Is a $2500 lawsuit...

[TexasTower]

worth hiring a lawyer over?

I'm scared of going in to small claims court and getting counter sued and losing for not knowing the ins and outs of procedures and end up having to pay when I should have a slam-dunk case.

Thanks.

 

[CaboWabo]

Unless you have a lawyer friend who will do you a favor, it probably is not. As far as Court procedure, there really is no procedure in JP court. Your Judge is likely not a lawyer and will have no clue about the rules of civil procedure or evidence. It's pretty much anything goes there.

 

[VYFan]

You may can get enough advice on here to get you by. JPs now have $10k jurisdiction, however.

 

[KS1866]

The better question is "will any lawyer take a $2500 case?" The answer, most likely, is probably not. I would just file in JP court and roll the dice. What kind of case is it?

 

[johnny chimpo]

Exactly, file it and roll the dice. Chances are, the other side won't be represented by a lawyer, the judge won't be a lawyer either. It'll be like the People's Court. if you lose, there is a de novo review in County Court at Law, which means the judgment is wiped clean, and you start fresh.

 

[bevo_daddy]

I would watch all the daytime court shows for research

 

[BattleshipTexas]

Are you suing a business or a neighbor? Businesses have often have lawyers and often have experience in court. A neighbor may or may not.

 

[NCAAFBALLROX]

I am suing a deadbeat customer in small claims & a HornFans lawyer is doing the legwork.

As a part of the suit (he had an opportunity to examine the contract docs over lunch @ Ironworks), he's requesting 'reasonable & customary attorney's fees'.

My cost so far (other than what the customer owes me) is $ 65.00 for a process server.

To me, what that means is if a lawyer examines the docs, sees whether or not you've got a case & thinks he'll win, he may take the case & walk the process for you (however I doubt you'll get them to go to small claims court with you, just to file the paperwork).

 

[ACuriae]

PM me and let's talk about it. I've helped my friends and sometimes friends of friends with kangaroo court before. I'm not even sure why we have them. Round-robin centrally-administrated mediation would be better and faster.

Also, if you have a contract matter it might be worthwhile to hire a lawyer (because, if certain prerequisites are met or waived, the law provides for recovery of attorney fees in a contract dispute), but it depends on how efficient the lawyer is. Few kangaroo court judges are going to give you $1.50 to recover $1.00. It also depends on how likely you are to recover from the other party.

 

[pasotex]

My short answer is no unless the other side hires one and/or files a counterclaim.

The problem with a claim like this imo is that even if you win and recover the full amount, collection can be next to impossible in Texas. I do not handle JP cases unless it is as a favor or for a really good hourly fee client who understands that I may not be able to collect the judgment. As a result of our very liberal exemptions, most people in Texas are judgment proof which means a judgment does not guarantee payment.

 

[Mack Tripper]

If you get screwed by the JP and lose, you can always get an automatic de novo appeal in county court, which means its a complete do over.

 

[cmvUT75]

if you can handle the verbal abuse ...