Legal Question in Credit and Debt Law in California
Lawyer or small claims?
I posted before that someone owes me about $9000. I am paying towards that amount with interest. A lawyer here suggested that I sue. Shall I hire a lawyer or take it to small claims?
It was a verbal agreement in Dec 2000 that this person is going to pay. So I think the statue of limitation is coming up soon. I also have several emails from this person that the person will pay back.
What should I do?
1 Answer from Attorneys
Re: Lawyer or small claims?
Although you will have to reduce your claim to Five thousand dollars ($5,000.00),
Small Claims is fast and uncomplicated. The net to you is probably the same. You have no right to attorneys' fees on your indebtedness. So your claim is for Nine thousand dollars ($9,000.00) and costs, and that is all. If you deduct your attorneys' fees from that amount, you will probably not net more than the Five thousand dollar ($5,000.00) limit of the Small Claims Court, and you will have to wait for the cumbersome legal process to get to the point of a judgment. Go to Small Claims Court.
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