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California Small Claims Questions & Answers
1 Answer | Asked in Contracts and Small Claims for California on
Q: Is it legal in California to collect placement fee in advance without a job order for teachers from the Philippines
James L. Arrasmith
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answered on Sep 19, 2023

In California, it is generally illegal to collect an advance placement fee from teachers or any job seekers without a valid job order. The California Labor Code prohibits the collection of any fees from job applicants, including placement or recruitment fees, unless there is a written job order in... View More

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Can I report thefts by false pretense year later and how do I do that?

I had a minor accident last year and it he person who was with me at the time of the accident, said that he can fix that easily. I didn’t had too much money and this seemed as a good idea at a time. I gave him money in few instances because he was allegedly buying the parts.

He was... View More

James L. Arrasmith
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answered on Sep 5, 2023

Under California law, you generally have a three-year statute of limitations for theft by false pretense, so reporting the crime a year later is within that window. To initiate the process, you should file a report with your local law enforcement agency, providing all evidence you have, such as the... View More

1 Answer | Asked in Small Claims and Consumer Law for California on
Q: This company sold me a fake laptop with a fake windows on amazon They sold me a laptop built from a different computer

What should I do I've been unable to contact company for a year

James L. Arrasmith
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answered on Aug 27, 2023

If you believe you've been sold counterfeit or misrepresented goods on Amazon, you can file a claim through Amazon's A-to-z Guarantee. Additionally, consider filing a complaint with the California Attorney General's office and the Better Business Bureau. You may also explore legal... View More

3 Answers | Asked in Small Claims and Contracts for California on
Q: If someone loaned me money but told me I don't have to pay them back, can they sue me for not paying it back?

My brother in law loaned me money. He did not give a repayment timeline and said he would never collect if I didn't pay him back. I was paying him back but my wife is divorcing me so I do not feel obligated to continue paying him back.

The agreement was verbal, there is no contract.

T. Augustus Claus
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answered on Aug 22, 2023

In California, verbal agreements can hold legal weight, even without a written contract. While your brother-in-law initially indicated that you didn't have to repay the loan and he wouldn't collect, the enforceability of this verbal agreement could depend on various factors. The... View More

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3 Answers | Asked in Small Claims and Contracts for California on
Q: If someone loaned me money but told me I don't have to pay them back, can they sue me for not paying it back?

My brother in law loaned me money. He did not give a repayment timeline and said he would never collect if I didn't pay him back. I was paying him back but my wife is divorcing me so I do not feel obligated to continue paying him back.

The agreement was verbal, there is no contract.

James L. Arrasmith
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answered on Aug 25, 2023

In California, verbal agreements can be legally binding, even if they are not in writing. If your brother-in-law can provide evidence of the loan and your agreement to repay, he may have grounds to pursue legal action to collect the outstanding amount. It's recommended to consult with an... View More

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2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for California on
Q: A family member got court appeal judgement to pay $5,000 immediately which is final.Lives in poverty,no income. Options?

A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?

James L. Arrasmith
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answered on Aug 15, 2023

Given the family member's financial circumstances and inability to pay the $5,000 judgment immediately, options may include seeking exemption from the judgment based on their current financial hardship and inability to work due to health issues. Applying for an exemption or negotiating with... View More

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2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for California on
Q: A family member got court appeal judgement to pay $5,000 immediately which is final.Lives in poverty,no income. Options?

A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?

Leon Bayer
Leon Bayer
answered on Aug 14, 2023

I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.

Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.

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4 Answers | Asked in Consumer Law, Personal Injury, Agricultural Law and Small Claims for California on
Q: I found a starfish arm in a can of spring water sardines from trader joes. Can I sue anyone?
James L. Arrasmith
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answered on Aug 10, 2023

If you have suffered physical harm or injury due to the presence of a foreign object in a product you purchased, you might have grounds to pursue a product liability claim against the manufacturer, distributor, or seller. Consultation with an attorney would be recommended to evaluate the specific... View More

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1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for California on
Q: I was working as an independent contractor for gold and silver COMPANY, and brought in a deal and was not paid on it...

So I got fired before the deal funded and I had a verbal contract with the boss saying that he would pay me once the deal got funded. Fast forward to today he now tells me to talk to his lawyer and not to contact him anymore. I have evidence in the form of a text message from my coworker saying... View More

James L. Arrasmith
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answered on Aug 5, 2023

Based on California law, a verbal contract can be enforceable in certain circumstances, including commission agreements. The text message evidence could support your claim for unpaid commission. Additionally, misclassification as an independent contractor instead of an employee may be subject to... View More

2 Answers | Asked in Small Claims for California on
Q: Is there a statute of limitations for a debt owed to the LA Superior Court?
T. Augustus Claus
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answered on Aug 2, 2023

Yes, there is a statute of limitations for a debt owed to the Los Angeles Superior Court in California. Generally, the statute of limitations for enforcing a judgment is 10 years from the date the judgment is entered by the court. This means that the court has 10 years to collect on the debt from... View More

