This is a question that comes up quite often with regard to small claims court: how much can you win? That question can be answered differently with each case that goes before a small claims court judge, but there are a few guidelines that you can use to find out just how much you will be able to collect.
How Much Can You Win: Monetary Limitations
Small claims are called “small” for a reason – there are monetary limitations in each state which determine how much you can sue – or be sued for – in small claims court. For example, the limit in Texas is $5,000, in Minnesota it’s $7,500, and in Kentucky you can only win $1,500. Although you can “cut down” the amount you are sued in order to have the case heard in small claims, it is up to you whether this is an attractive option.
How Much Can You Win: Equitable Relief
This is a ‘legalspeak’ term used to describe a non-monetary judgment rendered by the judge in a civil case. For example, let’s say that you gave an antique store a valuable piece of furniture on consignment, with the written agreement that the store would sell your property within six months, or return it to you. It’s been eleven months, and the antique store refuses to return the item. Although a small claims court may not give you the monetary value of the furniture, the judge might enter a judgment that requires the antique store to return the property to you.
How Much Can You Win: Fair Value
In small claims court – or in any civil proceeding – you are entitled to the fair value of your property if damaged by another. Fair value means the value of the property at the time it was damaged. For example, let’s say that you own a 1996 Chevy sedan, and you allowed a friend to borrow it for the evening. She gets into an accident, during which your vehicle is totaled, so you take your friend to small claims court. At that time, you are not entitled to the price of a brand new Chevy sedan, but rather the value of the vehicle at the time of the accident, which is often determined by the Kelly Blue Book value.
How Much Can You Win: Actual Damages
Actual damages refers to the total amount of money that you are out as a result of the actions of another person. In some cases, you can claim ‘pain and suffering’ and other extraneous damages, but this is rare. For small claims, the amount that you can collect is usually based on the amount of money spent to repair the damage. For example, if you were attacked by a friend at a party and you suffered a split lip, which required stitches, you can mostly likely only sue for the medical costs associated with your injuries.
How Much Can You Win: Breach of Contract
One of the most common small claims lawsuits filed is for breaches of contract, which means that two people entered into a good faith agreement, and one of those two people failed to meet their obligations. In this case, you are entitled to sue for the amount you are owed, plus any resultant interest, as long as interest was a part of the original agreement.
How Much Can You Win: Lost Wages
Many people go to small claims court and believe that they can pad their claims with seemingly insignificant charges, such as lost wages. You are only entitled to lost wages is you missed work because the defendant made it so you could not physically go. For example, if the defendant broke your leg in a mosh pit at a local concert, and you are a foreman at a construction site, then your injury probably prevents you from going to work, and you might be able to get away with suing for lost wages.
