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1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Small Claims for Texas on
Q: I'm in a luxury treatment center in Arlington Texas I had a bad fall getting into shower went threw glass door

No slip matt our grip bar told them I hit my head and back had to walk to the lobby bleeding from multiple places including my feet. They seem it unnecessary to call ambulance made me sit in the lobby bleeding for and hour until they found someone to take me to emergency room. To and insult to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2024

I'm sorry about your accident and your injuries, and the way things were handled. It's possible you have grounds for a case. Naturally, any law firm is going to reserve judgment until they investigate thoroughly, including manner of accident, the injuries, the response, applicable... View More

1 Answer | Asked in Small Claims for Texas on
Q: can a credit card lawyer file a motion of default judgement against me 20 days before my court date ?

I was sued by a credit card and i did every correctly. My date to appear was Dec 5 2024 they filed a motion of default judgement against me in Nov 11 2024 which i was unaware of. i appeared in court and they were only on the phone i guess seeing if i appeared. they asked for a continuance. i guess... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2024

If you have not done so already, you should file a written answer to the company's petition in the court. If you contend you have made any payments not reflected in the petition, you are required to affirmatively plead payment stating the date, amount, and method of payment. Otherwise, you... View More

1 Answer | Asked in Contracts, Criminal Law, Banking and Small Claims for Florida on
Q: I sold my camper van to a guy in south Carolina and I live in Florida. He canceled his check. What can I do

He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.

Erik A. Perez
Erik A. Perez
answered on Dec 5, 2024

You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.

2 Answers | Asked in Contracts, Real Estate Law and Small Claims for California on
Q: Is an offer made via email binding, if a subsequent paper agreement was executed with a term omitted.

Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.

Me:... View More

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More

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4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Neil Pedersen
Neil Pedersen
answered on Dec 4, 2024

First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

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1 Answer | Asked in Small Claims for California on
Q: Should I reach out to sheriffs prior to dec 9th n let them know to go after the 300 even tho it’s not filed on the writ
James L. Arrasmith
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answered on Dec 3, 2024

You should not reach out to the sheriffs before December 9th regarding money that isn't listed on the writ of execution. The writ needs to accurately reflect all amounts you're seeking to collect, including the $300.

If you want the sheriffs to collect this additional amount,...
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1 Answer | Asked in Small Claims for California on
Q: So I have small claims case I won judgement Filed writ of execution was told to file keeper fee with sheriffs

exact words used were your need to spend it before you can go after it

Writ of execution filed

Sheriff keeper fee filed(300)

Was told I couldn’t claim keeper fee on writ because I had to go to sheriffs after with writ to file that that’s why I wasn’t able to claim... View More

James L. Arrasmith
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answered on Dec 3, 2024

To recover your $300 keeper fee in your California small claims case, you'll need to follow specific timing and documentation requirements through the court process.

The keeper fee can be added to your total judgment amount by filing form MC-012 (Memorandum of Costs After Judgment)...
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2 Answers | Asked in Appeals / Appellate Law, Landlord - Tenant and Small Claims for California on
Q: As plaintiff, how do I prepare for an appellate hearing (small claims) in CA?

I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.

The landlord filed a motion-to-vacate the Court’s ruling,... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More

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1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
answered on Dec 3, 2024

Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.

As community property, you and your husband should mutually instruct the closing...
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1 Answer | Asked in Small Claims for New York on
Q: what can i do if i am still unable to reach a representative to claim pandemic unemployment backpay that is owed to me?

both i and my mom made the same mistake: when certifying for pandemic unemployment assistance, we pressed a wrong button, made a wrong choice, and for that we were denied most of the money. i have tried countless times to call them and correct our claims, but throughout these few years i have never... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

An employment law attorney would probably have the most insight into this, but your question remains open for a week. The question may have gone unnoticed under the "Small Claims" heading. Some questions here do remain unanswered, but you could try reposting under "Employment Law." Good luck

2 Answers | Asked in Small Claims for Michigan on
Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?

It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More

Brent T. Geers
Brent T. Geers
answered on Dec 1, 2024

"...if you don't read anything more into it". In the law, there is always more to read into it.

Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or...
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1 Answer | Asked in Small Claims for Michigan on
Q: I am the Plaintiff in a Claim & Delivery case in St Clair County. Isn't Oath Taking mandatory? I am representing myself.

Also, Defendant filed Affirmative Defenses but brought no evidence (because they're untrue), Plaintiff was kept in Zoom room while Defendant and Judge chatted in the courtroom, and Plaintiff wasn't allowed to present evidence supporting her claims.

Adam Alexander
Adam Alexander
answered on Dec 1, 2024

The only question I see is: "Isn't Oath Taking Mandatory?"

I suggest you explain your question in more detail so attorneys can accurately ascertain what information you are seeking.

Was this a trial? A Motion? What happened at this Zoom hearing? Is there another...
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1 Answer | Asked in Banking, Education Law, Elder Law and Small Claims on
Q: hi po im from philippine and i just wantcto ask what law can i file to a person who has loan to a student, she’s adult

-verbal agreement

-niece and conversation screeshots are my proofs/witness’

-im a student

-she’s about 38 yrs old

-been asking her to pay her debt for about 3-4 minth already from the time agreement

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2024

This could be something that requires advising from an attorney in the Philippines. If you were in the U.S., some of your options could include small claims, civil court, or letter from an attorney. It looks like you don't have a written agreement, but there could still be other things that... View More

1 Answer | Asked in Small Claims for Missouri on
Q: I order Panera bread today i got salad ate one piece of chicken then I saw spider in it was big yes took pics

I don’t what do I order on DoorDash all did was give store credit I’m very overwhelmed

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2024

A Missouri attorney could advise best, but your question remains open for three weeks. You say that you do not know what to do - if you mean in terms of what rights you can pursue, you could reach out to local attorneys. However, I do not think it would be easy to find a law firm that would be... View More

1 Answer | Asked in Small Claims for Michigan on
Q: If I gave my bf my banking info and he transferred himself money can I do anything about that

When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2024

Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?

Best practice in the future would be to only allow access...
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1 Answer | Asked in Contracts, Car Accidents and Small Claims for Louisiana on
Q: Hi, I have a situation…and want some input plz

I live in a gated apartment complex. I was waiting for my exit gate to open to leave to go to work and the car that was in a parking spot to my right slowly bumped into my car driver door with small damage while I was sitting there waiting for the gate to open. I did not call the police, they did... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Nov 21, 2024

Your most reasonable remedy would probably be to file suit against him a small claims court. Depending on whether you live inside or outside of a city court jurisdiction, this could be a city court, justice of the peace court, or the small claims ("clerk's docket") of your parish district court.

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Arbitration / Mediation Law, Insurance Bad Faith and Small Claims for South Carolina on
Q: How can I compel a car insurance company to send proof of valid insurance policy directly to a state?

This issue arose when I was on my parent's car insurance as a teen. I learned four months ago that my license is suspended in two states I used to live in. My father has been asking the car insurance company to send the proof of insurance from 2019 for four months. Each time they say they are... View More

Roy Willey
Roy Willey
answered on Nov 20, 2024

Yes, SC Department of Insurance has a consumer complaint department they may be helpful to you.

https://www.doi.sc.gov/8/Consumers

1 Answer | Asked in Small Claims for California on
Q: Should I be able to sue this tow company?

CHP located my vehicle abandoned two weeks after it has been stolen from my residence and had it towed. I tried to pick the car up right away but was short the funds demanded by the towing company and with the daily storage accruing I could not catch up with the bill, it got way out of hand... View More

James L. Arrasmith
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answered on Nov 20, 2024

Based on California law, you have strong grounds to sue the tow company in small claims court for overcharging and violating their contract with CHP. The fact that they charged higher rates than their CHP contract allowed is crucial evidence in your favor.

Your damages include not only the...
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1 Answer | 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.

James L. Arrasmith
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answered on Nov 20, 2024

In California small claims courts, judges carefully review all submitted documents, including trial briefs and exhibits, regardless of how the oral presentation goes. Your written materials serve as crucial evidence and will be considered alongside what was discussed during the hearing.... View More

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