Question:

Can you get court fees in the judgment in Small Claims Court?

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I want to take a company to small claims court. It is pretty much an open and shut case, but the court fees are discouraging me. Can I ask the court to include filing fees in the judgment?

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  1. how much is involved here? you  cant' gamble the court fees on an "open and shut case" where you would get yoru money back, when the alternative is to not file and then not have anything at all?

    only makes sense if the amount in dispute is close to or less then the court fees, in which case, why bother, just move along like the song says...


  2. Yes you can. ONLY the filing fee and possibly costs of serving the claim (ie. registered mail costs.).

    You cannot recoup time off work to attend court or lawyer fees on a small claim.  

  3. It is not easy to take a company to court. any lawyer should be able to tell you it is more likely to be turned to a civil court in my case in Michigan it should have gone to civil court but the defendant didnt show up so i won default judgement that included the stamps to send registered mail and gas to get the stamps and all costs of that sort

    Aint it just grand how companies (corporations) have rights a if they were human when it comes to them dominating over actual humans,  but when you want to sue them they are not humans that you can sue in small claims?

    http://www.thomhartmann.com/unequalprote...

  4. From a lawyer.  Yes.  However, did you know that the company can appeal the judgment with no grounds?  Small claims appeals are automatically granted and you have to start over in the county court at law which means you would need a lawyer.  Companies almost always appeal small claims judgments.  

  5. I think the more critical question is whether the amount of money involved equates to the amount of time involved in the small claim action.  I learned in the oil and gas patch that the best you should expect is to get half your money back from a someone who is not honest.   An offer to settle with the company's lawyer for a fraction of what you feel is owed to you.  I am talking about a fraction of the purchase price and not any psychic damages.  You have a life to live and the company does not want to lawyer the case to death if there is a compromise open to it.  Do not ever think a case is "open and shut."  As the plaintiff, you have a biased point of view.   Personally, I would not pursue a case in which I was short sheeted by $750 or so. You have to arbiter of what your time is worth.  Good luck.

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