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Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Tennessee on
Q: my husband has a judgement on him and im not listed what can happen to me?

I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Small Claims and Personal Injury for California on
Q: Need an attorney against pastor of organization that discriminates and put our lives in danger.

Me and my daughter went to a religious women home to split rent and be part of organization.

We discussed rent amount moved in

Shortly realizing his tenants Below did not appreciate him moving me and my daughter in the home and started harassing us started coming to the home late... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

IF YOU HAVE NOT BEEN INJURED THE POLICE WILL SAY IT IS CIVIL.

IT IS NOT MY AREA OF LAW AS YOU ARE INQUIRING ON A PI FORUM.

YOU WOULD PROBABLY HAVE TO GO TO LEGAL AID OR FIND A PRO BONO LAWYER.

HOWEVER, WHY WOULD YOU WANT TO STAY THERE?

1 Answer | Asked in Car Accidents and Small Claims for Michigan on
Q: Are they responsible for that damage?

Hello

I'm a uber driver and I went to pickup a passenger where he works. It was snowing and the ground was covered. After picking him up and as were leaving I hit what seems to be a pothole and damaged my passenger front and rear wheel and tire. It was in the way and on their property. I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

There were class actions under which uber had to pay for insurance for you drivers. If you had collision, run it through that. As to their manager--his property, you can sue the company in small claims.

1 Answer | Asked in Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can you send a warrant in debt to place of employment if you don't have a forwarding address for someone that has moved
F. Paul Maloof
F. Paul Maloof answered on Jan 20, 2020

Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: Can text messages be binding as proof and used in court?
F. Paul Maloof
F. Paul Maloof answered on Jan 20, 2020

Subject to the procedural and substantive rules of evidence that are followed in Court, it is possible that text messages will be admissible evidence in a trial in Virginia.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia on
Q: A roommate,not on a lease,2 & a half months late on rent, moved out, refuses to pay. Can they be taken to court to pay

They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 20, 2020

The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: I owe money in a previous court case. They filed a citation to discover assets.can they freeze my buisinessbank accou
Marilyn  Johnson
Marilyn Johnson answered on Jan 17, 2020

Yes. They may be able to garnish your account.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has agreed to accept the total... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Last year I consigned for a car with my ex. She agreee to pay the monthly car note on it. She ended up totalling it

She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Yes, you are able to file a civil suit against her for breach of contract. It may be best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Collections and Small Claims for Florida on
Q: Years ago I lent some money to a friend. He vanished and recently discovered he is a paralegal in Montana.

The loan was made in California. I live in Florida now. He is Montana. I have sent by certified mail and certified email. I know he got the correspondence. I have offered him payment plans. I have asked him to contact me if there is some issue. He continues to ignore me. I doubt there is much I can... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2020

You're probably right: there doesn't appear to be anything you can do. You would have to sue him in either California or Montana, and the statutes of limitation in either of those states are probably less than 10 years.

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1 Answer | Asked in Small Claims for Texas on
Q: If someone else loans my car out and i lose it because of impoundment who is responsible
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

I WOULD SAY THE PERSON THAT WAS RESPONSIBLE FOR IT AT THE TIME THE CAR IS IMPOUNDED, depending on why.

BUT OF COURSE (sorry, just noticed all caps) if the car was impounded for past parking tickets or some other reason that you are responsible for, that burden would fall on you.

1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: Besides a lawyer who can call you contact to make your HOA comply with records requests? I'm 100 disabled veteran.

I can't afford a lawyer, but I believe alot of stuff is going on. And HOA won't comply with requests.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

Given your circumstances, it may be best to contact Atlanta Legal Aid or Georgia Legal Services. Both of these organizations provide legal representation at no cost to individuals who are low income.

Thank you for your service to our country!

I wish you well.

-The Upshaw...
Read more »

1 Answer | Asked in Small Claims and Probate for Nevada on
Q: what are my rights to protect my kids, myself, my home from being harassed by my fiancées ex-wife and his mother?

My fiancée passed away Dec 1st. It was all over the news. Not even 12 hours of his death and his ex-wife, his mother and sister started threatening and harassing me. They are threatening to break into my home for his belongings so they can sell it and make a profit. They sure act like this man was... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2020

I am truly sorry for your loss. What you are going through is tragic, and it is a terrible example of failure to plan, because I have to assume that your fiancee' did not have a will. If he had a will, it would have named you to receive everything if he died, of course, and nobody would be... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Tennessee on
Q: What is here. She'll can I take ownership back of my puppy

My dog had puppies I gave one at to a neighbor they're not taking care of it can I legally take back ownership

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

If you gave it away it would no longer be yours to re-possess unless you have a written contract that would permit you to do so. For example, some animal shelters make the person adopting sign a contract that contains a clause stating that abuse or neglect of the animal would be grounds to take the... Read more »

1 Answer | Asked in Small Claims for Maryland on
Q: Took brand new shirts to dry cleaner to get wrinkles out. They returned them with tears & burn marks, then denied claim.

Dry cleaner said they would reimburse for the shirts but after calling them every few weeks for the past 9 months(!) they just denied the claim. Can they really just say they’re not responsible for ruining brand new, never worn clothes? I don’t know what else to do at this point and have wasted... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 7, 2020

You could look into small claims court. The problem is that the time and effort is likely to exceed $100. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Maryland on
Q: The debtor is paying me in installments for my $5k judgment. Judgment awarded Jul 22, payments started Nov 8.

Can I collect court cost & interest from the date of my judgment until the loan is paid off & what is the % amount in MD?

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Judgments carry 10% interest per annum by law. Shouldn't be any further court costs unless you need to keep filing garnishments or anything of the sort. However, if you came to some other payment agreement, the answer may be different.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... Read more »

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