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    KIM BURGERS's Avatar
    KIM BURGERS Posts: 5, Reputation: 1
    New Member
     
    #1

    Feb 6, 2016, 10:58 AM
    Key amount for a Va. Suit to have the opposing co. just settle.
    WHAT IS THE MAGIC NUMBER TO ASK FOR IN A VIRGINIA LAW SUIT? I figure the place where the law suit is filed is the place where the offense took place. If I ask for damages that just about equal the amount the company I am suing would have to pay for a lawyer to represent them in court they would be likely to settle without having to pay anybody but me. I'm damaged in the amount of $500- is that the magic number?
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #2

    Feb 6, 2016, 11:51 AM
    What is the $500 loss? There is no "magic number" in a tort. However, most lawyers would not take a case with a $500 loss. That is for small claims court where you represent yourself. Do you have substantive data for your loss? You can ask anything you want but be aware that courts are starting to get tougher on frivolous claims, i.e. asking for $2 million with a $500 loss.
    Dchdman's Avatar
    Dchdman Posts: 226, Reputation: 17
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    #3

    Feb 6, 2016, 12:38 PM
    Hello

    This actually is a question that we can't answer without knowing what the damages are or what when down , then we could tell you if $500 dollars is maybe too much or too little.

    I mean from what I know around 50 states have the limit of up to $10,000 within small claims courts.

    So like I said what happened.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 6, 2016, 03:04 PM
    ... I'm damaged in the amount of $500 ...
    You're damaged all right: morally. Suing someone for an amount calculated to elicit settlement so as to avoid the cost of a lawyer is just plain wrong.

    If you do that, I hope you get the book thrown at you.

    Quote Originally Posted by Dchdman View Post
    ...
    I mean from what I know around 50 states have the limit of up to $10,000 within small claims courts.....
    Incorrect. Small claims limits vary considerably from state to state.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 7, 2016, 02:01 PM
    As your first reply stated there is no "magic number". Many businesses have staff attorneys so the only cost to them is court costs. Many companies will stand fast against frivolous claims even if it costs them more. Plus, they can counter sue for their court costs.

    Also as noted, $500 is well within most small claims courts, so you wouldn't get to sue in a civil court. And few lawyers will take such a case anyway.

    If you want more help with this, tell us the circumstances, why you think you were wronged and how you were damaged.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #6

    Feb 8, 2016, 02:04 AM
    Unless you have a valid case, there is no magic number.
    If they think they will win, in small claims there is no attorney. Things in the 1000's even. So they merely have a partner or manager come in and testify.
    Many companies also have an attorney on staff or retainer, to deal with issues.

    Businesses that have morals, don't deal, they would rather spend 3000 to win a 500 case at times.
    talaniman's Avatar
    talaniman Posts: 53,879, Reputation: 10852
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    #7

    Feb 8, 2016, 04:07 AM
    Forget the magic number to intimidate a settlement. Make sure you have a solid case first. Do you? You still have to convince a judge.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #8

    Feb 17, 2016, 03:49 AM
    This may not go as easily as you believe it will. Last year, my husband was the subject of a lawsuit in Virginia with an inflated claim that was clearly designed to elicit a settlement from our insurance company. Our insurance company could have settled this pretty cheaply, but they chose to make an example of this guy and show what happens when people try to screw them over. Most companies will not hand out money to make you go away, especially if your case is weak or lacks merit.

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