Tuesday, February 24, 2015

If either a person wins or looses in a small claims court for breach of contract, Can a person also sue and take the case to a higher court ...

Question

If either a person wins or looses in a small claims court for breach of contract, Can a person also sue and take the case to a higher court as well?



Answer

If the claims are based upon the same contract, damages, facts and circumstances NO. The second suit would be barred as res judicata which basically means the matter has already been adjudicated and cannot be adjudicated a second time.



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