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    What Can I Do Instead of Going to Small Claims Court?
    Posted: 2010-08-03 09:35:15


    Does someone owe you money, have they given you a bad cheque, injured you, or provided faulty workmanship? Then you may be considering going to Small Claims Court.  But if you can’t afford to take the time off work or you’re worried about speaking in court, there are other options.  Even if you are set on going to Court, you should consider how you can resolve your dispute amicably.

    In many cases you can avoid going to Small Claims Court completely. Before you file your claim with the court, consider sending the defendant a demand letter requesting payment.  This letter is often all it takes to get them to negotiate a settlement.  Or have a lawyer send the letter on your behalf— the same letter but sent by a legal representative might be the incentive needed for someone to take your demand seriously.

    If you send the letter by registered mail, then you will have a record of receipt just in case.  Remember that the letter may be used in court one day, and a judge might read this letter, so be calm and professional. Describe the details of the case as briefly as possible. Tell them exactly what you are asking for and give them a reasonable deadline to respond.  Even if you don’t get a response, you can still try to contact the defendant again with a reasonable proposal to avoid going to court.  As with all documents in your case, keep copies of your demand letter and the mailing receipts.

    My Legal Briefcase can help you prepare a demand letter.  Visit our website to learn some more about our services.

    Although My Legal Briefcase takes every reasonable effort to ensure that the information on our website and documents are up-to-date and legally sufficient, My Legal Briefcase is not a law firm, and the employees of My Legal Briefcase are not acting as your attorney.



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