Get free answers to your Small Claims legal questions from lawyers in your area.
Your current state is Virginia
I learned from logging into my RentCafe.com account that my password was involved in a recent data breach. However, I did not receive any emails from the company regarding this issue. I have since changed my password. My email has been involved in past data breaches, but I'm particularly... View More 
I recently got kicked out of my mom's apartment, where my dad is also on the lease and supports my right to take my belongings, which I intend on doing. My mom is refusing to let me retrieve my property, which includes gifts from my fiancé and friends, items I've purchased myself, my... View More
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answered on Apr 21, 2025
You have three primary options for retrieving your personal belongings from your mother's apartment in California:
First, request a civil standby through your local police department's non-emergency line. This involves a police officer accompanying you to retrieve your property,... View More
I purchased a used car approximately 11 months ago and shortly thereafter, the dealership informed me they had canceled my loan, demanding I return the vehicle within 24 hours. Traveling to return the vehicle was impossible since I had taken a plane to initially purchase it. The dealership's... View More
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answered on Apr 20, 2025
What happened to you appears to be illegal under California law. When a dealership cancels a financing contract, they CANNOT keep your down payment or trade-in, charge you for vehicle use (except for damages), or threaten you in any way. The "Seller's Right to Cancel" provision in... View More
I sold my car to a person who paid me $400 cash and was supposed to pay an additional $450 via PayPal. We had a written agreement regarding this payment. He claimed to have issues with his PayPal but assured me he would pay once resolved. However, it's been two days, and he has not paid and is... View More
20 years ago, my nephew was involved with two others in taking a 12-pack of beer, and he went to prison because the others implicated him. A year ago, the state demanded $20,000 restitution, despite the time passed, and he has already paid $10,000. They placed a lien on his house and advised him to... View More
I am the plaintiff in a small claims action against a POA board in Texas due to their refusal to repair roof and interior damage caused by leaks. I initially had the petition served to the owner of the former management company, but he never received it before being terminated, and thus did not... View More
I am trying to litigate against someone in Fayette Magistrate's small claims court in Georgia. We have filed the case, but the Sheriff's attempts to serve the defendant have failed, as they believe someone is inside the home but the defendant is refusing to answer the door. I've been... View More
I have a legal issue with Ilderton Dodge in High Point, NC, where faulty parts were installed in my Dodge Journey, leading to a blown head gasket. The installation occurred in June 2024, with several subsequent visits failing to resolve the problem. By January 2025, after a second opinion and... View More
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answered on Apr 16, 2025
For the issues you are facing with Ilderton Dodge in High Point, NC, it would be prudent to consult a consumer protection attorney or a lawyer specializing in automotive law. These legal professionals are well-versed in handling cases involving faulty product installations, warranty disputes, and... View More
Can you sue a manager or leasing company in small claims court for defamation and refusal to reapply to a low-income property? I initially applied in person while living in Tennessee to a property in Sevierville. The manager falsely accused me of harassment after I contacted them per HUD guidelines... View More
answered on Apr 24, 2025
It would be best to check with attorneys who practice in Tennessee, but you posted two weeks ago. In most jurisdictions, small claims divisions are limited by monetary caps, and can limit the scope of matters handled. Cases are usually straightforward and non-complex. A starting point could be to... View More
I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More
answered on Apr 18, 2025
It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.
