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Tumbler
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Taking CM to court
Mar 16th, 2021 at 9:19am
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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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Xxxx
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Re: Taking CM to court
Reply #1 - Mar 17th, 2021 at 12:24am
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From the small claim website itself :
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(2) Will I get my money?

Even if you obtain judgment in your favour, there is no guarantee that you will get your money back eventually.

If the defendant refuses to comply with the judgment, you will have to take enforcement action which will incur further costs.

If the defendant is financially unsound, e.g. unemployed, bankrupt or in liquidation, you may not be able to get your money back.

(3) What are the expenses?

You will have to pay various fees to the Tribunal at various stages of the case. Please approach the Tribunal Registry or the Information Centre or browse into the Judiciary's website for details.

You may have to incur costs for travelling, taking days-off and hiring experts witnesses, e.g. doctor, surveyor or mechanic, to prepare expert reports and to testify in court.

The party who wins the case may be able to recover the above expenses.


https://www.judiciary.hk/en/court_services_facilities/sc.html#2
  
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Poka
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Re: Taking CM to court
Reply #2 - Mar 17th, 2021 at 6:30am
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Tumbler wrote on Mar 16th, 2021 at 9:19am:
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.


If the one you wish to take to court does not have the money then it is a waste of time as small claim court verdict is not enforceable and you still need to go to court afterwards anyway
  
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Xxxx
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Re: Taking CM to court
Reply #3 - Mar 18th, 2021 at 12:48am
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Sure it's enforceable, this is not a mediation, I believe like any tribunal in HK it's always the winning party's job to have it enforced, it cost resources to do so.
  
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