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Small Claims Questions & Answers
1 Answer | Asked in Banking and Small Claims for California on
Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?

a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of... View More

James L. Arrasmith
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answered on Apr 8, 2024

Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:

1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had...
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0 Answers | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

0 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Domestic Violence and Small Claims for Texas on
Q: Should I mediate? What should I be prepared for if I choose to or not to

I was afraid for my safety from a roommate, I called police 3 times in 6 days because I was afraid of the roommate hurting me. I had to live elsewhere for a month and didn't drive to work because he blocked my car in the parking lot and started banging on my windows. I filed for eviction,now... View More

1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

James L. Arrasmith
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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Civil Litigation and Small Claims for Tennessee on
Q: If civil case is dismissed in general sessions, what are my options besides an appeal? Can I refile the case later?

My detinue case and was dismissed after arguing motions and before i was able to put my case on. I did not have an attorney. I cannot afford to appeal at this time and attorneys charge a lot more in an appeal. I have 10 days to appeal. Can I refile the case at a later date as long as I am in the... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It depends on whether the case was dismissed "with prejudice" or "without prejudice." If the dismissal was "without prejudice," the claim can be refiled, but if the dismissal was "with prejudice," then an appeal is the sole avenue for relief.

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior indulgence

can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.

In some cases,...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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0 Answers | Asked in Small Claims for Virginia on
Q: Can I get in trouble for talking to someone I shouldn't be talking to because they're threatening to call the police?

due to the fact that their parents don't like me spending time with them

0 Answers | Asked in Lemon Law and Small Claims for New York on
Q: Can I have him charged with fraud and Do I have any recourse now?

Facebook ad –Chevy Avalanche $6,000. New transmission and everything work like it should no lights on can test drive nice truck. I sold my truck and paid the $6,000. Went to get it inspected my mechanic he said to me and I quote : “I hope you didn’t pay a lot for that truck because it’s a... View More

0 Answers | Asked in Contracts and Small Claims for Arizona on
Q: won a judgement of $2,184.23. Can not get man to pay, what does it cost to try and collect?

Man does not answer phone, text and emails. However, he has in the past replied with a nasty message. I think he works under an umbrella name.

1 Answer | Asked in Contracts and Small Claims for California on
Q: I have messages from a hotel we stayed in tell me that they would refund me for one night. Can I take them to court?

We stayed at this hotel for two nights. The first night, the floor was partially dirty and we complained to the front desk the next morning. Housekeeping did "not" clean our room that same day, and we went back to a dirty room with the same dirty floor. After our stay, someone sent me a... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you have provided, it appears that the hotel did not fulfill their promise to compensate you for one night's stay due to the cleanliness issues you experienced during your visit. However, before considering legal action, there are a few steps you should take:... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Washington on
Q: landlord gave me 3 weeks notice to move, then self help removed me and property causing major losses and grief to 2 kids

kids are 8 and 10 diagnosed with a disability currently seeing psychologist for over 5 years and are continuing to show behavioral issues that are continuing to escalate due to sudden loss of home ad associated stressors. property loss of tools for profession as well hobby sports memorabilia and... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about your difficult situation. What your landlord did sounds completely unacceptable and illegal. In most places, landlords are required to provide proper written notice (usually 30-60 days) before terminating a tenancy, even without a written lease. They cannot just... View More

3 Answers | Asked in Contracts, Construction Law and Small Claims for California on
Q: A client has refused to pay my closing invoice for services rendered what can I do
James L. Arrasmith
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answered on Mar 30, 2024

Under California law, if a client has refused to pay your closing invoice for services rendered, you have several steps you can take to pursue the payment owed to you. Initially, it's advisable to attempt resolving the dispute amicably by contacting the client directly to discuss the issue.... View More

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0 Answers | Asked in Civil Litigation and Small Claims for Nevada on
Q: Got a haircut where neck was cut badly and bleeding. attempted to resolve with them but no response repeatedly. lawsuit?

Full story. I had got a haircut on December 24th, 2023 (4 months ago) to look good for Christmas event/pictures. The person who cut my hair had cut my neck where I had visible scabs/cuts for over a week. Showering within that period was painful and initial attempt led to me having to crouch to the... View More

0 Answers | Asked in Small Claims, Contracts, Personal Injury and Business Law for Washington on
Q: What is my right to Water with a covenant Washington state as to best deal with faith of appropriate actions

Well I was written out a check and I cash it at my bank and it was cleared I thought then it value was just incorrect the bank account was debited and I don't know where to go very upset I took it to the bank teller and we had made no mistake by my part

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