Alternatives to Small Claims Court

As an alternative and as statistics shows, many cases can be resolved without a lawsuit. Lawsuits cost money, consume time and are emotionally draining experiences. While settling the dispute without going to the court is more preferable way.

You should always try to settle a dispute without going to court. In many cases, there are alternatives to going to court by finding the compromise with an adversary party. Determining your damage and determining the cost of going to the court can help to analyze whether the case can be settled. Generally, in many situations court litigation can be avoided. Try to contact the adversary party and explain the situation. Try to use a calm and logical approach and demand specific cure or resolution of this issue that can bring a compromise for both of the parties. If an attempt to settle is unsuccessful in resolving the dispute, and you have tried everything else within reason, you should seriously consider filing suit.

The steps set out below may help you to settle a dispute without suing:

1. First, carefully analyze the nature and cost of the wrong. For example, if the laundry has ruined a piece of your clothing, estimate the value of the article ruined. Determine how much you have been damaged. How much money would it take to make you "whole," or to put you in the position where you would have been had the other party done what he or she promised to do. If your case involves a consumer transaction, obtain a copy of the Texas Young Lawyers Association handbook entitled Deceptive Trade Practices to assist you in analyzing your claim.

2. Once you know what you want, a good way to start an attempted settlement is to call the store or the person whom you feel is responsible. Speak to a person in authority, not a salesperson. Generally, a store manager or an officer with authority to make decisions is best.

3. Calmly explain your side of the story and how you feel you were wronged. Do not gripe! You are not registering a complaint but are asking that the store or person compensate you for the wrong you feel they have done you.

4. NEVER become abusive or upset. A calm and logical approach will accomplish far more than abusive outrages, no matter what your feelings are on the subject. Yelling and shouting will not increase the amount that you are entitled to recover and will only create hard feelings.

5. Demand something specific. Ask the store or person to replace the garment, or return your money, or some other specific compensation. Tell them exactly what you want to resolve the issue.

6. If the store manager or person in charge is unresponsive, or if you are unable to reach him or her by telephone, then write a demand letter explaining your complaint. Send the letter by certified mail, return receipt requested. Remember to keep a copy of the letter. A sample letter is at the end of this pamphlet. Try to be as clear and concise as you can. There is no need for long winded discussions, or fancy legal language. And make sure you mail the letter to the correct address.

7. If a letter is unsuccessful in resolving the dispute, and you have tried everything else within reason, you should seriously consider filing suit.

Sometimes the court litigation can be avoided with the help of certain organizations that can mediate the dispute. Consider contacting the following organizations which may help to resolve the dispute:

In a dispute with your landlord, you may be able to get the matter resolved by the Apartment Association. In a dispute with the bank you may want to contact the New York State Banking Department or Comptroller of the Currency of National Banks. In a dispute with a business, the Better Business Bureau may be helpful. The Dry Cleaners Association may be able to resolve a problem with your dry cleaner. In a dispute over wages or involving deceptive trade practices, a call to the attorney general's office may be worthwhile. Sometimes a local television station or newspaper will have a consumer action department. Occasionally, such departments are extremely effective in recovering money for consumers and are sometimes successful in recovering money where a suit in small claims court would fail.