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Small Claims Questions & Answers
1 Answer | Asked in Family Law and Small Claims for Texas on
Q: Do I have any recourse to claim a chair I purchased for my deceased Mom that my sister agree I could have but took it?

My sister and I agreed that I would reclaim the chair but then she sold my mom's house and everything in it, except what she needed for an apartment including the lift chair. The will gave her the house and the contents that no other sibling wanted - she reneged on our agreement (text... Read more »

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

If your sister did not give you a reasonable time to remove the chair, you may be able to sue her for the value of the chair.

What constitutes a reasonable time depends on all the facts and circumstances. Barring any unusual circumstances, I would say ten days is likely reasonable and...
Read more »

1 Answer | Asked in Small Claims, Employment Law and Immigration Law for Texas on
Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report...
Read more »

1 Answer | Asked in Contracts, Gaming, Small Claims and Tax Law for Colorado on
Q: My senior class organized a game where everyone buys in and receives a cash prize. Is this legal?

My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 3, 2023

Contact the Colorado Attorney General to file a consumer protection complaint.

https://coag.gov/office-sections/consumer-protection/

This may also be considered theft and/or fraud. Filing a police report may be appropriate.

You would also have a civil action for breach of...
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1 Answer | Asked in Landlord - Tenant, Small Claims and Municipal Law for Oregon on
Q: Should I have sue my landlord or my neighbor?

I live in an apartment complex. I am looking to file a claim at the Small Claims Court against my landlord/property manager for failing to stop my neighbor's dog from barking after more than 4 months. The dog barks almost daily and over 90% of the time it barks from over 10 minutes to as long... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Feb 2, 2023

You don't say but I am guessing that your neighbor is also a tenant of the same landlord? If so, if you have set it up properly, you can sue the landlord for breaching their duty to provide you with quiet enjoyment of your tenancy. You can also, and should, report the noise problem to... Read more »

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... Read more »

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Small Claims for Missouri on
Q: Served for old loan debt

My husband got served for old loan debt from 10 years and 4 months ago. Statute of limitations says they can't do this after 10 years, written. What can we do?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2023

File a written answer and raise the SOL as an affirmative defense.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »

3 Answers | Asked in Collections and Small Claims for Texas on
Q: What are my options if I received a civil lawsuit notification for a 7-year-old debt?

I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.

The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.

I... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.

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1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: How do I sue him for 500? I wanted my things I have to come up with 500 just to access to get my things that's not fair

I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 26, 2023

If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 Answer | Asked in Family Law, Real Estate Law and Small Claims on
Q: My step dad is trying to sell the house can't without me when to court now I have law claim, at what court

My mother died, I get heritage but because I live in Germany and he lied to me the house is nothing worth, he when to a court a did a filling where I have to go there or a lawyer to lay claim to my heritage, what court would I have to go to what is that process called what he did where some has to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

You might want to hire an attorney in the County where your Mother died to conduct a title search and examine the Court filings. He can then advise what you may want to do, or that you are already an heir at law.

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... Read more »

2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2023

YOU WANT A CIVIL LITIGATOR.

HOWEVER, THE ISSUE WILL BE DAMAGES.

YOU HAVE TO PROVE HOW YOU WERE DAMAGED BY THIS INCORRECT INFO.

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2 Answers | Asked in Contracts, Personal Injury and Small Claims for California on
Q: what type of lawyer would I need if I did a medical research study and was told wrong information about the study.

I was told wrong information about what I was participating in and had I known I would not have participated.

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jan 24, 2023

Before thinking about a lawyer consider the value of your claim. Lawyers are expensive and their fees may exceed the value of a potential recovery. Consider small claims court if the value of your claim is less than $10,000.

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1 Answer | Asked in Civil Litigation and Small Claims for Arizona on
Q: I let a friend store his stuff in my garage it was broken into an some of his an my stuff was taken police report was fi

Filed he been taking things out an saying this an that are gone how can I leagely have him move his stuff

Stephen M Vincent
Stephen M Vincent
answered on Jan 24, 2023

In writing, tell him he has 30 days to remove the items from your garage and that if he does not remove them by that date, you will dispose of his remaining belongings, and then wait another 30 days before you remove them.

3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... Read more »

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1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... Read more »

1 Answer | Asked in Collections and Small Claims for Florida on
Q: What if they DIDN'T notify you prior to garnishing your wages? Can I get it desolved because of that?
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

You are not notified prior to the garnishment. You should receive, or have received, a notice of your rights and an exemption form. Make sure the plaintiff's attorneys have your correct address.

1 Answer | Asked in Small Claims for Florida on
Q: I have a small c. court in Orange Cty. The sheriff was not able to serve the plaintiff and we have a new addrs in Tampa.

How do I proceed now? Do I need to file a new request with the new address to the Sheriff? Can they serve someone in Tampa?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

You would ask the Hillsborough County Sheriff to serve the summons.

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