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KY Alternatives to Small Claims Court

Were you involved in a fender bender and the other driver won't pay to have your car fixed? Is a former landlord blocking you from getting some personal belongings that you left behind when you moved, or is he refusing to refund your security deposit? These kinds of legal disputes can be handled by Kentucky small claims court. It's a court that's designed to be a fast, informal and inexpensive way for people to get their money or property.

Sometimes, though, people want their money or property but they don't want to file a lawsuit, not a small claims lawsuit. If you're one of these people, you should know that you have some alternatives to filing a lawsuit in small claims court, such as:

  • Personal negotiation
  • Mediation
  • Arbitration

Any one of these tactics may help you get your money or property without having to step foot into a courtroom.

Personal Negotiation

Personal negotiation should be your first step, even if you're prepared to file a small claims lawsuit. All this involves is a simple phone call to the person who owes you money or has your property (he'd be called the "defendant" if you filed a lawsuit against him) asking that he pay you or turn over the property to you. Be polite and cordial. Maybe you can work out an agreement that benefits everyone.

If your first attempts don't work, then consider writing a demand letter. It's exactly what it sounds like: A letter demanding that the other person pay you within a specific period of time, such as 15 or 30 days. To be effective, the letter should:

  • Briefly explain why you think the other person owes you money, or why the property you want really belongs to you
  • State exactly how much money you're demanding or what property you want
  • Clearly state that you intend to take legal action, including filing a lawsuit in small claims court, if you're not paid within 15 or 30 days, or whatever reasonable period of time you decide to give him

You should try to send the letter by certified mail, return receipt requested. It's a bit more expensive than regular mail, but it requires the other person to sign for the letter when it's delivered to him. After it's delivered, you'll get the return receipt. Make sure you keep it, together with a copy of your letter, so that, if necessary, you can prove later that the letter was in fact delivered.

Mediation

Mediation is an informal meeting between you, the other person, and a neutral third party, called a "mediator." Most of the time you'll meet together, but sometimes you and the other person will meet separately with the mediator. The mediator's job is to help you both reach an agreement. She can suggest different options to help you reach that agreement, and she may even suggest a particular settlement agreement, but she can't force or order either of you to do anything.

In most instances, mediation will be offered at no or little cost to you or the other person. Depending on everyone's willingness to negotiate and compromise, it can lead to a very quick settlement of your claim that makes everyone happy.

The courts like mediation, mainly because it saves time and helps clear the courts' busy schedules. In fact, in some Kentucky small claims courts, when you show up to file a lawsuit you'll be asked to mediate your claim before you actually file it. In other small claims courts, the judge will ask you and the defendant if you'd like to mediate your claim. If either of you refuses to mediate, or if you both try to mediate but can't reach a settlement, only then will the case go to trial before a judge. If you reach an agreement, it will be sent to the judge for approval, and if approved, it becomes legally enforceable.

Some Rules to Know

There are some things to keep in mind about mediation, such as:

  • Unless an agreement is approved by a court, it's not binding, meaning that, even if you and the other person reach an agreement, the mediator can't enforce it. So, if the other person later breaks or "breaches" the agreement, you may need to start the whole process over again (personal negotiation, writing a demand letter, filing a lawsuit, etc.)
  • The mediator can't provide legal or personal advice. She can only suggest possible ways to settle the matter and help you both make sure that you reach an agreement that's good for you both
  • You and the other person make the terms of the agreement, not the mediator. The mediator only writes down or documents what you've agreed to
  • The mediator doesn't make a "decision" in the case like a judge would in the small claims court. That is, she doesn't decide who "won." Rather, she merely helps you reach an agreement'
  • At any time, either party can withdraw from mediation
  • If you don't reach an agreement through mediation you can still file a lawsuit in small claims court. In other words, you don't waive your right to file suit simply because you agree to mediation. This is true for the other person, too, if he has a "counterclaim" against you, that is, he claims that you owe him money
  • Attorneys are usually not present during mediation. You can, however, hire an attorney to advise you about your claim, if you'd like

Arbitration

Arbitration is very similar to mediation. Here, a neutral third party, called an arbitrator, listens to both sides of the story, just like a mediator does, in the hopes of helping you reach an agreement. However, there are some important differences between arbitration and mediation:

  • If you and the defendant can't reach an agreement, the arbitrator will make a decision in the case, that is, decide if you're going to get paid and how much
  • The arbitrator's decision is binding, unless you and the defendant agree beforehand that it isn't binding. This means that it can be enforced by the arbitrator and, if necessary, the courts, if you or the defendant don't follow the decision
  • After going through arbitration, you can't file a lawsuit in a Kentucky small claims court
  • Arbitration can be expensive. An arbitrator may charge over $125 for a four-hour block of time to listen to and decide your case

As with mediation, you and the other person have to agree to arbitration. However, you both also have to agree on the arbitrator. The clerk of the circuit court for your county may have a list of arbitrators that you may contact. Or, you can contact the American Arbitration Association for a list of arbitrators in your area.

Questions for Your Attorney

  • I can't get the defendant to answer my phone calls or letters. Is there any benefit to offering to mediate?
  • The defendant agreed to mediate my claim, but now he won't meet with or talk to the mediator. What should I do now?
  • How much will you charge me to file a lawsuit and represent me in small claims court? Would a lawsuit and the court fees cost me less than an arbitrator?
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