Since the first of the year, individual plaintiffs, or sole proprietors, (not corporations or partnerships) may sue for up to $10,000 in Small Claims Court. If you are suing for injuries and damages related to an automobile accident, and the other party was insured, you are limited to $7,500 as your recovery. If the other party was uninsured, by implication, $10,000 would be the limit. If you are a corporation or partnership, you are limited to $5,000.as your recovery. Neither side may have an attorney represent them at the hearing.
NOTE! When you sue in Small Claims, you waive your right to recover anything above what you were owed for the particular claim. For instance, if you are a sole proprietor and a customer owes you $12,000, you may sue for up to $10,000 only. You waive the balance. You cannot file a separate suit for the other $2,000. If you win, and the award is less than what you sued for, and the other party does not appeal (Trial De Novo), then the amount of the judgment is binding on you. You, as the plaintiff, are not allowed to appeal an award in your favor, only the defendant.
For more information, use the link below to obtain forms and additional information.
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424399&_dad=portal&_schema=PORTAL
Should the defendant appeal an award in your favor, you may have an attorney represent you at the Trial De Novo.
For additional information about my services, go to http://www.sandiegolawyer.tv or call (619) 285-8191.
As a small business proprietor, and a sole practitioner, my perspective about the law and other current events may be different than the usual "establishment" line. I hope this blog will provide useful or, at least, interesting information for the readers.
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