Get free answers to your Small Claims legal questions from lawyers in your area.
I self-filed a small claims case in Florida, and the Sheriff's office tried to serve the Summons. However, they reported that the defendant has passed away and the property was sold to a new resident. The case is in its initial stages with a Pretrial Conference/Mediation scheduled for 4/9/25.... View More 
answered on Mar 10, 2025
Normally if you fail to attend the pretrial conference, the case will be dismissed.
It is unclear who sold the property. Did the defendant sell before dying or did the defendant's estate sell it? A lis pendens should have been filed when you filed the claim. This would have... View More
I have a contract through DocuSign with someone I invested $7,000 with in December 2023 for a consignment agreement that included a 50/50 profit split. Instead of selling the merchandise, this person traded it without my approval, potentially breaching the contract. I have repeatedly contacted him... View More
answered on Mar 7, 2025
Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More
I'm a Mississippi resident who experienced an incident at a Hilton hotel in Miami, FL. The sprinkler system in our room unexpectedly activated, releasing murky black water that damaged over $15,000 worth of belongings, including clothes, electronics, and personal items. We captured footage and... View More
answered on Mar 3, 2025
The location for a lawsuit would be Miami, but best to start with a presuit claim to the hotel's insurer. You may or may not need a lawyer to handle that. Request the insurance co. contact info. If a presuit claim cannot be settled, you would likely need a lawyer because if you sue for any... View More
I will have to have surgery to regain the full function of my left leg. At the moment im in therapy to prepare for surgery.
answered on Feb 11, 2025
If the cause of your injuries was due to the dog owner not restraining his dogs thereby resulting in a foreseeable injury, the dog owner will be strictly liable. You should retain counsel here in the state of Florida on contingency fee which means you don’t pay anything unless you win the case.... View More
I understand the court needs it but unsure if receiving attorneys do
answered on Jan 21, 2025
As Mr. Kaufman alluded to, the fact that you have asked this question means you have not read the applicable Rules of Court, much of which a layperson can understand, and the rules regarding documents that must be served and method of service are definitely understandable. Your inquiry category is... View More
I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More
answered on Nov 19, 2024
You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More
gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.
answered on Oct 9, 2024
You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More
I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More
answered on Sep 17, 2024
Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More
I don't know what to do?!?!
answered on Sep 5, 2024
First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More
The plaintiff file a notice of good cause and attempted a mediation session with me, but I let them know I would not be able to attend. They filed a failure to appear for mediation report and there is a status hearing for the case in August, the notice says if I want the cased dismissed I am not... View More
answered on Jul 22, 2024
No. You don't need to attend the lack of prosecution (LOP) hearing. The chances are that a default judgment will be entered against you unless you contact the plaintiff and settle the case by the August status hearing.
I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More
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answered on Jun 26, 2024
Based on the information provided, here's an analysis of the situation:
1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical... View More
This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More
answered on Jun 11, 2024
If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More
He is an abiser and narcissist he also stole battieries and the bsttiery port oit of my belongind and wont rerun that as well
answered on Jun 10, 2024
If you're talking about theft, you have the option of calling the police. However, if your ex would give them a story contrary to yours about who owns what, the police would likely say it's a civil matter and leave him alone. To have a good set-up for taking action in the civil court... View More
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 27, 2024
Yes, he can sue you. Whether he is successful is another matter. The membership was in your name, but it was renewed without your consent? You had the responsibility of canceling, else it would automatically renew.
I split a boat club membership with two of my friends, the contract was suppose to last 2 years but was automatically renewed if we didn’t cancel in advance. My friend and I agreed, that the membership would be under my name and his card would be under the payments. After 2 years it was... View More
answered on May 28, 2024
IF the club contract is a legally valid contract providing for automatic renewal (which it may or may not be), then you had the responsibility to timely cancel to avoid automatic renewal. Whether you have liability to you friend depends on the terms of agreement with your friend. If you had an... View More
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.
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
I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More
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answered on Mar 4, 2024
Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More
what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where
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answered on Mar 1, 2024
As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More
I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More
answered on Feb 22, 2024
You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More
My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More
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answered on Jan 23, 2024
Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More
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