By Diane Lee (WSPA)
We get a lot of calls from people who have a gripe against a business. They want to take them to court but it’s not worth the legal fees.
So we looked into what you can do to fight your case when paying a lawyer doesn’t make sense.
SMALL CLAIMS COURT:
Magistrates court, also known as small claims court, is where you can try cases seeking damages of less than $7500 dollars. And you can represent yourself. The office in your county can help you fill out the paperwork, but they can’t advice you on how to try your case.
If you represent yourself in small claims court, don’t worry, you don’t have to memorize a huge book of rules like lawyers do, but you should look through a smaller list. Judges in Magistrates court tend to be more lenient if you aren’t familiar with court proceedings than they would be the higher courts.
Before you file the $80 court fee, Attorney Andrew Hart recommends you look into a few other options.
BEFORE YOU FILE TRY THIS:
1. Check to see if you’d be eligible for free help through SC Legal Services.
2. If not, you’d be wise to pay $50 for a consultation with a lawyer through the Bar Referral Service.
“Even if you don’t retain them, generally someone will give you an honest opinion about your case, about what to expect, about whether they think your case has chances of being successful, or if there are difficulties,” said Hart.
3. Check with the Better Business Bureau to see if they can set up a mediation between you and the company. It costs $25 per party.
4. File a claim with the SC Department of Consumer Affairs, and if applicable, the SC Builders Commission Specialty Complaint Center.
