Can you motion a civil case for 5400.00 down to small claims?
2006-07-07 05:28:06 · 5 answers · asked by fabinnie 2 in Politics & Government ➔ Law & Ethics
As of Jan 1st small claims went up to 7500.00. The other guy has an attorney and I dont. The accident happened in snowy cond. and they both were coming around a corner of a mountain and hit the same drivers side fender but the guy has pics and is trying to say we were at fault.
2006-07-07 05:46:00 · update #1
The small claims limit is usually about $5000. If the plaintiff is asking $5400, it is possible that they knew that before filing and they are the ones that decide where a case will be filed and heard. Rather than answering the Summons and Complaint in Municipal or Superior Court, you can file a Motion for Summary Judgment and Dismissal based upon the value of the case being less than $5000 and therefore in the wrong jurisdiction. If a case is filed in the wrong forum or jurisdiction, it can be dismissed forcing the plaintiff to refile in the proper court.
You could also possibly file a Demurrer based upon the plaintiff having no real basis in fact to justify the case, if you believe that to be true.
Lastly, you can try to contact the plaintiff and negotiate down to the small claims court or simply work out a settlement and have the whole thing dismissed.
It is really in the plaintiff's hands and they will make the ultimate decision. If your motions are accepted by the court, then the plaintiff will have to tell why you should be ignored and the motions dismissed instead of his case.
Good luck.
2006-07-07 05:41:11 · answer #1 · answered by rac 7 · 1⤊ 0⤋
You can but it probably will be denied.
$5400 is way above the limit for Connecticut small claims---I don't know what it is in your state.
The plaintiff---those bringing suit---have to agree to the small claims process.
Consult a lawyer. Very often there is no fee for the first consultation.
2006-07-07 05:34:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
counter sue the sucker...but if you're not in small claims, please get an attorney, unless you're well spoken, confident and know how to address the court. Judges like to see that you are represented and have little patience for people "playing lawyer"
2006-07-07 05:51:35 · answer #3 · answered by iguana 4 · 0⤊ 0⤋
You have to check your state's small claims dollar amount limitation... ie, in my state, any lawsuit over $500 can't be fought in small claims court.
2006-07-07 05:35:46 · answer #4 · answered by BeachBum 7 · 0⤊ 0⤋
no
2006-07-07 05:30:49 · answer #5 · answered by idontkno 7 · 0⤊ 0⤋