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.
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I wish you and yours the best in 2015,