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Small Claims Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Customer owes money. How can we collect payment?
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

Ask. Letter. Then one certified return receipt. Then sue them in the District Justice Court.

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
Read more »

2 Answers | Asked in Consumer Law, Criminal Law and Small Claims for California on
Q: Can you sue a supermarket for false theft accusation?

Falsely accussed of theft.

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info would be helpful.

you can sue anyone for anything at any time.

the issue in my mind is do you want to waste the money on a lawyer or go to small claims court.... and can you prove damages?

the specific facts of your case will control.

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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Arkansas on
Q: Does interest "per annum" mean it's everyday?

The plaintiffs attorney is adding 10% interest every single day, causing my debt to double in just a couple years. Is this legal? Can he do that? He says that he legally can do this in AR

Tim Akpinar
Tim Akpinar answered on Jan 4, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. In general usage, the term "per annum" means yearly or annually. But that doesn't reconcile with the 10% daily interest you also mention in the description.

It sounds like you are trying to...
Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Can a gun store refuse to show me my receipt for a past purchase, which they legally must have record of.

They fraudulently sold me a lower value rifle in the place of a top tier rifle. I recently learned this because I sold the rifle to another man, and had to give him a refund. Now that the rifle has been shipped back, I've confronted the store owner, and they refuse to show me my receipt, which... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Receipts are for customers such as you. I believe you will find that the federal requirement regarding the keeping of copies of such receipt is for the benefit of BATF, not customers. If you believe that you have been defrauded, failed to keep your receipt, and want a refund, it appears that you... Read more »

1 Answer | Asked in Small Claims for New Jersey on
Q: I was apart of the Atlantic county Strip Search class action. I filed my claim for payment and never received it.

My notice number is 15047-703860060-002-001-01

Leonard R. Boyer
Leonard R. Boyer answered on Jan 3, 2022

You need to contact the Class Action law firm. Typically most Plaintiff's in a class action lawsuit gets very little.

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New Jersey on
Q: New Jersey EZ Pass Tag was stolen, used fraudulently by a company hauling heavy equipment, can I take legal action

I want to find out who did this, causing me months of stress and anxiety.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 2, 2022

Yes you certainly can take legal action both civilly and through the criminal justice system. How to determine who stole the EZ Pass may require retains a private investigator. Once that is determined and you have proof, then an experienced civil litigation attorney can review all your... Read more »

2 Answers | Asked in Consumer Law, Small Claims and Collections for California on
Q: I am being sued by a debt collector.

I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 29, 2021

File an opposition.

Send fax to defense attorney.

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1 Answer | Asked in Contracts, Collections and Small Claims for Kentucky on
Q: If you take someone to court for dishonor of a prommisary note. Do you need to send a letter of dishonor

Also would this be small claim court sueing for non payment of $4000.00

Timothy Denison
Timothy Denison answered on Dec 28, 2021

No.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for California on
Q: my sons guardian was charged for letting my son drive her car under age no licence caused him tbi what can i do
Dale S. Gribow
Dale S. Gribow answered on Dec 27, 2021

more info is needed.

how old is your son? is the guardian related? court-appointed? charged with DUI?

s/he give her keys or just did nothing when s/he learned he had them etc?

TBI from driving? Accident?

1 Answer | Asked in Collections and Small Claims for Arizona on
Q: I received a summons to appear in court for a debt collection, but I live out of state and have no way of attending.

I am being sued in Wisconsin and live in a Arizona. I was served papers at my apartment in AZ.

Tim Akpinar
Tim Akpinar answered on Dec 24, 2021

This looks like something that a Wisconsin attorney could advise best on, but your post remains open for two weeks, and time is probably of the essence in your actions. Since these things can require responses in the order of around 20 or 30 days in many jurisdictions, reposting your question in... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
Anthony M. Avery answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Employment Law, Libel & Slander and Small Claims for Missouri on
Q: Can I sue my ex-employer for falsely accusing of theft with in investigative before I was fired and then threaten me

To pay back money that was not stolen from them and had me come in after I was fired to train someone to use computer I have emails were they say I stoled from them with I didn’t, I have proof. Can I sue for defamation of character I had 10yr with them with never one issue

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 20, 2021

Defamation cases are tough and expensive in Missouri. If your employer merely sent false emails to you and terminated your employment because it believed you committed theft, then you don't have a basis for a defamation suit in Missouri. Defamation requires publication of the false statement... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: I had stone countertops installed. The contractor broke the piece by the sink. Also chips in the top. Do I pay balance?

The stone yard is requesting full payment but will not come out to inspect the install. Do I pay balance or withhold til the counters are installed properly? Yes a contract was signed

Jane Kim
Jane Kim answered on Dec 19, 2021

There is no legal answer to this that would tell you most definitely one way or another. Of course, your contract may provide some guidance. I would try to withhold payment until they do it right. However, even if your home is homesteaded, they can still put a lien for the balance. You can try... Read more »

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