What am I wrong about? I do this for a living. I do draft complaints for a law firm daily because itâs part of my job.
Why are you reading into what I write what you want? Where did I say that you can âuse the small claims to file a suit that is worth more than whatever balance you are bound by for state lawâ? I am not even sure what the sentence you wrote means.
As to claim you file, generally speaking you can sue for monetary damages AS WELL AS inflicted emotional damage, pain and suffering, which are TWO DIFFERENT THINGS. For example, if you get into car accident and get injured, you can sue for your property damage (amount of the cost of repair) AND for bodily injury, which includes costs of medical treatment AND lost wages AND pain and suffering endured as a result of the injury. Itâs up to you what amount you sue for. If you want you can sue for lost wages only (time you lost from work pursuing the case Pro Se) and for emotional distress. You donât HAVE to sue for large amount in large claims court, itâs your choice where to sue and for what amount.
Finally, filing a LARGE TORT claim is not as difficult as you may imagine (I draft those daily). Rules of Evidence are stricter at Trial, true, but this only means that you must present relevant evidence (not a hearsay), and you have to stick to Courtâs schedule and do some extra filings (like Discovery, appointment of experts in Circuit Court, preparing for pre-trial conference or mediation). But filing Circuit Court lawsuit per se for $250,000 bodily injury claim takes less time than doing the same in the District Court, because you donât have to do 10104 (intent to introduce meds), itâs one page document with demand of Jury Trial. But then you go through discovery, appoint any of your experts and follow Rules of Evidence if you present your case in court.
As to âsuing someone opens you to counter suingâ, yeah, good luck to Bentley Motors counter-suing an average Joe Six Pack for suing them. Even if they win million dollar Judgement,(average Joe would have to come and rape in person General Manager along with all the employees of dealership in order to get such a verdict against himself from the Jury in the Circuit Court) good luck on collecting it! And what exactly will dealer counter-sue for if dealer is sued for swindling and fraud? If dealer engaged in fraudulent bait-and-switch (or that is what Complaint alleges prior to Trial), what will dealer counter-sue the customer for? For bringing a lawsuit against them? You must have some GROUNDS to sue, you canât sue just for the sake of counter-suing, or your counter-suit is moot. But letâs say you do totally frivolous counter-suit just for the sake of counter suing. Again, see above, GOOD LUCK COLLECTING YOUR JUDGEMENT EVEN IF YOU BRIBE THE JUDGE IN YOUR FAVOR AND WIN. But, as a dealer rest assured, you will PAY hundreds if not thousands of dollars to your expensive Bentley Motors representing attorneys to defend yourself against any claim, small or large. It wonât cost you just $50 to get away with it.
Stop arguing on this, you have no clue what you are talking about. Stick to your trolling and see where it leads you.