Submitted by mitchmcc on Fri, 02/26/2010 - 06:44
Posted in
Is it possible to sue for punitive damages in small claims court?
I'm taking Dell Financial to small claims for charging a late payment fee because I made my payment too early - 27 days early is apparently considered the same as late.
I have already sent a 30 day demand letter so that I can seek triple damages but would like to make every effort possible to dissuade Dell from this sort of action in the future. This is a matter of principal for me - I am sick and tired of being treated like this by big business and I'm mad as hell and I'm not gonna take it any more! I would like to make this sort of practice as unprofitable as possible for companies like Dell (and pretty much every bank in the country!)
If punitive damages are not permitted in small claims, how difficult is it for a layman to pursue this sort of case in "big boys court". Without punitive damages its a small case and I can stand to not win back my $29. I have been to small claims three times and I'm 3 for 3. I won my last case for $2,000 against Aer Lingus and their specialist aviation law attorney so I'm confident of my ability to make and argue a case. Obviously, I'm not so clear on procedural issues.
Thanks
Mitch
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Editor's Response
I think the key issue is whether the statute you are seeking damages under allows punitive damages (as required in MA if you want to collect them). 93A does not (but, as you know, you can get the triple damages).