which court?

Question

In california
I plan to sue x, thiink I can prove both False Resresentation and Willful and Malicious Injury - for about $5000
I suspect he will bankrupt and want my judgment to survive bankruptcy
Can I use Small Claims court to do this - ie get a judgment with causes of action that will survice bankruptcy or do I need to use limited jurisdiction Superior Court?

typo = meant survive bankruptcy

I have provable details regarding the damages

Regarding intent - beauty is as beauty does - and I have a list of about 50 circumstances - starting with his listing his mother as his spouse on the rental application - such as smashing 10 doors - sucxh as tearing out all the wallpaper downstairs in conflict with the rules of the lease = such as hiding that the hot water had been condemned because he did not want me to see his waste - such as tearing out a $600 windoiw treatment - such as a coincidental fire that just happened when I was about to get him evicted- when they just happened to lock the front door so the fire dept had to break into the house - and on and on
He will not bankrupt over this - but I believe this is the straw that will break the camels back. I believe his wages are already attachged, I have a $3500 judgment against him already from UD court.

The two items I list above at the top are - of course - taken from the list in the US Bankruptcy Code - iitems 2 and 6.

Answer 1

You better have hard and solid proof of your damages, not just estimates or guesses. It it's only $5k, use small claims. It doesn't involve attorneys, discovery, depositions, interrogatories, etc. You better be able to prove your loss though, beyond any doubt or wavering. Someone is not going to file bankruptcy over a $5000 judgment. A court probably wouldn't let him anyway. First of all, make sure this isn't just an emotional thing for you. You may be hurt, but is it worth it to draw it out in a court case that you may not win? Charges like you proffer are very hard to prove.

Answer 2

The minimum jurisdiction of the Superior Court, limited civil case, is in excess of $5,000 I believe, so you would have to file in small claims court. If there is no bankruptcy filing it is a non-issue until bankruptcy if filed. If she does declare bankruptcy, there is nothing you can do except get in line behind the other judgment creditors once you obtain a judgment.

Answer 3

It would be superior court but have to prove the things necessary to avoid bankruptcy

Answer 4

The court doesn't matter. They type of damages you are claiming are dischargeable in bankruptcy, so your judgment will be unenforcable no matter which court it comes from.