How much money do I ask for when filling out a claim form for false arrest?

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How much money do I ask for when filling out a claim form for false arrest?

I was arrested for an outstanding warrant for a traffic violation, however, the court dropped the case a year prior. Unfortunately they never retracted the warrant. Consequently, when I called 911 regarding trespassers on my property, I was arrested instead. I spent the whole evening and morning in county jail. As soon as I was released I contacted the courts and it was their error. I was given a clam form to fill out for damages. I just don’t know how to fill it out or how much to ask for, or how much they would even be willing to pay? I don’t want it to drag but I think they should pay. My work was notified.

Asked on March 22, 2011 under Personal Injury, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would consult with an attorney on the matter before you fill out the claim form. It is difficult for anyone to give any guidance on the matter without seeing the form in front of them.  And your case really needs to be assessed by speaking with you on the various factors involved that relate to your life specifically.  I am afraid that if you fill out the form that you may preclude yourself from bringing an action later on should there be additional fall out from the matter (like your losing your job).  Although if it is a release of sorts and a good lawyer could try and have it set aside because you were not represented by counsel when you signed it there is no guarantee that that argument would win.  Get help.  Good luck.


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