Dr. Ted has really done it. In clearly written, witty and energetic prose, he has given us a powerful every-person’s-guide to the procedures of Small Claims Court. Small Claims Court was created to provide an easily-accessible, inexpensive forum for the resolution of money claims. Most of us encounter these problems once or twice in our lives, if that. Professionals and small business owners, subject to the whims of recalcitrant patients, clients and customers, tend to accept a certain number of "bad debts" as a cost of doing business.
Dr. Ted says, if you provide appropriate services or sell suitable merchandise, you are entitled to be paid. And now you can improve the odds in favor of your getting paid by utilizing his methods: (i) preventative account management, (ii) mastery of the simple procedures of the Small Claims Court, and (iii) overcoming your apprehension of the potential confrontation with your debtor. Dr. Ted also shows you, step-by-step, what the paperwork looks like and how to prepare yourself substantively and psychologically for the challenge. Equally important he guides you through the process of converting your judgment into cash, with numerous practical suggestions -- for example, when to use a specialist in asset location and how to get an early settlement.
If a virtuous tone creeps into Dr. Ted’s "scenarios" from time to time, it’s because Ted has by now pretty much seen it all -- and has succeeded. He wants you to learn the ropes and he is willing to share his extensive experience. This book will put you in Ted’s shoes and help you achieve his "win and collect rate," once you have followed his training tips. Ted tells you that endurance and know-how make you a winner.
One wonders to what extent Small Claims Court has lived up to the expectations of its early supporters. I suspect that its use has been less than predicted, however its very existence may nudge disputants toward settlement. It is therefore tempting to speculate whether wide-spread dissemination of Ted’s guide may itself further alter the landscape: Won’t adverse parties be more likely to resolve their differences by negotiation rather than resort to the Court if both of them read Ted’s book? I believe so, and I would urge everyone to have a copy on their bookshelf -- just in case.
Ted has written from the perspective of his own profession -- he is a dedicated practitioner at the leading edge of innovative orthodontia. This manual will particularly resonate with other health care providers, big and small. Its techniques are easily adapted to the practice of other professionals and service providers who routinely carry clients and customers for fee amounts up to the Small Claims Court limit of $3,000. And the same is true for retailers, businesspersons and trades-people who extend credit to their customers for goods sold or while a job is being done (i.e. roofers, plumbers).
On the other hand, the guide is equally useful to the individual who feels he or she has been poorly treated and should have something coming back -- because of, for example, shoddy merchandise, failure to meet specification, default by a borrower, physical injury or property damage. Dr. Ted’s tips for spotting troubled patient or customer accounts wouldn’t apply here, of course, but the principles and procedures are the same as far as using the Small Claims Court and collecting on a judgment.
Why do it yourself, rather than go to a collection service or collection attorneys? Ted’s answer is straightforward: your claim is grist to their mill and may not receive the specific attention it needs, especially once a counterclaim is put in. On the other hand, if a shake of the tree is all that is needed to get the apple down, you can do that yourself and save the collection fee. But you have to be willing to spend a little time to prepare for the twists that sometimes make the going more difficult.
I was flattered and my curiosity piqued when Dr. Ted asked me to read his manuscript critically and provide a foreword. I don’t have specific credentials as a litigator. However, as a law firm partner with thirty years of a diverse law practice in New York City, I have heard many individuals express their questions and concerns about seeking redress before our courts. For small claims, I would recommend Dr. Ted’s book to all of them. In fact, every lawyer should have a supply of "Small Claims Court" to give to his clients -- he will gain their boundless gratitude.
Here is a guide that is easily understood by ordinary people in all walks of life. It will make you more certain about the outcome of "your day in court", and help you put the money you earned or are owed where it belongs -- in your pocket.
Brooklyn,NY
September, 1997