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California Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: I live in San Diego. I sold a car and lent someone money. I am low income. What recourse do I have to get $ back?

They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More

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answered on Apr 11, 2024

In your situation, you have several options to consider:

1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this...
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1 Answer | Asked in Banking and Small Claims for California on
Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?

a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of... View More

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answered on Apr 8, 2024

Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:

1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had...
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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

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answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior indulgence

can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More

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answered on Apr 3, 2024

Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.

In some cases,...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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2 Answers | Asked in Civil Rights, Construction Law, Small Claims and Business Law for California on
Q: So I’m a small business owner and my client refused to pay the ending balance on her invoice for $3500 what can I do
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answered on Mar 29, 2024

Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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3 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Lemon Law and Small Claims for California on
Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel

STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More

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answered on Mar 26, 2024

Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More

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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

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answered on Mar 24, 2024

In California, if a client refuses to pay for services provided, you have several options. First, you should attempt to resolve the issue directly with the client by providing clear documentation of the services rendered and the agreed-upon costs. Communicate your concerns and attempt to reach an... View More

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2 Answers | Asked in Small Claims for California on
Q: Can you sue someone if you bought something as is and they gave you false info to sell it
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answered on Mar 23, 2024

In California, "as is" sales mean that the buyer agrees to purchase the item in its current condition, but this does not give the seller the right to deceive. If the seller intentionally provided false information about the item to induce the sale, this could be considered fraud.... View More

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: I was given a cash gift. months later I was told aggressively to give it back.what can I do legally to stop this

no contract, nothing signed. cash was gift. we went to his bank & he wthdrw $ & handed it to me. when his financial sit has changed he got hostile & decided I should give it back

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answered on Mar 20, 2024

Under California law, a gift is defined as a voluntary transfer of property from one person to another without expectation of payment or compensation. Once a gift is given, it becomes the property of the recipient. If there was no agreement or condition attached to the transfer of money indicating... View More

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

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answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
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1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for California on
Q: I might be getting sued by someone that is on the Vexatious Litigant List in California from a prior case.

I haven't been properly served yet. Doesn't he have to ask permission from the court before he files any new lawsuit? He was deemed a vexatious litigant from a previous case he had with someone else. I believe he is going to file as Pro Per as well. Any advice or guidance would be appreciated.

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answered on Mar 8, 2024

In California, if a person is declared a vexatious litigant, they are subject to certain restrictions when filing new lawsuits. According to California Code of Civil Procedure § 391.7, a vexatious litigant must obtain permission from the presiding judge of the court where they intend to file the... View More

1 Answer | Asked in Small Claims for California on
Q: Hello, i came up with am agreement on letting a friend take over my car payments becaise he needed a car and i had an

Extra one. He has since ghosted me, hasn't made any of the payments and won't return my texts or calls. How can I go about getting my vehicle back?

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answered on Mar 5, 2024

In California, when someone takes over your car payments but fails to fulfill their obligation, it's important to understand your legal options for reclaiming your vehicle. If the agreement was informal and not documented, this can make the process somewhat challenging, but there are steps you... View More

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