Legal Question in Civil Litigation in New York

small claims v. civil court

Hi! I have a very solid case against a customer who owes me for unpaids invoices. He has an agreement with us whereby he is resposible for attorney's fees in the event of litigation. I contacted an attorney who would take this on 1/3 contigency, with us paying for costs up front. He stated that there is no guarentee how much, if any, attorneys fees we will recover, although, he said, we are entitled to them. My question is: Would it be more sensible to sue in small claims court where we would not have to expend these costs or hire an attorney under these circumstances?

Thank you!


Asked on 1/14/04, 12:21 pm

3 Answers from Attorneys

Re: small claims v. civil court

The small claims max is now $5,000. It is unlikely that you would get attorney's fees as part of a settlement. You would only get them if you went to trial and took a verdict, assuming your contract provides for them.

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Answered on 1/14/04, 12:36 pm
William Pinzler william M. Pinzler

Re: small claims v. civil court

It depends on how much you are seking to recover. Small claims court is time consuming and going there is unlikely to bring you any respect with your customer. I would suggest try a lawyer.

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Answered on 1/14/04, 12:58 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: small claims v. civil court

Youa re basically asking for some one else yto make your business decision for you. In any event, a corporation must be represented by counsel, if you are one.

Good Luck

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Answered on 1/14/04, 1:47 pm


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