Im suing my mother for $3,000 on a loan that she owes me, I'm also suing her for pan and suffering for physical and emotionally abuse.. now the quastion is for how much can I sue her in pain and suffering, what's the maximum amount in ny

You can generally only sue for pain and suffering if the person causes you injuries (car accidents, trip and fall, that sort of thing). If she owes you money and hasn't paid, that's generally not grounds for getting pain and suffering. It may be frustrating, but it's just part of life, not something you can get paid for.

$5000 in the state of New York is the statutory maximum. So you can sue for $2000 in pain and suffering, and $3000 for the debt that your mother owes. But I must warn you, it's hard to get damages for pain and suffering. If your injuries are physical then you will probably win your case, if you bring medical bills, police reports, and witness statements(notorized), but if it is emotional you have to prove how it affected your life. And even in that case, because emotional distress is not a measurable action the judge can order the defendant to pay a token amount like, one dollar.

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Originally Posted by fjsmith81

$5000 in the state of new york is the statutory maximum. So you can sue for $2000 in pain and suffering, and $3000 for the debt that your mother owes. But I must warn you, it's hard to get damages for pain and suffering. If your injuries are physical then you will probably win your case, if you bring medical bills, police reports, and witness statements(notorized), but if it is emotional you have to prove how it affected your life. And even in that case, because emotional distress is not a measurable action the judge can order the defendant to pay a token amount like, one dollar.

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You cannot sue for pain and suffering on a contract debt - which is what this is.

I am in NYS and this is the law.

There are instances where you can sue for pain and suffering on a contract debt when it is a contract breach and a tort. It does vary from state to state. But, unfortunately in the state of New York you can not sue for pain and suffering in small claims court at all, whether it is attached to a contract breach.
Litigants
I have attached a link that will be beneficial to the OP.

In MOST small claims courts you can't sue for pain and suffering. Small claims courts are set up to recompense people for a quantifiable monetary loss.

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Originally Posted by fjsmith81

There are instances where you can sue for pain and suffering on a contract debt when it is a contract breach and a tort.

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In other words you can only sue for pain and suffering where there is a tort. So you can't sue for a breach of a contract debt. Which is what Judy said.

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Originally Posted by fjsmith81

There are instances where you can sue for pain and suffering on a contract debt when it is a contract breach and a tort. It does vary from state to state. But, unfortunately in the state of New York you can not sue for pain and suffering in small claims court at all, whether or not it is attached to a contract breach.
Litigants
I have attached a link that will be beneficial to the OP.

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"Contract breach" and "tort" are two different things, like apples and oranges.

Here's the legal definition of a tort: "A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed." There are various other "factors" involved which I'm not going to bother to post because they have little to do with this thread but I can if you would like to see them.

Your statement that "there are instances where you can sue... on a contract debt when it is a contract breach and a tort" makes no sense.

Please don't just post the face page for the NYS Court system - what specific section are you referencing?

Thank You all for your response.. im going to take my case to an attorney... again thank you