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Suing in Small Claims Ct for Maximum Amounts


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Yes. In Washington state it used to be $2500, I believe they have since raised it to $3500. In South Carolina it is $7500. It varies by state.

You would be hard pressed to find a state under $2000 or over $10,000 in my opinion. Although I may have heard of a $1500 one somewhere.

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  • 4 weeks later...
On the small claims court form it ask which type of action I'm filing: contract, tort, replevin or detinue. What is a replevin or detinue?

Also, Xanathos, can you tell me what documents you attached to your filing form for proof to the court?

When I filed I had all of my supporting documentation with me and they didn't want any of it. They said that I would present that in trial, if it comes to that. I did attach to their one page form the lawsuit as I wrote it up that explained every violation, the law violated, and the remedies allowed for under law. This didn't have to be done, but also want them to know that I am ready and willing to go the distance.

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When I filed against TU last week, the clerks never looked over my form. They just stamped it, took the money and gave the receipt to me. I included copies of my credit report (only the page that showed they verified the information), the second letter stating a frivolous dispute and the court papers showing the judgments were vacated. I included the verifications they sent from July and August, including the form they sent me when I requested the persons they verified with.

Maryland small claims only goes up to 2500. So I cannot treble the damages. Only if I had filed in District court. Although the clerk said you can file for more in small claims court, IF you have an attorney whom is representing you. So the sky would have been the limit (up to 10,000) if I had an attorney with me.

If they want to settle I will for no less than 1500 because of all the trouble I went through!

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On the small claims court form it ask which type of action I'm filing: contract, tort, replevin or detinue. What is a replevin or detinue?

Also, Xanathos, can you tell me what documents you attached to your filing form for proof to the court?

I didn't attach any documents...they gave me a piece of paper to fill out, and I had about 12 lines to sum up my case...took some small writing, but I made it fit.

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  • 6 months later...
It is $5k in Texas, but you are limited essentially to out-of-pocket costs. In Texas, one would need to sue in a justice court (also limited to $5k) to recover statutory damages.

I know this is an old thread, but, I still have a question . . .

TL, Are the requirements for justice court as lenient as small claims? Meaning, am I gonna get my self in trouble if I go Pro Se?

I wish they had a "Texas Court System for Dummies" book. :shock:

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On the small claims court form it ask which type of action I'm filing: contract, tort, replevin or detinue. What is a replevin or detinue?

Main Entry: 1re·plev·in

Pronunciation: ri-'ple-v&n

Function: noun

Etymology: Middle English, from Anglo-French replevine, from replevir to give security, from Old French, from re- + plevir to pledge, from (assumed) Late Latin plebere -- more at PLEDGE

1 : the recovery by a person of goods or chattels claimed to be wrongfully taken or detained upon the person's giving security to try the matter in court and return the goods if defeated in the action

2 : the writ or the common-law action whereby goods and chattels are replevied

Main Entry: det·i·nue

Pronunciation: 'de-t&n-"(y)ü

Function: noun

Etymology: Middle English detenewe, from Middle French detenue detention, from feminine of detenu, past participle of detenir to detain

1 : a common-law action for the recovery of a personal chattel wrongfully detained or of its value

2 : detention of something due; especially : the unlawful detention of a personal chattel from another

In other words, to take your stuff.

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