Can I sue for punitive damages in small claims court if I can prove fraud?

UPDATED: Jul 1, 2014

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Can I sue for punitive damages in small claims court if I can prove fraud?

The potential defendant forged my signature on a couple of 2-party checks of which I was one of the listed payees; the defendant was the other. They deposited/cashed the checks and still have the money. The total amount was over $5k

Asked on July 1, 2014 under Business Law, California


Maury Beaulier /

Answered 8 years ago | Contributor

No.  In Conciliation Court you must demonstrated actual damages, punitive damages would not be avialble 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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