Going to Court
Some disputes are impossible to prevent. Being informed about the various options, including litigation, can help control the damage. Is Litigation Worthwhile? Deciding whether you have a valid legal basis for a lawsuit is the first priority. A lawyer can help decide whether the most likely outcome of the case is worth the cost of filing suit. If you decide not to file, don't make references to legal action, as empty threats only hurt your credibility.
Lawsuits in Regular Court
Judges not only have the power to grant monetary judgments, but can also order practical remedies such as tenant removal or a stop to patent infringement. Lawsuits are typically much more costly than other forms of dispute resolution. Remember that a settlement is an option at any time, before or after litigation is begun.
Most commercial lawsuits settle before going to court. In your case, would the opposing party be inclined to settle even before a lawsuit is filed? If winning is a possibility, how likely are you to collect the judgment awarded? In the case of monetary awards, there are many ways debtors can protect themselves from collection, so consider the possibility that you may never receive full payment. Finally, let a lawyer help you in your decision.
Small Claims Court
Small Claims Court is usually the best option if the size of the case doesn't justify the cost of hiring a lawyer. Before filing, it is important to make sure that your state courts have jurisdiction over the defendant. In addition, find out what the maximum amount is that can be asked for in your state.
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