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Small Claims Questions & Answers
1 Answer | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Contracts, Products Liability, Insurance Defense and Small Claims on
Q: I have a weekly contract at motel 6 all of my belongings where taken I'm denied access to the security footage

House keeper just stormed in using the key not identifying herself or anything just stormed in and got startled and closed the door

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Did you report the theft to the police? They can get the footage.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

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1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... Read more »

1 Answer | Asked in Small Claims for California on
Q: Can I send a demand letter for the return of my personal property to someone who had it but gave it to another person?

My dog was stolen by a guy who I discovered had kept him for awhile before giving him to someone else to keep. I have evidence that the guy who stole my dog once had him in his possession but I have no information about who has my dog now. I went to the police but they were not interested in... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 28, 2021

more info needed

Yes, you can send a demand letter. Whether it will do any good is another question.

i would send a demand letter setting forth facts and if he does not respond, I would sue in small claims and attach the letter to the complaint.

obviously, you need proof,...
Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for Maryland on
Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?

My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?

Mark Oakley
Mark Oakley answered on May 27, 2021

I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Criminal law: is it illegal for me to tow a car that is registered to me to regain possession if I loaned it out

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?

Henry George Ferro
Henry George Ferro 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.

1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: sue a hotel my vehicle was stolen. No security,lights outside not good,was not told very high crime and no signs

I have pictures of building. And cameras.dark are where my truck was stolen. I can prove negligence.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 22, 2021

If you can prove negligence then you’ve answered your own question. I’m not sure what kind of response you are seeking.

Part of proving negligence is proving a legal duty owed to you from the hotel.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Rhode Island on
Q: Which official could I discuss filing a charge of theft, embezzlement against a Rhode Island resident with?

My mother died in 2006 and left $100,000 for my children. The money was put into two individual money market accounts managed by my half brother (a Rhode Island resident). We have those documents. In 2014 my son received a $25,000 disbursement along with a text chain which confirms in... Read more »

Neville Bedford
Neville Bedford answered on May 21, 2021

This message will likely be deleted due to the inclusion of proper names, consult with a private attorney to bring a civil action in the appropriate court. They will also be able to advise you on any potential criminal charges after you present all of your evidence in a private and confidential... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: What can i do with my landscaper for him to finish my backyard? Keep saying he will come but he doesn’t show up.

Almost 2 months already,still unfinished. Probably the cost left to be done is less than $2000 and that is still a lot of money to us.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 21, 2021

A couple of initial questions ... [1] is the landscaper a licensed contractor ... [2] do you have a signed agreement for services ... [3] you will want to schedule a video call with at least two attorneys of your choice to discuss the next steps in the resolution process.

2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
Read more »

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1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: Should I hire an attorney for small claims court to recover personal property from my ex boyfriend?

I left my ex at the end of October 2020. I had to leave all my personal property behind at his house because there is a history of abuse and I needed to get out fast. A ban notice (no trespassing?) was issued against me. Since then, I have made several attempts to arrange for a 3rd party to pick up... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 20, 2021

An Action to Recover Personal Property in General Sessions Court would be the proper way to handle this. It may require a Bond and your assisting the Sheriff's Department. Apparently you are having difficulty, so an attorney might help.

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Virginia on
Q: I bought the house that I was renting from the owner, he is supposed to do some minor repair that we agreed on

now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.

F. Paul Maloof
F. Paul Maloof answered on May 18, 2021

You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.

1 Answer | Asked in Consumer Law and Small Claims for Kentucky on
Q: Company broke our fence and will not repair to original state. What do I do?

Hired a mowing company who broke our fence. Someone came to assess and only offered to place plywood over broken part which will effect resale value of home and not properly fix the issue. The other option is we repair the entire fence to our liking and to match, and they comp us for the $68... Read more »

Timothy Denison
Timothy Denison answered on May 18, 2021

File a civil suit against the fence company.

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