Legal Question in Civil Litigation in California
Small Claims Question
Is it possible to ask for punitive damages with a small claims suit? i.e. someone who owes me money and has continuously put me off on the debt for about six months - can I ask for ounitive damges as well as the amount owed to me?
Thank you
3 Answers from Attorneys
Re: Small Claims Question
You can't get punitive damages on a breach of agreement claim. However, you're entitled to interest at the legal rate of 10% annually if you can show that payments should have begun but never did. Good luck.
Re: Small Claims Question
Punitive damages are theoretically available in small claims court, but generally are not awarded except where the defendant violated a statute which specifically provides for them -- for example, where a landlord refuses in bad faith to return a renter's deposit (Civil Code Section 1950.5) or when a defendant writes a bad check (Civil Code Section 1719).
Even if your case was in a court of general jurisdiction, you would not be able to obtain punitive damages in a typical debt collection case. Such claims are for breach of contract, and punitive damages are not available in most types of contract cases.
Re: Small Claims Question
NO. You may be entitled to interest in a loan case, if it was provided for in the loan documents.
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