Lawyers, Answer Questions  & Get Points Log In
California Small Claims Questions & Answers
3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
View More

View More Answers

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 10, 2024

It's not clear that ANY law enforcement agency will care about this?

BUT, there is a level of interest one can legally charge in CA and in

most other states, although it varies. Also, to legally loan money,

one usually needs a license, like a banking license???...
View More

View More Answers

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

Leon Bayer
Leon Bayer
answered on Mar 11, 2024

Your friend has nothing much to worry about. The legal interest rate limit for an ordinary person loaning money in California is 10% APR. If your friend charges more than that, he can still sue the person who won't pay and ruin that person's credit, but the court probably won't let... View More

View More Answers

1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for California on
Q: I might be getting sued by someone that is on the Vexatious Litigant List in California from a prior case.

I haven't been properly served yet. Doesn't he have to ask permission from the court before he files any new lawsuit? He was deemed a vexatious litigant from a previous case he had with someone else. I believe he is going to file as Pro Per as well. Any advice or guidance would be appreciated.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

In California, if a person is declared a vexatious litigant, they are subject to certain restrictions when filing new lawsuits. According to California Code of Civil Procedure § 391.7, a vexatious litigant must obtain permission from the presiding judge of the court where they intend to file the... View More

1 Answer | Asked in Small Claims for California on
Q: Hello, i came up with am agreement on letting a friend take over my car payments becaise he needed a car and i had an

Extra one. He has since ghosted me, hasn't made any of the payments and won't return my texts or calls. How can I go about getting my vehicle back?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

In California, when someone takes over your car payments but fails to fulfill their obligation, it's important to understand your legal options for reclaiming your vehicle. If the agreement was informal and not documented, this can make the process somewhat challenging, but there are steps you... View More

1 Answer | Asked in Contracts, Legal Malpractice and Small Claims for California on
Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More

1 Answer | Asked in Small Claims for California on
Q: Statute of limitations on debt in California
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

In California, the statute of limitations on debt varies depending on the type of debt involved. For written contracts, including most types of loans and credit agreements, the statute of limitations is four years. This means that if a creditor or debt collector wants to file a lawsuit to collect... View More

1 Answer | Asked in Small Claims and Family Law for California on
Q: I was recently given a protection order by my girlfriend but it is imperative that I get my belongings back.

How do I go about getting my stuff from this person if the police won't do a civil standby?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Under California law, if you have been served with a protection order, it's crucial to follow it strictly to avoid legal consequences. However, you still have the right to retrieve your belongings. If the police are unable to provide a civil standby, there are alternative steps you can take to... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I have a room I rent in my home. A got an eviction for renter who is $5000 behind. He got a lawyer and want a jury trial
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

In California, tenants have the right to request a jury trial in eviction cases. This means that if you've initiated an eviction process against a tenant who is significantly behind on rent, and they've secured legal representation who has requested a jury trial, this is a legal option... View More

1 Answer | Asked in Civil Litigation, Contracts, Arbitration / Mediation Law and Small Claims for California on
Q: am thinking of suing a section 8 employee in small claims court what are some basic questions to ask before starting.

This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Small Claims for California on
Q: someone had gave me a box of a ex employee of there's to set up a time for them to get it the persons boss had the box f

for a year im not employed with them they just asked a favor perswon never came and got it so i left it on the sidewalk end of the day now the owner of the box saying there is like 4000 of things that im responable for am i they are saying they gonna sue me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, the responsibility for personal property generally lies with the owner of that property. When you agreed to hold the box as a favor, you may have assumed a temporary duty of care to ensure the box's safety, but the extent of this duty can vary based on the specifics of the... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: Can you get a gift back given to a person after they've died?

A family member has passed. A person took this family member out on his birthday weekend, bought him clothes and a couple of electronic devices. This person is now asking for those items to be returned, stating they belong to her. One of the items is a phone that she was paying for and there is a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

No, in this scenario the gift giver does not have legal standing to retrieve the gifts after the recipient has passed away.

The key considerations here are:

- The birthday gifts were voluntarily given to the recipient without expectation of payment or return, as acknowledged by the...
View More

1 Answer | Asked in Small Claims for California on
Q: Can a towing. Company hold your vehical and n ot release to you because tags. Are expired
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, a towing company may impound your vehicle if it is parked on public property and has expired tags. The company is permitted to hold your vehicle until you provide proof of current registration and pay any associated fees, including towing and impound fees. However, the towing... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: Client from out of state won't pay first invoice. Can I take him to small claims in CA?

Found out two other contractors were unpaid who live in different states. I feel he is going to defraud other people and not pay them. It seems like it is a bigger problem than just my case. We have a contract outlining he will pay at the end of the month, but I found out after a team meeting that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Based on the details provided, here are a few key things to consider regarding your options for getting paid and taking legal action:

- Small claims court is handled at the state level, so you would need to file suit in the defendant's state (Kentucky in this case). You generally...
View More

2 Answers | Asked in Personal Injury, Small Claims and Medical Malpractice for California on
Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?

I had a surgery done for my nose, I wanted Smaller, Straight nose and able to breath which after the surgery nothing changed and it looked even worst! The doctor is now saying if they do a revision for $2500 but he’s not sure if he can make my nose smaller or straight or fix the breath problem... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, you may have grounds to sue a plastic surgeon if you can prove that the surgeon did not meet the standard of care expected in the medical community, which resulted in harm or damages to you. This typically involves demonstrating that the surgeon's actions were negligent or fell... View More

View More Answers

3 Answers | Asked in Car Accidents and Small Claims for California on
Q: Would Robertson's Trucking Company be liable for vehicle expenses related to tire blow-outs? Amount seeking $3,032.63

Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, liability for damages stemming from a vehicle incident, such as a tire blow-out, can be complex and depends on various factors, including negligence and the causation of the damages. If Robertson's Trucking Company failed to maintain their vehicles properly, leading to the tire... View More

View More Answers

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

This sounds like a small claims court case. I doubt it is going to be worth hiring a lawyer, as animation cells are usually pretty cheap. However, if you sue in small claims court you will incur the costs of personally traveling to court and the unlikelihood of ever collecting. In court you will... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.