If someone has defaulted on a $6,000 loan, would I file a small claims or civil case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone has defaulted on a $6,000 loan, would I file a small claims or civil case?
Asked on October 24, 2012 under Bankruptcy Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Small Claims Court is where civil cases are filed. Whether or not you can file in Small Claims Court depends on the maximum amount that one can recover in Small Claims Court. This varies from state to state. Your damages (the amount of compensation you are seeking in your lawsuit) would be the amount of the loan plus interest. If that total is within the jurisidiction (the maximum amount recoverable) in Small Claims Court, you can file your lawsuit there; if not, you will need to file in a higher court. Your damages should also include court costs which would be the court filing fee and process server fee.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.