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California Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I recently entered into a verbal agreement to rent a space for $300/mo. Then I found out it was HUD and an illegal

sublet. I paid a total of $450. Can I recover my rent money if I spent less than two weeks total there? She is refusing to give back the over payment.

James L. Arrasmith
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answered on Jun 6, 2023

Verbal agreements can be legally binding, but proving the terms without written documentation can be challenging.

If the sublet is illegal, it may affect the validity of the agreement.

If you overpaid, you may be entitled to a refund of the excess amount.

Consult with a...
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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?
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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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 »

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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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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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 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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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: If a debt from Alaska SOL has passed 3 years, but know I live in California do I have to wait a extra year?
Robert Kane
Robert Kane
answered on May 18, 2023

I am sorry, but you don't give enough information. Where you live now means very little. What do you mean "a debt from Alaska?" Was it a personal or consumer transaction?

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2 Answers | Asked in Contracts, Business Law and Small Claims for California on
Q: Is my client entitled to a refund after she cancelled her wedding a day before the actual day? I’m a videographer

I’m in Los Angeles and i got hired as a videographer for a small wedding. I require 50% non refundable deposit to be paid upfront and the remaining amount to be paid days before the actual wedding. My contract only states that the remaining amount is required days before the wedding but it never... Read more »

James R. Dickinson
James R. Dickinson
answered on May 15, 2023

How much of the job did you perform? Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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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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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: If I receive a judgment order, do the documents have to be signed by a court clerk?

I received a Notice of Judgement documents that say Circuit Court of Multnomah, State of Oregon, but was sent from the address of the debt collector. The documents have, also, not been signed by a judge or a court clerk. Is this a valid judgement? Is a judge or a court clerk's signature required?

James L. Arrasmith
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answered on May 8, 2023

In most cases, a judgment order must be signed by a judge or a court clerk to be considered valid. The signature of a judge or court clerk serves as proof that the judgment was issued by a court of law and is legally binding.

It is possible that the document you received is not a valid...
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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Got charged way too much at AYCE sushi before closing hour

I went to a sushi place with my girlfriend and ordered a lot of food. I was ready to devour everything. We got there an hour and a half before closing time. Closing time was at 10 pm. Then when 9 pm came, they gave us our check was $158. I didn't complain but it made me so mad and we... Read more »

James L. Arrasmith
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answered on May 5, 2023

If you believe that you were overcharged at a sushi restaurant and were rushed to finish your meal before the restaurant's closing time, you may have grounds for a complaint or legal action.

However, before pursuing legal action, it may be helpful to first try to resolve the issue...
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1 Answer | Asked in Municipal Law and Small Claims for California on
Q: Can I subpoena a city official (Planning Division and Building Division) as part of a Small Claims Court case?

The Planning Division approved a project under a non-discretionary approval that does not meet city code .

James L. Arrasmith
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answered on May 5, 2023

It is possible to subpoena a city official, such as a representative from the Planning Division or Building Division, as part of a small claims court case. However, there may be certain limitations or requirements for doing so.

In general, subpoenas are legal documents that require a person...
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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: What happens if a commissioner issues a judgement in a case that I did not stipulate for a commissioner?

I was recently sued in small claims court. The case went on for almost ten months and we went through three different judges. Or I thought they were judges… I just learned that the individual who issued the judgement is not a judge and she is a commissioner. I did not stipulate for a... Read more »

James L. Arrasmith
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answered on May 2, 2023

If a commissioner issues a judgment in a case where you did not stipulate for a commissioner, it is possible that the judgment may be invalid. However, this would depend on the specific circumstances of the case and the applicable laws and regulations in your jurisdiction.

In some cases,...
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1 Answer | Asked in Small Claims and Family Law for California on
Q: Do I owe interest on a debt that’s under Ex Husbands credit card?

My ex used his care Credit to pay for my dental work while we were still married. At time of paperwork filing I owed $1181 and I said I would pay that in the dissolution paper work. It has since accrued interest and he didn’t tell me and has had me pay him the minimum for the credit. At this... Read more »

James L. Arrasmith
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answered on May 2, 2023

If the dissolution paperwork stated that you agreed to pay the debt, then you may be responsible for paying any interest that has accrued on the debt since the time of the divorce. However, it would depend on the specific terms of the dissolution agreement and the laws of your state.

If...
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1 Answer | Asked in Small Claims for California on
Q: Can I take a company to small claims court in calf. If the wrong doing was in Arizona

A moving company from California took advantage of my elderly parents and over charged them. I have contacted the company and they offered me 1000 doller refund. That was 8 weeks ago and I don't think they have any intention of paying my parents. I do have power of attorney

James L. Arrasmith
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answered on Apr 25, 2023

If a moving company from California overcharged your elderly parents and has not followed through on their promise to provide a refund, you may have legal recourse to seek compensation on behalf of your parents.

As the holder of power of attorney, you may be able to act on behalf of your...
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2 Answers | Asked in Consumer Law, Business Law, Collections and Small Claims for California on
Q: I won Car wash shop, How to Collect money.

A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2023

If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.

To collect the judgment you can hire the Sheriff's office to take money out of...
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