suing ca

Discussion in 'Credit Talk' started by tnobles, Oct 1, 2002.

  1. tnobles

    tnobles Well-Known Member

    If you were to going to sue a ca on 3 violations $3000, but small claims max is $2500 can you sue for the $2500 or would it have to be 2k? I know it is a stupid question but I am not sure of the answer. Thanx.
     
  2. Butch

    Butch Well-Known Member

    No it's not a stupid question.

    I've never had to sue (in small claims that is) but I do believe I would include every violation you have.

    Line them ALL up and make your total and sue for that amt. Knowing that the MAX you may get is $2500.

    The reason I'd do it that way is because if you lose on one of your violations you'll have the others to fall back on.

    Suppose you sue for 15 violations ($15,000) and only win one of your points ($1,000).

    I'm curious about this one too.

    :)
     
  3. LKH

    LKH Well-Known Member

    I don't think that will fly. You can certainly list all the violations, but if small claims limit is $2500, that is the most you can ask for. If you try to ask for more, they will most likely not eve issue the summons.
     
  4. herauntsis

    herauntsis Well-Known Member

    Check your state laws -- you might be able to sue them separately for each violation.
     
  5. tnobles

    tnobles Well-Known Member

    Thank ya'll so much for your quick responses, I am trying to get this all ready to send out and of all the things in the world, I just ran out of paper, I guess I will have to finish it tommorrow.
     
  6. Manequinne

    Manequinne Well-Known Member

    Hey,

    It's late, so don't laugh at what I am about to say.

    Can you sue them twice on different dates?

    I mean serve him then sue for 2000 the first time.

    Serve him later, then sue for 1000 the second time?

    I am sure by the time the 2nd trial/case rolls around, you will have more voilations?
     
  7. tnobles

    tnobles Well-Known Member

    My hope is there will not be a first trial, it is Midland Credit Management, do they fold easily?
     
  8. sassyinaz

    sassyinaz Well-Known Member

    It's my understanding the the monetary maximums are one of the fundamental jurisdiction of the court factors considered.

    Soooooooooo, if your court limit was $2,500 and you sued for $3,000, that would bump you up to the next level of court jurisdiction.

    Sassy
     

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