In Civil Court Can You Seek Damages Above Monies Owed?
825840
(1) Send the demand letter, requesting your $$ back; however, do not say that you will request punitive damages if they do not settle, give them a time limit to respond say 1 month to 6 weeks, then file suit. (2) if you sue, then ask for court cost and lawyer fees (missed work  and transportationcannot be recovered under the law)and ask for punitive damages (do not specify an amount, the court might give you more or less than the $1000.00 you are seeking )  the court can award punitive damages if the actions of the company was wrong. I WOULD CHECK AND SEE IF THIS COULD BE TAKEN TO A NJ SMALL CLAIMS COURT, THAT WAY YOU WOULD NOT NEED AN ATTORNEY.
830773
civil and not criminal. ask your local civil court
276435
I will give you a real world example.  I represented my father's construction company in a lawsuit.  He paid a subcontractor in full for work done on a project, but the subcontractor failed to pay for the concrete he used because of financial difficulties.  The concrete supplier filed a lien which my dad had to pay.\n\nI filed a lawsuit on his behalf.  The subcontractor filed an znswer to the lawsuit that admitted he owed my dad the money and needed more time to pay.  There was no factual dispute and the court granted a motion I filed called a motion for judgment on the pleadings.
687367
Small claims court depending on the amount of the bill. You could also send the bill to collections.
312395
If the damages you expect are less than $5000, file in small claims court wherever you live. Go to the courthouse and ask for forms to file a small claims case.\n\nThey will then need to be served for their court date. If they do not show up in court, you get a default judgement, but then it takes up to a year to enforce the judgement with the police, etc.
762665
Absolutely!  Just about anyone can sue anyone for anything!  Whether the plaintiff wins or not is always open to the decision of the court. \n\nIf you owe medical expenses they can sue you.  The judge, if he/she rules in favor of the plaintiff, there are several options available upon judgment.  A few of these area:\n\n1.  Attach (lien) of any real property (land, homes, etc.) In extreme cases you may be forced to sell the property.              \n2.  Garnishment of wages.\n3   Attach (lien) of vehicle (not usually done).\n4.  Interest and late fees.\n5.  Notices filed with public access in county recorder's office.\n6.  Credit  agencies always receives these notices.\n\nIt is always best if you can settle without going to court to arrange the payment of the debt.
850276
Hi Jacqui,\n\nThe upside is...\n\nIf you can show they were negligent or failed in their statutory duty of care that resulted in some type of damage or loss then yes you can.\n\nThe downside is that it could prove to be expensive and the courts don't like giving judgements like this in favour of the public in case there are a flood of similar cases. What they call in the legal profession, "opening the floodgates."\n\nContact your local CAB or a specialist solicitor.\n\nGood luck.
862348
A county court judgment is a decision given by a judge in a local court in favour of one party and against the other, in this case, presumably, you.  If you have anything at all to say in your defence, then it is a good idea to turn up to court.  I see that someone advised you to have a word with your creditor and I would urge you to do that if you have run up a debt, as otherwise you'll find yourself paying not only the debt, but the costs of bringing you to court and -- if the worst comes to the worst -- the costs of bailiffs turning up at your home and seizing goods to pay off the debt together with costs.  In a magistrates' court they can allow you to pay off your debt in stages: in a county court they'll want the money there and then.  See if you can do a deal with the creditor who is taking you to court.  It's the best way!
910792
Depends on what the debt is for, and how large it is.  You can go to small claims court for less than certain amounts, or to a County Court At Law for larger.  You simply state the case, have the respondents served, attend the court hearing, state your reasons, and allow for a response.  Then, it's up to the presiding judge to issue the liens.  You can include all legal costs as part of the liens....
1060737
It depends on your local ordinances and state laws.  You can always sue in civil court, but I doubt that the time, effort and costs would make it worthwhile.  You can always try to dispute the charge with your credit card company, but all they have to do, usually, is show the signed receipt and declare that the work is done.  What they would probably say is, "We don't have any idea what she did when she left here.  She must have been doing something horrendous to damage her nails like that."
418715
Well - you have to ask yourself - is it worth going to court for. Depending on how much money it is, you can either go to small claims or go for a civil suit. I'm nearly 100% sure that you can probably get them to settle but you need some type of documented paperwork. In a civil suit - its beyond a preponderance - so - as long as your evidence provides at least 50% - its not beyond a reasonable doubt. Again - i'd need to know more about the case - but in general - you need the paper work documenting what they said - otherwise it becomes a game of he said she said.
818750
You can sue them for any personal injury or loss you suffered as a direct result of their actions.  So yes, you can sue them for having to miss work and the wages you lost, you can sue them for the towing fee, you can sue them for the impound fee, and while you're at it you can sue them for a nominal fee (say, $100.00) to cover the inconvenience of having to settle this mess.
970667
You could sue for negligence, but you wouldn't get much in the way of compensation unless you sould show you had suffered loss (usually financial loss) as a result.
213518
Depends on a fewthings. How much the debt is for, where the transaction too place, type of credit agreement/contract.\n\nWould take too long to describe all options here.  But in a nutshell, if it's a small debt under $5000 they will sue you in Small Claims Court.  Do a search on the web for details on how they work in your state/county.  They are all a little differant.\n\nWhat concerns me is you mention an attorney is on the case. That implies the debt is big, over $5000.  Then you will be sued in District court, which is a lot more involved and will require you get get an attorney.  If you lose, you will be paying court costs, which also increase in District Court.  \n\nGood luck.\nIf you need more specific answer or encouragement write me. I am not an attorney or credit counsoler, just someone who has been down that road and have counseled many others.\n\nStudly
554234
Yes. First they have to get a deficiency judgment against you for the difference in court. Before they sue you for it try to negotiate a plan to repay the balance with the finance company or bank.
723225
No, he can't stop payment. Small claims court is the right idea for recovery. There could also be a criminal issue separate to the civil recovery.\n\nSeparately, even if you did owe him money, that long ago, his recovery would most likely be barred by statute of limitations. If you don't owe him money, don't in any way suggest that you do, since admitting that you do owe him money could negate the statute and revive the debt.
1026784
Contact a personal injury lawyer.  Most charge a contingency fee - that is a percentage of what you make on the claim.  The usual amount is about 20-30% of the verdict.  On the plus side. they only make money if you win the case.\n\nThey can also help stave off creditors until the matter is resolved and you are back on your feet again.