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    fedupinsc71's Avatar
    fedupinsc71 Posts: 2, Reputation: 1
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    #1

    Oct 19, 2010, 06:34 AM
    My brother beat me severely can I sue him in small claims court
    We were @ our parents for his daughters birthday party when he got pissed off started throwing my dads things around, my dad told him to cool it, he then pushed my 73 y/o dad down and I pushed him(brother) off him(dad) and my brother came after me and started kicking and punching me in the back, ribs, and head. I left, the police arrived made a report so I could have him arrested if I chose. I want to know the maximum amount I can sue him for in small claims court in South Carolina for the bills and pain and suffering. Thanks for any help or suggestions.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 19, 2010, 06:39 AM
    Quote Originally Posted by fedupinsc71 View Post
    so I could have him arrested if I chose. I want to know the maximum amount I can sue him for in small claims court in south carolina for the bills and pain and suffering. Thanks for any help or suggestions.
    Hello f:

    The max in South Carolina is $7,500. If you want to INSURE victory, have him arrested.

    excon
    fedupinsc71's Avatar
    fedupinsc71 Posts: 2, Reputation: 1
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    #3

    Oct 19, 2010, 07:10 AM
    Comment on excon's post
    Thanks excon. It happened in aug of this year the sherriff's dept says I can still have him picked up, do you know if this is correct?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 19, 2010, 07:22 AM
    Quote Originally Posted by fedupinsc71 View Post
    do you know if this is correct?
    Hello f:

    Probably not. It's not up to YOU to press criminal charges. It's up to the cops. If THEY didn't arrest him then, I doubt they'll arrest him now..

    But, of course, cops don't make any sense to me. Never have.. So, if THESE cops are telling you that, then I'd take 'em up on their word.

    excon
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    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 19, 2010, 01:52 PM
    Quote Originally Posted by excon View Post
    Hello f:

    Probably not. It's not up to YOU to press criminal charges. It's up to the cops. If THEY didn't arrest him then, I doubt they'll arrest him now..

    But, of course, cops don't make any sense to me. Never have.. So, if THESE cops are telling you that, then I'd take 'em up on their word.

    excon
    I'm guessing that the cops back then didn't think it necessary to bother with the paperwork to take it to court but, if you want they will. Then, if a warrant is issued they will pick him up.

    Excon was suggesting you get him arrested so that he can't defend the civil (small claims) case. That doesn't seem fair to me. But, if playing fair is not important to you, it might be useful.

    Or he might also mean that if your brother-in-law pleads guilty to assault and battery, that portion of the small claims case would be considered proven (res judicata is the Latin term). True, all you would need to prove would be damages.
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