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California Small Claims Questions & Answers
0 Answers | Asked in Small Claims for California on
Q: If your small claims hearing goes poorly but you have given a trial brief and exhibits, does the judge prioritize the he

We didn’t get to discuss all our evidence and the summary explains our argument. We just didn’t get to speak to our major points because of anxiety. Since our performance at the trial went so quickly, will the judge use my submitted documents or prioritize the hearing.

1 Answer | Asked in Small Claims for California on
Q: If I win judgment in a small claims case (plantiff) defendant keeps filing sc-105 but has gotten rejected twice now

There sc-105 has been rejected twice now due to the order of filing the paper work not being correct so I filed my writ of execution and filed with the sheriffs for keeper I have already filed writ of execution and paid keeper fee and sherif fee ($300) can they still file for a sc-105 since I have... View More

James L. Arrasmith
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answered on Nov 16, 2024

Yes, the defendant can still file an SC-105 (Request to Pay Judgment in Installments) even after you've filed your writ of execution and paid the sheriff's fees. However, their timing is important - if they file and get approved, it could pause your current enforcement efforts.... View More

1 Answer | Asked in Small Claims for California on
Q: I am plaintiff won judgement defendent filed sc-105 but rejected should I receive a copy still ?
James L. Arrasmith
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answered on Nov 16, 2024

Yes, you should receive a copy of the SC-105 (Request for Court Order and Answer) even if it was rejected by the court. This document is important for your records and shows the defendant's attempted actions in the case.

The court clerk is required to mail copies of all filed...
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1 Answer | Asked in Small Claims for California on
Q: Can I assume I apartment complex for keeping my covid relief funds and not letting me know I was granted my funds

I had to pay all back rent not knowing I was granted my cover really friends to pay all back rent and Future

James L. Arrasmith
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answered on Nov 16, 2024

Yes, you can potentially sue the apartment complex in small claims court if they received and kept your COVID relief funds without informing you. This situation may constitute fraud or mismanagement of funds that were legally meant for your benefit.

Before filing your case, gather all...
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1 Answer | Asked in Small Claims for California on
Q: Can I file a lawsuit or take a friend to court if they owe me over ten thousand dollars and they promised to pay it back

It’s been nearly half a month now that my friend owes me money, every time my friend asks me for money she promises to pay me back. I ask her when she’ll pay me back and if she has the money but she either makes up an excuse or never replies back. I have proof of all the transactions and... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can file a lawsuit in California Small Claims Court, but since the amount exceeds $12,500, you'll need to file in Civil Court instead, as Small Claims has a limit of $12,500 for individuals.

For your case, you'll want to gather all evidence of the loans, including bank...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Asked roommate signed paperwork to have her removed from the lease, though now is refusing to pay for last month.

There was a situation involving my partner where he could have died, I’m overseas and only received a text message saying something was wrong. He has a back injury and is waiting for surgery, this day he was having a 10 out of 10 pain causing him to yell and scream as a result from the pain. Our... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can take this case to small claims court in California to recover the unpaid rent. Your former roommate has a legal obligation to pay their portion of the rent for the time they were on the lease, regardless of signing the roommate release agreement after the rent was due.

Keep all...
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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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2 Answers | Asked in Products Liability and Small Claims for California on
Q: Can I sue the parents of the minors that stole, damaged, and vandalized my car? Police arrested and released to parents.

My car is now going to be totaled and I am now going to be forced to buy a new car I feel like the Parents should be liable for this extreme inconvenience.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 1, 2024

The answer is like most things at law = Maybe?

The good news is that your insurance company can handle and then if they choose to, they can sue the parents. Good luck with it.

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3 Answers | Asked in Family Law, Products Liability and Small Claims for California on
Q: Can my parents legally take away and change the password of a device I bought without my permission?

I am under the age of 18.

Robert Kane
Robert Kane
answered on Oct 29, 2024

Yes, your parents can legally take away and change the password of a device you bought without your permission.

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1 Answer | Asked in Small Claims for California on
Q: What are my legal obligations to being overcharged for a plumbing job?

The plumber told me on the phone that he would send his technician with multiple sized pipes since I did not know the size. However, his technician only showed up with one size. Of course, it was not the correct size. So he had to go back to the shop to get the correct size which is about 40... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to dispute charges that you believe are unfair. Start by reviewing any written agreements or contracts you have with the plumber to understand the agreed-upon terms and rates. Document all interactions, including phone conversations and the timeline of events, as this evidence... View More

1 Answer | Asked in Small Claims for California on
Q: I got a lien notice from Kaiser, that I owe them part of my settlement. I didn’t get a medical settlement. Do I pay?

