If you’re a small business owner, you’ve probably faced a situation where a customer or client has failed to pay some or all of the money owed to you. In a situation like this, perhaps you’ve hit a dead-end in terms of finding options to collecting that bad debt and now you have decided to take the matter to small claims (a.k.a. conciliation court).
Before filing a case in small claims court, there are three things you should know about small claims court that might affect whether it makes sense for you to file:
(1) You can only sue up to $7500 in conciliation court.
Thus for example, if your delinquent customer owes you $9000 and you choose to file the case in small claims court, you are barred forever from collecting the $1500 difference in any court regardless of the outcome in small claims court.
(2) It is very difficult to collect on a conciliation court judgment
A high percentage of debtors know that a conciliation court judgment does not guarantee payment. Usually, you are much better off reaching a written settlement with the debtor before taking the matter to court.
(3) Even if you win in conciliation court, the other party may have a right to appeal, resulting in a “do over”
Many times, I have seen clients that won in conciliation court only to witness the other party appeal the case to district court. In district court, it is like the case is brand new and you have to start all over again. It makes no difference that you won in conciliation court!



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