Legal Question in Civil Litigation in Texas

If I have sustained more than $5000 in damages can I still sue in small claims c

I live in an apartment. The upstairs resident's washer overflowed causing @ $7000 in damage to my property. Can I sue in small claims court for $5000 in damage and cut my losses? Can I present evidence of damage over $5000 in court? I cannot afford the upfront cost of an attorney.


Asked on 9/25/02, 5:15 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: If I have sustained more than $5000 in damages can I still sue in small clai

Absolutely not. If you file there, the judge will throw it out at the hearing. Anything over $5,000 and you've exceeded the jurisdictional limits of the Court. The size of the claim is based upon the facts of the claim.

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Answered on 9/25/02, 5:30 pm


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