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In small claims court, what is the max $$ you can sue for?
I live in Washington state. What is the max I can sue someone for in small claims court? If I sue someone for more than the amount allowed in small claims court can I represent myself or am I required to have a lawyer?
The case I have is pretty cut and clear. Divorce papers said the spouse was awarded a vehicle and had to pay the loan for that vehicle. The spouse did not pay, and the vehicle was repossessed and sold at auction. There was an outstanding balance after the vehicle was sold. The finance company sued for the balance and was awarded payment, but is getting it from me because the spouse was not employed at the time of the finance company being awarded payment.
Both of our names were on the loan. Basically the finance company just wants their money, and goes after who ever has a job. The ex had notification of the law suit because the vehicle was in their name, and never contacted me. No one showed up in court, so there was no knowledge of the divorce decree involving the vehicle.
4 Answers
- Shorty54Lv 48 years agoFavorite Answer
If you want to sue for more than the $5,000 max authorized by Small Claims court, you can do so in regular court by representing yourself Pro-se. Depending upon the county in which you reside, the court may have a handbook that explains self-representation.
In regards to you being held liable for your spouses debt ... the only way that can legally happen is if you signed as co-signer on the vehicle loan. If your signature is on the original loan document, regardless of what's stated in the divorce decree, YOU are liable ... A family law judge's ruling cannot supercede the agreement of the original contract/promissory note. However, if the promissory note is not in your name, then you are right, your case will be clear cut and with a little study time on pro se representation, you should prevail.
- 8 years ago
Was your name still on the title for the car or the loan? I'm still unclear how the finance company was awarded payment, it sounds like you didn't go to court and they were awarded a default judgment. How are they getting the money from you, wage garnishment? It could have been because they sued the husband and he didn't show up, but I don't think that makes you automatically responsible unless you are on the loan too.
As for the maximum, it usually depends on the entity being sued, individuals usually 5K in most states and a business typically 10K. You don't need a lawyer for small claims and they aren't allowed by either side unless the person involved is a lawyer, even then they are required to register once they are in the court room.
- LandlordLv 78 years ago
Actually there already is a law suit naming the car, so you can't get a second case. You take this up in the court room that made the original order.
- Floptop42Lv 78 years ago
Great questions for a lawyer. Most offer a 1/2 hour free consultation.
5k is the typical max but find the correct info below.
