- Mar 14, 2005
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There have been various comments about Small Claims Courts so I thought I would write about my experiences.
The company that I work for had a summons issued against it. There had been a dispute over a portable building.
Two of us from our company went along to the Court. The waiting area is where you may 'bump' into the other side and, perhaps, if this is the case that civility is key.
Both sides were taken into a room and sat either side of a large table with the 'judge' at the head.
We each stated our case and were questioned, albeit gently, by the 'judge' and given the ability to refute the other sides arguments..
At the end of the process the 'judge' made his decision and announced it.
In our case it was not one of just one side being right and the other wrong - and both sides have to accept the decision.
Whilst a little intimidating at first because we did not know what would go on, now, I would have no hesitation in issuing a summons against someone else.
The cost is low and you will not get hit with large legal bills for the other side - this is very much a laymans court - Perry Mason is not required.
I believe the Court does have leaflets explaining the process.
I would not advocate using this for frivolous issues but for one where Goliath dealers can be reduced to the David size that we are and where they cannot employ expensive lawyers to place US at a disadvantage.
There is always the possibility that a Dealer will not turn up and lose by default. If you do lose then at least you have had a fair hearing by an impartial 'judge'.
The company that I work for had a summons issued against it. There had been a dispute over a portable building.
Two of us from our company went along to the Court. The waiting area is where you may 'bump' into the other side and, perhaps, if this is the case that civility is key.
Both sides were taken into a room and sat either side of a large table with the 'judge' at the head.
We each stated our case and were questioned, albeit gently, by the 'judge' and given the ability to refute the other sides arguments..
At the end of the process the 'judge' made his decision and announced it.
In our case it was not one of just one side being right and the other wrong - and both sides have to accept the decision.
Whilst a little intimidating at first because we did not know what would go on, now, I would have no hesitation in issuing a summons against someone else.
The cost is low and you will not get hit with large legal bills for the other side - this is very much a laymans court - Perry Mason is not required.
I believe the Court does have leaflets explaining the process.
I would not advocate using this for frivolous issues but for one where Goliath dealers can be reduced to the David size that we are and where they cannot employ expensive lawyers to place US at a disadvantage.
There is always the possibility that a Dealer will not turn up and lose by default. If you do lose then at least you have had a fair hearing by an impartial 'judge'.