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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37676
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I have a court date in magistrate court in Brooke county wv

Customer Question

I have a court date in magistrate court in Brooke county wv on 6-5-2015. I am seeking 5000.00 for shoddy work . Since I filed my complaint ,other issues have come up . Can I take the contractor back to court again, if the judgement is in my favor? I can only ask for 5000.00 in magistrate court. My repairs are now more to fix all the problems I now have , because of his work that was not done correctly.
Thank you
Sharon mcfadden
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.
Good evening,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
You cannot split up causes of action such that you sue for $5,000 for some problems now and sue later for more money. You must sue for all damages which were in existence at the time of the filing of the lawsuit.
If you have since determined that you are entitled to more damages, and you have reached the maximum allowed in small claims court, then you will need to file a motion to remove the small claims case to a higher court (Circuit Court) based on newly discovered evidence. You would file the amended complaint in the new court seeking more than the statutory limits that small claims/Magistrate allowed you to sue for.
If you go through with the small claim action now, you will lose the ability to sue again for anything that predated the filing of your original complaint.
Only if the contractor has continued to do work for you since you file your suit was first filed, and more/new mistakes have been made entitling you to more damages, would you be allowed to sue again in small claims court.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,