Get free answers to your Small Claims legal questions from lawyers in your area.
answered on Jul 20, 2021
You did not say if you got sick from the yogurt. If you did, and you went to the emergency room or an urgent care center, save the yogurt and promptly consult an attorney. If you did not get sick, your remedy is a refund from the store.
If I let someone use my car but then I change my mind and I ask for them to return it and they refuse, is it illegal for me to have it towed?
answered on May 26, 2021
Based on what you are saying, I would say you are safe…you may wish to ask for law enforcement to assist you.
My ex-husband and I have been divorced since August 2017. In the divorce settlement, which we did without lawyers, he was given the asset of the house, with the intention that he would refinance (removing me from the mortgage). Since then, he has refused to refinance every time I ask him about it.... View More
answered on Apr 13, 2021
Assuming the settlement agreement stated he would be required to refinance, then yes. File a Motion to Enforce the Final Judgment. Serve him with the papers and you're off and running. If the settlement agreement is silent as to the refinance, you may have to file a petition to partition the... View More
She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after... View More
answered on Apr 7, 2021
Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you... View More
I found out Friday afternoon the owner had an offer on his boat and was closing the following Monday. I told the yacht broker about the situation and he said to email him the invoice ($300) and he would take care of it at the closing. Of course he never did. Is there anything I can do? Is it even... View More
answered on Mar 23, 2021
You may sue whomever you did the work for in small claims court, and you could first try sending a demand letter stating you will file in small claims court if not paid. Whether it's worth your time is a question only for yourself to answer. You'd have to find out from the Clerk's... View More
Two weeks after conception the neighbor claimed she had a sonogram done and we were expecting 8 to 10 puppies in the litter I did not believe this was true you need 21 days to have an Acurate sonogram so I offered and insisted on getting a second opinion with my vet, the neighbor was reluctant and... View More
answered on Mar 20, 2021
No, since the puppy was not in your possession, the neighbor can't be charged with the crime of theft. However it does appear that you have a civil case for specific performance of the contract.
He filed our children in 2019 on his taxes and has stopped providing for them since December 2019. He received the stimulus payments in 2020 for the children and the most recent payment a total of 4600 and he has not provided anything for them for the past year because of unresolved issues between... View More
answered on Mar 19, 2021
This issue should be addressed to the Family Court, along with whatever other issues you need addressed in that Court. If you don't already have a Family Law attorney, immediately consult one. If you cannot afford one, immediately reach out to your local Legal Aid/Legal Services office that... View More
We are a small business and did some repairs on a home in Naples, FL. Our business is in a different county. Do I file suit in our county or theirs? ...and we dealt with a person who was the owner's representative and never dealt with the owner. Now he refuses to pay. Do I list the... View More
answered on Feb 23, 2021
You would sue in the county where the home is located and the work was done. You would probably want to sue both.
A summons was “served” to my address to someone else in my household. The papers were dropped in the street by the process server without identifying me or even the household member’s identity. They just said they were looking for me and had seen a “lady” outside my house. My household... View More
answered on Dec 30, 2020
If you want to find out what the case is about, you can contact the clerk of court for the Florida county where your case was filed, or look it up at the clerk's website.
I want to start a small company where I send demands (seeking settlements) to companies for violations of u.s. telemarketing laws...I have seen places that help with accidents that arent actually law firms, am I able to do something similar but with telemarketing?
Advice provided.
answered on Nov 18, 2020
You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... View More
Is demanding the car back, claiming that since the cars title is on her name still she rightfully owns it.
answered on Oct 24, 2020
Hopefully you have a written contract with her. If not, you might have problems.
Morning, I have Jefferson Capitol Systems, original creditor, and xxx attorneys for plaintiff still pushing for a garnishment and or judgement against me regarding an old bill from 2016. Oct 29th I have a pre trial court date via zoom. I have submitted to court, a petition added to my case on... View More
answered on Oct 21, 2020
Whether your assets are exempt from execution is one issue; whether a judgment against you is quite another. The purpose of the pretrial conference on the 29th is to determine whether you owe the money and whether a judgment should enter. Only after that happens, and the judgment creditor tries... View More
If i signed a written agreement but havnt made a payment, is there a way to cancel it or once its signed is it a done deal? It was for a old bank account about 8 or more years ago
answered on Oct 14, 2020
Not possible to tell without more info and a copy of the documents you signed.
I was recently incarcerated due to a warrant for violating probation (reckless driving case) Unbeknownst to me, my friend retained the wrong attorney & paid him $2,500 with one of my checks. The only thing he did was file a Notice of discovery and lied about having a court date the night before... View More
answered on Oct 2, 2020
I think you have right to get your money back because there is no engagement agreement and he did not do any work.
Now I have to stay longer than expected. If we made an agreement on payments to pay him back, could he have me arrested of I fail to make payments on time?
answered on Sep 22, 2020
Sounds very problematic and you need to either give the money back or get him his trailer immediately...depending on the value of the trailer you could be charged with either a felony or misdemeanor (probably a felony).
when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... View More
answered on Sep 16, 2020
Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.
You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is... View More
The police were called and stated on their report that the person got all of their belongings. They were no shoes left at my house
answered on Aug 24, 2020
If you are actually sued for 3 pairs of shoes, you would defend yourself by testifying that the shoes were not left there.
I'm a college student living at home with my mother who owns our townhouse. My car was parked in one of two of our assigned spots marked on the ground with our house number written on the pavement. It was towed at 12:30am so everyone was asleep. It was towed for an expired license plate but my... View More
answered on Aug 24, 2020
As law enforcement told you, the car was towed for an expired tag, not for violation of the HOA rules. Until the expired tag is replaced, it is indeed expired.
answered on Aug 10, 2020
The in small claims court, missing court-ordered mediation is grounds for a dismissal by default. So if the case is dismissed the plaintiff will have to ask to reinstate the case. A statute of limitations really has nothing to do with it.
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