• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Small Claims Additional claim

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dresh

Junior Member
What is the name of your state (only U.S. law)? NJ

Hi, was hoping for a little advice. We recently had an issue with a contractor we hired to build us some furniture. We ended up filing a suit against him in Small Claims court, and won the full amount we were asking. It has come to our attention, that we totally missed a payment that we made to him during this process. Long story, but in the end, we messed up. The missed payment did come up during the hearing with the Judge, and he said that we couldn't amend what we were asking for at that time. Is there any way that we are we allowed to file another suit for the additional money that we did not ask for in the initial suit? Let's just say that we paid a total of $1,000. We issued a claim for $750 and won. Would we be allowed to initiate another claim, for the additional $250?
 


latigo

Senior Member
What is the name of your state (only U.S. law)? NJ

Hi, was hoping for a little advice. We recently had an issue with a contractor we hired to build us some furniture. We ended up filing a suit against him in Small Claims court, and won the full amount we were asking. It has come to our attention, that we totally missed a payment that we made to him during this process. Long story, but in the end, we messed up. The missed payment did come up during the hearing with the Judge, and he said that we couldn't amend what we were asking for at that time. Is there any way that we are we allowed to file another suit for the additional money that we did not ask for in the initial suit? Let's just say that we paid a total of $1,000. We issued a claim for $750 and won. Would we be allowed to initiate another claim, for the additional $250?
I'm not going to take the time to research New Jersey's court and procedural rules (tee time at noon) -

But my guess is that if I did, there would pop up a mandate requiring that all claims (including counterclaims) arising out the same transaction must be joined. And those that are not and could have been pleaded are thus waived. Pretty standard deal.

However, often there is a means whereby a party can ask to reopen a case if done timely. But even if the motion is timely, when the purpose of reopening is due to neglect on the part of the movant it could be tough going.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top