Solve your debt in 5 days or less!

reasonable, measured against the amount you'll collect. 
The debtor's  lawyer is thinking the same thing. Sure, the 
debtor has some kind of defense, but his lawyer doesn't know 
if it will stand up until he looks at all the details. These 
things are always  more complicated than the client can 
imagine. In law, practically everything is arguable. There's 
no way the debtor's lawyer wants to spend huge amounts of 
time on this either, and run up a colossal bill, if there's 
some hope it won't be needed. 
Upshot: the lawyers on both sides tend to do the minimum, 
just shadow-box for a while. To both of them, it's a fight 
about a small sum (a few thousand dollars). They can't 
afford to sink a lot of their client's money into the sort 
of pre-trial preparations you see in Rumpole dramas. 
Usually, very little happens until about a week before the 
trial is due to begin. Even if the trial looks like going 
ahead, the lawyers still won't do as much technical 
preparation as they could. For a debt of say $6000, their 
clients just couldn't afford it. So your lawyer isn't going 
to look into every possible 'cause of action' and the 
debtor's lawyer isn't going to spend his evenings pondering 
subtle and sophisticated defenses. 
Getting to the bottom of it: why Magistrates' Court actions 
need to be 'cheap' 
IT ALL goes back to the scale of fees in the Magistrates' 
Court. The court puts limits on how much the winning side 
can stick the losing side for, in legal costs. There are 
good reasons for this. There'd be little point in having a 
hierarchy of courts (Magistrates', County, and Supreme) if 
all the courts handled cases of any size, and allowed 
similar costs. 
The Magistrates' Court handles cases less than $25,000 and 
has a correspondingly modest scale of allowable fees. This 
means that if your lawyer's bill runs over the Court scale 
by say $250, you can't  claim the $250 from the debtor if 
you win the case. You're $250 out of pocket, no matter 
what. 
And there's something else: if you're suing for a debt of 
$500 or less, you aren't allowed to claim any of your legal 
fees from the loser. (Except in rare circumstances, not 
worth hoping for.) The only good news is that if you lose 
the case, the debtor can't hit you with a bill for part of 
his  lawyer's fees. 
To repeat: if you sue someone for $500 or less, you pay all 
your own lawyer's fees.  
If you aren't aware of all this, your lawyer certainly is. 
And this is what curbs him. 
Mind you, there are complicated trials in the Magistrates' 
Court. Sometimes it can't be helped. There might be 10 
witnesses, the trial might go on for a week -- all over a 
debt of just $3500. Such a thing might happen, for example, 
if the debtor was getting legal aid. "Why worry?" he might 
think. "My costs are all covered. What can I lose?" 
(Actually, if he did  lose, he'd have to pay the Court's 
scale costs to you. Legal aid wouldn't cover that.) 
In the higher courts, the costs themselves can become a 
driving force. For example, a 'small' dispute for $9000 
could eventually get appealed to the Supreme Court, with 
costs that might soar to twenty times that on each side. 
Both sides are now in so deep, it's mostly the legal costs 
they're worried about. They want to win and collect the 
costs back from the loser. Stuff the $9000! Just save me 
from my lawyer's bills! 
If you win, how much do you pocket?
MOST OF the people who buy this book will be chasing sums 
that would put their cases in Magistrates' Court. County 
Court cases normally begin at $25,000, and Supreme Court 
cases at $100,000. (But complex cases for smaller amounts 
can sometimes be started in the higher courts.) 
So-o-o, let's say you win your Magistrates' Court case. You 
know the debtor has the money, because you checked before 
you started all this. Say he owes you $6000. And you have a 
bill from your lawyer for $3000. Question: how much of your 
$3000 lawyer's bill can you recover from the debtor? The 
hedged answer is: it depends how complex the proceedings 
were. If they were a lot more complex than the court scale 
allows for, then you'll have to pay a big whack of your 
lawyer's bill yourself. 
Averaging over a lot of cases, the winner will recover about 
two-thirds of his lawyer's bill. So if you are facing a 
lawyer's bill of $3000, the loser will have to pay perhaps 
$2000 of this. 
Result: of the original $6000 owed to you by the debtor, you 
actually pocket $5000  ( $6000 he pays you because he lost, 
plus $2000 of your lawyer's costs he pays you, less $3000 
you have to pay your lawyer). 
In a more complex case, you might only be able to recover 
$1500 towards your lawyer's bill from the debtor, or even 
only $1000. Down  go your final takings. 
No matter what, you'll end up a bit out of pocket. (Not to 
mention the time it's taken you.) You may win by default, 
before trial. But even if it doesn't  go to trial, you still 
have to pay your lawyer. At different stages, the court may 
award you costs for this or that. But add them all up, and 
it won't cover what you owe your lawyer. 
With arithmetic like this, you can see why your lawyer 
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