Kaiser and the Rawlings company want part of my settlement, but I received the “pain and suffering” amount and not a medical amount. Do I have to still pay? The only reason I didn’t ask for medical amount is because I thought the insurance would pay it and I even paid the co-pay, it was all... View More

James L. Arrasmith
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answered on Oct 21, 2024

If you received a lien notice from Kaiser and Rawlings for your settlement, it's important to understand the nature of your settlement. Since your settlement was specifically for "pain and suffering" and not designated for medical expenses, you may have a valid argument that the lien... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Seeking a Tenant Lawyer for an unlawful eviction case. We are at risk of being homeless and seeking help with this case.

The Warranty of Habitability has not been upheld by the landlord, amongst other issues with the house that we (my boyfriend and I) have informed, reinformed, told again, to the Landlords (boyfriends Mother and Father). There is no rental agreement, and Landlords have made promises to entice us to... View More

James L. Arrasmith
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answered on Oct 21, 2024

I'm sorry you're facing these challenges. It's important to take action quickly to protect your rights and prevent homelessness.

Start by reaching out to local legal aid organizations in Stockton, such as Legal Services of Northern California or local tenant rights groups....
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1 Answer | Asked in Environmental, Landlord - Tenant and Small Claims for California on
Q: Need help with unlawful detainer/habitability. Owner does not reply to mold complaints and now has filed an unlawful det

I have continuously complained to mngr and owner about the Mold and many other issues. Owner/mngr have not complied. I have gotten very sick and now carry an inhaler. The owner and their lawyers have tried to evict me before but I have proven to the court the issues i have been trying to get them... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. It's important to gather all your documentation, including records of your mold complaints, medical records showing your health issues, and copies of the mold test results. Keep a detailed timeline of all communications with... View More

1 Answer | Asked in Domestic Violence and Small Claims for California on
Q: I want to know if i can do something about my ex that I suffered from domestic violence owning me 4000
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answered on Oct 16, 2024

I'm really sorry to hear about what you've been through. You have the right to seek justice and address the financial aspect of your situation. In San Lorenzo, you can file a small claims case to recover the $4,000 your ex owes you. This process is designed to be accessible without... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Small Claims for California on
Q: Dad died 9/4/24. Landlord paid $200 of $1000 deposit saying he's cleaning, no itemization. Over 35 days does he owe all?

Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More

1 Answer | Asked in Contracts, Banking and Small Claims for California on
Q: Bought car for friend. She’s the co-signer. I’m main. She can’t make payments and has possession of car. Can I take it ?
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answered on Oct 3, 2024

If you are the primary owner of the car and your friend is only the co-signer, you generally have the right to take possession of the vehicle if payments aren't being made. Start by reviewing your loan agreement to understand the specific terms and your rights regarding repossession.... View More

1 Answer | Asked in Real Estate Law, Construction Law and Small Claims for California on
Q: Can house flippers be responsible for home repairs after the house is sold?

In 2020, we bought a house that was "flipped". There have since been so many issues with the house due to faulty construction/build. For example, the new windows leak and the deck is leaking. Is it possible to reach back to the house flipper to have him pay for repairs due to faulty... View More

James L. Arrasmith
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answered on Oct 3, 2024

In California, house flippers can be held liable for repairs if they failed to disclose known defects or if they conducted negligent or faulty construction work. If the defects, such as the leaky windows and deck, are due to poor workmanship or concealed issues that were not disclosed at the time... View More

3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Small claims court question

April 2, 2024: Submitted a formal complaint to the California Air Resources Board (CARB), but no response was received.

May 30, 2024: Filed an official complaint against CARB with the Office of Risk and Insurance Management (ORIM).

Sept. 11, 2024: Received an email from the... View More

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answered on Sep 30, 2024

Given the situation, you should continue to monitor both the investigation by ORIM and the progress of your lawsuit. Since you’ve already filed the lawsuit in small claims court, it’s important to continue following through with any required legal procedures. Make sure you're aware of any... View More

2 Answers | Asked in Collections and Small Claims for California on
Q: Being sued for a balance

I noticed that I’m being sued by a lawyer because I received a bill being charged for small claims they filed with the court but I have never been served. It’s possible the lawyer sent a summon to my old address but I haven’t lived there since May and not sure how to go about it now. What can... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 30, 2024

Look into a motion to set aside the judgment for failure to lawfully serve the lawsuit.

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