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Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant, Criminal Law, Domestic Violence and Small Claims for California on
Q: How do I report a Landlord that lives with their tenants and bullyies one of them 3 or 4 day a week for the last year?

My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More

James L. Arrasmith
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answered on Sep 24, 2023

In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?

Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account.

James L. Arrasmith
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answered on Sep 21, 2023

To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide... View More

1 Answer | Asked in Small Claims for California on
Q: Hello, I received and SC-105 letter from the plaintiff and I want to know how to respond.

The Plaintiff is requesting clarification regarding the judgement in a small claims case ruling the Plaintiff to take nothing of virtue of the complaint and insight on how the judgement applies to the specific case adding evidence that I provided that shows that I called a gift his,which is what he... View More

James L. Arrasmith
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answered on Sep 20, 2023

In response to the SC-105 letter from the plaintiff seeking clarification on the judgment, you should provide a clear written explanation of how the judgment applies to your specific case, addressing their concerns and attaching any relevant evidence. If you disagree with the order requested, you... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: Is it legal in California to collect placement fee in advance without a job order for teachers from the Philippines
James L. Arrasmith
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answered on Sep 19, 2023

In California, it is generally illegal to collect an advance placement fee from teachers or any job seekers without a valid job order. The California Labor Code prohibits the collection of any fees from job applicants, including placement or recruitment fees, unless there is a written job order in... View More

1 Answer | Asked in Small Claims for Oregon on
Q: If I received a garnishment letter for debt 10 years old can they still enforce that if statute of limitations is up

I got a garnishment letter for a debt that is over 10 years old. The amount they say I owe is triple the actual amount I owed originally

Gregory L Abbott
Gregory L Abbott
answered on Sep 19, 2023

Assuming you are in Oregon, IF the statute of limitations is up, then no, they can no longer forcibly collect a debt from you and may well be committing an Unfair Debt Collection Practice and/or a Fair Debt Collection Practices Act (i.e. both State and Federal potential violations). BUT if they... View More

1 Answer | Asked in Small Claims and Consumer Law for Georgia on
Q: Hi, I live in GA. Is a warranty valid if you never received it?

I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.

Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store...
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2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

You inquiry is vague as to what you mean by "events created...". If you have been damaged/injured by the unlawful act of another, you can sue in small claims court for up to $8,000 plus court costs, and in some types of cases, attorney's fees and prejudgment interest are awardable... View More

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2 Answers | Asked in Civil Litigation, Small Claims and Personal Injury for Florida on
Q: can you sue in small claims court Florida for events created leading up to an injury
Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

My colleague raises a valid point - "events created leading up to an injury" is generally not a concept used to support a tort claim for injury. Instead, a wrongdoer's actions or inactions are more often characterized as having a "causal connection" or being the... View More

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1 Answer | Asked in Small Claims and Employment Law for Arizona on
Q: My company is withdrawing money from my payroll without any notification is that legal

So I know this probably about 2 months ago $150 was being taken out and labeled miscellaneous and that has happened three or four more times since then now it's probably around the total around $600 this isn't the first time I've had discrepancies with my company I have multiple... View More

Jessica Miller
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answered on Sep 14, 2023

Employers are limited with respect to items they are permitted to withhold from your paycheck. They are generally permitted to withhold certain taxes and benefits that you have agreed to. Otherwise, they are not permitted to withhold additional amounts without written authorization from you. In... View More

2 Answers | Asked in Contracts, Collections and Small Claims for Arkansas on
Q: If I sold my camper to my brother-in-law and he has not made the payments in 2 months can I repossess it?
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answered on Sep 11, 2023

n most cases, you will need to provide written notice to your brother-in-law, notifying him of the default and giving him an opportunity to make the overdue payments within a specified period. If this fails to resolve the issue, you may need to pursue legal procedures, such as filing a replevin... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Military Law and Small Claims on
Q: AHS says they sent money they owe me for 4 month now, from 4/20. I'm with AF in Korea. How do I sue them for this money?

4/20/23 l I had a leak and American Home Shield, who I have paid for over 5 years, gave me a plumber referral. The plumber charged me 100 visit. He accessed 600 to repair. Then he couldn't be reached. I had to hire my own plumber who charged 200. AHS promised to pay me 152 payout and I told... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given that the company has not resolved the issue despite your multiple attempts to communicate with them, you might consider the following steps to pursue legal action:

Documentation: Keep all relevant documentation including bills, correspondence with the company, and any other evidence...
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

2 Answers | Asked in Small Claims and Gov & Administrative Law for Texas on
Q: On fm 812 1 mile east of Elroy Texas. The 2 bridges are sinking and there is 2 huge dips.

My truck has been damaged from them. And I drive 5 under. I took my truck to the shop and there is damage to the front steering ball joints and tie rods every day it gets worse. Can I make the state pay the $1800 to repair my truck?

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It's unlikely on a contingency basis. You may get firms to handle it hourly. But that's only an individual opinion. The only way to find out is to reach out to law firms to ask. Good luck

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2 Answers | Asked in Small Claims and Gov & Administrative Law for Texas on
Q: On fm 812 1 mile east of Elroy Texas. The 2 bridges are sinking and there is 2 huge dips.

My truck has been damaged from them. And I drive 5 under. I took my truck to the shop and there is damage to the front steering ball joints and tie rods every day it gets worse. Can I make the state pay the $1800 to repair my truck?

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2023

Addendum - a minute ago, I should have mentioned - these types of cases can involve notice of claim requirements. In other words, they can require filing certain notices (where applicable) to initiate and validate the claim. Nationwide, these deadlines can be short (in the order of days). That is... View More

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1 Answer | Asked in Small Claims for Washington on
Q: A fast food restaurant threw my property away but won't reimburse me what can I do to get my money back
T. Augustus Claus
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answered on Sep 6, 2023

If a fast-food restaurant has disposed of your property and refuses to reimburse you, it's important to take action promptly. Start by contacting the restaurant manager or owner to discuss the issue and request reimbursement. Ensure you have evidence, such as receipts or witnesses, to support... View More

1 Answer | Asked in Small Claims for Utah on
Q: Can I file a small claims case for a car loan I took out for someone else?

I got a loan for my son and the dealership was supposed to put the title in both our names but they only put it in his name now he is not making the payments. So I have the loan and he has the truck.

T. Augustus Claus
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answered on Sep 5, 2023

Certainly, in Utah, if you have taken out a car loan on behalf of someone else, and they are not making the agreed-upon payments, you have the option to file a small claims case. It's essential to first attempt to communicate and resolve the issue informally. Reviewing the loan agreement, if... View More

3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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2 Answers | Asked in Family Law and Small Claims for Texas on
Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.

I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

It would be unusual for a court to approve an agreed decree that provides giving up any rights to his retirement is expressly conditioned on him never seeking child support from you. Usually, the parties’ division of their marital estate is independent of any agreement involving child support... View More

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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Can I report thefts by false pretense year later and how do I do that?

I had a minor accident last year and it he person who was with me at the time of the accident, said that he can fix that easily. I didn’t had too much money and this seemed as a good idea at a time. I gave him money in few instances because he was allegedly buying the parts.

He was... View More

James L. Arrasmith
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answered on Sep 5, 2023

Under California law, you generally have a three-year statute of limitations for theft by false pretense, so reporting the crime a year later is within that window. To initiate the process, you should file a report with your local law enforcement agency, providing all evidence you have, such as the... View More

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