ASSAULT & BATTERY SUIT IN SMALL CLAIMS?

[DIVORCEACIDE]

What is the name of your state? UT


Is it possible to file an assault and battery suit in small claims? In West Jordan they recently changed the rules in small claims to include non monitary damages. Is there any one who knows anything about this?

 

[JETX]

Is it possible to file an assault and battery suit in small claims?

If you mean to recover damages incurrred from an assault and battery, the answer is yes. A suit to recover monetary damages would be appropriate to small claims. For more, go to: http://www.utcourts.gov/howto/smallclaims/

 

[seniorjudge]

What is the name of your state? UT


Is it possible to file an assault and battery suit in small claims? In West Jordan they recently changed the rules in small claims to include non monitary damages. Is there any one who knows anything about this?

http://www.le.state.ut.us/~code/TITLE78/htm/78_17002.htm

I do not find that punitive damages are allowed in small claims courts in Utah.

 

[JETX]

http://www.le.state.ut.us/~code/TITLE78/htm/78_17002.htm

I do not find that punitive damages are allowed in small claims courts in Utah.

Who said ANYTHING about punitive damages?? The OP only asked "Is it possible to file an assault and battery suit in small claims?".
The clear answer to that is.... YES.

 

[seniorjudge]

Who said ANYTHING about punitive damages?? The OP only asked "Is it possible to file an assault and battery suit in small claims?".
The clear answer to that is.... YES.

Please re-read the post. Thank you.


Is it possible to file an assault and battery suit in small claims? In West Jordan they recently changed the rules in small claims to include non monitary damages. Is there any one who knows anything about this?

 

[JETX]

Please re-read the post.

Have read it, and re-read it several times, trying to see how your post would be somehow relevant. Still unable.
Lets 'break it down':
"Is it possible to file an assault and battery suit in small claims?"
Clearly a QUESTION!! And answered.

"In West Jordan they recently changed the rules in small claims to include non monitary damages."
Clearly a statement... that may or may not be relevant to the QUESTION asked.

Is there any one who knows anything about this?
I answered the question.
Are you now trying to 'answer' the statement?? If so, DO you know anything about what 'West Jordan' might have done??

 

[seniorjudge]

Please re-read the post. Thank you.


Is it possible to file an assault and battery suit in small claims? In West Jordan they recently changed the rules in small claims to include non monitary damages. Is there any one who knows anything about this?

"This" refers to "non monitary" damages. I answered that question.

 

[JETX]

"This" refers to "non monitary" damages. I answered that question.

Okay, lets try this a different way...
What the hell are NON-MONETARY damages in 'battery and assault case'??
Either it is a criminal suit (clearly NOT small claims) or it is a civil suit (for MONETARY compensation).
Granted, monetary compensation could be direct (medical bills, loss of wages, etc.) or can be punitive (as a deterent to others, etc.).
We don't know WHICH, if either, that the writer is asking about.

So, with that, the correct answer (and extrapolated from the question.... or lack of) would be:
Yes, you can file a 'small claims' suit on a claim of assault and battery... but you can only claim your direct 'damages'.... don't look for the court to consider punitive damages. If you have any specific questions as to how and how much, contact the court clerk.
Agreed??

 

[seniorjudge]

Okay, lets try this a different way...
What the hell are NON-MONETARY damages in 'battery and assault case'??
Either it is a criminal suit (clearly NOT small claims) or it is a civil suit (for MONETARY compensation).
Granted, monetary compensation could be direct (medical bills, loss of wages, etc.) or can be punitive (as a deterent to others, etc.).
We don't know WHICH, if either, that the writer is asking about.

So, with that, the correct answer (and extrapolated from the question.... or lack of) would be:
Yes, you can file a 'small claims' suit on a claim of assault and battery... but you can only claim your direct 'damages'.... don't look for the court to consider punitive damages. If you have any specific questions as to how and how much, contact the court clerk.
Agreed??

...Agreed....

 

[DIVORCEACIDE]

Thanks you guys answered my question. I'm sorry I don't speak legalize, but I knew I couldn't file for punitive damages. Just actual. The venue was my question.

Thanks again!