Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
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.

0 Answers | Asked in Consumer Law, Contracts and Small Claims for Arkansas on
Q: Is it legal I was served a writ of execution 5 days before 10 year mark of judgement granted

I was sued 10 years ago. I was served a writ of execution yesterday and it lists my only car. It also lists my husbands truck (jointly owned) he was not involved in the judgement or the suit, as we were not married or together at that time. I have been harassed on multiple occasions by my old... View More

0 Answers | Asked in Small Claims for Oklahoma on
Q: Can a students parent sue another student/their parent for getting their child searches

A high school kid got caught vaping and the parent is going to call the school to get the other (the kid who allegedly sold a vape to the other kid but didnt) kid searched/ questioned. The parent of the kid who was accused says if their kid gets searched at school they are gonna sue. Can this... View More

0 Answers | Asked in Consumer Law, Landlord - Tenant and Small Claims for Arizona on
Q: If I got a storage unit on July 11th and it said on the agreement that each month on the 11th I am to pay rent. But the

Storage unit place would charge me on the 9th saying that was the due day. And then only 2 days after the 9th so the 11th they would put a late fee but it clearly states in the contract that I have a 5 day grace period to not be fined. Also are they allowed to continuously up the rent with our... View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

0 Answers | Asked in Small Claims for Minnesota on
Q: What should I do about a car rental company claiming the vehicle was damaged during our rental period when it wasn't?

The damage is a small scratch that they're claiming cost $800 to fix. I know we didn't cause the scratch and even if we had, there's no way it would actually cost that much to fix. I don't have any photos from before we left with the car and they're saying that they don't either.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

0 Answers | Asked in Landlord - Tenant and Small Claims for Maryland on
Q: I filed in small claims to have my security deposit returned…

I was awarded a judgement for the portion not returned. I have a couple of questions: why wasnt interest factored in? Did i specifically need to ask for it? My landlord has made no attempt in nearly a year to pay me. How do i get the money owed to me? I was in a homeless shelter. The shelter asked... View More

0 Answers | Asked in Consumer Law and Small Claims for Florida on
Q: The Florida Small Claims Rules Apply. This case is governed by the Florida Small Claims Rules. Case is > $18k credit car

Does the court applying Small Claims rules limit the amount the plaintiff can be awarded on its Account Stated Claim of over $18,000 to $8,000? Case was filed in county court, court issued pretrial order and notice of trial.

0 Answers | Asked in Consumer Law and Small Claims for Wyoming on
Q: Can a personal credit card company (or collector who bought the debt) sue my WY corporation?

I think a personal credit card company/collection agency from the beginning of CoVid 19 is attempting to sue me and/or my WY corporation because they sent a UPS overnight letter to my Wyoming registered agent without any return address name. Upon doing a search of the address in St Petersburg, FL,... View More

0 Answers | Asked in Small Claims for Colorado on
Q: If I want to sue a nation-wide company, do I have to serve papers to their representative in my state, or at their HQ?

I had a consumer protection issue with eBay last year, and I ended up losing both the item I was selling, and the funds from the sale. I would like to take eBay to small claims court to recoup the lost income from the sale of the item.

0 Answers | Asked in Car Accidents and Small Claims for Arkansas on
Q: Is it legal to demand payment for automotive repairs before they are complete?As well as demanding payment for “storage”

There have been no written or oral contracts signed where they stated payment must be done before repairs are complete, or anything about storage fees.

0 Answers | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Washington on
Q: In WA not 30 miles after significant engine work, my car's engine caught fire destroying the vehicle.

We had $5,000 worth of work done on our car engine. The same days as picking it up, after driving not even thirty miles, the engine caught fire and totaled the car. We're working through the process with our insurance company and have informed the dealer who did the work of what happened.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.