Let’s face it. Sometimes, you don’t need a lawyer to handle a legal dispute. Sometimes. Don’t get me wrong. I’m not here to talk you out of ever hiring a lawyer. But if the issues are straight forward, or if the cost of hiring a lawyer would erase any recovery you would get, you might want to consider handling the lawsuit yourself. Fortunately, in Colorado the small claims court offers a simple, relatively quick way to resolve legal disputes.
Still, there are some things to consider before you move forward. Even if the process is relatively simple, suing someone can be an emotional roller coaster ride, and you want to stop and think before you get on. When you get to trial, you will be in open court. The judge or magistrate will likely have questions for you, and you can count on the other side challenging your position. You have to be ready with your response. Ask yourself the following questions:
- Even if you win, will you get anything from the defendant? If the defendant is unemployed, retired, or otherwise has no assets, you’re unlikely to recover anything. Winning in court is just the first half of the litigation process. The second half is collecting.
- If you’re being sued in small claims court, you may want to consider settling, especially if a.) you don’t think you’ll win, and b.) you don’t think you can pay if you lose. If the other side wins, she can garnish your wages, which can mean taking 25% of your take home pay.
Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule a bankruptcy consultation at a time that is convenient for you.
Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.
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