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Additional info for Everybody's Guide to Small Claims Court, 13th Edition

Sample text

Many small claims courts limit the types of cases they will decide in addition to restricting the dollar amount of damages you can claim. For example, Rhode Island’s small claims court only allows breach of contract claims and claims by consumers for damages connected with retail products or services. Ask your small claims court clerk or review your small claims court’s rules to make sure your type of case can be heard. ) Below is a list of the most common legal theories and what you need to prove to establish each one.

36 | Everybody’s Guide to Small Claims Court Example 5: Ben, a landlord, sued John, the parent of one of his tenants, for damage John’s daughter and her roommates did to their rental unit. John was sued because he had cosigned his daughter’s lease. Ben easily convinced the judge that the damage had, in fact, occurred, and the judge seemed disposed toward giving him a judgment for the $980 requested, until John presented his defense. John showed that the lease between his daughter and the landlord had been rewritten three times after he originally cosigned it and that he had not added his signature to any of the revised versions, one of which involved replacing several of his daughter’s original roommates with others.

If your contract involves fraud, undue influence, or a simple mistake ($2,000 was mistakenly written as $20,000), you may have a right to have the contract ended or rewritten or to get your goods back under the legal doctrine of equitable relief. ) Property Damage Cases Another category of small claims disputes involves a claim that a defen­ dant negligently (carelessly) damaged the plaintiff’s property. Less often, the plaintiff claims that the defendant intentionally damaged his or her belongings.

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