Should
I Take My Equine Dispute to Small Claims Court?
Small
claims court is designed to be a user-friendly forum
for consumers, where they can represent themselves and
recover on relatively small debts in an informal
environment. Many
equine cases, particularly horse sale and purchase
disputes, involve damages of a few thousand dollars or
less and therefore are perfectly suited to small
claims. However,
not every horse-related legal matter is appropriate
for small claims and therefore we have prepared these
guidelines to assist you in evaluating your case.
Cases that Should Go to Small
Claims
-
Claims
that exceed the small claims limit but may be too
expensive to litigate in regular civil court, such
as claims in the $10,000 - $15,000 range. Note
that in such cases, you would have to reduce the
claim amount to the small claims limit.
-
Claims
that are not rock-solid, especially those with
more emotional than legal appeal. The cost of
litigating in small claims is low, so if you lose,
it likely will not cost much more than your time
and filing fees, which are usually less than $100
(but note that if the other side incurs attorneys'
fees, you may have to pay them).
Cases
that Should Not Go to Small Claims
-
Claims
where you have a good basis for recovering
attorneys' fees (such as a breach of contract case
where the contract specifies attorneys' fees, or a
case that involves a claim providing for statutory
damages, such as federal copyright disputes).
For
assistance in determining whether your equine legal
matter is appropriate for small claims, contact
ELS for a free
telephone consultation.
Additional
Information:
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