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by ilamont 2239 days ago
I took a company to small claims court about 10 years ago. In my state at that time, the max you could sue for was a few thousand dollars (now it's $7k, https://www.mass.gov/service-details/small-claims-court). It was run by a magistrate, not a judge, and AFAIK no ordinary citizens who had brought cases (including myself) had a lawyer to represent us. No surprise there ... the small claims courts are designed to work this way, so ordinary people can bring cases if relatively small sums are involved.

Most of the defendants (which were small or large companies, some local and some national) in these citizen-brought cases didn't even show, but those who did typically brought a lawyer to deny the charges, and were usually asked by the magistrate to work out a settlement in the hallway.

Excluding the local small claims plaintiffs such as myself, about half the docket consisted of national credit card companies suing local debtors. The lawyer for say BOA would come in with a list of 10 local people being sued for amounts under the small claims threshhold. Maybe 1 in 4 defendants in these cases did show up, and were asked to work out a settlement in the hallway. If the local person being sued didn't show, the default judgement was for the credit card company with treble damages, putting these people further in the hole.

1 comments

Wow, it's the Court of Chancery all over again.