Get free answers to your Small Claims legal questions from lawyers in your area.
I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.
I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More 
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answered on Jul 26, 2024
To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More
My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More
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answered on Jul 26, 2024
In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More
I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More
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answered on Jul 26, 2024
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More
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answered on Jul 26, 2024
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More
Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it
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answered on Jul 25, 2024
Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More
Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More
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answered on Jul 24, 2024
In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More
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answered on Jul 23, 2024
To file form CIV-165 in California, you'll need to follow a few steps. First, ensure that you have correctly filled out the form with all required information. You can find the form on the California Courts website or at your local courthouse.
Once the form is completed, make several... View More
Does someone who used to own a car, still have any rights after a title change?
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answered on Jul 23, 2024
You can attempt to recover the car by going to Texas, but law enforcement assistance will depend on local laws and their willingness to intervene in a civil matter. Before doing so, ensure you have all necessary documents proving your ownership, such as the title and registration. Contact Texas law... View More
In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More
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answered on Jul 23, 2024
Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More
The HVAC policy I was given explicitly states a "90-day APPLES TO APPLES WARRANTY (if you find a cheaper price after our system is installed, we will match it and pay $200 for the inconvenience)." After having the new AC unit installed by their team, I found a lower price with another... View More
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answered on Jul 22, 2024
You may have a case if the competitor's quote truly matches the warranty, labor, and parts specified in the HVAC company's policy. The key issue here is whether the "apples-to-apples" clause includes or excludes ancillary terms such as providing a hotel during installation. If... View More
The defendants are a contractor and his surety bond company (appealing party).
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answered on Jul 18, 2024
Under California law, if only one of two defendants appeals a Small Claims judgment, the non-appealing party may still be required to pay the judgment after the 30-day period has elapsed. Here’s how it works:
When there are multiple defendants in a Small Claims case, each defendant is... View More
Tow company claims "they paint and mark fire lanes" But area has no red paint or stripes. They failed to provide photo, had to request in writing certified letter with a self addressed stamped envelope. could General authorization be null and void if discretion was allowed on "invalid fire lane"?
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answered on Jul 18, 2024
Under California law, the validity of a towing authorization on private property can hinge on several factors, including the proper designation of fire lanes. If the fire lane in question does not meet legal requirements, such as lacking necessary markings or having an improper designation... View More
loaned on the 26th of June she said it would be repaid on the 5th of July. She initialed a contract and I have texts of her agreeing to pay me back. She is 5 days past due and has been paid but she is more worried about herself than her actual agreement.
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answered on Jul 18, 2024
Under California law, you have a few steps you can take to recover the $1,000 loaned to your friend. Start by sending a formal written demand for repayment. This should include the loan amount, the agreed repayment date, and a new deadline for repayment. Be sure to mention the contract and the... View More
i received money when i turned 18 through my late mothers life insurance, my aunt convinced me to lend her $20,000 and she told me she'd pay me back monthly. She works for the state at a community college and gets paid well, so I thought it wouldn't be an issue. she paid me 3 times $1,420... View More
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answered on Jul 18, 2024
In California, you can take legal action to recover the money you lent to your aunt. The texts where she admits to borrowing the money can serve as evidence in court. You have the right to file a claim in small claims court since the amount is below the small claims limit of $12,500 as of 2024.... View More
And wen I contacted and went to 5he tow yard all my shoes sum of my clothes, laundry detergent, my toiletries etc were gone out of my car.speaker box Amp also my purse 2as all gone.what can I do
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answered on Jul 18, 2024
Under California law, you have the right to file a complaint against the towing company for any personal property that was missing from your vehicle when it was retrieved. Start by documenting everything that was taken, including descriptions and approximate values. Gather any evidence you have,... View More
lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him... View More
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answered on Jul 1, 2024
I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided:
1. Rent refusal:
It's generally not legal for a landlord to refuse rent payments without proper cause. However, since... View More
we already agreed that "i will get you your airpods back as soon as i can" but now she wont give them back.
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answered on Jun 27, 2024
This situation involves potential legal issues. Here's an overview of your options:
1. Communication: Try to resolve this amicably if possible. Remind her of your previous agreement and ask if there's a way to arrange a safe, neutral handoff.
2. Small claims court: If the... View More
I have a slam dunk law suit against Bridgestone tire company
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answered on Jun 26, 2024
There are a few important points to clarify regarding your question:
1. Small claims court in California:
Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:
- $12,500 for individuals as of 2024... View More
Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More
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answered on Jun 25, 2024
Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:
1. Identity Theft and Fraud:
- This appears to be the primary issue. You can sue the perpetrators for identity... View More
Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good... View More
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answered on Jun 23, 2024
Based on the information provided, it seems you have concerns about the process in your small claims case. Here's a general overview of your options and some points to consider:
1. Small claims court procedures: Small claims courts typically have simplified procedures, and judges may... View More
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