How to Know How Much to Sue For in Small Claims Court

Are you having problems collecting on a debt and now you have no choice but to sue? Do you know how much to sue for or how much you will be allowed to sue for in court? Or, are you being sued for a debt that doubled when it became a claim? Here are some pointers to follow that will help you know how much you can sue for in Small Claims Court.

Instructions

Difficulty: Moderate

1. Go to the courthouse and get an information package for litigants on court procedures and rules, and then read it over carefully.
2. This information will set out the maximum amount that you can sue for in the Small Claims Court. If the amount is, for example, $10,000.00, that means that you can sue for up to and including $10,000.00 on the debt owing to you.
3. Your claim can include the actual amount of money owed to you, as well as any loss of income caused by the situation of the debt: if you buy a car and it breaks down on the way to work – beside suing for the damages of the car, you can include the income you lost from being off work because you had no transportation to get there (provided you can prove that you were forced to be off work because of it).
4. If you realize that the amount of the debt owing to you is greater than the allowable maximum of the Small Claims Court, there are three options open to you: 1) take a loss and cut back the amount you’re suing for to the allowable maximum of the Small Claims Court, 2) take your matter to a higher court which will allow a much larger claim or 3) settle.
5. Get legal advice on your matter and find out how much you can properly claim: if you bought a car for $2000.00 and had to put in a new engine for $1500.00 – can you sue for $10,000?
6. If you win your claim, you can add the costs of your court litigation to the amount you were awarded: the cost to file the claim, cost to set the matter down for trial, a percentage of your legal fees if any. So, if you are suing for $10,000.00, then these costs will be added to the judgment on top of your award.

Tips & Warnings

• Whatever the amount is that you decide to sue for, make sure you have documented evidence or a reliable witness to support that claim.
• The mandate of Small Claims Court is to give a financial restitution to a party that is owed money. It does not freely award punitive damages unless it is proved that the issue at hand caused the party undue stress.
• The cost of going to trial in Small Claims Court is considerably less than in the higher civil courts where all parties require legal counsel, which can be very costly. Take advantage of the few minutes of free legal advice as suggested in your information package, and learn the best way to claim on the debt owed to you.