Im sueing for back rent that my tenant has not paid me for 4 months now! tomorrow is the eviction court but i doubt that the judge will make a decision about the money owed to me, so i want to sue her for all the rent that she has not paid. Which court do i file with? this is in the state of RI also.
2007-02-06 02:05:25 · 5 answers · asked by juand731 1 in Politics & Government ➔ Law & Ethics
Each state has a different level of maximum relief obtainable in small claims court (some states, I believe, it's as high as $7500)--check with an attorney or the clerk of court to see if it's recoverable. Alternatively, if your state's small claims court has a jurisdictional limit of $5,000 or so, you could just seek the maximum, rather than having to file an action in the court of general jurisdiction (which may be called circuit court, district court, county court or something similar in RI).
In addition, the judge that's hearing the unlawful detainer action may have jurisdiction to award back rent. You could ask the Court when you're there for the hearing.
Finally, consult a RI attorney; she will know the proceedure and whether it's economically viable for you to file an action in the court of general jurisdiction for $5500 (probably not -- the filing fee alone may be $250 or more, plus attorney time of $200 per hour or more... although there usually is a way for you to do this yourself for much less).
2007-02-06 02:13:59 · answer #1 · answered by Perdendosi 7 · 0⤊ 1⤋
Rhode Island allows up to $2,500 in small claims court. You don't need an attorney for small claims.
http://www.courts.state.ri.us/district/smallclaims.htm
For higher amounts you'll need to go to District Court where you will need an attorney.
This might be hard to swallow, but before you start spending money on an attorney to sue in District Court, you should think about whether or not you can collect the judgment from the tenant. Unless this person has a good job, and you know it for a fact, you're probably wasting more time and money going after her.
2007-02-06 02:25:20 · answer #2 · answered by Yak Rider 7 · 0⤊ 1⤋
Depending on the limit in your area, it could be small claims, but would probably qualify as a civil suit. Check with your local clerk of courts, they would know for sure.
And even if a judgment is made against her, it is up to you to collect; the courts do not act as collection agents.
2007-02-06 03:12:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
document a plaintiffs action of dismissal with the court docket. no longer constructive about the legal professionals costs. i ought to wager that if the decide approves the action for mismissal (which they frequently do if the plaintiff requests it), then any moves or funds linked with the case should be brushed aside besides. besides, for the reason that no lawyer is needed in small claims courts, I dont imagine that lawyer costs are frequently granted or maybe an challenge. except for sure the court docket filing costs for the filing and next motions ought to nevertheless stand.
2016-11-02 11:43:08 · answer #4 · answered by ? 4 · 0⤊ 0⤋
go to the court house they will tell you the right answer about it...
2007-02-06 02:32:53 · answer #5 · answered by nena_en_austin 5 · 0⤊ 0⤋