The collection agencies will show up in court for far less. The court fee's are paid by the party that loses(at least in MN, I'd assume this is universal). And the agent that shows up in court schedules dozens of cases in a day. They go back to back to back until the case load is done. Part of the cost of doing business. I would be awfully surprised if a collection agency with a legitimate claim would just give up. This is their job afterall.
You may want to check your credit to make sure there isnt an outstanding judgement against you waiting to be served
That hasn't been my experience. Like I said earlier, this isn't something I make a habit of so I'm willing to admit that maybe I've been the exception but I don't really believe that.
As far as court costs, the American Rule is that each party pays their own costs and fees. I know that's the rule in NJ. Some states may have modified that rule for certain types of cases but I don't know. There are public policy reasons for doing it this way. Specifically, if a person suing has to try to predict the outcome of a case and be virtually certain of success, then far fewer suits will be filed.
That may seem like a good thing until you realize that new law is often made by courts deciding unique cases. It would also have a chilling effect on the exercising of one's legal rights. So it may well be unconstitutional to impose such a rule.
In my state, the only time you can make a motion for fees and expenses is in cases that are clearly frivolous and verge on abuse of process. I'd be very surprised if that isn't the general rule everywhere with perhaps some exceptions.
If you're in UK though, then you're right. The losing party pays.
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