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Small Claims Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Elder Law and Small Claims for Washington DC on
Q: can i file suit for defamation and elderly abuse under Title 18 in dc? under what sections? Cannot get an answer.

I am 70 years old. I asked a question during a town hall meeting at the senior wellness center I have attended daily for the last 7 years. The 55 year old program director, did not like the question because she did not have a valid answer, was embarrassed. She then filed a fictitious Barring... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

A Washington, D.C. attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys in the Libel & Slander sections to discuss. As a general note, keep in mind that such cases are not generally handled on a contingency basis the way... Read more »

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1 Answer | Asked in Small Claims for California on
Q: which person is liable in this situation

an item was sold to a friend with written agreement that he would pay an amount for it on a certain date. he agreed to buy the item in the current condition it was in. come the date of payment, he says that he had to hire someone to clean the item and that i am to pay for it. i have not received... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The buyer is responsible to pay according to the terms of the written agreement. I assume his "agreement" to take the item "as is" was in the written agreement. Even if not, he does not have much to say if the need for cleaning was obvious from a visual inspection, versus... Read more »

1 Answer | Asked in Small Claims for California on
Q: CA: put down payment to purchase puppy w/o contract. Changed mind, can I get money back?

Placed $2000 down-payment for them to hold puppy w/o contract. Puppy is ready to be picked up this week but told them need a little more time, they said they are going to sell puppy and I lose the deposit. Is this allowed in California?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The law abhors a forfeiture. But, you put up $2000 without any kind of written agreement? Apparently it was not very important to you to secure your rights to that money if the deal fell through. They cannot keep the money, particularly if they sell the dog to someone else. Small claims is... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Small Claims for California on
Q: Can the previous owner of a cat take it away after 4 years of abandonment?

I have my cat who I took over care of for when my grandmother died four years ago. Previous to that it was bought for my cousin as a kitten. My cousin left him behind when he moved out of our grandmother's house. Two years later my grandmother died and I moved into the house to take care of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

This meth addict is taking you to court so he can keep a cat? And his primary witnesses are meth addicts? You might consider getting a restraining order against them for domestic violence in the form of threats. You can choose your friends but you cannot choose your family.

Justia...
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1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre Lee Pennington
Andre Lee Pennington answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Small Claims for Wisconsin on
Q: Father in law was at fault for an accident in my car with no insurance. He said he will take all responsibility. am i ok

Will i get in any trouble if he tells the court that he takes all responsibility. It is small claims court

Tim Akpinar
Tim Akpinar answered on Dec 3, 2020

A Wisconsin attorney could advise best, but your question remains open for two weeks. It's difficult to say what could happen. He could agree to accept all the responsibility with the other side, but he cannot control whether violations are issued for an uninsured vehicle - that's in the... Read more »

3 Answers | Asked in Car Accidents, Insurance Defense and Small Claims for California on
Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?

To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... Read more »

William John Light
William John Light answered on Dec 1, 2020

Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.

Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.

You have a...
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1 Answer | Asked in Land Use & Zoning, Consumer Law, Products Liability and Small Claims for Georgia on
Q: What does one do?I purchased 16 14kt yellow gold, ,detachable grill for 1,700 dollars, and its not real or 100% 14kt?
Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter, the least costly route is usually to try to resolve the matter with the company's customer service. If that isn't possible, then you have a few options, such as hiring an attorney to... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Small Claims for Colorado on
Q: Hi! This is a dental billing issue. I am thinking to go to small claims court re it, but not sure it's worth it

I have received a quote from a dental company for implant, abutment and crown for 4 535$. This is with the consideration that my dental insurance will cover 50% of the first and second part of all work and my out of pocket will be 2212$. I thought that this quote means this info is checked with my... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 29, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. In terms of reimbursement efforts, they could depend on whether that how the clause was worded and the dental company's agreement. One option could be to consult with a Colorado attorney who handles... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: Trading a car even with private party

My husband and I traded a car even from a private party. They guy said it was a clean title to the car so before exchanging titles we made sure everything matched up with the car (title has no lean holder on it) My husband went to register it at the court house and was told it was the wrong title... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

Your seller has ripped you off. Contact him and demand he pay off the title loan and get you a good title. If not, you sue him in General Sessions for breach of contract and conversion. I do not believe there are criminal violations here, but you might call the Sheriff. Recission and return... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

1 Answer | Asked in Animal / Dog Law and Small Claims for Georgia on
Q: How should I go about getting money owed to me? I have contacted the person but they have not responded.

My sister purchased a puppy, unfortunately within a week the puppy was injured. To be clear the puppy was injured at her home in her care. My husband and I visited her home to which we found the puppy limping. Long story short we made an agreement that we would take the puppy off her hands if she... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 24, 2020

You will have to sue her in small claims court.

1 Answer | Asked in Identity Theft, Personal Injury and Small Claims for Texas on
Q: Going Thur a identity theif I don't know how to do it. But I honestly believe it is at home thing and four years of
Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Texas attorney could advise best, but your post remains open for four weeks. When you say you are going through identity theft, it isn't fully clear whether you were the victim... or whether you are being accused of committing identity theft by authorities. If you were a victim and had your... Read more »

1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

Charles M.  Baron
Charles M. Baron 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... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Nevada on
Q: I bought a mobile home from an individual That was parked in a mobile home park and a few weeks after I bought it

It was auctioned off because they owed back space rent can I press fraud charges on them in Nevada

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

For fraud or any other suit against the seller it will depend on your contract or agreement.

If you do not have a written contract or agreement then you can still file a case but it becomes a he said/ she argument that can be hard to prove.

To file a suit against someone you need to...
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1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can a person sue me for non-payment after refusing to give me the bill?

After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... Read more »

Christopher Tolley
Christopher Tolley answered on Nov 18, 2020

You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.

1 Answer | Asked in Banking, Contracts, Small Claims and Probate for Illinois on
Q: How to get letter of administration for wife whose husband died for the mortgage bank, for specific info, letter needed

The lake county clerk’s office said they are not giving those out letters out which is impossible

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

A petition, affidavit, consent of the remaining heirs and other papers need to be filed with the Probate Division of the Circuit Court. Once the Probate Judge reviews all of the papers and they are in good order, he/she will make the appointment of independent administer.

1 Answer | Asked in Small Claims for Tennessee on
Q: What can I do if I purchased a vehicle from a private party and they agreed to have it ready by a date but now refuses

We purchased a vehicle from a private party and it needed work so the private party agreed to do the work themselves and have it ready so we began paying on it. After the private party pushed the date of completion by 2 months and we really need a vehicle so we asked for a loaner or for our money... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

That is a potential breach of contract. If no money has been paid, I would forget about it. Otherwise you might sue yourself in General Sessions Court. If you obtain a judgment, hire an attorney to collect.

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