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I was too nice to someone and loaned them and covered their rent payment until it built up to a little over $9000.00. This amount is too big for small claims court what do I do. Ive already sent a demand letter and have a letter from them stating they owe me the money.

2007-12-05 15:56:44 · 3 answers · asked by anitasdame 3 in Politics & Government Law & Ethics

3 answers

actually smalls claims court in Ca is 7,500. the regular court should be regular courts because there is Limited jurisdiction which is what you want or Unlimited jurisdiction And you can write in your complaint you want to recover your attorney fees. the Northern California courts allow you to recover costs. If you go to mediation to settle out of court you also can request to tax the borrower to pay for all cost brought on by the default.

2007-12-06 17:07:33 · answer #1 · answered by Beep B 5 · 1 0

Basically, you have two choices.

You can sue them in small claims court for $5,000, which is CA smal claims court limit, or you can sue them in 'regular' court for the full $9,000.

Unless your agreement with them "specifically" said that they'd be responsible for your lawyers fees if you sue them, you'll have to eat the lawyers fees, and regular court is tricky enough that you'll really need one.

May I suggest you go to the library, or to a book store, and look at a couple of self-help books (Nolo Press has some good ones)

Then you can decide whether to ;
a) Sue in small claims and give up the $4,000 over the limit.
b) Sue in regular court for the whole $9,000 without a lawyer. Tricky, but people 'do' do it all the time, so it's not impossible.
c) Hire a lawyer and have him sue for the whole $9,000. You will have to eat the lawyers fees yourself.

Richard

2007-12-06 00:20:20 · answer #2 · answered by rickinnocal 7 · 0 0

I just answered you on the same question. I am not sure, but you might be able to call the District Attorney in your City. Tell them about what happened. You say you have a letter from the party that received the money? hmm. Looks like a expensive lesson. Or call the Bar Association and tell the person that recommends lawyers what you said. They might be able to suggest a lawyer that could help you. It is going to cost you some money. Hope you realize this.

2007-12-06 00:14:11 · answer #3 · answered by Sasha 5 · 0 0

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