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when the claim amount exceeds state limits for a small claim, how to "waive the excess"

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pickaname

Active Member
That's not punitive damages. ... damages are known as statutory damages, not punitive damages, because the amount of the damages is set by statute.
Thanks for the clarification! Your post was quite helpful. Indeed I was conflating punitive w/statutory (which made me wonder how I managed to win [what I thought was] punitive damages in small claims court the past). The compensatory damages and statutory damages I'm asking are unrelated in every way apart from involving the same defendant. So I think splitting the case is trivial. I just need to come up with the wording.. whether to motion to "remove the statutory damage claims" or to ask for those claims to be "dismissed without prejudice". I'm not sure if parts of a case can be "dismissed" or if that jargon only applies to a whole case.
 


Zigner

Senior Member, Non-Attorney
Thanks for the clarification! Your post was quite helpful. Indeed I was conflating punitive w/statutory (which made me wonder how I managed to win [what I thought was] punitive damages in small claims court the past). The compensatory damages and statutory damages I'm asking are unrelated apart from involving the same defendant. So I think splitting the case is trivial. I just need to come up with the wording.. whether to motion to "remove the statutory damage claims" or to ask for those claims to be "dismissed without prejudice".
You need an attorney. Such advice is beyond the scope of a legal forum as it would constitute the unlawful practice of law.
 
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