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Can I file a complaint if a magistrate in a small claims case made an error regarding the law?

Norwalk, CT |

My case in small claims court against my Landlord for double my security deposit plus interest was dismissed by the Magistrate, who said there is a $5,000 maximum for small claims cases. I asked about the exception for security deposit cases. He said there are no exceptions. Case dismissed! What should my next step be? This seems so unfair. I drove several hours to get to and from court today for the hearing. Do I have any recourse? Thank you.

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Attorney answers 1


Unfortunately, a small claims judgment cannot be appealed. However, you may ask the court to open the judgment, which is what I suggest you do. You have a limited amount of time to do this so I would do it quickly. An attorney maybe be able to draft the motion to open for you for a nominal fee. It might be worth asking for a free consult. You may also want to write a letter to the Chief Court Administrator (Judge Barbara M. Quinn, Chief Court Administrator, Office of the Chief Court Administrator, Supreme Court Building, 231 Capitol Avenue, Hartford, CT 06106) regarding the magistrate's error, as does sound as if a significant error was made. Feel free to contact my office. Good luck.

Karen S. Poirier, Esq.
Holmes & Poirier
Family, Criminal, Landlord/Tenant and Personal Injury Lawyers
Serving Hartford, New London and Tolland Counties
67 Russ Street
3rd Floor
Hartford, CT 06106
Phone: 860-578-2946
Fax: 860-371-3818



Thank you so much for your help, Ms. Poirier!

Karen Stolp Poirier

Karen Stolp Poirier


Good luck. Feel free to email me directly if you have a question.

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