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Small Claims Questions & Answers
1 Answer | Asked in Contracts and Small Claims for California on
Q: I signed a contract in Washington, but moved to California. The contract violates CA state law. Is it still enforceable?

The contract in question is for an in-person dating service, which does not exist anywhere near where I now live in California. The company acknowledges that I cannot make use of their service, but they are refusing to let me cancel and demanding that I pay the full amount. California civil code... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 30, 2023

Without more facts, there is no reason to even assume a California court would have jurisdiction over the company or this issue. Even if it did, there is no reason for California law to be applied to a contract made in Washington with a (at the time) Washington resident. All that being said, to... View More

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: what remedy for small claims plaintiff in Michigan, the judge has not yet opined, it's been 90 days

Plaintiff submitted ample documentation of claim including photos, written estimates, etc...against defendenat who was licensed builder. Defendant submitted obvious false receipts from day job as ServPro Project Manager to retain over $4K

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2023

Have you had a hearing yet? That's when decisions are made.

0 Answers | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

0 Answers | Asked in Divorce, Civil Litigation and Small Claims for Virginia on
Q: Can I get sued for taking car back from ex-wife (divorce finalized)?

I purchased a car for my ex-wife to drive before we were married, it was tagged and titled in my name ever since. She would PayPal me monthly to cover part of the note and the now much higher insurance premiums. She paid about 33% of the loan before she stopped making payments, we separated a few... View More

0 Answers | Asked in Small Claims for Wisconsin on
Q: Is it possible to dispute a debt that is over 19 years old and has recently filed for wage garnishments?

There was a small claim's suit that resulted in a judgement for an apartment complex that I lived in with my son's dad. He caused damage shortly before we moved out. He was arrested that night and I spoke with the complex. They assured me that in domestic violence situations they could... View More

0 Answers | Asked in Small Claims for Alaska on
Q: Is it possible to dispute a debt that is over 19 years old and has recently filed for wage garnishments?

There was a small claim's suit that resulted in a judgement for an apartment complex that I lived in with my son's dad. He caused damage shortly before we moved out. He was arrested that night and I spoke with the complex. They assured me that in domestic violence situations they could... View More

0 Answers | Asked in Contracts, Business Law, Civil Litigation and Small Claims for Indiana on
Q: What do you do if someone takes your items at a store and withholds them

Left some items at a toy store to be appraised and on way home a ball joint broke and hit guardrail totalling the truck the whole time I kept in touch with intent to pick up asap. Yet upon finally getting to that point I messaged and no reply, emailed an no reply, so week later sent another message... View More

1 Answer | Asked in Small Claims for Michigan on
Q: From when would deadline to plead be (when the motion was accepted or the pretrial hearing (originally the motion date)?

I submitted a motion to set aside default a 2 months ago in small claims court. The motion was given a hearing date, but in interim the plaintiff accepted it and the same hearing date was changed to a pretrial hearing (and motion adjourned to set aside default). I did not receive a letter for this... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

If you are having these questions, you need a lawyer. These are procedural questions. From what you describe, you had already been defaulted, which would otherwise effectively end the case for you and subjecting you to whatever the plaintiff was asking for. You seem to have successfully got the... View More

0 Answers | Asked in Antitrust, Civil Rights and Small Claims for Montana on
Q: My school is requesting I fill out my menstruation cycle on my athletic forms. I find this to be discriminatory. True?

This is directed at females and not optional. Will not filling it out not allow me to participate? I also have concerns that they will store my data on third-person parties. I'm simply asking for a professional opinion to understand the situation. Could you explain this to me?

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: A person owes me money and stated a family member would pay but neither has can I sue both of them?
Scott Scherr
Scott Scherr
answered on Sep 28, 2023

You may sue the person that owes you the money. Unless the family members guaranteed the debt to you (which has to be in writing), they are not obligated to pay you despite the fact that they later told you they would pay. The statute of frauds states that any guarantee to pay has to be in writing.

0 Answers | Asked in Small Claims for Idaho on
Q: A guy owes me over 20,000 dollars in idaho. I have proof with text messages. What can I do?

He was helping me trade crypto and he had me send him money to help with his father's funeral. He promised he would pay me back.

0 Answers | Asked in Small Claims for New Jersey on
Q: A child’s parent let their kid into my room, and my belongings were broken while I was gone. What evidence do I need?

I work, and while I work, there are two children under the age of 12 whose mother and grandmother let them have free rein over my bedroom. I have often come home to empty platters on my bed, trash from snacks and drinks on my bed or floor, missing or broken objects. Most recently, a laptop I just... View More

0 Answers | Asked in Consumer Law, Civil Rights, Public Benefits and Small Claims for Washington DC on
Q: I'm A Handicap 34 Year Old Handicap Man In Washington D.C. &, I Have Some Cases!

I, Was Asked Too Get Out Of A Wheelchair That I Was Asked To Get Out Of The Wheelchair I, Was In! Because I Had Feel Asleep!

0 Answers | Asked in Small Claims for Wisconsin on
Q: Can I be taken to small claims over a favor I didn’t ask for with no written agreement?

My roommates boyfriend picked me up from where I previously lived and paid for a truck rental and gas and a hotel stay. I never asked him to do this and we have no documents or anything saying i asked or saying he wanted to be reimbursed.

0 Answers | Asked in Landlord - Tenant and Small Claims for Massachusetts on
Q: Can I just leave my roommates and move out?

I live in Boston.

My roommates are on the lease. I am not on the lease.

They want to charge me more on rent, but I'm not ok with the new amount they want me to pay.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Domestic Violence and Small Claims for California on
Q: How do I report a Landlord that lives with their tenants and bullyies one of them 3 or 4 day a week for the last year?

My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More

James L. Arrasmith
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answered on Sep 24, 2023

In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Texas on
Q: my former roommate has admitted to owing me money for covering his portion of bills and now refuses to pay can i sue?

my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.

0 Answers | Asked in Products Liability and Small Claims for Arizona on
Q: If a mechanic caused damage after installing a part, what liability do they have on cost to fix

After installing front bushings, the front tie rod broke while driving back to the mechanic to fix - I have to tow over but feel like they should pay for towing + all/any damage it caused. He did claim that they had more items to fix, so feel that they knew something needed to be done

0 Answers | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: It took 68 days to be contacted about my security deposit, and the law states landlords have 45 days to return it.

In the notice, they claimed we owe a balance of $651.50. The "itemized list" literally says: "drip pans, filter, debris, blinds, wall paint : $584; cleaning fee: $67.50"

First off, there's no way that blinds and filters and drip pans add up to almost $600. The... View More

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