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FAQs - Details

Question

FOR HOW MUCH MONEY SHOULD I SUE?

Answer

Sue for the sum of money which represents your loss or the damage caused you. For example, if the washing machine you just bought for $400.00 does not work and the store refuses to repair it or refund your money, sue for $400.00 plus court costs and judicial interest.

Details

On a promissory note or open account, sue for the current balance due, plus interest and court costs. You must sue for the full amount when you file the original pleadings. If you decide later that the defendant actually owes you more than you sued for, it will be necessary for you to file an amended or supplemental petition. You will have to hire an attorney to prepare this petition for you.

If you receive a judgment in your favor, you can claim interest on the sum of money owed running from the date you originally filed suit until the money is actually paid. This is known as "judicial interest" and the rate is fixed by law.

Court costs are usually but not always assessed against the losing party. However, if you file suit and then agree to an out-of-court settlement, you must still pay the court costs even though you drop the suit.

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