No, you're missing the point. Cotton has counsel, believe it. Small Claims is the wrong forum for this type of action, it is too complex; would require discovery, depositions, forensic accounting, etc. Cotton would file to remove the case from small claims (not to mention you cannot just decide which state to sue him, it's the state where the tort took place, another reason Small Claims is wrong venue). Anyway, the attorney fees he incurs would be in your lap if you lost the case or it was dismissed; so he will not worry about attorney fees especially if you are trying to do this on your own. It's all a nice thought but reality is that when you file court paperwork you need to be ready for the other side to push back real tough. If you are not ready, you will find yourself with a serious legal bill with the other guy having all the authority he needs to collect it pronto.
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