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Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Michigan on
Q: I initiated a small claims at my district court. Is there any way I can still have a lawyer represent me in the matter

I had set agreements with my friend while living together for a few months but she chose to illegal put me out and refrain from letting get my personal belongings.

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

You cannot have a lawyer in small claims court.

1 Answer | Asked in Small Claims for Michigan on
Q: How much will it cost for a pro bono lawyer to take my case for illegal eviction?

My friend stole all of my property I had furnished in her house while staying there a few months. Now she will not give it back.

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Not sure if you have an illegal eviction action as much as a possible claim and delivery action, which you can initiate yourself in the district court.

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
Read more »

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Florida on
Q: I have a motion for attorney fees against me, they are threatening a lien on a property I do not own?

I filed a small claims suit against my boyfriend's HOA for wrongful tow of my car. Missed the hearing, so it was dismissed. Judge ruled for the motion for attorney fee's, $3,000. Letter was sent to the address where the incident took place (not a home I own, but my boyfriend does). They... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 20, 2022

HOA documents provide for prevailing party attorneys' fees and costs to be assessed against a party litigating a HOA matter. Owners are liable for the actions of their guests, tenants and anyone living in their property. A lawyer would need to read the HOA declaration and the complaint to... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

David Kennedy Bifulco
David Kennedy Bifulco
answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

1 Answer | Asked in Employment Law and Small Claims for Ohio on
Q: former employer is suing me what can I do?

To give you a little background on the situation I recently left one employer for another. I took a LOA after about a week being on my LOA I decided to take a position I was offered and sent my former HR manager my resignation via email. I sent my resignation email on April 1, 2022. My LOA started... Read more »

Rebecca Hill
Rebecca Hill
answered on Jun 15, 2022

If you do not respond the lawsuit filed against you, the plaintiff can obtain a default judgment against you. More information is needed to provide you with specific advice. You should call an attorney and get an evaluation of your situation.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Maryland on
Q: Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase. What do I do??

Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase.

I went to buy a service vehicle from Annapolis Hyundai. I liked the car decided to continue with the purchase. I signed a printed paper with the cars VIN, price, and other details. No sentences... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Express your dissatisfaction to the sales manager; ask for a discount for the extra miles and wear and tear on the car; or cancel the purchase if whatever you signed allows you to cancel (it is unclear whether you signed a binding contract to purchase or not). Maybe ask to purchase a different car... Read more »

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Florida on
Q: I signed POA to my boyfriends mother. Only to get my car out of impound. She now says the car is my ex and it’s hidden

My ex-boyfriend and I was both in jail. A friend of ours got my car impounded. My daughters grandmother offered to pay to get it out of impound. if I would sign the title over to her to give to my daughter. which was a nice suggestion if I wanted to sell it I still wanted my car. My ex-boyfriend... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2022

It depends, of course, on the wording of the POA. If it gives her authority to convey title to someone else, you are probably out of luck. If, on the other hand, it merely gives her authority to pay the impound fees and take possession, you might be able to take it up with the DMV.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Virginia on
Q: Can the other women sue for $10k she gave my husband during their affair?

No written exchanges about the money. When he broke it off he asked her about it and she replied “I don’t give a f***” now after some stalking on her part she filed a warrant in debt for it. Does she have a case ?

Steven Krieger
Steven Krieger
answered on Jun 13, 2022

It really depends on what was the basis of giving the $10,000 or the agreement (even if verbal) around the money. If it was really a gift, then your husband should be able to successfully defend the lawsuit. If you or he decides to hire an attorney, I'm sure anyone who responds would be happy... Read more »

2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
Read more »

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1 Answer | Asked in Animal / Dog Law, Civil Litigation, Small Claims and Personal Injury for South Carolina on
Q: I and my dog were detained by law enforcement in a hot car. Despite my pleas to please let us out or to give my dog

Water or to let me turn on my car to provide AC for my dog, the policemen would not let me do anything to help my dog despite me pleading with them. My dog died of heat stroke. Can I hold those policemen responsible for Bear's death? I may be reached at:

Roy Willey
Roy Willey
answered on Jun 7, 2022

I am so sorry that happened to you. As to a case, potentially, yes but generally in South Carolina pets are only reimbursed at “market value” as property. However, you may also have a case against them depending on the nature of your detention. Be advised state agencies are subject to a... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Can I take an invited party to small claims court for damage to my property they accidentally caused?

An individual, not a company, knocked on my door to ask if I needed my lawn mowed. They accidentally shot debris hard enough at my back door to cause the exterior glass to shatter. They admitted they were at fault and lied about paying for damages. It has been weeks and I have seen no money from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 5, 2022

First, I assume that the damage is a deductible from you homeowner insurance so you have not made an insurance claim claim.

The damage may well be considered negligent on the part of the individual who was mowing you lawn. If you decide to take him to court, be aware that at the small...
Read more »

1 Answer | Asked in Small Claims and Banking for Pennsylvania on
Q: My dad just passed away and he had a loan in his name that nobody knew about. Doe my mother still have to pay it?

Just my dads name is on the loan

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 2, 2022

It is a debt of your dad's estate. Is your dad's estate solvent? Are you gonna go through probate? If so, please contact a probate lawyer to discuss this and how best to proceed.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: After 1 year of paying agreement, the bank continuous to report to credit agencies being late, what recourse do I have?

The agreement authorized by a judge in court and to be paid on a monthly basis agreed by the bank and myself. But I have been denied loans and credit help because the bank reported since the date of the new agreement as been late on monthly causing a negative report of my credit worthiness. So I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 31, 2022

It is impossible for any Florida lawyer to help you unless you give them legible copies of all the documents underlying this banking credit problem and the court documents you refer to here. Search for an experienced banking lawyer here on Justia and contact them.

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Small Claims for Louisiana on
Q: so the child has to turn 18 to sue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... Read more »

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