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Can a plaintiff sue for pain and suffering in a small claims court?
Wiki User
∙ 11y ago
Can I sue in small claims court (the one that I sue up to $25,000) for punitive damages and pain and suffering in New York City?
All answers can be e-mail at my e-mail address: benharris129.bh@gmail.com
thanks
Ben
Wiki User
∙ 11y ago
Wiki User
∙ 10y agoNo. Small claims courts are for what their name implies - for collecting "small claims," usually considered in many (all?) states to be of tangible monetary value less than $5,000. If you were to wish to pursue a claim for intangible damages it would have to filed in civil court, but not on the Small Claims docket.
Wiki User
∙ 11y agoAs long as it meets the requirements for the court. Most claims of this sort are too large to be in a small claims court.
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Who pays court fees in small claims court?
The plaintiff does when they file a claim. These charges can be recovered if the plaintiff wins his case.
When the attorney for the plaintiff does not show up in a small claims court is the case dismissed?
It is not required to have an attorney present at a small claims hearing.
How long does a person have in small claims court to pay the judgment for the plaintiff?
10 YEARS
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
How you can appeal as a plaintiff after judgment in small court?
File an appeal with the clerk of court. Im most states you only have 5 days to appeal Small Claims court decision, which ultimately will go to higher court.
Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?
The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).
Who decides if civil or small claims?
The plaintiff decides. However, there are two main exceptions: If it is over $5000, it must be tried in county court. And, if the Defendant wishes, he or she may remove the case from Small Claims court to county or district court where he or she may be represented by an attorney. Be careful, if you file in small claims court and it is removed, you will lose the right to trial by jury.
Can a small claim charge be made in court without you knowing it?
No, if you are the party who is being sued the plaintiff must serve you with notice. Generally, with small claims court actions you will be notified by the court of the time and date of the hearing.
What is the least amount you can sue for in small claims court in California?
From what I know you can't sue for emotional distress in small claims court period. However, you can request pain & suffering along with the medical bills you want paid.
How do you write a Small Claims Court motion to reconsider the verdict?
I am a plaintiff in a Small Claims Court case in Lakeland, Florida. The judge decided against me even though the only evidence was in my favor. I was told to file a motion to reconsider the verdict. What do you say? I do not know anything about motions.
Can you sue in small claims court in another state?
No. The small claims court works locally.
