Posted by
Rob777
18 yrs ago
Just wondering if anyone has any experience with the small claims court in Hong Kong.
How complicated is it to bring a case, what are the costs involved and most importantly how binding / enforceable are the decisions.
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I have taken two cases to the Small Claims Tribunal. The process is simple and cheap. You don't need a solicitor so you don't have to fork out his/her fees.
There is plenty of information at the link below, including charges and procedure.
Should you "win", you obviously won't get an claim paid if the Court cannot find the person/company to serve it with the claim. Also you won't get anything if the person/company does not have the funds to settle the claim. If settlement is not paid but neither of two above conditions exist then you call in the baliffs, so to speak, by a Writ of Fieri Facias.
http://www.judiciary.gov.hk/en/crt_services/pphlt/html/sc.htm#1
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Karl
18 yrs ago
I have just filed a small claim, and wonder if any of you have experience or knowledge on these points:
1) if you lose, what sort of expenses for the defendant can be awarded against you? What if the defendant has consulted an expensive lawyer for advice? Can he claim say $10,000 from you?
2) If you win and the defendant has money in the bank but refuses to pay, can the Tribunal force him to pay?
3) If you win and the defendant owns a flat but refuses to pay, can you get a lien against the flat?
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wondering once you filed a claim, how soon will you get a first hearing?
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that is theft if you just take stuff!
The SC is effective in that it gives you a judgment, enforcement is another matter. It also gives you a provable debt and the basis of other proceedings. Yes it all costs money but most of it small. f the guy hads propewrty etc then the use of the bailliffs is recomended as the deposit is refunded - the deposit covers even attendance of a watchman on property before sequestration and is refuundanble. The easiest thing to do is use a good debt collector from the outset. Again deposit paid but as long as the guy has money I know a company that has a pretty successful collection rate.
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bing2
16 yrs ago
why dont you negotiate? maybe $5000 is more acceptable for you?
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