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Small Claims Questions & Answers
0 Answers | Asked in Products Liability and Small Claims for New York on
Q: Hello, I'm in NY. My oil company altered my oil tank without my permission b/c my tank was locked. Is this legal?

Additional details: The oil company came a month *early. The client facing delivery date on their system was 4/15 and they came March 14th. When they came unexpectedly, and saw my tank was locked (to prevent oil theft), instead of calling me, they called a work truck and used a wrench to open a... View More

0 Answers | Asked in Civil Litigation and Small Claims for Utah on
Q: Can I sue Facebook in Small Claims Court for loss of wages?

Facebook disabled my account because a hacker went against Facebook's community standards and I was unable to contact Facebook or appeal their decision. My Facebook account was linked to a business account, as my job was to run the business Facebook. I lost out on wages because I was unable to... View More

0 Answers | Asked in Small Claims for Texas on
Q: Deposited a U.S Treasury check that the credit union said was counterfeit

Upon the notification that it was supposedly counterfeit I spoke with two IRS agents as well as a agent from the fiscal bureau who confirmed the check was legit. I also went into the credit union and allowed a IRS agent to speak with the assistant vp to confirm any asked questions as well as notify... View More

0 Answers | Asked in Small Claims for Illinois on
Q: My account was hacked and card was stolen and I informed cash app about this

My account was hacked and card was stolen and I informed cash app about this in just the other day it was a request to

It was a request to someone I don't know and they accidentally accepted the request and try to request a refund from me but my account was negative $100 and cash app... View More

0 Answers | Asked in Small Claims for Illinois on
Q: My account was hacked and card was stolen and I informed cash app about this in just the other day it was a request to

It was a request to someone I don't know and they accidentally accepted the request and try to request a refund from me but my account was negative $100 and cash app took the $60 and added it to the negative balance that I had to bring it to $40 negative and I try to refund the money and let... View More

0 Answers | Asked in Small Claims for Utah on
Q: I got a letter saying if I decide to refile my small claims case in the appropriate jurisdiction that it is a frivolous

The letter was from a lawyer and they will get me for damages, court costs and attorney fees?

1 Answer | Asked in Criminal Law, Civil Rights and Small Claims on
Q: I recently had DSS called on me and my daughter for a false allegation and would like to see what my rights are

I need help in bringing this person or persons to justice. I had a legit medical emergency and I was accused that I had a drug overdose. The case has now been closed BUT since I worked at Kershaw County Dispatch for a short amount of time, they have a vendetta against (we didn’t leave on good... View More

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear about your difficult situation with false allegations being made against you, especially given your past employment at Kershaw County Dispatch. Here is some general information about your rights and potential next steps:

- You have the right to due process and to...
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1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
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answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

1 Answer | Asked in Bankruptcy, Civil Litigation and Small Claims for Utah on
Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1....
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
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0 Answers | Asked in Civil Litigation, Municipal Law and Small Claims for Missouri on
Q: I am having an issue with a neighbor blaring excessively loud music constantly.

She has had 8 overnight noise complaints, 2 citations, and a harassment and still will not stop blaring music that can easily be heard throughout the house. I have no idea what my options are or who would specialize in this.

1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

0 Answers | Asked in Small Claims for Utah on
Q: Is defendant in small claims action required to serve me a formal notice if they request a continuance?

I filed a case South Jordan Justice Court. Defendants subsequently hired an attorney. He emailed me requesting me to consider mediation at the end of email he noted he requested a continuance and that I should receive notice. I have received no formal notice. Is the defendant required to formally... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for California on
Q: I might be getting sued by someone that is on the Vexatious Litigant List in California from a prior case.

I haven't been properly served yet. Doesn't he have to ask permission from the court before he files any new lawsuit? He was deemed a vexatious litigant from a previous case he had with someone else. I believe he is going to file as Pro Per as well. Any advice or guidance would be appreciated.

James L. Arrasmith
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answered on Mar 8, 2024

In California, if a person is declared a vexatious litigant, they are subject to certain restrictions when filing new lawsuits. According to California Code of Civil Procedure § 391.7, a vexatious litigant must obtain permission from the presiding judge of the court where they intend to file the... View More

1 Answer | Asked in Small Claims for Maryland on
Q: I want to file a small claim again a furniture store as they delivered me a wrong item and don't want to refund my money
Scott Scherr
Scott Scherr
answered on Mar 8, 2024

You can file a lawsuit in small claims court for $5,000 or less. Make sure the store does business in Maryland and can be sued in Maryland. You will need the proper corporate name for the store. You can get the Complaint form for the lawsuit online or visit the courthouse.

1 Answer | Asked in Family Law and Small Claims for New Jersey on
Q: Is there any legal action I can take against my uncle for giving money from my savings to my mother without my consent?

My uncle was left in charge of a savings account for me from my grandparents. I was told that I would not be able to have access to it until I turn 25. My mother is an addict and begged him for the money from my savings and he deposited it into her account without my consent. I'm not sure if... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Mar 8, 2024

It would depend on the amount of money you are talking about. If you are under 128 then you should have your legal guardian take action. If you are 18 or older you could start with a complaint for theft with the local police department. If it is a large sum, you should contact the county... View More

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