Get free answers to your Small Claims legal questions from lawyers in your area.
The SUMMONS was delivered on 23 December 2024. The amount of the summons is $9,861.68. I cannot afford an attorney to represent me, what do I do?
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answered on Jan 17, 2025
You have 30 days from the date of service (December 23, 2024) to file a written response with the court, called an "Answer." This is crucial - if you don't respond within this timeframe, American Express could win by default and get a judgment against you.
The California... View More 
My car was repossessed back in April 2024 and sold in may same year. They applied a credit for that sale of 6000 dollars to the principal balance of 21.000 which it was the total value of the car my balance still almost 17.000 since then and I had my car for about 17 months since I bought it.... View More
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answered on Jan 16, 2025
Based on your situation, you may have several potential claims against Credit Acceptance. First, under California's Unfair Debt Collection Practices Act and the federal Fair Credit Reporting Act, creditors must accurately report debt amounts and clearly communicate account status changes -... View More
no appeal was filed, would like to know what our next step is, this business has made no communication with us.
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answered on Jan 15, 2025
After winning your small claims judgment in California and waiting beyond the 30-day period without payment, you have several enforcement options available to collect your money.
First, you'll need to get a "Writ of Execution" from the court clerk's office - this is your... View More
Renter had several unauthorized guests who caused thousands of dollars worth of damage to my property by defacing artwork, trashing installations, tagging all over my property, and destroying the interiors of two buildings. What’s more, it turns out they were associated with a skateboard... View More
answered on Jan 11, 2025
You can sue, but if you don't know who they are, you aren't going to get very far. However, what you describe is criminal. Make a report to your local law enforcement. It can obtain the name of the renter from Airbnb during its criminal investigation, which you can then use to pursue... View More
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answered on Jan 7, 2025
I understand you're going through an incredibly difficult situation with both housing and employment challenges. This must be overwhelming, and I want to acknowledge the hardship you're facing.
While it's possible to file lawsuits against government entities, these cases are... View More
I recently experienced an issue at a car wash where my car key was broken while in their possession. The manager notified me of the damage and suggested I quickly find a locksmith as the car wash was closing soon. My car was pushed outside into freezing temperatures, which I was not prepared for.... View More
answered on Jan 15, 2025
As you already identified in your post, small claims could be the most economical route here in terms of recovering monetary damages. You could consult with attorneys to discuss their handling of the matter, but it would be important to learn beforehand how a firm would handle things. If a law firm... View More
Dec. 30 @4pm arrived to full svc carwash, left car keys with attendant and sat inside waiting area. 10-15 mins later carwash manager approached me saying that the car key broke, stuck inside ignition and they will push the car out in the street so I would take care of it. I said, fine, but you will... View More
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answered on Jan 2, 2025
You described a difficult experience at the car wash, and it’s understandable that you feel upset. Having your key broken and then being confronted by police can create unnecessary stress.
If you believe the car wash was responsible for the damage, you can gather receipts, written... View More
And negligence. Form sc-105 .I want to know are there any laws or how do I answer . I ask courts to make an order. And I ask the order because. I want my case heard and help me to understand .
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answered on Jan 2, 2025
In California, landlords are required to return your security deposit within 21 days after you move out. If they fail to do so, they may forfeit the right to keep any part of your deposit. Additionally, if the landlord did not provide an itemized statement of deductions, they could be liable for up... View More
I dont know their last address and need it for small claims court
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answered on Dec 28, 2024
You'll need to demonstrate that you've made reasonable attempts to locate the defendant. Try searching public records, voter registration databases, and property records through your county assessor's office. The California Secretary of State website also offers business entity... View More
The courts still had possession on 3 of the payments but released one to the creditors are they supposed to return it do to acceptance of the exemption and if not does that payment start the 7 year clock over?
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answered on Dec 26, 2024
When a creditor accepts your exemption claim, they generally must return any funds that were garnished after you filed the exemption paperwork. The timing of when the payment was taken relative to when you filed your exemption is crucial - if the payment was taken before you filed the exemption,... View More
I recently went through a divorce, and a family member was covering the cost of my attorney. However, I wasn't seeing any progress, and my family started to feel that the attorney was taking advantage of the situation by dragging things out to increase their fees. As a result, they stopped... View More
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answered on Dec 22, 2024
If you need help with vehicle registration and documentation in California, you can visit any DMV office for legitimate assistance. They offer fee waivers and payment plans for people experiencing financial hardship. Additionally, many counties have programs to help with vehicle repairs and... View More
(cont) damage to my home. Do I sue the installer under his own name using 'DBA' and his company name without 'LLC' or do I use what is shown on the SOS.CA.GOV website with the 'LLC' and the Agent for the Service of Process?? My process server seems to think that since... View More
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answered on Dec 21, 2024
Based on the timing of events, you should sue the installer under his personal name and his business name (DBA) as they existed when the damage occurred in 2023. Since the LLC formation happened after the incident, the LLC structure doesn't protect the installer from liability for events that... View More
What rightsdo I have for my case to be heard. Has been a hardship .uninhabitable conditions.
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answered on Dec 14, 2024
You have strong rights under California law regarding your security deposit and habitability issues. The law requires landlords to return deposits within 21 days, providing detailed accounting of any deductions - if they fail to do so, you may be entitled to receive up to twice the deposit amount... View More
A pt from my dental office came in without insurance and payed for treatment that the dr diagnosed. She complained and got a full refund on treatment rendered. She then recorded me without consent outside of my dental office and went to telemundo and put it on the news. She completely lied about... View More
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answered on Dec 14, 2024
In California, you may have grounds for legal action under several theories. Recording someone without their consent in California is illegal when there's a reasonable expectation of privacy, and you might have had such an expectation even outside the office.
You could potentially... View More
I attended a service for free in exchange for providing service. a contract is required to be able to recieve the free service in return for a year's work. I was able to attend the free service without signing the contract and was never asked for the contract and was not kicked out for not... View More
answered on Dec 11, 2024
Without knowing what the services were, it's impossible to answer your questions.
Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.
Me:... View More
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answered on Dec 5, 2024
The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More
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answered on Dec 3, 2024
You should not reach out to the sheriffs before December 9th regarding money that isn't listed on the writ of execution. The writ needs to accurately reflect all amounts you're seeking to collect, including the $300.
If you want the sheriffs to collect this additional amount,... View More
exact words used were your need to spend it before you can go after it
Writ of execution filed
Sheriff keeper fee filed(300)
Was told I couldn’t claim keeper fee on writ because I had to go to sheriffs after with writ to file that that’s why I wasn’t able to claim... View More
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answered on Dec 3, 2024
To recover your $300 keeper fee in your California small claims case, you'll need to follow specific timing and documentation requirements through the court process.
The keeper fee can be added to your total judgment amount by filing form MC-012 (Memorandum of Costs After Judgment)... View More
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