Legal Question in Business Law in California

How much is your time worth? If you're only owed $18, forget about it; don't waste any more of your time. It may be a matter of principal to you, but add up all the hours you've put into pursuing $18 already. Does it make any sense? Any attorney will tell you, pursuing a claim is judged from a cost - benefit standpoint.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Obviously, both the company and you are digging in their heels over principle, not the amount of money. You believe you are owed money for a service performed; the company probably disagrees with your theory and believes it is being shaken down. There is nothing inherently wrong about going to court over a small sum if the parties are doing it as a matter of principle and conviction rather than hope of obtaining a judgment for less than the court filing fee.

The court might grant the company a temporary restraining order (TRO) as provisional relief pending trial on your contract claim that you are owed money, or on their declaratory relief claim that they do not owe you money. Such a restraining order would probably be granted, if at all, for some reason other that ordinary debt-collection efforts. For example, your attempts to contact the Better Business Bureau could be perceived as undue threats or coercion.

It would be a mistake to equate grant of a restraining order to civil harassment and domestic violence-type situations. TROs are often granted to maintain the status quo in other civil cases pending resolution of the underlying issues. My advice would be, or would include, that you ask a lawyer about the legal validity of your claim for $18. The lawyer may be able to show you why it is, or is not, a debt that a court would enforce in your favor, or whether your claim lacks merit. If the latter, you should give up and perhaps apologize. If a lawyer thinks the claim is legally enforceable, get an opinion as to the cost to you to pursue it in court, and then decide whether you want to spend the money to "win" on principle.