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Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: What legal action can I take against an individual who owes a debt to me?

My ex sold my truck while I was incarcerated and forged my name on the title to do so. She is judgement proof so taking this to small claims would be pointless. What legal action can I take to collect the debt owed to me?

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Judgments can be good for 20 years and you earn a good rate of interest on them. You should go to small claims to get a judgment against her for "conversion" of your personal property to her private use (selling for money). This is a wrongful interference with your ownership rights.... Read more »

1 Answer | Asked in Small Claims for California on
Q: Ok yo compreun refrigerador en 500 pesos al novio de una policia en el momento noestaba ay ella

Pero yono sabia k tubieron poblemasy ya no andaban pero yo page ahora la oficial me esta amenasando que kiere el refri y como es policia dice k me ba alevantar y esto y otro

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You bought a refrigerator from the boyfriend of a police officer and now she says that she wants it back? But she is not offering you the money back? And she is what?? Your facts are incomplete. Naturally when you paid $500 you got a bill of sale from the boyfriend, right? So you have proof that... Read more »

2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You get the typical attorney answer: It depends. Was this a professional relationship? Was there a bailment? What were the terms under which this person was holding your money? If you gave it to a homeless person on the street, probably not. Your brother, probably not. A bank? You may have a... Read more »

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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: If I ask somebody to hold my money and they lost it are they responsible? And can they go to jail?
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answered on May 29, 2023

If you ask someone to hold your money and they subsequently lose it, their responsibility and potential legal consequences depend on the specific circumstances and any agreements that were made. If there was a written or verbal agreement outlining their responsibilities and duty of care towards... Read more »

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3 Answers | Asked in Landlord - Tenant, Small Claims and Civil Litigation for California on
Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »

Robert Kane
Robert Kane
answered on May 26, 2023

If you sue in small claim court and fail to get the full remedy, you couldn't sue for more or again in civil court. As you are aware, the limit in small claims is $10,000. Therefore, the judgment would be your full remedy with that limitation. A lawsuit contains all causes of action from the... Read more »

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3 Answers | Asked in Landlord - Tenant, Small Claims and Civil Litigation for California on
Q: If sue a landlord in small claim court in Ca and fails to get the full remedy, could I sue the landlord in civil court?

The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »

James L. Arrasmith
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answered on May 29, 2023

In California, small claims court is generally limited to cases seeking monetary damages up to a certain threshold. If you choose to sue your landlord in small claims court and do not receive the full remedy or any remedy for the damages claimed, you may have the option to file a separate lawsuit... Read more »

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1 Answer | Asked in Health Care Law and Small Claims for Texas on
Q: Can I get my money back from a false-advertising therapist who started charging me but then realized he couldn't see me?

I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.

If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises...
Read more »

2 Answers | Asked in Collections and Small Claims for California on
Q: statute of limitations on debt transferred to debt collection agency

Hello, I have been served paperwork for a high interest loan that I was unable to pay in the past. The last payment made was on 4/19/2019. Just wanting to see if statute of limitations has passed or if I should go ahead and set up some sort of payment plan. The original creditor is NetCredit and... Read more »

James L. Arrasmith
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answered on May 24, 2023

In California, the statute of limitations for most debts, including written contracts like loans, is typically four years from the date of the last payment or default. However, it's important to note that certain types of debts, such as credit card debt or oral contracts, may have different... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... Read more »

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... Read more »

3 Answers | Asked in Contracts, Probate and Small Claims for California on
Q: I am unpaid caregiver. Probate has closed. How do I collect what's owed?

I've filed small claims case before the year limitations. I believe I need to file Abstraction of Judgement

James L. Arrasmith
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answered on May 22, 2023

As an unpaid caregiver seeking to collect what is owed to you, it is advisable to follow the legal process available in your jurisdiction. Since you have already filed a small claims case within the statute of limitations, it is a positive step. If you have been successful in obtaining a judgment... Read more »

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2 Answers | Asked in Small Claims for California on
Q: CaliforniaHello,I bought an out of state car last year, I went to a commercial registration agency “not DMV” and

