When you hire U-SUE, as your Agent we can claim back what is known as “Party to Party Costs”. The courts know that we charged a fee for our service therefore will grant costs to offset your costs. Costs that are awarded back in court are usually calculated on a percentage basis between 5 – 10% of the Judgment amount – for each 1/2 day of trial. These “party to party” costs are determined by the Judge. Sometimes the Judge awards costs that are higher than what you paid U-SUE!
Our success rate is very high as we take on only those cases that we believe the chances of winning are great.
Our best clients are those that have done a Small Claims Court action themselves in past or with the use of a lawyer.
Before you initiate a court action yourself without the use of an agent or a lawyer, do take in consideration that time is valuable and more likely best spent doing what you do, and allow us to do what we do.
Lawyers charge by the hour so you have no idea what it will cost, and because the amounts claimed are $50,000.00 or under it usually is not a cost efficient option. (In fact, some lawyers even use U-SUE to sue on their behalf for debts owed to them – lawyers also refer people / companies to us)
If the debt is $60,000, it may be better to “write off” $10,000 (this is called “abandonment”) to keep it in Small Claims Court. You would most likely spend that much or even more in legal costs suing in Court of Queen’s Bench. This is the alternative court. As U-SUE is not a law firm and have no lawyers on staff, we can not appear in Court of Queens Bench.
However, if there are a number of invoices when added up that exceed the $50,000, it may be possible to file a claim by combining the invoices up to the $50,000 limit and sue on the remaining invoices in another claim. The invoices would have to be separate services. For example, you might be a painter and you painted a house for a contractor and invoiced $ 30,000. Then you paint another house for $30,000. These are 2 separate matters and most likely could be sued in 2 separate actions but at the same time. U-SUE can help you make that determination.
Alternatively, an application can be made to seek a “Substitutional Order” from the Court allowing U-SUE to serve the claim upon the Defendant by other means. For example, placing an advertisement in the Legal Notice section of the newspaper, by email or services like Facebook.
However, as indicated above we are limited in skip tracing techniques and tools. We are not a professional skip tracing facility. There are companies that specialize in this area. Should our attempts of locating the Defendant be unsuccessful, the client is provided the option of engaging a skip tracing / private investigation company we recommend.
Or if you prefer – simply call or text the agent you wish to speak with.