Small Claims Questions & Answers

Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa

1 Answer | Asked in Small Claims for Pennsylvania on
Answered on Dec 14, 2018
Peter Munsing's answer
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.

Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to

2 Answers | Asked in Small Claims and Collections for Massachusetts on
Answered on Dec 14, 2018
Christopher Tolley's answer
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors

I am not as...

Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Small Claims for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

Q: In missouri what is the difference between an eviction and an unlawful detainer

2 Answers | Asked in Small Claims for Missouri on
Answered on Dec 9, 2018
Ronald J. Eisenberg's answer
Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession...

Q: in california how long do i have to sue a woman who rescued, (stole) my sons christmas puppy after he went astray.

1 Answer | Asked in Animal / Dog Law and Small Claims for California on
Answered on Dec 8, 2018
William John Light's answer
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.

You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).

Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...

Q: An ex employee that I fired in 2015, she made live video and topic was me.

1 Answer | Asked in Criminal Law, Libel & Slander and Small Claims for Louisiana on
Answered on Dec 8, 2018
Ellen Cronin Badeaux's answer
Save it all on a flash drive. Then hire an attorney to file for a permanent injunction against harassment and to fight her protective order. After saving on a flashdrive, contact each platform and ask them to remove her postings.

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: Is this legal???

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Missouri on
Answered on Dec 7, 2018
Ronald J. Eisenberg's answer
Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.

Q: Termination of the agreement of the sale

1 Answer | Asked in Contracts, Small Claims and Real Estate Law for Pennsylvania on
Answered on Dec 5, 2018
Elizabeth Tarasi's answer
I am in Pittsburgh I would contact someone in Philly

Q: Can I go to jail if I don't go to small claims court

1 Answer | Asked in Small Claims for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.

Q: Can someone sue me or take me to court because they bought an item from me and they broke it?

1 Answer | Asked in Small Claims for Missouri on
Answered on Nov 29, 2018
Ronald J. Eisenberg's answer
Anyone can sue anyone for anything. I doubt that your husband will get sued over this but if he does he should show up at court and defend the case.

Q: If I don't go to small claims court will I be arrested

1 Answer | Asked in Small Claims for Ohio on
Answered on Nov 28, 2018
Bruce Alexander Minnick's answer
Not in Florida; and I suspect the law is the same in Ohio. Small claims courts handle CIVIL matters; arrests are only made in CRIMINAL matters.

Q: Living at step mom house

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Oregon on
Answered on Nov 28, 2018
Joanne Reisman's answer
Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the padding underneath. Also if you are are going to carpet a room it would be foolish not to include the connected closet space as well. I would just tell your mom that the padding and the closet carpeting is...

Q: Can someone in us take legal action for something that happened in mexico?

1 Answer | Asked in Small Claims and Car Accidents for Texas on
Answered on Nov 28, 2018
Rahlita D. Thornton's answer
You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.

Q: Buying a car with lien

1 Answer | Asked in Criminal Law, Products Liability, Public Benefits and Small Claims for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...

Q: My mother in law gave our family dog away while she was supposed to be watching it for us. What are our rights?

1 Answer | Asked in Animal / Dog Law and Small Claims for California on
Answered on Nov 21, 2018
William John Light's answer
If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.

In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours,...

Q: Need help with a hit and run case but with no personal injury just total loss of my vehicle.

2 Answers | Asked in Car Accidents and Small Claims for Texas on
Answered on Nov 21, 2018
Rahlita D. Thornton's answer
Based on the severity of the accident it is highly unusual for their not to be any injuries sustained. So, therefore you are highly blessed. But, sometimes a lot of folks don't feel the pains and discomforts right away immediately after an accident and I would suggest that you get checked out and wait to assert the position that you and not injured. Unfortunately, you are left in a mess due to someone else's negligence. We believe that people should take personal responsibility for their...

Q: Can I get evicted from an address I never lived at? And have a judgement against me in that eviction case?

1 Answer | Asked in Small Claims for Indiana on
Answered on Nov 19, 2018
Alexander Florian Steciuch's answer
This is 100% legal. You signed the lease agreement and agreed to be held responsible for the rent. They didn't receive rent and now they are coming after you for it.

Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Nov 19, 2018
Mr. James Charles Wright's answer
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).

Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?

2 Answers | Asked in Car Accidents and Small Claims for California on
Answered on Nov 15, 2018
William John Light's answer
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.

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