They did the registration but they messed up my paperwork as they didn’t send for the title to be transferred to California, as a result the DMV put a stop on my registration. I went back to the business to ask them to fix it but they are slacking and my registration expired now, can I sue them ?... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Yes, you can sue them. I suggest small claims. You can sue for the damages that flowed from the errors made by this registration agency, copy all bills and evidence of damage for the court. If you could not use the car, you could also sue for the reasonable value of loss of use. Look for... Read more »

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2 Answers | Asked in Small Claims for California on
Q: CaliforniaHello,I bought an out of state car last year, I went to a commercial registration agency “not DMV” and

They did the registration but they messed up my paperwork as they didn’t send for the title to be transferred to California, as a result the DMV put a stop on my registration. I went back to the business to ask them to fix it but they are slacking and my registration expired now, can I sue them ?... Read more »

James L. Arrasmith
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answered on May 22, 2023

In a situation where a commercial registration agency made errors that resulted in your registration being stopped and your registration subsequently expiring, it may be possible to pursue legal action against them. The specific details and applicable laws will determine the viability and potential... Read more »

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1 Answer | Asked in Contracts and Small Claims for Oregon on
Q: Does he have any legal grounds? Will he win?

I sold a used truck as is(says as is on the bill of sale.) he is now saying he took it to a mechanic a few days later and it had an engine misfire and now he wants to sue for his money back. I was unaware of the problem. I don’t know what to do next. Is this something he will win?

Gregory L Abbott
Gregory L Abbott
answered on May 20, 2023

It is unclear why the buyer thinks they are entitled to a refund and lots depends on exactly what was said before the sale and\or details but As Is means As Is and anything could have happened to the vehicle in the few days between purchase and inspection. Bottom line is buyer should have had... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... Read more »

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... Read more »

2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... Read more »

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... Read more »

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1 Answer | Asked in Gov & Administrative Law and Small Claims on
Q: A friend wanted to store a car at my place instead of paying for storage and has refused to pay and is now in rehab

Said friend wanted to store a car at my place instead of paying for a storage shed, and agreed to pay me for doing it, now he's gone to rehab, hasn't paid me for weeks and the person he arranged to pay me while he was gone is ignoring any efforts I make to contact her and sort it out.... Read more »

John Michael Frick
John Michael Frick
answered on May 16, 2023

In Texas, you can apply for a Certificate of Authority to dispose of the vehicle. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.txdmv.gov/sites/default/files/form_files/VTR-71-4.pdf

The DMV will give notice to the owner whose name appears on the vehicle registration,...
Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: I received restitution from a criminal vandalism case. Can I take them to small claims after for more in California

The person who vandalized my car paid the restitution. However I want the owner of the vehicle (business) to compensate me in small claims. Is this possible?

James L. Arrasmith
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answered on May 12, 2023

Yes, it is generally possible to pursue a small claims case against the owner of the vehicle (business) for additional compensation, even if you have received restitution from a criminal vandalism case. Ensure your claim falls within the small claims court's jurisdiction and gather evidence to... Read more »

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1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for California on
Q: How long do you need to hold on to your ex boyfriends items in the state of California?

I have a criminal protective order and a restraining order against. There was an immediate move out order in the emergency protective order, but not in the subsequent orders because he did not live with me, but had a lot of items. When he was arrested, the police came back to my house and we put... Read more »

James L. Arrasmith
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answered on May 11, 2023

In the state of California, when it comes to holding on to your ex-boyfriend's items, it is generally advisable to follow a reasonable course of action to ensure compliance with the law and protect your own interests.

Given the circumstances you described, where you have a criminal...
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2 Answers | Asked in Small Claims for California on
Q: My boyfriend and I were together for 4 years, during which we racked up about $7,000 of credit card debt all in my name.

We agreed he would pay just one of the cards for $700 because it was solely his purchases. Now he’s ignoring me. Is this something I have a shot at taking to small claims? Also, this was in AZ and I’m now in CA. Where would I have to file if I have a chance?

James L. Arrasmith
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answered on May 9, 2023

If you and your boyfriend agreed that he would pay off a portion of the credit card debt and he has failed to do so, you may have a valid claim for breach of contract. However, because the debt was incurred in Arizona and you are now in California, it may be more complicated to determine which... Read more »

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