There's no guarantee that I will get the money. And if I want my questions answered it will cost me money. Its a no win situation for small contractors only owed a few bucks. Taking the time to shop an attorney and all, you will lose more than what's owed if you get nothing. Or even if I get something, if its less than what I spent on legal fees I will have lost more. The only ones making money are the attorneys. I would guess I'm not the only individual in this situation.
This certainly stinks. If they will need your services in the future, I suppose you might have negotiating leverage. Otherwise, I'm afraid your assessment is largely correct. Not fair and not right.