Originally Posted by joecaption
Would not have cost him anything to go to court.
Just sit there, have the other guy state his case and say nothing in rebutal.
Once the judge heard his case it would be thrown out.
Give in and the other guy wins and will do it again.
While that's true from a legal standpoint, my friend and I both
work for a living (he owns a business, I'm a network engineer)
Neither one of us would be making any money while we sat in court all day waiting on our minor case to be heard, paying the fees to file and answer to the case, etc.
(usually you don't get the other side to pay fees unless they really badly lose, and a dismissal doesn't count - it's more high-dollar cases and Hollywood where the loser pays _everything_ including working money lost by the other side)
Back when I was a "local manager" for a small landlord and also small business IT business owner, I had to deal with a couple of my landlord's tenants for him.
I never lost a court case, but I bet that in the couple of times I've had to deal with them , I spent well over $2400 in billable time I should have been able to be doing billable work for my customers.
The judge never agreed that I should be recompensed for my time spent documenting my side (instead of doing billable work), actually being in court, etc.
He referred to that as "my right as a citizen to defend myself" and more or less implied that I should be glad I had the right, even if it cost me time and money during times I should have been onsite for customers.
My landlord gave me breaks on rent, but said that was part of the deal when we got into that. I moved shortly after _that_ ...
At best, I lost vacation days I could have used for something way more profitable.
So, my philosophy is that I avoid situations that might give someone an ability to sue -- because either way, I lose something no matter what, even if it's just my free time not to be sitting in a courtroom.
Hence, I'd replace the entire door.... instead of taking a chance on a breakin and having the tenant sue me for whatever, because I had a crappy doorframe in there that made it easy for the thief....
But yes-- I do agree with your thought of "not just giving in" = you certainly don't want to just settle and give someone money every time....