If i take a company to the small claims court and i loose do i get hit with big bill from the winning company?
Answer:
Good for you.
Go along to your local court (or council) and ask for some information regarding making a small claim. In England and Wales that is anything under £5,000 and in Scotland it is anything under £750 (about 2-3 years ago).
You will have to pay court fees of about £30, and submit details of your claim both to the court and to the defendent.
After that it is a question of waiting for a court date, or for settlement prior to the court hearing (usually the night before the hearing).
A small claims court is meant to eliminate costs of inconvenience. Therefore, such costs are not usually awarded unless there is deliberate and systematic abuse of the small claims court system. (i.e. repeated claims from one individual over trivial amounts against many different large organisations)
A general tip is that it can be useful to have an independent third party (who your can introduce to the company) to allow the company and yourself to negotiate without giving too much away (prior to the court date). Negotiation can be difficult in person if you are at the going to court stage (presumably negotiation up to now has failed).
The judge decides what the costs will be, ok.
In America it depends on if they ask for it and the judge grants it. So, if it's there like it is here, maybe. Do you have a lawyer? If so, consult them.
They cannot bill you for their expenses, just like you cannot bill them for your expenses. They would have to sue you for some kind of violation of the law. But if you don't have any money it would be a waste of their time.
If you prevail, they could appeal the judgement, but their own corporate legal staff would be doing so for important reasons and you would have little difficulty finding an attorney to represent you.
The loser may be held accountable for court costs which is typically a nominal fee.
In small claims, the person who files the lawsuit pays the filing and fee to have the defendant served with a notice to appear in court.
If you loose, you will not collect on your claim nor will you get back your cost to file a claim.
The company you sued does not pay you if they win, and you do not pay them if they win.
The purpose of the legal system is to make everyone "whole". There is no punishment if you do not win your case.
No you will only lose your fee unless they choose to sue you seperately. But you will not be liable for their costs of defending your claim.
If you believe you have a case I think the court will be more inclined to back you. Do it its not as difficult as it seems. You can do it online btw at www.moneyclaim.gov.uk
Also make sure you choose a court next to you so they have an expense to travel.
Are you losing or are you loose. If your doubting that your going to win, go to the Citizens Advice first. As its under £5000 your claiming for then you can go to the small claims court with relatively little costs and may be eligble for assistance with legal costs.
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