It does not sound like we disagree on this. And if you want to close the case on discussion as to whether it should be that way, no problem.
If you want to believe otherwise that is fine.
Where in any of my comments do you find that I believe the system is as it should be? Seems this debate is now in bankruptcy. No problem, we've probably exhausted this topic anyhow. All the Best to you my friend! FReepRegards! BJN
How about this - I do collection work for contractors such as roofing, plumbing, etc. Some deadbeat homeowner or general contractor bounces a check or refuses to pay for services rendered for no valid reason. Now, either the plumber has to pay me hourly or by contingency just to get back what is owed. In 90% of the cases, even if the contract has language awarding attorney fees, courts and judges very rarely grant it to the winning plaintiff.
In all honesty, I try to avoid court and litigation as much possible since the system is so broken and slow, that it is not worth it to pursue a case if a decent offer is on the table.
It is a shame, but it is how things are. Clients get more upset at me when I urge them to take 85% on the dollar than they do at the deadbeat. They say - "its the principal that counts." This argument usually fails for one of two reasons, if not both:
1. The judge might not agree with their version of the "principal" and/or
2. They want the "pricipal" to be pursued on the back and dime of someone else.
You will get no argument from me that the court system is a mess. However, it is what is and you have to accept the reality of the system if you are going to do as good as possible.
Finally, I tell people all the time: Why do you assume the court system will be any better than the DMV or IRS office?