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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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Deciding to start a business can be a complex problem.  Every week, I meet with people who are thinking about forming their own business.  But as most everyone knows, the chances of success over the long-term are slim.  The business owners that I have found to achieve the most success are the ones who carefully plan each aspect of their business from the ground-up.

When it comes to forming a business, pieceworking it together is not the way to go.  I have had the opportunity to form a number of profitable businesses where I am an owner or officer and my key to success has been to develop a comprehensive strategy that at the very least addresses the following considerations:

1 – Financing

2 – Accounting and Taxes

3 – Human Resources / Personnel

4 – Marketing

5 – Legal

6 – Insurance / Risk Management

You can go out on the internet and find any number of resouces available to the small business owner.  But you should take what you find with a grain of salt.  The best way to begin and run a business is by the book.  The MN Department of Employment and Economic Development has many outstanding free resources available to the small business owner which I strongly encourage you to review. 

Beyond that, you are always in the best position to have professionals in your corner to help with each of the above areas.  This would include a CPA, human resources professional, business attorney, business insurance agent and business coach.  In most cases, it is worth the added expense to involve these professionals because if they are good at what they do, they WILL help you become much more profitable!

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© FreeClipartNow.com

If you’re a small business owner, you may be aware of the Small Business Administration (SBA).  If you aren’t, the SBA is a free resource available to small business owners needing guidance in a variety of areas including:

1 – Business Planning

2 – Finance and Accounting

3 – Marketing and Advertising

4 – Obtaining an SBA Loan

For anyone looking to start a small business, I strongly encourage you to obtain a free copy of the Minnesota Small Business Resource Guide.  Each year, the SBA Minnesota Office prepares this guide as a practical tool to help small business owners think through many of the common issues and concerns they may face.  In addition, there are numerous business support groups that allow small business owners to come together.  With the right tools in-hand, you can be a successful small business owner and beat the odds!

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