←back to thread

Maybe you’re not trying

(usefulfictions.substack.com)
448 points eatitraw | 1 comments | | HN request time: 0.255s | source
1. righthand ◴[] No.45946703[source]
This stood out to me because I have been involved in a small claims court case over a small amount of money (less than $2k). No one will give me advice other than "take them to small claims", because the take is too small for them to take interest and often small claims issues are really stupid disagreements between two parties where one party is not taking responsibility for some finances.

Depending on where you live, small claims can have many routes (this is good), the default is to have your case heard by a judge while you are unrepresented by a lawyer (most likely). However due to the large amount of cases and the fact that your case has very low value, the courts may push you to other routes. One route is mediation, I have been to two-forced mediation sessions and each time the opposing side states at the top they have no intent of make a deal. The second mediation the lawyer was still hostile from the start and threatened to have me pay their legal fees. This rattled me and made me reconsider my actual case. I needed clarification. I found a lawyer referral service provided by the state with a 30 minute consultation, that was affordable ($35) and even though I wasn't looking for representation it offered me a chance to have someone give me advice on the latest updates. A lawyer helped me out but not before immediately rejecting me after seeing the small amount and the small claims case information. I had to reach out again and explain that I didn't really need their representation but to weigh the threat of legal fee retaliation (though honestly what judge would allow that to happen?).

I ultimately think if we had better civics education people wouldn't feel so helpless. This entire small claims process has revealed how difficult it can be to find legal advice and how often that uphill battle can be once you're up against an opponent. It is always easier to walk away than make arguments legally you don't really know or have to get assistance. We need to start teaching civics in schools at a young age or people will feel more and more trapped by the technology they use and less empowered by the rights they have.