Legal Question in Family Law in California
Small claims
My daughter's exboyfriend is awaiting trial on stalking my daughter and assault with a deadly weapon. I have expenses from the damage and loss of work etc. What do I need to sue him in small claims and do I need copies of police records where he admits doing damage to my Jeep. Can I get the maximum?
Thank you,
--name removed--McAllister
2 Answers from Attorneys
Re: Small claims
You just go to the local municipal court for the jurisdiction where he lives and go to the small claims court clerk's office and fill out the papers. Yes, the police report would be useful as they will usually allow hearsay in small claims, but it would be better to subpoena the police officer and have him testify to the admission. If he maliciously damaged your vehicle, you can sue him in small claims for as much as $5,000. If the damage is less than that, you can also ask for additional punitive damages for an intentional tort, up to the legal maximum of $5K. Also, as part of the criminal prosecution, if he is found guilty he will likely be ordered to make restitution to all injured parties, including you. So, this will be a separate avenue of potential recovery for you, but you still might want to get a judgment against him now, anyway. Keep in mind that you cannot have a lawyer in SC court, but this sounds like a pretty simple case.
Re: Small claims
there is a victim witness program that should be able to assist you in this matter. Contact the court clerk and ask for information regarding the victim witness program.
If for some reason victim witness cannot help you then you can use the police report in samll claims court to get a judgment. Most small courts have a clinic which will assist you in the preparation needed to your present your case.