former business owner suing 2 remaining partners

[KWIKGTP]

pennsylvania

Former small business owner suing 2 remaining owners for approx. $6000. Small claims limit is 5000. Should I sue individually for 3000 each or sue in regular court together for entire amount? Next, the money owed was the business start-up costs which were placed on my credit cards. Now I am working an extra 30hrs a week to pay them off. Its been 4 months and no money received. Am I entitled to interest recovery? Am I entitled to any damages for having to get a part-time job to pay these off? I have a signed contract between the three of us and all CC statements. Only prob is there is no time specified to pay any debts, only that we are all 1/3 responsible. If I sue in reg court am I entitled to collect for lawyer fees?

Thanks

Scott

 

[JenniferH]

I am not in PA, but I will try to assist.

1) I would attempt to sue both in one case file for max in proper court (which sounds like it won't be small claims) This way if you are awarded judgment you can collect full amount of either, they would have to recoup of other if one paid full amount, understand.

2) Damages for having to work?
Maybe. Depends on what court and what the laws of that court deems as damages.

3)Sue in reg. court, get lawyers fees?
Maybe, If allowed and only if you actually use lawyer.

As for the specified time, I would first, send a demand to each of the debtors, giving a specific time to pay, if not, that you will have take the action to court. That way you show the court that you attemped to collect it prior to court, which most states say you must do before bringing an action to court. Send this certified, rrr, so that you have proof.

Good Luck,