View Full Version : What happens when a small claims case should really be more?
bliig720
Jun 13, 2008, 09:39 AM
I have submitted all the paperwork for a small claims case and in the past couple of days I have been doing my homework and am finding now that I might have a case larger than what small claims handles.
Is it possible to switch venues and get a lawyer? The statue of limitations runs out today on my civil suit. Would a lawyer even touch this? I have read all I can about the Statute of Limitations and it sounds like it is basically a rule that is in place so that things don't drag on forever and get old. I feel like the company I am dealing with did drag this out until now and now that they are under the wire to settle they are hoping I am dumb enough to not know the rules.
I am hoping to receive an honorary law degree after all this (or maybe even go back to school and pursue law.) There are lots of crooked people out there and justice needs to prevail...
Thanks for your help!
progunr
Jun 13, 2008, 10:03 AM
In order to move this up to civil court, you will have to hire an attorney first.
He or she can advise you as to how to withdraw the small claims suit and re-file it as a civil court case.
bliig720
Jun 13, 2008, 10:06 AM
In order to move this up to civil court, you will have to hire an attorney first.
He or she can advise you as to how to withdraw the small claims suit and re-file it as a civil court case.
Thank you. I think I did read this someplace. I will have to do some more investigating before making this move... I appreciate your help!
JudyKayTee
Jun 13, 2008, 10:48 AM
[QUOTE=bliig720]I have submitted all the paperwork for a small claims case and in the past couple of days I have been doing my homework and am finding now that I might have a case larger than what small claims handles.
Is it possible to switch venues and get a lawyer? The statue of limitations runs out today on my civil suit. Would a lawyer even touch this? I have read all I can about the Statute of Limitations and it sounds like it is basically a rule that is in place so that things don't drag on forever and get old. I feel like the company I am dealing with did drag this out until now and now that they are under the wire to settle they are hoping I am dumb enough to not know the rules.
I am hoping to receive an honorary law degree after all this (or maybe even go back to school and pursue law.) There are lots of crooked people out there and justice needs to prevail...
If the statute runs out today, no, I don't think an Attorney has the time to research, perhaps extend the time and pursue the matter.
Also many Attorneys will not handle a case which has been started by a "lay person" - you may have made statements or admissions which could possibly hurt you and which he/she will have to attempt to mitigate.
Let me know how the honorary degree works out for you - I don't know how it is right now in other States but at one time in NYS you did not have to go to Law School to practice law. You had to pass the Bar Exam and Ethics Committee and then you were good to go.
More than a few people did just that.
bliig720
Jun 13, 2008, 10:57 AM
[QUOTE=bliig720]I have submitted all the paperwork for a small claims case and in the past couple of days I have been doing my homework and am finding now that I might have a case larger than what small claims handles.
Is it possible to switch venues and get a lawyer? The statue of limitations runs out today on my civil suit. Would a lawyer even touch this? I have read all I can about the Statute of Limitations and it sounds like it is basically a rule that is in place so that things don't drag on forever and get old. I feel like the company I am dealing with did drag this out until now and now that they are under the wire to settle they are hoping I am dumb enough to not know the rules.
I am hoping to receive an honorary law degree after all this (or maybe even go back to school and pursue law.) There are lots of crooked people out there and justice needs to prevail...
If the statute runs out today, no, I don't think an Attorney has the time to research, perhaps extend the time and pursue the matter.
Also many Attorneys will not handle a case which has been started by a "lay person" - you may have made statements or admissions which could possibly hurt you and which he/she will have to attempt to mitigate.
Let me know how the honorary degree works out for you - I don't know how it is right now in other States but at one time in NYS you did not have to go to Law School to practice law. You had to pass the Bar Exam and Ethics Committee and then you were good to go.
More than a few people did just that.
Thank you again for your reply. I was kidding about the honorary degree... I have just never researched more about laws in the past week. I will have to continue my homework to see what I can do. I think handling it myself will end up to be just fine if that is what I have to do. I have pretty much had my "ducks in a row" (so to speak) since the beginning - the company I am in suit with is just not easy to deal with. Again, thanks.