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sued, and sued again...!??

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jcomm001

Junior Member
What is the name of your state? California
I was sued in small claims court and he actually won. Claimed the amount was for over $11,000.00 but was awarded the max $5,000.00
Now he is telling me I have to pay the remainder of the $11,000.00.
By law, am I liable for the remaining $6,000.00
 


JETX

Senior Member
jcomm001 said:
What is the name of your state? California
I was sued in small claims court and he actually won. Claimed the amount was for over $11,000.00 but was awarded the max $5,000.00
Now he is telling me I have to pay the remainder of the $11,000.00.
By law, am I liable for the remaining $6,000.00
Nope. He 'forgave' the difference when he made the decision to go to small claims (for the lesser amount) than the more expensive higher court (no amount limit).
Pay him the $5k.... and tell him thank you.

If he tries to file another suit, simply bring the first one into court and claim 'Res Judicata'.

res judicata
n. Latin for "the thing has been judged," meaning the issue before the court has already been decided by another court, between the same parties. Therefore, the court will dismiss the case before it as being useless.
 

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