legal · 2026-05-01
Decide whether to pursue a small claims judgment by computing expected net recovery — judgment likelihood, collectibility rate, and time cost.
| Amount owed | $4,500 |
| Likelihood of winning | 70% |
| Collectibility % | 35% |
| Filing + service | $100 |
| Your hours of time | 12 |
| Your hourly opportunity cost | $75 |
| Expected gross recovery | $1,103 |
| Total cost (fees + time) | $1,000 |
| Min collection rate to break even | 31.7% |
A small-claims judgment is a piece of paper. Collecting on it is a separate fight — and the win-rate is brutal. National average: 35% of money judgments are ever fully collected. The small-claims pursuit ROI depends on three multiplied probabilities that compound to <40% expected gross even on slam-dunk cases.
expected gross = amount × P(win) × P(collect)
expected net = expected gross − filing fees − (your hours × opportunity cost)
Free signals: LinkedIn employment, business filings (state Sec of State), property records (county assessor — often free online). Paid signals: $25-50 background check at TLO/IRBSearch via an attorney friend. If they have W-2 income or owned real estate in the last 5 years, you're probably collectible.
You win by default — but only if you serve them properly. Default judgment is the easy part; collecting is still the hard part. Default judgments are also more easily set aside if the defendant later claims improper service, so document everything (sheriff service, certified mail return).
Yes, and you should always start there. A demand letter referencing 'small claims action' on attorney letterhead resolves 30-50% of legitimate disputes without filing. Cost: $150-300 for an attorney letter; or $0 if you write your own. Always demand-letter before filing.