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Old 05-06-2017, 06:23 PM   #1
Tanya83
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Default Dividing claim into parts in small claims.

Can I divide my 12,000 dollar claim into 2 claims and then sue twice, once for each part?
Thank you for your advice!
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Old 05-06-2017, 08:50 PM   #2
AFFA
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Default Re: Dividing claim into parts in small claims.

I wish to inform you that you may not break your claim in two parts and then sue twice in the small claims court. You may sue only once in the small claims court and forego the amount in excess of the maximum amount allowed in the small claims court if you so want.

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Old 05-06-2017, 09:02 PM   #3
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Default Re: Dividing claim into parts in small claims.

Quote:
Originally Posted by Tanya83 View Post
Can I divide my 12,000 dollar claim into 2 claims and then sue twice, once for each part?
No.

No.

No.

No.
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Old 05-07-2017, 12:15 AM   #4
goddessoflubboc
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Default Re: Dividing claim into parts in small claims.

It depends on the fact pattern. If it is really one claim but it exceeds you small claims max, no.

If you are suing both a business and the owner, possibly.
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Old 05-07-2017, 03:19 PM   #5
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Default Re: Dividing claim into parts in small claims.

Or if the events can truly be broken into parts like he damages the fence in January with his car and and hit it with his snowmobile in February.

Or in some cases you can sue for one month rent, and then the next etc.
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Old 05-07-2017, 03:23 PM   #6
adjusterjack
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Default Re: Dividing claim into parts in small claims.

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Or in some cases you can sue for one month rent, and then the next etc.
If a landlord is stupid enough to let a tenant slide for that long...
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Old 05-10-2017, 11:05 AM   #7
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Default Re: Dividing claim into parts in small claims.

Quote:
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Can I divide my 12,000 dollar claim into 2 claims and then sue twice, once for each part?
Thank you for your advice!


Only if they are naturally and completely separable parts, like two incidents of damages or two times they breached the contract by taking two different wrongful acts.
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