In less than 60 days you have filed your claim, served it, filed a return of service, attended court, made arguments, court has ruled in your favour, and you've extracted the decree in the #SmallClaimsCourt. But then the debtor tells you "I have no money". What next? 4 tips 🧵
1. Negotiate a payment plan. It's never great to receive a judgment award in bits, but it's far better than not to receive it at all. Formalize it through a formal agreement and incentivize early payment with a reducing balance interest clause in the agreement.
2. Accept less than the judgment as full payment. The easiest candidates to let go of are court awarded interest and costs, but you might also consider accepting a portion of the principal judgment if in your case a bird in hand is worth two in the bush.
3. Help the debtor find money. It could be an asset they forgot about or shares they have that they can liquidate, a refundable deposit being held somewhere or their own decree against someone, and you can even help them get a loan or a job. Win-Win.
4. Barter for goods or services. It's not a must that they settle the amount using cash. The debtor might have goods or services that you are in need of. You can agree to quantify and receive these in a way that satisfies the judgment debt.
Lastly, remember that as long as there are good faith negotiations, the goal of commercial/civil litigation is not to punish the debtor but to be compensated for legal injury. These tips can give you more tools in your arsenal at getting compensation for you or your clients.
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Our system of law has always been adversarial, which means judicial officers (JOs) mainly listen but do not investigate or examines witnesses. The #SmallClaimsCourt Act changes this by giving the adjudicators broad investigative powers. Are we creating a monster? A thread 🧵
Sections 19 and 32(4) of the SCC Act give the court wide inquisitorial powers which include summoning witnesses, requiring production of documents, researching on its own, and examining witnesses on anything they consider relevant to determine the suit.
In addition, Section 17 gives the adjudicator wide discretion on what procedures to adopt in determination of matters as long as those procedures abide by the principles of natural justice
Have you been sued in the #SmallClaimsCourt? Here is a short thread on my 100% full proof way to have the case thrown out of the SCC.
(🤫 don't tell everyone)
I'll start by saying (obviously) this is not legal advice, BUT here is a tactic that defense lawyers have used with great efficacy to have claims thrown out.
Just follow these 4 simple steps
1. Once you receive the claim, file a response denying and then ... here is the secret sauce... make a counter-claim for an amount of over KSh. 1m. The exact figure is not important, as long as you attach some "evidence" that the counterclaim has basis.
Could the Small Claims Courts be the reason insurance companies raised their premiums on motor vehicle insurance?
A short thread...
Over 8 months last year, the Small Claims Courts issued judgment of almost half a billion, of which 190 million was paid out in civil claims (mostly by insurance companies)
This came a huge shock to insurance companies who are used to having civil claims languish for an average of three years in the Magistrates Courts beforw judgment.
By December 31st 2021, I had filed or defended over 50 cases in the Small Claims Court 🧑⚖️
Here are my top 20 tips on how to be successful in this court.
A thread ✍️
1. Confirm that the court has jurisdiction before claiming or responding. Claims such as defamation, ownership/possession of land, employment, and malicious prosecution are excluded from Small Claims. S.13(5) SCCA kenyalaw.org:8181/exist/kenyalex…
2. Check that you are not time barred. Contract claims must be filed < 6 years after breach while civil claims must be filed < 3 years after the injury happened. But there can be exceptions in cases of disability, fraud, mistake or ignorance of material facts.