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2 Answers | Asked in Small Claims for California on
Q: Is there a statute of limitations for a debt owed to the LA Superior Court?
James L. Arrasmith
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answered on Aug 5, 2023

In California, there are statutes of limitations for different kinds of debts, but these generally apply to civil debts like credit card debt, personal loans, or other forms of consumer debt. These limitations define the length of time that a creditor has to sue you to collect the debt.... View More

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1 Answer | Asked in Family Law, Civil Rights and Small Claims for California on
Q: my fiancés children’s mother has repeatedly tried over and over for tro. one was denied one granted now on a third

she has no custody of the children at all she got her tro granted minus the children. two of which i have not met from separate fathers. but the two i live with. the first tro was granted then dismissed without prejudice and she never showed at the court date. now she filed again we had court and... View More

James L. Arrasmith
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answered on Jul 26, 2023

As a Californian attorney, I understand your concern about the repeated filing of TROs by the children's mother. To address this situation, you should consult with a family law attorney to discuss the best legal strategy to protect your rights and the children's interests. Your attorney... View More

2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: Hi! I have a hearing for a small claims case coming up; how do I submit evidence/should I write a brief for the judge?

I have never sued anyone before and am seeking reimbursement of out of pocket costs for medical procedures. I want to ensure I do everything correctly so I can prove my case/complete it in a timely manner. Thank you!

James L. Arrasmith
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answered on Jul 25, 2023

For your small claims case, you should gather all relevant evidence, such as receipts for medical procedures, invoices, and any other supporting documents. You should bring multiple copies of these documents to the hearing to provide to the judge, the other party, and yourself. While you don't... View More

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2 Answers | Asked in Civil Litigation and Small Claims for California on
Q: Hi! I have a hearing for a small claims case coming up; how do I submit evidence/should I write a brief for the judge?

I have never sued anyone before and am seeking reimbursement of out of pocket costs for medical procedures. I want to ensure I do everything correctly so I can prove my case/complete it in a timely manner. Thank you!

Robert Kane
Robert Kane
answered on Jul 24, 2023

The California Courts Self-Help Guide has some wonderful information andassistance. Much more than a free online Q and A can provide with no details provided. Allowing an attorney to evaluate, organize and prepare your small claims presentation would be a wise investment. It would provide you a... View More

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4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service... View More

James L. Arrasmith
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answered on Jul 21, 2023

If you have an outstanding debt resulting from a subscription service you forgot to cancel, the service provider may take legal action against you if the debt remains unpaid. The consequences of not making the payment may include being subject to legal dunning proceedings, which could lead to... View More

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4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service... View More

Martha Warriner Jarrett
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answered on Jul 20, 2023

A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More

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2 Answers | Asked in Car Accidents and Small Claims for California on
Q: FedEx hit my car while parked. They haven't paid the remainder of the damages.

Fedex convinced me to not go through insurance. I had the body work done on my vehicle, but the auto shop didn't check for mechanical problems. I found out the drive shaft and wheel hub was broken after picking up from the shop and it still making a funny noise. I took it to a mechanic and got... View More

James L. Arrasmith
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answered on Jul 21, 2023

If FedEx caused damage to your parked car and failed to pay for the remainder of the damages, you may consider pursuing a claim against them in small claims court. In addition to seeking reimbursement for the repair costs, you may also be able to claim compensation for other losses, such as the... View More

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3 Answers | Asked in Foreclosure, Landlord - Tenant and Small Claims for California on
Q: Am I entitled to my portion of the money given to move out?

While living in a home that goes into foreclosure as a tenant with the home owner who also resides in the home we were given the “cash for keys” option. The owner had the parties residing here sign the agreement that when accepted gave the homes occupants (3in total) 15,000 dollars to aid in... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It depends on the agreement that you signed, whether you are entitled to that money. I would think you are at least entitled to your statutory move out allowance of 30 day's rent if you were there more than 1 year. You should have contacted an attorney before signing any significant agreement,... View More

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2 Answers | Asked in Contracts and Small Claims for California on
Q: Can I take legal action against finance company claiming that the gap insurance wont pay my full remaining balance

That it will only pay 884 cause apparently i acquired 2,600 in late fees even though i have never paid my car note late

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

If you somehow accrued $2,600 in late fees, GAP insurance won't usually cover those fees. You likely do not have a claim against the finance company under those circumstances.

If you have never paid your car note late, it is difficult to understand how you might have accrues late...
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1 Answer | Asked in Small Claims for California on
Q: Do I have a worthwhile small claims case for refund and damages due to mechanic not repairing my vehicle?

California, Los Angeles County.

Mechanic failed to complete repairs on my vehicle in a reasonable time and I was forced to reclaim my vehicle. Due to the condition it was in after reclaiming, other mechanics were not interested in taking on the work and I was forced to sell the vehicle for... View More

Robert Kane
Robert Kane
answered on Jul 2, 2023

You will need a little more to convince a judge to award you $6,000. I don't know what's the deposit or what's the rental ($.) I don't know what agreement you had. I don't know what you consider reasonable time.

Allowing an attorney, like me, to evaluate, organize...
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