Yes I'm not sure about this. It might be a local issue. In many countries though if you win you will have your legal costs covered along with the original funds returned. Otherwise, many would not pursue injustices. Of course, if you don't feel like you have a great chance of succeeding then the risks do become "Well, it'll cost us $100,000 to try and get the $50,000 back and we're not even sure we'll win" Then it might make sense to drop it but that is because your case isn't really rock solid.