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Asked in TX May 19, 2022 ,  0 answers Visitors: 5
I have filed a small claims case and it has been sent to mediation. I have a signed promissory note agreement by the defendant that states that she owes the money. What is mediation going to do for me?
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2 Answers

Anonymous
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Posted on / Oct. 21, 2012 11:06:00

I agree with the other attorney's answer.

I would hire a lawyer to represent you - even in a small claims case.

The judges use mediation to resolve cases so that they are able to handle their huge caseloads.

As an attorney that now only has a mediation practice in family law, I encourage people to attend mediation instead of going before a judge whenever possible.

On the face of the lawsuit, you have a good case because you have a signed promissory note. However, as the other attorney pointed out, you still have to collect the money owed. If the woman has no money, then you could still "win" but you won't get your money - you get a piece of paper called a "judgment" that you have to then try to turn into an asset. I've seen lots of people have a judgment but never be able to collect on the judgment. For example, I personally have a judgment against a man but I've never been able to collect on it & I'm an attorney!

Anonymous
Reply

Posted on / Oct. 21, 2012 11:06:00

I agree with the other attorney's answer.

I would hire a lawyer to represent you - even in a small claims case.

The judges use mediation to resolve cases so that they are able to handle their huge caseloads.

As an attorney that now only has a mediation practice in family law, I encourage people to attend mediation instead of going before a judge whenever possible.

On the face of the lawsuit, you have a good case because you have a signed promissory note. However, as the other attorney pointed out, you still have to collect the money owed. If the woman has no money, then you could still "win" but you won't get your money - you get a piece of paper called a "judgment" that you have to then try to turn into an asset. I've seen lots of people have a judgment but never be able to collect on the judgment. For example, I personally have a judgment against a man but I've never been able to collect on it & I'm an attorney!

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