Can I go back into small claims and ask for Punitive damages ?

What is the name of your state? New York State

Recap : On Feb , 05,2004 a small claims hearing was held.
On Feb,13,04 a decision was mailed of an award to me of $201.39.
A M/O was sent to me by the Defendant in that amount.

On 3/11/04 I filed for a Trial De Novo. Hearing held on Apr.,02,04.
The Judge said I couldn't bring up what was said at the DMV hearing,only what I knew.
Today 5/17/04 I received the City Court Judges Decision, and award
Of $559.25 . It stated I could now cash the $201.00 Leaving a net Judgment of $384.24 .

I had a DMV hearing on Apr,01,04 that resulted in a finding by that Administrative Law Judge findings of FRAUDULENT PRACTICES by the defendant ( used car dealer ) and ( the inspection station ). Both were given fines by the state . I received these findings dated Apr. 23,04.

On the DMV restitution form it stated If I wanted to recover addition actual ,incidental,or punitive damages I must sue in civil court.

The Latest City Court ruling sited substantive Justice. I don't think if I appealed I could prevail on what was testified to.I did not ask for punitive damages at that hearing.

Questions ? Can I now go back to small claims and sue for punitive damages and if so for what amount ?

The DA's office is reviewing the Fraud . I really think I deserve more that I was awarded, especially where fraud was involved .

You cannot pursue punitive damages in New York small claims court. It is limited only to the recovery of money only.

I wonder why NY State Dept. of Motor Vehicles " Agreement to Accept Restitution " form VS-705(1/00) states in part.

" I understand that if I wish to recover any additional actual damages,any incidental and any punitive damages,I must sue in civil Court.I also understand that the civil court can take into consideration the amount of restitution resulting from the motor vehicles hearing "

The DMV ALJ findings came after the small claims .

Does Civil mean City Court Again ?
Since There was determined to be FRAUD involved I should at least get my filing fees,even though I didn't ask for it.

Well The DA still have all info except the latest civil court ruling . I have informed them I want FULL restitution . They can charge them with a crime and give them an opportunity to make restitution, in lue of Jail.

I have heard nothing from them since the DMV ruling.

....

Small claims is a division of the civil court. You can not take your claim for punitive damages to the small claims court. For punitive damages you would file a regular civil claim. It seems you were under the impression that small claims IS the civil court... there is more to it.
I don't know if you can file a new claim in civil court since you already have a judgement.

Ok maybe I should just appeal .

Yesterday I get a copy of the award decision. Award $XXX.cents .
$XXX.XX already paid, $XXX.XX Judgement due .

Today I get a copy of court activity . $xxx.00 ,.OO interest, $20.00 cost. Total $XXX.XX

The amount of Total is $20.00 higher than the Judgement Due decision.

The money I was paid previously was that from the small claims hearing which included $20.00 cost ,and interest .

The second trial ( de novo ) cost $75.00 , not $20.00 , plus there was NO interest ??

I faxed the Judge again ,we will see !!

Followup: The clerk's yesterday said there was no entry of judgment yet, but today they said there wasn't , then OH YES there was an entry on 5/15/04 .

The 20.00 was because the trial stated from scratch and that was the orig. filing fee ? The $75.00 for filing a Trial DE Novo is non refundable.

Anyways, I'm pursuing further restitution based on Criminal practices through the district Attorney's Office. They have the DMV's ALJ's findings .