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    SparklinDiamond's Avatar
    SparklinDiamond Posts: 13, Reputation: 2
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    #1

    Dec 16, 2006, 07:40 AM
    What problems are there in taking a civil case to court?
    What problems are there in taking a civil case to court? :confused:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 16, 2006, 08:54 AM
    Hello Sparklin:

    Problems?? Lawyer bills, lots of time and effort, plus you might lose.

    excon
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #3

    Dec 16, 2006, 08:20 PM
    Also depends on the amount of the claim.

    It you are just taking them to small claims court, you won't have lawyers bills.

    And as excon said, proof and time and effort.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Dec 17, 2006, 03:25 PM
    The main problems are time and being sure you have a valid case to begin with. It can take many months, sometimes even years, for a civil case to be heard. Then you have to prove and document your damages, by at least a preponderance of the evidence. That's assuming that the other party is even liable to begin with. Then there's always the matter of collecting the damages you are awarded. If the defendant doesn't willingly pay what (s)he's been ordered to pay, then the plaintiff has to go back to court and ask for a wage garnishment or some other attachment of assets to ensure that payment is made. If the defendant doesn't have any assets, that becomes a problem too.
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