Complaint For Declaratory Judgment And Injunctive Relief In Pima
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FAQ
Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
Small claims court is worth it when you know you are deterring someone from potentially harming others the same way they harmed you. You may also want to help others determine whether to do business with that person or corporation in the future, as court decisions are part of the public record.
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
A civil action filed in a limited jurisdiction court is a claim against another party for damages of an amount up to $10,000.00. These lawsuits are designed to resolve civil disputes before a justice of the peace. Parties in a civil lawsuit may be represented by attorneys and appeal their case to a higher court.
Small claims suits cannot exceed $3500, excluding interest and court costs. Small Claims is an informal method of resolving civil disputes; formal rules of procedure do not apply.
In other words, the declaratory judgment results in a ruling on the legal issues, while injunctive relief is the action taken based on that ruling. A plaintiff will seek permanent injunctive relief.
A preliminary injunction is an interlocutory order issued by a judge early in a lawsuit to stop the defendant from continuing their allegedly harmful actions, or commanding them to act in a certain manner to preserve the status quo before the final judgment.
So in an injunctive relief suit the Plaintiff is claiming the other party is doing wrong and needs to be corrected. When you seek a Declaratory relief you are asking the Court to state essentially what right and wrong are, to make clear what the correct standard is.
The thesis has intuitive appeal. Because an injunction is a court order, a violation of which can result in a sanction, it seems “stronger” than the declaratory judgment, which only sets out the relative legal positions of the parties.
