Small claims case in california?

Question

can i file a small claims suit for pain and suffering and emotional distress against someone because i had to hire and attorney to defend me against criminal charges that someone pressed on me, and later i was found not guilty by a jury.

As long i dont go over the $7500 limit for california small claims

Answer 1

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Q: "Small claims case in california? can i file a small claims suit for pain and suffering and emotional distress against someone because i had to hire and attorney to defend me against criminal charges that someone pressed on me, and later i was found not guilty by a jury.

As long i dont go over the $7500 limit for california small claims"

A: The quick answer to your question is "Yes.  You can file a suit but it may not have any merit."

Generally, the small claims process is intended to make a wronged party financially "whole."  Small claims court judges rarely award for "pain and suffering" and "emotional distress."  However, legal fees incurred to defend against a basless claim might be awarded if you could prove that there was no real factual basis for the criminal charges-- and the person accusing you knew it.

That you were found "not guilty" is not enough for you to win a case in civil court.  O.J. Simpson was found "not guilty" of murder in a criminal court but then found to be responsible for wrongful death in a civil court.  Where you are going to small claims court-- a civil court-- the defendant in your case will only have to show that they reasonably believed there was a factual basis supporting the complaint filed against you.  The judge will only have to be a little over 50% convinced that the defendant in your case acted reasonably.

Try contacting Judge Judy.  It just may be that your case is something they'd like to have on their show.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]