I am an accountant in America. I have a client for whom I did work and he refuses to pay me for the work. He is a non-frum Jew. But instead of speaking with me about it, he ignores every one of my phone calls, emails and attempts at discussion. He owes me a fairly significant amount of money and, since I cannot contact him whatsoever, I want to know if I would be able to take him to a secular court (small claims court) and present my argument in front of the secular judge. Ordinarily, I would be happy to settle this in a beis din, but as the client will not return any messages or respond to me at all, it will most definitely be waste of time to do a hazmana l’din. He most certainly will not respond or show up. May I summon him straight to the secular courts? Thank you for your attention to this matter. Tizke l’mitzvos!
Answer:
You should first summon him to Beis Din, which is easily done by filing a suit against him at a Beis Din.
If he doesn’t show up, as you assume, the Beis Din will summon him again, and after the third time they will give you permission to take him to court. One should not (generally) go to court without receiving prior permission from a Beis Din.
This entire procedure can be completed in the space of a couple of weeks.
Best wishes.
