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Re: Tx-I am....
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Posted by Pigeon (more from Pigeon) on Tue, 2 Oct 2001 10:18:42 Share Post by Email
In Reply to: Tx-I am...., Jeremy, Tue, 2 Oct 2001 09:24:44
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If I were you I'd call the Court Clerk for the small claims court and pose this question, or something similar:
"I think I may have a case for small claims court. I think the total damages are around $3,000, but they may be higher. If the total amount winds up being higher than $3,000, can the judge award me the actual amount, or am I limited to $3,000?"
If the answer is that you're limited, then you need to decide how much over $3,000 you are looking at being, and balance that against the cost and additional time of a suit in regular court. Small claims is typically a few weeks from filing to resolution; regular cases can drag on for over a year. Regular cases also have much higher filing costs (probably in the low several hundred dollar range), and you'll be much better off with a lawyer in regular court (although not required) for probably minimum $1,000 - a cost you don't get to recover. Also, regular court case will probably take up lots more of your time in preparation. Whether the additional potential recovery is worth it is up to you.

One other avenue to consider - does the young gun have any business insurance which might cover this? It would be an easy way out for both of you if he does.

Good luck,

Scott

posted by 198.81.2...

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