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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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I have 2 lawsuits to file in small claims court against my

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I have 2 lawsuits to file in small claims court against my former partner. The fist is for an agreement to pay me $23K in writing. He paid about half then stopped. The second is for a client we sued and the settlement was paid to our attorney but he won pay to the LLC without a court order. My partner withdrew from the case and I paid all the legal so I need the court to order my partner to pay 1/2 of the legal and our attorney to release the$4k settlement. Since the 1st is for $12K and the other is for a $4k settlement, how can I file as they together will exceed the $12k PA limit? Also, when does the 4 year law of statues timer start..when the agreement was signed or when he stopped paying?

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You unfortunately cannot request $16,000 in Small Claims Court. The claims can be filed together in the Court of Common Pleas, or you can file them separately as two small claims cases.

The statute of limitations starts to run when he stopped paying, because that's when he breached the agreement. You couldn't have sued before that.

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Do you have any questions about this?

Customer: replied 2 months ago.
if I file them separately , any time restriction on how long between each?

No, there isn't. You could even file them at the same time, as two separate lawsuits. They just have to be based on different sets of facts to be filed separately.

Customer: replied 2 months ago.
34;different set of facts" - I have 2 sue him for a breach of a not paying me then also for him to give me in writing half of the lawyer expenses from another lawsuit and to release the $4k reward. What/who determines if these are 2 separate cases?

The judge will look at whether the lawsuits arise out of the same "Transaction or occurrence." That starts with a look at all the facts of each case. The judge will also consider whether the same evidence is used to prove both cases, the same witnesses, and things like that.

The money from the settlement for a client you sued doesn't sound related to the original contract between you and your partner.

Customer: replied 2 months ago.
Actually, my partner withheld money to pay the lawyer and also stopped paying what was owed to me so i will show evidence through the same bank stmts, so is this common evidence?

Bank statements are very common in business disputes. But if you're looking at different line items on the statements, you can argue that it's a separate transaction or occurrence.

You could also avoid any issues and file both cases at once in the general civil court.

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