Can I sue my landlord for treble damages for a wrongfully withheld security deposit even if the treble damages (as opposed to the amount withheld) would exceed the jurisictional limit ($7,500)? My landlord withheld $6,000, so the question is whether the small claims court can award that amount plus three times as much.
Asked on 11/27/10, 1:23 pm
1 Answer from Attorneys
James Sanchez
Law Office of James V. Sanchez
Jurisdictions of the three levels of court, small claims, limited civil (formerly municipal), and superior, are, in part, based on the value of the remedies sought, not awarded. If you make a claim for more than $7,500, and less than $25,000, you are in the limited civil arena based on the money levels involved. However, there are also subject matter issues that decide which courts jurisdictions are involved.
Answered on 12/02/10, 2:53 pm
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