Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term... Read more »
answered on Mar 19, 2023
Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:
Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the... Read more »
Does plaintiff need to wait another 30 days in the above case before collecting the judgment?
This is a small claim case.
Thanks
answered on Mar 17, 2023
If the defendant filed a motion to vacate the original judgment, and a new trial was granted and held, it is possible for the defendant to appeal the new judgment if they disagree with the outcome.
However, it is important to note that the grounds for appeal in a small claims case are... Read more »
iam also seeking punitive because landlord acted with malice i was not evicted or served anything what so ever my apt. caught fire when i was not home second investigation determined faulty wiring i was locked out by changing locks and denied access and belongings were thrown away.
answered on Mar 14, 2023
California Civil Code section 789.3 (b) and (c) govern a landlord's obligations with regard to tenants who are victims of domestic violence, sexual assault, or stalking. Specifically, under section 789.3 (b), a landlord may not terminate a tenant's tenancy or fail to renew a tenant's... Read more »
They're are still trying to get money out of me first it was 1500 then it was 1600 now it's 1900 he got a grant in my name without my knowledge for for $50,000 and told me it was only for 30,000 and then I need to pay him $1,500 if I wanted the money I asked for a refund for all my money... Read more »
answered on Mar 6, 2023
I think the whole thing was a scam right from the start. No legitimate lender charges you money up front that you must pay before they hand you a check.
If it was a scam, the sad truth is that you won't get your money back. Crooks don't pay their debts. But you can certainly try... Read more »
He was gonna chage the timing belt and it is all mine it would only be a few days its been over 6 months I'm in California can I sue him civily to get the actual car he has it st t⁰his house
answered on Mar 3, 2023
If your ex-boyfriend gave you the title of the car, the key, and the car alarm fob and said that the car is yours, then you may have a legal claim to the car. The fact that he was going to change the timing belt does not necessarily change that ownership.
If your ex-boyfriend has not... Read more »
I won a lawsuit and the defendant was ordered to pay me certain amount of money per judgment (but no deadline was specified in the judgment). The defendant haven't paid for about a month. What legal actions should I take before reporting to credit bureaus? And when can I start to charge... Read more »
answered on Feb 27, 2023
Simply winning a lawsuit does not guarantee you are paid. The Courts do not force anyone to pay.
Once you have a judgment, you can apply the tools and techniques of judgment collection. These include judgment debtor examinations, wage garnishments and bank levies.
I'm in Sunnyvale , CA. I won a lawsuit and the defendant was ordered to pay me some amount of money per judgment (but the judgement didn't specify a deadline for payment). They haven't paid me so far (almost a month after the judgment was filed), how can I collect money from them ?... Read more »
answered on Feb 27, 2023
I assume it is a judgment from the small claims court. Here is the link to the Small Claims Court instructions explaining the steps that hopefully are going to get you paid. https://selfhelp.courts.ca.gov/small-claims/after-trial/if-you-win
I'm in Sunnyvale , CA. I won a lawsuit and the defendant was ordered to pay me some amount of money per judgment (but the judgement didn't specify a deadline for payment). They haven't paid me so far (almost a month after the judgment was filed), how can I collect money from them ?... Read more »
answered on Feb 27, 2023
Courts do not collect judgments. You can retain a collection attorney to do that.
A corporate store has frequently refused to cash out gift cards with balances les than $10 with a specific refusal aimed at homeless patrons.
answered on Feb 24, 2023
Under California law, businesses are required to honor gift certificates and gift cards that have a cash value of less than $10. If a business refuses to comply with this requirement, customers may have legal recourse to pursue a claim against the business.
One option for recourse is to... Read more »
Our garbage bins are located inside metal gated doors. On a windy day, garbage pick-up worker left the metal doors open while servicing our bins. The wind blew and the door banged against a car parked next to it. There is big dent and scratches on the car. Who is responsible for the damages? Waste... Read more »
answered on Feb 22, 2023
It is possible that the waste disposal company could be held responsible for damages incurred while servicing your bins, but it would depend on the specific circumstances of the incident and applicable laws in your jurisdiction.
