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Why won't many attorneys take small claims cases?
I have a small claims case going on against a home building contractor. The contractor hasn't shown up the last two court dates and the judge keeps extending the case. This is getting really stressful for me. I asked my general practice attorney if she would take it. She said in a disdainful tone, "I don't take small claims cases!" I tried around town and got pretty much the same feedback from other lawyers.
13 Answers
- racLv 71 decade agoFavorite Answer
You would pay more to the attorney to help you than the case is worth. Thus, it is not worth the attorney's time to handle such a case. The maximum claim amount in Small Claims is $5,000 and that is less than most attorney's ask for the opening retainer when they take a case. So, you see, you would pay more for the attorney to help you than you will ever win out of the case.
Besides that, most small claims courts don't allow attorney's at all. It is supposed to be a place where people can have their day in court for small wrongs committed against them.
Having said that, I do feel your pain. The legal system is not fair and discriminates horribly against the common person who cannot afford to have an attorney help them.
Source(s): CA atty - 1 decade ago
Because there is a cap on the amount of a small claims suit. I believe the national average in the U.S. is around $5000 (here in New York the most a claim can be is $3000 in local courts). It ain't worth it to most lawyers to have to do the work needed to prepare for the trial. And if you found an attorney to help you, he/she would probably charge you more than you'd get even if you won the case. BTW - if the contractor fails to show up again, insist that the case go to trial. Don't let the contractor, or the judge, keep jerking you around. Since you have to go to the town/village where the person you're suing maintains a legal residence, the judge may be friends or even be related to this guy. Just be sure of your case, have photos and keep cool.
- jusjokin12Lv 71 decade ago
When you are only talking about receiving $10,000 (you are talking about them only getting a little more than $3300 payment) or less in awards it is not really profitable to pursue them. I am surprised the judge is extending the case instead of just giving you a judgment in your favor. That makes me wonder if there is not something else going on? Check with your states laws on Small Claims court procedures. It does not seem to me that if the defendant is properly notify of date and time of case that if they do not show up they are allowed an extension. Let me know what state you are in and I will check on the rules for that state.
- Anonymous1 decade ago
You're supposed to do small claims on your own. Go to the court clerk, ask for the form to make a "motion to for judgement in default of defense". Fill it out. On the next court date, if the contractor isn't there, hand it to the judge's assistant before court starts. When it's your turn, explain to the judge that it's the third time he hasn't showed up. The judge will grant your claim.
- ?Lv 45 years ago
confident. There are situations the place a decide can push aside a criminal expert from a case via a relationship *if* a conflict of interest could be well-known. as an occasion: A criminal expert won't be able to be a witness *and* characterize his shopper on an identical time interior an identical case. If a kin member could be witness in a criminal or civil case, as a criminal expert they won't be able to characterize you. of direction that applies to all attorneys.
- Big DaddyLv 41 decade ago
Simple, there isnt any money for them in it. Also the judge looks at small claims tougher if an attorney is representing one party and not the other.
Dont give up on this case if it has merit. The judge should be losing patience with the contractor and should decide in your favor very soon.
- RTLv 51 decade ago
You are not allowed to have an attorney with you in court for small claims cases - so they don't make any money by representing you.
- DARLv 71 decade ago
because it takes many hours to prepare for court and be confident of your authorities for the issue, and small claims cases won't pay the fees for that.
- Anonymous1 decade ago
it's cause most small claims cases don't pay well, they only want to take cases where they can make big bucks, so basically, they're greedy.
lawyers are the greediest of the greed.