allstar

[adjusterjack]

I said the same thing about attorneys in small claims court.

I also asked for location and details.

So far all we know about your case is

me, the plaintiff, addressing a$1500 repair overcharge complaint.

Still need to know how that came about and what the defendant is counter-suing you for.

 

[quincy]

yes, Quincy, that's what my ? was trying to express. If defendant response to plaintiff original complaint, potentially (currently i haven't had that response served, yet unseen from server since Jan 18--awaiting service), & if that response levies some new counter claim against me beyond my input claim, charging me on some new higher level retaliatory scenario, would the following apply: 1 if i understand you, a claim severity might be prioritized for designation to a higher court (civil circuit court?) &, 2 if so, would such elevation be assigned, might i now become the defendant of that elevated counter claim by the charged defendant? Obviously, i did not know these court proceeding protocols, yet as you stated, my claim dispute was because of ability to make a limited public citing of a disagreement, but could not engage $7-10k legal Attorney retainer (lawyers more reluctant to engage contingency contract with clients without upfront retainer fees, quite often currently, perhaps inflated higher over the past couple of decades), with magistrate civil limit at $7500 & with me, the plaintiff, addressing a$1500 repair overcharge complaint. Hope there's clarity here, relative to your considerate information & as layman, regret possible misunderstood policy, procedures & protocols--apples/oranges!. thanks!

What is the name of your state, rzx?

If the small claims courts in your state have set a dollar limit amount of $7500 but your defendant files a counterclaim for $10,000, exceeding the small claims limit, the case is transferred to the regular docket or division of the court that handles civil cases with higher limits. You remain the plaintiff in the suit.

If you have not received a response to your complaint from the defendant, it probably is not worth worrying about a counterclaim and any change in the jurisdiction of your case just yet. If you find yourself needing free or low cost legal assistance, there are legal aid clinics that can be of help.

 

[quincy]

As a note, only Colorado and South Carolina currently have small claims limits of $7500. Twenty seven states have limits below $7500.

 

[Zigner]

@rzx what US state?

 

[quincy]

@rzx what US state?

Four times the charm, maybe?

rzx was last seen on the forum at 4:36 am. We might get a state name in the early morning hours.

 

[adjusterjack]

Whoever reported my second post, you are scum.

How do you know when your post gets reported? Does it just disappear?

 

[quincy]

How do you know when your post gets reported? Does it just disappear?

It disappears from public view. Only the creator of the post can read it - up until the time it is completely deleted. And there is a message in an orange box on the reported post that says the post is invisible and awaiting moderator review.

 

[Bali Hai Again]

I had a post disappear and could not read it. I didn’t see an orange box with any wording. I was referring to someone’s crook son. The post returned sometime later without the word crook. Apparently someone didn’t like the word crook. Maybe it will happen again this time.

 

[quincy]

I had a post disappear and could not read it. I didn’t see an orange box with any wording. I was referring to someone’s crook son. The post returned sometime later without the word crook. Apparently someone didn’t like the word crook. Maybe it will happen again this time.

Interesting. The moderator will review reported posts but typically the post remains in the thread with a message saying it is awaiting approval, the post visible only to the one who created the post. The moderator will either edit the reported post as needed or delete the reported post.

In this thread, currently 9 posts are missing. Three additional posts were reported and temporarily invisible but they are now back in the thread without edits.

Someone might be playing games with the report feature, for a reason or reasons known only to them.

 

[LdiJ]

I am pretty sure that it is still going on.

 

[adjusterjack]

As a note, only Colorado and South Carolina currently have small claims limits of $7500. Twenty seven states have limits below $7500.

25 states have limits above $7500.

If the math isn't working out, it might be because some states have more than one limit. Or, I just miscounted. I'm a little sleepy right now.

 

[quincy]

25 states have limits above $7500.

If the math isn't working out, it might be because some states have more than one limit. Or, I just miscounted. I'm a little sleepy right now.

rzx mentioned the $7500 limit.

 

[quincy]

A link to the National Center for State Courts (NCSC):

https://www.ncsc.org/information-and-resources/trending-topics/trending-topics-landing-pg/faq-how-small-is-a-small-claims-case#:~:text=One example is South Carolina’s,Claims Court of Marion County.

 

[rzx]

What is the name of your state, rzx?

If the small claims courts in your state have set a dollar limit amount of $7500 but your defendant files a counterclaim for $10,000, exceeding the small claims limit, the case is transferred to the regular docket or division of the court that handles civil cases with higher limits. You remain the plaintiff in the suit.

If you have not received a response to your complaint from the defendant, it probably is not worth worrying about a counterclaim and any change in the jurisdiction of your case just yet. If you find yourself needing free or low cost legal assistance, there are legal aid clinics that can be of help.

thoughtfully helpful, thanks. SC, awaiting response/counter claim, but magistrate & sheriff cannot comment until service completion--i'll be patient.