Small Claims Questions & Answers

Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.
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Q: Can i secretly record conversations and use them in Small Claims court to establish the defendant has lied?

1 Answer | Asked in Contracts and Small Claims for New York on
Answered on Nov 17, 2017

In New York, as long as one party to a conversation knows that it is being taped, it is legal to tape it without the other party knowing.
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Q: Water heater burst on 3rd floor in March 2014 and am being sued by 2nd floor unit owner just now for $30k in damages.

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Answered on Nov 17, 2017

Yes, unless the 2nd-floor owner can prove your negligence, you should prevail.
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Q: Wanna sue for money borrowed in middle of 2013 for moving help in nyc

1 Answer | Asked in Contracts and Small Claims for New York on
Answered on Nov 17, 2017

It is a small claims case you can do yourself. You can sue.
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Q: Can I get money back that I loaned without a contract?

1 Answer | Asked in Small Claims for California on
Answered on Nov 16, 2017

Your burden in court will be to convince the judge that is it more likely than not that you loaned the amounts you claimed, and that you have not been repaid when the loans were due. So, you could win with the evidence and your testimony. Of course, the judge will listen to the defendnat's side and view his evidence (if any) also.
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Q: If you check your credit score and a different name other than yours pop up and two addresses for that person.

1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Answered on Nov 16, 2017

your problem is likely with the credit reporting agency. You need a consultation with a lawyer who handles cases under the Fair Credit Reporting Act.
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Q: Suing prospective buyers for damage done during home inspection, can we repair before going to court?

1 Answer | Asked in Small Claims and Real Estate Law for Pennsylvania on
Answered on Nov 15, 2017

Get estimates and present to they buyers and their agent.

You have a claim but it's not the strongest as you assume as with any guest you let in they may spill something. That happens when people come in.

I suggest you'll be better off for selling if you get the carpet cleaned or replaced. Your agent can guide you as to what replacement is best, given that the person buying may not care for your carpet and won't keep it.

If you are pulling up the rug, besides...
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Q: Pit bull bit friend who knew about him and ignored the "beware the dog" sign. She is suing my landlord. Can i keep him?

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant, Contracts and Small Claims for California on
Answered on Nov 15, 2017

You are liable for the dog bite. It is not your friend's fault. "Beware of Dog" signs don't do anything to change the owner's strict liability for dog bites. As far as your landlord, he can try to evict you for breach of lease. You could try to defend by claiming that his conduct has modified the terms of the written lease. You probably won't be successful, because the lease probably has specific language about the manner in which it can be amended and the conduct you describe probably...
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Q: How can i get my personal belonging from people i previously lived in

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Answered on Nov 15, 2017

WHY DIDN'T YOU TAKE WITH YOU WHEN YOU LEFT?

IT COULD BE ARGUED THAT YOU ABANDONED IT.

I WOULD HAVE A LAWYER CALL TO ASSIST AND MAYBE HAVE POLICE GO WITH YOU WHEN YOU GO TO PICK UP.
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Q: Do we have claim to our cat, even though her adoption papers are in the name of our roommate?

1 Answer | Asked in Contracts, Personal Injury, Animal / Dog Law and Small Claims for Alabama on
Answered on Nov 15, 2017

The cat is property. Cats are not actually "adopted" under Alabama law. The documents which transferred ownership of the cat probably show that she owns the cat. UNless you can show that you own the cat, you are probably out of luck.
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Q: Items stored at an ex wife's house no documentation to speak of cannot find items now still due recompense?

2 Answers | Asked in Bankruptcy and Small Claims for Michigan on
Answered on Nov 13, 2017

The facts you recite are vague. If it was you who filed bankruptcy, if you did not list in your schedules the items stored (in what appears to have been a gratuitious bailment, which imposes a low standard of care on the bailee) then you may be up against a judicial estoppel by having stated under oath, in effect, that the property is not yours.

Can you obtain a court order to require your ex-wife to empty our her garage? Maybe, but you have the burden of proving what is yours that...
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Q: I'm on housing I've been here a year. I have been staying in an apartment that has been infested with roach

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Landlord - Tenant and Small Claims for California on
Answered on Nov 12, 2017

have you tried to contact legal aid.

it would appear at first blush that you need a lawyer to make a motion to set aside the court ruling asap.

maybe legal aid can provide one.
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Q: I loaned my sister money a few months ago and she refuses to pay me back. Should I seek legal counsel and sue?

1 Answer | Asked in Family Law and Small Claims for Alabama on
Answered on Nov 11, 2017

You would spend a lot more than $120 trying to sue your sister. Do you have a note payable to you signed by her? You might just let this be a lesson to you. If you want, you can sue her in small claims Court.
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Q: Can I dump Ex's belongings without getting in trouble?

2 Answers | Asked in Criminal Law, Personal Injury and Small Claims for California on
Answered on Nov 11, 2017

Call the police and report the theft.
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Q: So I just got married on October 28 and my photographer cancelled on me last minute

1 Answer | Asked in Contracts and Small Claims for California on
Answered on Nov 11, 2017

Insufficient information. Did the photographer show up at the wedding? If not, what other arrangements did you make? What damages have you suffered?
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Q: do i have to give my SSN?

1 Answer | Asked in Small Claims for California on
Answered on Nov 11, 2017

Insufficient information to provide a reasonable response.
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Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?

2 Answers | Asked in Car Accidents, Gov & Administrative Law and Small Claims for Virginia on
Answered on Nov 8, 2017

You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.
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Q: Power outages caused short in expensive appliances which now need repair. Who should have to pay?

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Answered on Nov 7, 2017

Most likely no or rather I doubt that the electric company will agree to pay for anything. I guess that you can always try but if they either take no action or refuse the cost of trying to prove they are liable is likely more costly than the repair itself.

Sorry for you situation and good luck.
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Q: Do I still need to file eviction notice? Have written proof that tenant agreed to vacate property on specific date.

1 Answer | Asked in Landlord - Tenant and Small Claims for North Carolina on
Answered on Nov 7, 2017

In absence of a written/formal lease agreement, you may encounter difficulties in the court unless otherwise proved. Your tenant also is aware of your position, therefore, written notice reminding him of his commitment to vacate voluntarily by xxx date etc. whereupon get his written response as to when is he moving out or otherwise you will initiate court proceeding at his cost.
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Q: My dad has past and he have property in Indiana but his wife that's not legally married has the property

1 Answer | Asked in Real Estate Law, Patents and Small Claims for Indiana on
Answered on Nov 6, 2017

So sorry, you question was posted to the patent/invention area. You may want to delete the patent topic.

Best wishes to seek a solution with respect to your father's property.

Kevin
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