Maximum Amount?

[Mwerner710]

What is the name of your state? Missouri

I was told in the small claims court that the maximum amount that I could recover is $3000.00.

The clerk told me that I had to write a demand letter ( or contact them) to the individual requesting payment. In this letter, the clerk said that I have to list the amount that I am requesting.

Can this amount be higher than the maximum that I can recover? Or does it have to be listed at $ 3000.00 even though the entire amount is around $3900.00?

I know that I can only recover the lower amount, but this seems like I am telling them I am taking them to small claims, versus getting a lawyer to recover the entire amount.

Thank you

 

[BL]

You demand full payment . $3900.00 . What you are doing is demanding your payment .
Don't indicate , " OR ELSE I will file small claims " .
Just DEMAND the amount he owes you . Demand the amount he owes you be paid within 10 business days .

If he don't pay , file a claim .

Note: If you get a Judgment , you will still have to take steps to collect .

 

[Mwerner710]

Thank you. I thought that that was being unfair. As if I were revealing how I was going to play my hand.

What you say makes a lot more sense.

Thanks again
Mike

 

[Mwerner710]

He has Insurance. I have witnesses to the accident that puts the fault on him, although the Insurance Company only wants to pay 35% of the damages. This is an attempt to try to recover the full amount.