If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are... View More
I rented an apartment in Massachusetts and moved out on January 31st after providing more than 30 days' notice. There wasn't a written lease agreement. All communication with my landlord was via text messages. Despite requesting my security deposit and interest back twice, the landlord... View More
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answered on Apr 12, 2025
Yes, you may have grounds to sue your landlord in Massachusetts for not returning your security deposit interest. Under Massachusetts law, landlords are required to return the security deposit, along with any interest accrued, within 30 days of the tenant moving out. If the landlord fails to do... View More
In Florida, I've been served an unlawful detainer without receiving prior notice. My landlord removed my belongings, locked them up, and the deputy sheriff intervened, stating eviction would need a proper process. I’ve documented rent payments and have evidence of belongings’ damage. I’m... View More
answered on Apr 11, 2025
Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help... View More
I have been renting a property under a verbal agreement since August. Due to harassment from the landlord, I began moving out, but didn't give formal notice. Recently, the landlord moved all my belongings to an outbuilding and locked them up, even though a sheriff's deputy and witnesses... View More
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answered on Apr 12, 2025
In Florida, an unlawful detainer is different from a typical eviction—it applies when there’s no landlord-tenant relationship, such as no rent being paid or no lease agreement. Since you had a verbal rental agreement and paid rent, your situation sounds more like a landlord-tenant relationship,... View More
I am the legal owner of a truck in Alabama and hold the title. On March 28, 2025, my truck was towed after a traffic stop. Initially, an officer allowed my friend, who was purchasing the truck, to return later to move it, but another officer insisted on towing it under a "highway safety... View More
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answered on Apr 12, 2025
It sounds like a frustrating situation, especially given that you weren’t notified until much later. The first step is to **gather all the evidence** you have, including the title proving you’re the legal owner of the truck, any records of your conversations with the officers or the tow yard,... View More
I am involved in a small claims case with a former tenant, scheduled around May 5th. I did not refund her deposit because she caused several damages and violated the rental agreement, such as having unauthorized guests and pets, despite my multiple requests to stop. The rental agreement mentions... View More
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answered on Apr 10, 2025
If you believe your health condition will interfere with your ability to represent yourself effectively, it’s reasonable to request a delay in the proceedings. Since your doctor has already provided a letter to the court, you’ve taken an important step toward protecting your ability to... View More
I submitted a small claim for rent owed by a tenant who left, totaling $684.00, including unpaid rent, debris cleanup, and a utility bill that was on my deceased mother's utility account. However, the tenant's lawyer requested dismissal on the grounds that I lacked authority to rent the... View More
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answered on Apr 12, 2025
This is a tough situation, especially after you’ve been caring for the property for so long. In Texas, when someone dies without a will, their property passes to their heirs under intestate succession laws, but the legal authority to act on behalf of the estate isn’t automatic. Even if you’ve... View More
I am the plaintiff in a case at the North Las Vegas Justice Court, where the majority of my case was dismissed in small claims court. I want to know if I can file a motion for a new trial under Rule 59(b) in the small claims division, assuming I meet all the necessary requirements for such a motion.
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answered on Apr 13, 2025
You’re right to look into your options after a dismissal—it’s frustrating when your case doesn’t get the consideration you hoped for. However, **Rule 59(b)** of the Nevada Rules of Civil Procedure applies to **district court civil cases**, not small claims cases. In North Las Vegas Justice... View More
I live in my son's house in Santa Clara County, CA, which is owned by him and held in trust. I owe a small bank $4,000, but now that I'm retired, I can't repay it. The bank filed a claim against me in small claims court. Recently, I received a letter from the Santa Clara County... View More
answered on Apr 6, 2025
Most likely the Recorder is just informing you that an "Abstract of Judgement" has been recorded. Such a document can be a lien against real property. If you don't have real property, it can't be a lien against it.
I am suing a business in small claims court because the snap-in over denture they provided was not made correctly. When I initially filed the claim, the business was listed as a PLLC and not in good standing. The business has since changed its name to a Domestic Professional LLC. They did not... View More
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answered on Apr 13, 2025
You're asking an important question, and it’s great that you’re staying on top of the details. When a business changes its name—especially while involved in an active legal matter—it is **their responsibility** to update the court and anyone involved in the case, including you. That... View More
I am a widow preparing a Small Estate Affidavit for my deceased husband's bank account, which was solely in his name, and there was no will. I am unsure whether to list only myself as the successor or to include his children from a previous marriage, whom I have no communication with and... View More
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answered on Apr 5, 2025
I'm really sorry you're going through this—it’s already a tough time, and dealing with legal paperwork just makes it harder. When there's no will in California, the estate passes according to the state’s intestate succession laws. As the surviving spouse, you’re entitled to a... View More
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