Small Claims Ethics

[mdx20]

What is the name of your state? Wisconsin

I filed a small claims case against a client to get payment. The afternoon before the trial, his atty called me and I agreed to a settlement amount. The atty promised to fax over the agreement and said that I did not need to attend the trial. The fax never arrived. I tried contacting the atty that evening and the next morning without any success. I went to the trial. The atty did not go to the trial. I recieved a judgement for an amount greater than the previously agreed settlement amount.

The client paid the settlement amount but the case was never officially closed. The client continued to jerk me around on other issues since then. Is it unethical for me to proceed with steps to get the full judgement amount?

Thanks!

 

[seniorjudge]

Q: Is it unethical for me to proceed with steps to get the full judgement amount?

A: Not only would it NOT be unethical, it would NOT be smart if you didn't go after the whole amount.

Pre-trial negotiations are not generally admissible in civil cases; I don't know the rule in your state about whether that would apply to small claims.

But, all that aside, you have a judgment. Collect on the amount of the judgment, not what some lawyer told you the amount would be.

If the judgment debtor (your client) gripes, say, "I have a document here that says you owe me X amount." (Whip out judgment and show it to him.) "Do you have a document that says I do NOT owe that amount?"

Case closed.

 

[HomeGuru]

What is the name of your state? Wisconsin

I filed a small claims case against a client to get payment. The afternoon before the trial, his atty called me and I agreed to a settlement amount. The atty promised to fax over the agreement and said that I did not need to attend the trial. The fax never arrived. I tried contacting the atty that evening and the next morning without any success. I went to the trial. The atty did not go to the trial. I recieved a judgement for an amount greater than the previously agreed settlement amount.

The client paid the settlement amount but the case was never officially closed. The client continued to jerk me around on other issues since then. Is it unethical for me to proceed with steps to get the full judgement amount?

Thanks!

**A: if you agreed to the settlement amount, then accept it and move on. If you are that pissed and want to collect more, then go after him for the balance.