If $38,750 is going to make or break you, then you probably need to re-examine your financial position. But really it boils down to the risk/reward. Sue, and maybe you win, maybe you lose -- it still costs you money. You won't get a "clean" $38,750 in any case. Even with treble damages, it's only $116,250. After tax, figure $80,000 or so. $30,000 in attorney fees, you MIGHT clear $50,000 .... and that's a BIG if that you'd be granted the treble damages (although with the libel he's added about head injuries, medication, etc, it isn't that far fetched). So, worst case, you clear $10,000. Best case, you clear $50,000. If that's worth YEARS of litigation, travel, and headaches to you ... then I'm sorry to hear that.
And remember: you might lose, and be OUT even MORE money.
"Worth it" suits begin in the six-figure range. I didn't go after Playboy for $60,000 slam-dunk open-and-shut, so I'm certainly not going after GTS for $38,750. Five-figure suits are hard to even find attorneys willing to pursue them. Write it off as bad debt on your taxes and move on. Speaking of taxes, I estimated my taxes for that year, and included the money GTS was supposed to pay, so I guess I got hurt twice on that money.
Now, if you're saying $38k is sitting on the sidewalk, I'd tell you that anyone would bend over and pick it up .. that's common sense. But people toss around "I'LL SUE YOU" over $200 on GFY; it's just ridiculous sometimes.
