Absolutely, so long as the amount in controversy doesn't exceed the small claims limit in your jurisdiction. If it does, off to regular court.
And the nice thing about small claims court, if you meet the maximum limit of course, is that large companies often are lazy about dealing with the claims. If you are smaller than them, judges will often grant you a judgement when the big company doesn't show. At that point, with a court judgement in hand, it is easier to get the carrier's attention. SLA disputes are usually handled in the sales department by people whose paycheck is at least partly determined by sales quotas. Paying you the SLA hurts their paycheck. But a court judgement is usually handled by the legal department whose paycheck is 100% salary plus bonus for performance, which in the case of a lawyer would have to do with settling cases so that they do minimum damage to the company. In the case of a small claims court judgement, it is cheaper for them to pay you than to dispute the judgement. Of course, if you understand the supplier's internal issues from the beginning, then you can usually escalate it to the right people to resolve the problem before it gets to court. For instance, sales management usually have the bonus/quota system rigged so that they can pay you your SLA but not get hurt in the paycheck. Don't bang your head against the wall. If the supplier doesn't deal with issues promptly, work your way through different people in the organization until you find someone who can act to fix the problem. --Michael Dillon
The other nice thing about small claims is that the judgment is just as "real" and enforceable as those from the big boy courts. About 10 or so years ago, we got into a dispute with a carrier where we co-lo'd some equipment. Went to small claims court, got a judgment of a few thousand dollars, didn't get paid.... So we went down on a Friday afternoon to the co-lo (this was in Toledo, so there was some interim step we had to do to make the judgment enforceable across state lines, but I don't recall what the step was), let ourselves and the sheriff in with our access code, and started unhooking some Cisco gear that belonged to the carrier. We had a check in about 2 hours. :-)
And the nice thing about small claims court, if you meet the maximum limit of course, is that large companies often are lazy about dealing with the claims. If you are smaller than them, judges will often grant you a judgment when the big company doesn't show. At that point, with a court judgment in hand, it is easier to get the carrier's attention.
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participants (2)
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Fox,Thomas
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michael.dillon@bt.com