Lawyers, Answer Questions  & Get Points Log In
Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: Hello, I have a law firm contacting me about Capital one suing me for a debt from 2004. Aren’t I passed the SOL?
Charles Watts
Charles Watts answered on Jun 21, 2021

It depends on when the account was officially closed. Theoretically there is a SOL but that may not even start for years after you think it started. Contact an attorney that can delve into this in more detail.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live in Colorado & did business with a nursery in Tennessee on-line. All plants were DOA. No refund or credit

I started complaining via email in April. They wanted pictures and even suggested I send the dead plants back at my expense. They said they don't issue refunds, even though they say all plants are guaranteed. They will only issue a credit. I have been waiting for a credit for over 3 weeks.

Tim Akpinar
Tim Akpinar answered on Jun 20, 2021

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, usual options could include inhouse customer service, forums identified in the agreement for disputes (e.g., arbitration under AAA rules), or small claims/civil court. A Colorado... Read more »

1 Answer | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for Connecticut on
Q: Can I sue a repair shop/dealership for the entirety of my vehicle due to shotty repairs?

The car has gone into this shop with a full coverage warranty. They would keep the vehicle in their shop for multiple weeks to repair simple things, and return the car with the same problems. This continued over the course of 2-3 years, until the engine failed and was considered totalled. The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Unlikely at this point. You'd need an expert to testify that the engine fialed due to what they did and for no other reason. Part of the problem is also you kept taking it back--the law would say some of that's on you, because you didn't want to have a competent mechanic look at it.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Land Use & Zoning and Small Claims on
Q: I need a form and i need to ask how to get the form from a attorney that can send one to mhmr by fax if the attorney can

I need a attorney that can help my with infomation of a form i need

Tim Akpinar
Tim Akpinar answered on Jun 18, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but... Read more »

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

View More Answers

1 Answer | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Contracts, Products Liability, Insurance Defense and Small Claims on
Q: I have a weekly contract at motel 6 all of my belongings where taken I'm denied access to the security footage

House keeper just stormed in using the key not identifying herself or anything just stormed in and got startled and closed the door

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Did you report the theft to the police? They can get the footage.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

View More Answers

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... Read more »

1 Answer | Asked in Small Claims for California on
Q: Can I send a demand letter for the return of my personal property to someone who had it but gave it to another person?

My dog was stolen by a guy who I discovered had kept him for awhile before giving him to someone else to keep. I have evidence that the guy who stole my dog once had him in his possession but I have no information about who has my dog now. I went to the police but they were not interested in... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 28, 2021

more info needed

Yes, you can send a demand letter. Whether it will do any good is another question.

i would send a demand letter setting forth facts and if he does not respond, I would sue in small claims and attach the letter to the complaint.

obviously, you need proof,...
Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for Maryland on
Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?

My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?

Mark Oakley
Mark Oakley answered on May 27, 2021

I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Criminal law: is it illegal for me to tow a car that is registered to me to regain possession if I loaned it out

If I let someone use my car but then I change my mind and I ask for them to return it and they refuse, is it illegal for me to have it towed?

Henry George Ferro
Henry George Ferro answered on May 26, 2021

Based on what you are saying, I would say you are safe…you may wish to ask for law enforcement to assist you.

1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: sue a hotel my vehicle was stolen. No security,lights outside not good,was not told very high crime and no signs

I have pictures of building. And cameras.dark are where my truck was stolen. I can prove negligence.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

If you can prove negligence then you’ve answered your own question. I’m not sure what kind of response you are seeking.

Part of proving negligence is proving a legal duty owed to you from the hotel.

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.