Can someone sue me for more than the limit in Small Claims court?

Question

My state's small claims limit is $5000. I was served with a notice that I was being sued for $6500: $1300 punitive, $650 actual and $4500 for legal fees. Plus, the guy suing me has no money. Can his lawyer threaten legal fees like that if he has no realistic hope of collecting that money from his client?

Answer 1

No, the limit is the limit and it's highly unlikely a judge will award legal fees. It's also unlikely they will collect punitive damages unless they can prove you intentionally tried to hurt the plaintiff.

Answer 2

Yes, if an attorney is involved and it is not through small claims court.

Answer 3

IF it is in the Small Claims Court then Legal Costs DO NOT apply. I suggest you check the rules.

Answer 4

Yes

Answer 5

Yes, someone CAN. Will they get what they want? Most likely not. Small Claims Court is usually set up for folk to settle small disputes without attorneys. If this guy has an attorney, I am guessing he got the lawyer's name off a cereal box or something. Check out your courts website for small claims information. Don't worry about the excess.

Answer 6

They always can request more but judge gonna say this is small claim so you only owe them 5,000 not more.

Answer 7

If a lawyer contacted you about it and it's over the limit, then there are two reasons why it's not small claims court. Good luck.

Answer 8

Then petition to have the case thrown out as its over the limit. And yes, lawyers can threaten. They do it all the time.

Answer 9

OF COURSE they can. They just have to file in REGULAR court instead of Small Claims. The very existence of the term small claims should make that obvious.

On the other hand, there is NO WAY the court will award attorneys fees more than 3 times the amount of punitive damages and nearly 7 times actual damages.

Answer 10

A plaintiff or claimant can ask for pretty much anything he wants in the prayer of his complaint. Whether he is entitled to any of it will be according to proof. And whether attorneys fees are to be included in the $5000 limit will be according to your state laws. Generally, I don't think attorneys fees count toward the claim limit.



Whether there is hope of recovering the money is generally of no consequence to the court. If someone is suing you, it means they believe they can recover at least something from you. As a matter of practice, you want to sue for a higher amount because you are generally prohibited from recovering more than what you ask for, even if proof later shows you're entitled to more.



If your state small claims court allows attorneys, I would highly recommend you seek a defense attorney. There are procedural tricks an experienced attorney can use to blow you out of the water, even if their proof is weak. Don't get shafted; hire a defense attorney.



Best of luck.



*I am a licensed attorney; the suggestions above are not legal advice but general principles, only. No communication with me shall establish an attorney-client relationship*

Answer 11

Yes Get a Attorney. I have had this happen to me. I had my Attorney talk to there Attorney. All It took. My Attorney just shook his head & said. Were do these people come from. Do they think using a Attorney will scare you into paying them? There are some Attornies out there that are no more than scam artist.

Answer 12

elijah muhammad

Answer 13

Punitive damages and lawyers fees would be up to the judge to decide if they award them or (not).



When I got divorced in 1981, my lawyer added his lawyers fees for my EX to pay, which got lucky and my EX had to pay. But, I had to pay the lawyers fees (myself, up front) since as he told me there is no guarantee the judge would allow, or for that matter to collect from my EX. So (after) awarded and (after) my EX paid my lawyer, then my lawyer (refunded) my fees back to me.



So no, your friend’s lawyer would not take this client on the promise/expectation that you would pay/owe, since like stated above is no guarantee, thus this guy has found the funds (somewhere) to hire this lawyer.



But the question is why are they suing you for $650 plus punitive damages of $1,300? Then lets add the cost of legal fees which are $4,500, which base on the cost of damages is a lot to pay for a lawyer in small claims court, which usually don’t need a lawyer.



Now my guess is that they can only collect $5,000 max since in small claims court and they may prefer since it is quick vs waiting for months/years to be held in a higher court. So, if they collect the max of $5,000, then the in effect the loss of $1,450 could be the cost for (less) legal fees/hours spent to sue in small claims.



Let me guess, you have not talked to a lawyer to see if you have any defense or not? Look, if someone is suing me for $650 and asking for $5,800 more in punitive and legal fees, I would make a appointment asap for my legal rights.

Answer 14

Perhaps they're suing you in District Court, which has higher maximums.

Answer 15

Bogus fake Anonymous troll post. Lawyers are not allowed in small claims court.

Answer 16

The ad damnum ain't the judgement. Like wow.

Answer 17

Sue the bastard back

Answer 18

Yes, you can be sued for an amount that exceeds the small claims court limit. The case just goes to a higher level court.

His lawyer is suing you in hopes of collecting those legal fees from you.

Answer 19

Yes, he can sue for more than the small claims limit. He just can't do it in small claims court. He can do it in another court.

Answer 20

There are no lawyers allowed in small claims court. The fact that he has a lawyer and legal fees means that this is not small claims court and they can sue you for whatever amount they want.

Answer 21

Basically, the legal fees usually don't count toward the total limit. So, if you take away the legal fees, the rest is below the state limit and perfectly acceptable.



The basic answer is - Yes they can.



Some lawyers will take a case if they believe they can win. They don't care if their client has no money. It is a risk they take when they believe the case is solid and that they can win.