Get free answers to your Small Claims legal questions from lawyers in your area.
I sold someone a phone. He checked it to make sure it was working and it was so he gave me the money and took the phone. After it was in his possession he messaged me saying it wasn't working and he wants his money back and that he went to the police and they said that I can give him his money... View More 
answered on Apr 26, 2017
The question is whether it was defective when you sold it.
If he sues you, the judge will have to sort it out.
I would like to know how to and what I write in my complaint against someone that damaged my cellphone- IPhone (value $750). The individual took it from my hand and slammed it on the floor/ground. I have a video that clearly shows her talking the phone from my hand and slamming it to the ground,... View More
answered on Apr 26, 2017
Yes, you are certainly able to do so, however it would not be very cost effective. You will need to pay in excess of $300 in filing fees and to obtain service on the individual, none of which will be reimbursed. Plus, you will likely need to expend a substantial time drafting pleadings and... View More
While I was at wrk this frnd took car without permission I called him wen I saw car wasn't there he never answer midnight came and he called from another frnd phone that he crashed it..I told him where he just said express way ..I told him to bring car back tow it..nxt morning came car was not... View More
answered on Apr 24, 2017
Yes, you can sue a person who took your car without your consent for a variety of counts. I would recommend following up with the police and providing your friend's name this time. Next, I would recommend consulting with an attorney individually for further assistance.
At the time I had money to pay her. I even called her 2 weeks after it happened and she said she hadnt done anything about it yet. I offered to have it fixed by my mechanic but she said she was busy. Now its 6 months later and she is asking for $300, but im out of work right now.
answered on Apr 18, 2017
No, six months is not too long of a time for someone you rear-ended to ask you for money. They can ask you or sue you for money for at least two years since the day of the accident. If you cannot afford the $300 right now, it may be in your best interest to arrange a payment plan with her so you... View More
In small claims court in cook county are planiff's cases required to provide proof without a resonsable doubt or just prove its more likely to be true then not? I read there is no discovery allowed.So in a case with a business that refuses to communicate and without them having their staff in... View More
answered on Mar 25, 2017
The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a... View More
answered on Mar 23, 2017
It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.
answered on Mar 6, 2017
The answer to your question depends on a number of facts that are not provided here, such as the complexity of the matter. Also, each attorney sets his or her own fees, so it will vary, but you should be able to find an attorney to write a demand letter for a few hundred dollars. I would... View More
My X landlord will not return my full deposit. He has made false claims ie.
1. Floor repair covered by insurance. I have copy of receipt signed by landlord. Want to charge me $125 to clean house after repair.
2. Clean common areas, even though 3 other tenants occupied which include... View More
answered on Mar 4, 2017
Yes, emails (and text messages) are allowed as evidence in small claims court.
The defendant was ordered to pay monthly and has come up with every excuse imaginable and now is 130 days late. The Judge will not enforce the order that clearly states that if a payment is missed, the defendant will be placed in jail and his bond will be the balance owed to my father. How can we... View More
answered on Feb 17, 2017
There are a number of reasons why you may wish to change judges in a case: of right, and for cause. The meaning of these terms is outlined in the Illinois Compiled Statutes, 735 ILCS 5/2-1001.
Substitution as of Right: The most frequently used Motion for Substitution of Judge (SoJ) is that... View More
I know I'm very late in inquiring about this but hoping for a positivery answer. About 5 years ago, I was going to school full time in Chicago Illinois and was dorming with a Chicago resident. My boyfriend at the time (now my husband) made a big mistake and stole a couple hundred dollars from... View More
answered on Jan 28, 2017
No. There will never be enough evidence to deal with this now.
answered on Jan 3, 2017
One would need much more information before providing a comprehensive answer as to how to respond to a defendant's 2-615 motion to dismiss. I would highly recommend organizing the motion, as well as the complaint and all supporting documentation, and consulting with an attorney individually... View More
answered on Nov 19, 2016
No. $10,000 is the threshold for both getting the probate court involved with the opening of a minor's estate and placing the funds in an acceptably safe, long term (or until majority reached) investment vehicle that the court would have to approve. It's not just the settlement amount,... View More
Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages? I have a civil trial coming up and would like to use the criminal case transcript to prove the person was found guilty and use the persons testimony against them if they try to testify differently. Also,... View More
answered on Sep 13, 2016
Get a certified copy of the criminal docket showing the charge and conviction. Restitution should have been ordered. Contact the victim assistance coordinator at the DA's office. Use the transcript. Make two copies so if the person changes their story you can hand one to them and one for the... View More
illinois corporation is dissolving. They are a service company in a specialised industry working for commercial and residential customers. They extend a 3-year or 5-year guarantee on products and services respectively to their customer base. Do they have to maintain some way of servicing any... View More
answered on Sep 12, 2016
A warranty is essentially an insurance policy, so you should find out if the issuer of the warranty actually has an insurance policy that you can take advantage of in the event you need follow up. In general, warranties can also be purchased - in fairness the dissolving company should purchase such... View More
answered on Nov 26, 2012
In most parts of the state there are no e-filing requirements yet unless you are in federal court. Since you posted in small claims question area I don't believe that is the case for you. In 2013, Cook will be rolling out new rules on e-filing. Right now the Cook commercial calendar has some... View More
answered on Aug 16, 2012
Normally speaking you can file a dismissal order in the courtroom where the case was heard. Make sure that you are paid in full before your dismiss the case.
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answered on Jul 19, 2011
Generally the opposing side should inform of their motion by giving proper notice. If you are referring to the order, the opposing side. However, all parties have a duty to follow the case.
We are a small IT firm that provides a monthly maintenance for a fee of $190. We have a signed contract with a small printing company and they have outstanding invoices that date back to 2009. They currently owe $2,573. We are just about to file the paperwork for small claims in Kane County... View More
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answered on Jul 8, 2011
It is hard to say without seeing the default provisions in the contract. If you do not have default provisions, you need to hire counsel to rewrite your contracts. For now, you should give reasonable written notice that you are terminating services.
answered on Mar 13, 2011
A lawyer may be able to help you settle this claim without a judgment being entered against you. If you do not settle this case, or you choose to not go to court, the attorney for the credit card company will get a default judgment against you. With this judgment, the attorney can then try and... View More
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