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Can I resolve my case in Small Claims Court?
This article will help you determine whether your case is eligible for small claims court.
Generally speaking, the purpose of small claims court is to resolves small monetary disputes. Depending on your state, you can file a claim in small claim’s court from $3,000 to $15,000. Georgia has one of the highest limits of what you can sue for in the country. However, just because your claim falls within the allowable state limit does not mean that your case will be allowed entry in small claims court.
What are some claims allowed in Small Claims court?
Common claims are generally failure to pay a loan, complete a project, meet the terms of a service contract, or to return a security deposit. In some states, you may also file claims for evictions or restitution of property (requesting the return of a personal item or property)
Can I divide my small claims lawsuit into multiple cases to comply with the state dollar limit?
No you cannot divide your claims into multiple lawsuits in small claim’s court. For each contract or infraction you may be able to file separate small claim cases on the theory that the individual breached two separate agreements. However, in most situations, you're limited to one lawsuit that must fit under the state maximum. By filing in small claims you automatically waive any additional money that exceeds the state maximum.
Should I file for small claims or hire an attorney?
The first thing to consider is that you might not win the entire amount of the claim, as the defendant will more than likely try to argue his position. Additionally, if you hire a an attorney to file a lawsuit in superior court, the legal fees will be more than $3,000.
Lastly, filing a lawsuit is a more complex and time consuming process. So not only will it require more time and effort on your behalf to win, but you will also be compensated months or years later.
Services from LegalCreation blend the best of both worlds. You obtain the efficiency and speed of small claims court with the superior expertise of highly trained and qualified legal team working for you. They will start off by writing an official demand letter on your behalf summarizing the case and requesting the full monies. The letter will be backed with a threat to take swift and decisive legal action in small claims court. In some situations, this is all it takes to recover your losses. Otherwise, you can rest assured that you have a professional legal team ready to fight and win for you.
Remember that regarding legal claims involving money, you can file in small claims for essentially any legal argument such as: personal injury, breach of contract, or breach of warranty. So if you feel your rights have been infringed on, or you are being taken advantage of, have faith that the legal system is in place to protect your rights and there are reputable individuals and organizations willing to stand up for you.
LegalCreation.com…because your rights are worth protecting
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