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  1. #1
    Join Date
    Apr 2012
    Posts
    11

    Default Can You Split a Claim to Avoid the Small Claims Court Cap on Damages

    My question involves small claims court in the state of: California


    My employer owes me $9,000.00 out of pocket expenses related to purchases and expenses made on his behalf. The number is too high for small claims, but too small to retain an attorney. Can I break down the expenditures and file 2 different claims?

  2. #2
    Join Date
    Jan 2006
    Posts
    20,743

    Default Re: Can I Break Down a Claim into Two Different Claims to Fit Small Claims Parameters

    well, aren't you the lucky one. I understand California raised their limit to $10k as of the first of this year.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Apr 2012
    Posts
    11

    Default Re: Can I Break Down a Claim into Two Different Claims to Fit Small Claims Parameters

    Thank you for your time.... The first good news on this front.

  4. #4
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Can I Break Down a Claim into Two Different Claims to Fit Small Claims Parameters

    If you have a grand to play with, add interest on the debt to your claim.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,066

    Default Re: Can I Break Down a Claim into Two Different Claims to Fit Small Claims Parameters

    Interest is not a number you fabricate and tack on to a claim. You have contractual interest, statutory interest (that allowed by a statute under which you're making your claim) or potentially common law interest, but whatever the basis of your interest claim it's something you calculate based upon the applicable rate, not a number you pull out of thin air.

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