cases worth more then $5000

[chuck/deannie]

we were in contract to buy a house and the seller defaulted and according to an attorney we are able to sue on 3 issues 1)breech of contract 2)specific performance 3) i forget but anyways, the attorney stated that i cant take this to small claims, i think because we could sue in excess of $10,000. we live in california were the max for small claims is $5,000. is my lawyer saying we will not be able to get over $5,000 or is she saying that we cant bring this issue to small claims because in general the suit is worth over $5,000?

 

[JenniferH]

I believe what your lawyer is trying to tell you is:

That if you pursue this in small claims you can only bring the claim up to the limit which is 5000.00.

If your claim is more than this and you want to go for the max, then you need to find out what court will handle the higher limit. On the same note, your atty should have told you what court and if this court requires attorney representation or if you can represent yourself in court.

I don't know the names/levels of the court in CA but usually it goes like this: 1) district 2) superior 3) supreme. Some have slightly diff. names than this.

Good Luck,

 

[I AM ALWAYS LIABLE]

I believe what your lawyer is trying to tell you is:

That if you pursue this in small claims you can only bring the claim up to the limit which is 5000.00.

If your claim is more than this and you want to go for the max, then you need to find out what court will handle the higher limit. On the same note, your atty should have told you what court and if this court requires attorney representation or if you can represent yourself in court.

I don't know the names/levels of the court in CA but usually it goes like this: 1) district 2) superior 3) supreme. Some have slightly diff. names than this.

Good Luck,

My response:

In California, we now have 3 levels of Civil Courts, and they are:

1. Small Claims - $5,000.00 limit.

2. Superior Court - Limited Jurisdiction - Up to $25,000.00.

3. Superior Court - Unlimited Jurisdiction - Sky's the limit.

Small Claims does not allow attorneys (unless a corporation or trust is being sued).

In both levels of Superior Court, while a litigant can represent themselves (In Propria Persona), it's never advised - - even if you're a lawyer.

Good luck, writer.

IAAL