4 ms·

You absolutely can. Now the company has to pay one of their lawyers ($$$) to show up, or the claim is a default judgement, which they have to pay. So the lawy

You absolutely can. Now the company has to pay one of their lawyers ($$$) to show up, or the claim is a default judgement, which they have to pay. So the lawyer shows up and says blah blah mandatory binding arbitration. The judge can interrupt and say "don't care, judgement against, pay the man". Or the opposite, in which case at least you cost them more than they cost you. Which is why they probably take the default judgement and pay you.

crooked-v 2y ago
Yeah, the key thing here is that even if the arbitration agreement is binding, they have to have someone actually show up and prove that to the judge. So multiply that across even a few hundred times...
ensignavenger 2y ago
At least in some courts, I would think filing a motion to dismiss would be enough, without swnding a lawyer to court... but I have never been theough that process before so I can't say for sure? Still takes time, and arbitration isn't all that scary, ao forcing them to arbitrate can also be a costly endeavor for them.
- qingcharles 2y ago
  I would think this is possible. I've often agreed with the other party's lawyer that oral arguments on MtDs are unnecessary and then we just let the judge rule "on the papers" without anyone having to be there in person. The judge can then just file a written order with his ruling. Bear in mind that motions and discovery are highly frowned upon in Small Claims courts that I've litigated in. And 95% of the time the court will rule in favor of the bigger party if they bring a lawyer, just out of general hatred of courts for unrepresented litigants.
kelnos 2y ago
In the latter case, don't they then ask the judge/arbitrator to also award them legal fees if (when, really) they win?
- Staple_Diet 2y ago
  In most situations small claims court is generally self-represented, with claims for legal costs capped at a certain level dependent on the amount being claimed. For example, in NSW, Australia, there is a different cap for costs under $1000 vs $1000-$5k, and $5k-$20k. One might expect a judge to look poorly upon a large multinational sending a $2k/hr lawyer to a $500 hire car dispute.
- klyrs 2y ago
  Where I live, you can't claim a lawyer's fee in small claims court -- that's kinda the point of small claims.
Repulsion9513 2y ago
> in which case at least you cost them more than they cost you Did you really? Monetarily you did of course. How much time does it cost you though? It might cost the company a couple hours.

crooked-v 2y ago

Yeah, the key thing here is that even if the arbitration agreement is binding, they have to have someone actually show up and prove that to the judge. So multiply that across even a few hundred times...

ensignavenger 2y ago

At least in some courts, I would think filing a motion to dismiss would be enough, without swnding a lawyer to court... but I have never been theough that process before so I can't say for sure? Still takes time, and arbitration isn't all that scary, ao forcing them to arbitrate can also be a costly endeavor for them.

qingcharles 2y ago
I would think this is possible. I've often agreed with the other party's lawyer that oral arguments on MtDs are unnecessary and then we just let the judge rule "on the papers" without anyone having to be there in person. The judge can then just file a written order with his ruling. Bear in mind that motions and discovery are highly frowned upon in Small Claims courts that I've litigated in. And 95% of the time the court will rule in favor of the bigger party if they bring a lawyer, just out of general hatred of courts for unrepresented litigants.

kelnos 2y ago

In the latter case, don't they then ask the judge/arbitrator to also award them legal fees if (when, really) they win?

Staple_Diet 2y ago
In most situations small claims court is generally self-represented, with claims for legal costs capped at a certain level dependent on the amount being claimed. For example, in NSW, Australia, there is a different cap for costs under $1000 vs $1000-$5k, and $5k-$20k. One might expect a judge to look poorly upon a large multinational sending a $2k/hr lawyer to a $500 hire car dispute.
klyrs 2y ago
Where I live, you can't claim a lawyer's fee in small claims court -- that's kinda the point of small claims.

Repulsion9513 2y ago

> in which case at least you cost them more than they cost you Did you really? Monetarily you did of course. How much time does it cost you though? It might cost the company a couple hours.