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My Night at Small Claims Court

Published on: October 6, 2008
The other night I found myself at small claims court because an advertiser hasn’t paid their bills. Actually they ran 4 ads but only paid for the first 2 and never returned calls for payment. So we took them to small claims court. When I arrived at the waiting area, I immediately heard someone calling my name. Turns out it was an NY Report reader and advertiser who was getting sued by a client. When I got into the court room and the clerk started calling the calendar, I heard the name of another NY Report advertiser (I believe they were a claimant but they didn’t respond to the clerk). Now I am wondering if seeing two of our advertisers there was a coincidence, a reflection of a small world or sign that litigation is just a part of “doing business.” The defendant, the party we are suing, never showed up and I had no objections about using an arbiter vs. judge/court. My attorney told me that while I waive my right to appeal, I also don't have to spend the entire night in court by using an arbiter. So I sat in another   waiting room for about 45 minutes until I was finally called into a room to speak with the arbiter. She asked me what happened so I gave her the story and showed her the proof I had brought (signed insertion orders and etc). While she wouldn't tell me definitively if she was going to rule in my favor, her implications were clear that she would (plus, it didn’t hurt that the advertiser paid for 2 insertions out of the 4 agreed on). She further said that they could make a motion to "vacate" the decision, which means it could go back to court (meaning another night or 3 on this matter - which is only for about $4200). And even if they don't contest it, I still need to collect and that is an entirely separate endeavor. Despite the time and effort, I think it is important to go after people in court that owe you money - especially if they are not responsive. By the way- I got a call the next morning from the company we were suing, eager to pay their balance as they did not want to go to court.
 

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