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Small Claims Questions & Answers
2 Answers | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic... Read more »

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1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Small Claims for Louisiana on
Q: My husband was arrested for 29 counts of worthless checks from 1996 isn’t there a statue of limitations In Louisiana

I was told the limitations is ten yrs and he should not have been arrested he was arrested 2 wks ago in Evangeline parish for a warrenton worthless checks

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

First thing you need to do is hire a criminal defense attorney in your area as an attorney would be in the best position to assist you in this matter and to help you get the best result possible. In this instance you indicate that you were arrested on a warrant----was that a warrant from a... Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: I was asked to go talk to a detective about the allegations that i stole jewelry. How can I maintain my innocence.

The prosecutors have no evidence besides the fact that I knew where the key was. (Under the front door mat)

They said I pawned it off. I have never been to any pawn shops ever.

Can I ask the detective to swab for fingerprints because I know I never touched it?

The... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

You need to contact a criminal attorney immediately.

2 Answers | Asked in Car Accidents, Personal Injury, Construction Law and Small Claims for California on
Q: Family and I were in a car accident caused by the city. what do we do?

The city was working on a traffic light. Causeed another vehicle to hit us.

William John Light
William John Light answered on Jan 23, 2022

If you are hurt, see a doctor. Then contact an attorney. If you don't need medical attention, you probably don't have a case worth pursuing. You have 6 months to file a Tort Claim with the City, which is a requirement before filing a lawsuit. When you talk to an attorney, be prepared.... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for Hawaii on
Q: How do I get my money back on a false misrepresentation of a claim on a product I bought?

I purchased a device that claimed FDA approval and it is not. I based the purchase on being told it was FDA approved.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Hawaii attorney could advise best, but your question remains open for five weeks. Hawaii consumer laws aside, which only a local attorney could advise about, the most practical approach could be to request refund through the company's customer service department. If there's more to the... Read more »

2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Small Claims for Colorado on
Q: Can I be taken to small claims court for a bill I have no proof of?

I was on a family phone plan with my ex-roommate. After a month of asking her to release ownership to me she finally put in the request. However she states that I owe her for this last bill. But she is refusing to send me a copy or photo of the bill proving the amount. Prior to me moving out Ialso... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 22, 2022

You ask a great question that has two parts. I'll answer from a Colorado state law perspective. (1) When you ask "can I be taken to court for a debt with no proof" the answer is yes, you certainly can be sued by someone claiming a fact they can't prove at the time they file the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... Read more »

1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

1 Answer | Asked in Collections and Small Claims for California on
Q: Is a golfer required to pay property damage (i.e. broken window) while playing a normal game of golf?

Incident happened while using the driver at a tee box that was very close to a townhouse on the course.

Leon Bayer
Leon Bayer answered on Jan 18, 2022

Yes, you are responsible. The window was not broken until you hit a ball and it struck the window, breaking it. Why would you think that you don't need to pay for it?

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Ohio on
Q: If an ex boyfriends mom gave me a phone and added me to her phone plan, then suspends my phone and threatens me with the

Police is that legal? She gifted it to me and now I’m being told that if I don’t return it she will get the police involved and use my phone records.

Anthony C. Satariano
Anthony C. Satariano answered on Jan 18, 2022

This question depends on the nature of the transfer. If she truly gifted it to you, there is an argument it is yours. If she merely intended for you to use it, then it may still be hers. But, as the owner of the plan she likely has an undisputed ability to suspend phones she pays for.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Customer owes money. How can we collect payment?
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

Ask. Letter. Then one certified return receipt. Then sue them in the District Justice Court.

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

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