Small claims court is full of lawyers. There are many fees you have to pay to go to small claims court. You have to spend hours driving back and forth to court and waiting in lines to talk to the court clerk, sometimes the clerk gives you the wrong information and you have to repeat several steps. You have to find the person youre suing and attempt to serve them. If they refuse to accept it, you have to hire a sheriff to serve for you. To sue someone in a different state you have to file the claim in that persons state and county. If you make a mistake on any paperwork you lose.
Lets say you took legal writing in college or are just a smart person in general, well then actually winning in small-claims court isnt very hard. Collecting the money is hard. You have to prove they have money in a bank account somewhere and can afford to pay. Small claims court is not like district court, where a judge has power to "force" people to pay. So plan on hiring a collection agency to collect your judgement for you.
The point is, unless you have endless money and time to waste just to say "i won." Legal action is not viable. Just stick to the credit card stop payment. Its fast, easy, and actually works.
In many states an attorney isnt even allowed in the small claims court. once a lawsuit is presented, an out-of-court settlement is usually made -- not requiring driving anywhere.
most states allow a third party to serve the papers. In CO a landlord can personally serve the papers to a tenant.
most small claims paperwork can be filed on the internet. No need to wait for a clerk.
"make a mistake on any paperwork, you lose" -- hardly. most paperwork is simple to fill out and heres why:
The small claims court is designed to handle the msot petty of cases. "He stole my $18.00 pair of shoes." why even bother?? Because people are full of pride. If someone wrongs you (no matter how small) you want to retaliate. In Colorado a Bishop to a church shot a man with a crossbow over a traffic dispute – that’s just how sad and pathetic humanity is. In order to keep the “lower tier†of our society from attacking each other over petty (to us) cases (such as a traffic dispute, or an 18.00 pair of shoes) we have the small claims court. This court is **designed** for those who are in poverty. This means the forms are relatively easy to fill out, and costs are kept to a minimum. That way no one gets shot over the 18.00 pair of shoes (and the tax payer doesn’t pay the medical bills for it.)
I assure you, filing the $20.00 lawsuit (obviously after all other routes have been used) will get an answer, and a settlement.