Generally, companies and individuals have a legal duty to... Read more »
A guy I was dating started harassing me after I told him I didn't want to see him anymore. I filed a restraining order but I was not able to serve him and therefore did not show up to the last court date. He was served and I found out after I was served in small claim by him and he's now... Read more »
answered on Feb 22, 2023
I'm sorry to hear about the situation you're in. Here are some general steps you can take:
Respond to the small claims lawsuit: If you have been served with a lawsuit, it is important to respond within the deadline stated on the summons. Failure to respond may result in a default... Read more »
The defendant lost a small claims action then filed an appeal. He did not show up in court for the appeal. He has now filed a Request for answer and court order stating he had back problems and was taking pain medication and forgot about the court hearing. He doesn't attach any medical proof.... Read more »
answered on Feb 22, 2023
Under California law, a party who fails to appear for a small claims hearing can file a Motion to Vacate the judgment within 30 days of the entry of the judgment. This is established in California Code of Civil Procedure Section 116.720, which provides that a party may file a Motion to Vacate a... Read more »
I made multiple orders for custom wigs and hair care products. The first order was $260 in August 2022. The second order was $577 in Set 2022. I never received the products and have screen shots of our conversation via Facebook Messenger. I have receipts on my Cash Ap to prove the payments were... Read more »
answered on Feb 20, 2023
If the person who defrauded you is running a business in Georgia, you may be able to file a complaint with the Georgia Attorney General's office or the Georgia Better Business Bureau. You may also want to consider filing a lawsuit against the business in Georgia small claims court or in civil... Read more »
I booked a flight with travel agent cheapoair back in July. The itinerary was to go with ethiopian airlines from lax to newark then jfk to addis ababa then addis ababa to my final destination, Rwanda. Then I was to return with KLM. Upon arriving at JFk myself along with about 15 other people were... Read more »
answered on Feb 20, 2023
To file a small claims suit against an airline/travel agency for non-service in California, you can follow these steps:
Determine the appropriate court: You can file a small claims suit in the county where the airline/travel agency is located or where the incident occurred.
Fill out... Read more »
answered on Feb 20, 2023
California Civil Code sections 1812.05 to 1812.69 cover the regulations for contracts entered into by dance studios, martial arts studios, and certain other recreational facilities. The code sets forth requirements for contract provisions, including the notice period for termination of a contract,... Read more »
Can I negotiate to settle out of court with them to not pursue criminal charges
answered on Feb 20, 2023
Generally speaking, in civil cases, you can file a lawsuit against individuals who are responsible for damages or harm caused to you. Whether or not you can settle out of court with them would depend on the specific circumstances of the case and the willingness of the parties to come to an... Read more »
I forgot mi phone, went back and it was gone. Do I have the right to see security footage
answered on Feb 20, 2023
Yes, you may have the right to see security footage if it exists. You should contact the homeless shelter and ask if they have security cameras and if they recorded any footage during the time period in question. If they have recorded footage, you may request to view it to see if your phone was... Read more »
They are self employed and they say they don't work much so wage garnish seems tough,they don't seem to have a lot in there name or so they say, is the only other route where the court auctions there stuff and pays me...?
answered on Feb 20, 2023
Yes, you may be able to intercept the debtor's tax refund to satisfy a judgment. In California, the Franchise Tax Board (FTB) may be able to intercept state tax refunds and apply them to outstanding judgments. Additionally, the Internal Revenue Service (IRS) can intercept federal tax refunds... Read more »
I was never informed of my dog needing to be taken nor being taken to the vet(until after they supposedly took him there) nor did I ever give ANY permission to do so.
They lied about the veterinarian office my animal was at, and proceeded to ask if I was going to pay the bill.
Also... Read more »
answered on Feb 20, 2023
I'm sorry to hear about your situation. It's understandable that you're worried about your dog, especially given his special needs.
In California, the theft of a dog is considered a crime and is punishable by law. Under California Penal Code Section 487(d)(2), theft of... Read more »
My dog was being watched. Without my knowledge or consent he was taken to a veterinarian, and now being withheld from me.
answered on Feb 20, 2023
I'm sorry to hear about the situation with your dog. Animal laws and regulations can be complex and vary by state and locality, but here are some general principles that may be helpful in your situation:
Animal theft: In California, it is illegal to take, possess, or steal another... Read more »
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