Small claims trial
If the parties cannot settle their disagreements at the settlement
conference, they go to trial. In a case dealing with a request to
examine a condo records should be pretty straightforward.
I strongly suggest that prior to the trial date, you consult with
experienced lawyer who specializes in condominium law. The lawyer does
not have to present the case for you at the trial but he or she should
review your case and look over your arguments.
I would not hire a paralegal. Before I started my small claims case, I
looked up paralegals on the Internet and telephoned one asking how much
she would charge to handle my case. She said that she would charge
$4,000 if it went all the way to trial but most cases get resolved at
the settlement conference. Her estimated fees shocked me. At those
prices, you can get a real lawyer.
I took my case up to the settlement conference for a total of $100
tops. Of course I was lucky as an experienced condo law lawyer looked
over my case and signed my affidavit for free. Even if he charged me a
couple hundred dollars, the $500 I would collect from the condo would
still give me a healthy profit. (Although I would have included the legal fees in with my claim.)
A word of
Do not be hot-headed when starting a small claims case. As I stated
above, have an experienced condominium lawyer review your facts and
arguments. If you lose your case and the judge finds that your case was
without merit, depending on your condo's by-laws, you may be liable to
pay the condo corporation's full
information on this chapter is to be used only as guide and is not
intended to be taken or understood to be legal advice. For legal
advice, consult a lawyer that is experienced in condominium law.