Doesen't there have to be proof of the full amount?
example... being sued for $3000 but they only spent $730
2006-10-11 11:49:28 · 13 answers · asked by zellori 1 in Politics & Government ➔ Law & Ethics
You can only recover your out of pocket expenses or actual damages that you incurred in Small Claims Court.
2006-10-11 11:51:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A person can sue for any amount they see fit. The judgment however, is based on what can be proven, and what principles of law apply to your case.
While receipts are very usefull for establishing amounts, certain monetary awards can be given at the Judge's discretion to compensate for pain and suffering, punitive damages, etc.
So it is possible for someone who lost $730 to sue for $3000 if the case also involves other damages.
2006-10-11 18:58:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They usually don't give money for lost wages unless the person suing lost money because of the person they are suing. If they are suing because "Hey, I lost a day of work because I had to go to court" that's too bad. You don't get money for that.
A lot of times people sue for the max but rarely get it. They just try to get as much money as they can. The judge can only give what is proven. Nothing more
2006-10-11 19:11:57 · answer #3 · answered by musicpanther67 5 · 0⤊ 0⤋
It is difficult to prove "pain and suffering" in small claims court unless you can prove HOW it affected your ability to make money. Just missing work because you had to go to court does not count.
In small claims you have to be prepared to show reciepts for everything that you are out. If you have Dr. bills, bring them with you. If you have repair bills, bring them. If you have estimates for damages bring them...other than that, there is not much chance of getting anything else.
2006-10-11 19:00:34 · answer #4 · answered by Oblivia 5 · 0⤊ 0⤋
Associated costs and damages. They can make that case to the judge. It is often approved too - as a warning to those that know they owed money and were in the wrong not to let it get to a court settlement.
2006-10-11 18:56:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can sue for any amount that you can prove. Receipts are pretty good proof, but other evidence may be probative as well.
2006-10-11 18:51:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You can sue for any amount up to the limits to quality for the
case being heard in small claims court...
2006-10-11 18:51:37 · answer #7 · answered by Anonymous · 0⤊ 0⤋
They'll have to prove the $3K.
They're trying to get more, but the judge will only award what's fair.
It's like sellng something, you want $700, but put it out there for $900, and will leave room for people to haggle you down.
2006-10-11 18:59:18 · answer #8 · answered by Mazz 5 · 0⤊ 0⤋
In small claims they use "preponderance of evidence" which means the judge just rules what he/she thinks is most likely to be true, and really doesn't need proof.
2006-10-11 18:52:45 · answer #9 · answered by martin h 6 · 0⤊ 0⤋
You can sue for whatever you want. You will probably get no more than you actually lost. But you have to prove it.
2006-10-11 18:51:02 · answer #10 · answered by gc27858 4 · 0⤊ 0⤋