Legal Question in Civil Litigation in Tennessee

Civil law vs Small Claims

Hello

I hired and have paid a grading contractor more than 3/4 of the the job.

The retaining walls this contractor has built are buckling and unsafe. Local building codes have come out and inspected walls and the contractor failed to file for a building permit.

In filing a small claims I can sue for up to $7500.00 which will get my money back and pay for some of the material used but it will not cover the cost to bring the wall down and re-contruct it.

Can I file a small claims to lock this company up in selling or transferring names and then proceed into a civil law suit to cover the damages I incurr?

I appreciate your time and look forward to hearing from you.


Asked on 3/28/06, 9:10 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Civil law vs Small Claims

The court will require that any claims made against the same person that stem from the same indident be combined into the same suit. If your total damages exceed $7,500, then you may wish to file in the Court of Common Pleas, in which there is no cap on the amount you sue for. It is a more complicated procedure however and you would be better off with legal representation if you go that route. Good luck.

Read more
Answered on 3/28/06, 10:41 am


Related Questions & Answers

More General Civil Litigation questions and answers in Tennessee