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Small Claims Questions & Answers
1 Answer | Asked in Contracts and Small Claims for Florida on
Q: woman, is refusing to open the door to the sheriff to be served

What can be done? It's in Florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

What does the deputy say? How does he or she know that the woman is at home?

Assuming you are the plaintiff, get the sheriff to file a return of service explaining in detail what occurred. Then, when it's time, ask for a judicial default.

1 Answer | Asked in Small Claims for New Jersey on
Q: Do I have a case against my ex?

I bought a car off of my ex while we were together. Unfortunately, I never got a written contract or payment receipts. I only have text messages of him saying he will sign the car over to me soon, me asking when he'd sign the car over to me soon, and practically begging for him to sign the car over... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

If you have text messages showing that you paid him for the car and requesting that he give you the car, I would recommend filing an action in small claims court seeking your money back. The text messages will help you prove that you and your ex had entered an oral contract whereby you offered him... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

2 Answers | Asked in Civil Rights, Consumer Law, Personal Injury and Small Claims for California on
Q: Car i was driving Repoed it was clearly marked disabled placard left me stranded with no means my wallet in the car

This is not my car. SoI had sheriff call and thats when we found out it was 9 am in morning I called to explain that I just need my wallet and things and they refused told me to come to yard at 4:30 pm I am disabled and sick that there was no way to get to yard or home or any place safe that they... Read more »

William John Light
William John Light answered on Oct 13, 2019

Being disabled is not a defense to having your car repossessed.

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1 Answer | Asked in Personal Injury and Small Claims for Missouri on
Q: If an insurance company decides against your claim against their client, how to pursue?

Last August I went to a city meeting. The parking lot was a mucky mess due to reconstruction. Leaving the meeting I walked across a grassy strip next to the parking lot to avoid the muck, stepped into an unmarked trench that lined a newly-installed parking curb, tripped and fell. The trench was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

A Missouri attorney could advise in the best possible manner, but your question remains open for two weeks. If there is no further medical treatment and no meaningful findings of injury in any follow-up examination, and these bills are the extent of damages, small claims could be an option. If... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

1 Answer | Asked in Workers' Compensation, Civil Litigation and Small Claims for Kentucky on
Q: Can company reduce my hours if dr put me on light duty
Timothy Denison
Timothy Denison answered on Oct 7, 2019

If they can not accommodate you, yes.

1 Answer | Asked in Small Claims for Michigan on
Q: Hi i have an ex friend that owes me 4000 dollars there was only a verbal agreement no luck getting ahold of her
Brent T. Geers
Brent T. Geers answered on Oct 6, 2019

Do you have anything documenting the agreement? Like a cancelled check she cashed? You would likely need to file a small claims action. But even if you win, all you are going to get is a judgment - which is little more than a piece of paper that says she legally owes you money.

While...
Read more »

1 Answer | Asked in Civil Litigation, Small Claims, Criminal Law and Civil Rights for California on
Q: HEAT Team officer not in distinctive vehicle, uniform nor a badge. In pursuit. I have photos, to prove.

I got away fiance in custody still. Since 6/23/19. Cop admits to breaking law by saying not in uniform. He didn’t show up in court. The judge keeps continuing court no deal offered, or bail reduction. Ineffective assistance of counsel. I’m witness but never on police report. I took the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info needed.

i assume you have a private or court-appointed lawyer (public defender?

that is who you should direct your questions as s/he has all the info in front of him/her.

after reading the police report your lawyer may agree with you and file the necessary...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources available on... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Missouri on
Q: Me and my family made a verbal agreement with our private landlord.

She told us she paid $700 a month and will take $80 a week off rent a month. Leaving us $400 monthly rent.

I just recently, after a year, found out she only pays $526 a month and is pulling one over on me. What should I do? We want to leave and not pay last months rent or utilities.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Oct 4, 2019

If you do not have a written agreement your “landlord” has nothing to enforce if you move out. Just make sure there are no emails or texts that, if taken together, can show the terms of your rental. If there are, you should consult an attorney.

2 Answers | Asked in Small Claims for Texas on
Q: Hi , my fiancee had an Apple watch for about 10 months. Last week it overheated and burned her pretty bad on her arm.

We spoke to Apple and they claimed it was an allergic reaction and not their fault. Do we have any recourse for this or our we wasting our time.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

Contact a personal injury attorney that does product liability. It might be possible for her to recover; however, it's best to speak with a lawyer (and usually to hire them if you want the best outcome). Most personal injury lawyers get paid only if you receive a settlement; you don't pay them up... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Louisiana on
Q: I was ordered to pay money back in a civil case. A fake reciept produced by me was included in this money. If i dont pay

Can they use this reciept to file criminal charges. Even though it was ordered in civil court

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 3, 2019

Yes that is fraud and you can be charged. You are advised to get a loan and make good on the judgment.

1 Answer | Asked in Civil Rights, Consumer Law, Small Claims and Criminal Law for Colorado on
Q: My friend stored my wedding dress at her house. I have asked her for it back. She says she never had anything. Help!

This happened in Colorado, I now live in Kansas. I've asked to have a friend come by and pick up the dress. She says she never had anything. Can I sue her for the amount of the dress or the dress back?

Tim Akpinar
Tim Akpinar answered on Oct 2, 2019

Such a case could be difficult without some form of proof. A judge/jury would look at your assertion and the other side's denial, and not have a means of deciding the matter without some evidence to support your position. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Small Claims for Alabama on
Q: Took my vehicle to a body shop to help color changed o

Took my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor bodTook my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor body work dropped off March 30th the it was still at shop over... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

Just about any attorney could write the letter you describe. I don't know what kind of working relationship you have with the shop, but it's possible that it could be more practical to simply contact them yourself in a less confrontational manner and ask them what is causing the delay and where the... Read more »

1 Answer | Asked in Insurance Bad Faith and Small Claims for Wisconsin on
Q: Insurance will only pay me 50% of my damages because the other driver intentionally brake checked me. How is that fair?

The police have received both of our statements where both sides state that he brake checked me intentionally. The insurance knows this and told me that because he intentionally tried to cause an accident they will only pay for half of my damages.

Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

It does seem unfair. You could consult with a Wisconsin attorney. There is no mention of injuries, and I hope you were not injured. But keep in mind that if the claim is purely property damage, an attorney might not be able to handle it on at a typical contingency fee arrangement generally applied... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit against me in my... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana law... Read more »

1 Answer | Asked in Civil Rights, Education Law and Small Claims for Missouri on
Q: can I sue my private highschool for not protecting me against racial aggression, bullying, and hate?

I was bullied and terrorized horribly my senior year of high school for being African American, received threats, and more. My private high school did absolutely nothing on my behalf, or anything to protect me. Do I have the right to sue them? I have since then developed chronic depression and... Read more »

Gary Kollin
Gary Kollin answered on Sep 26, 2019

If we wrote no, would you abandon this?

If you wrote yes, then you would need to contact a local lawyer.

So since you will not abandon it, then contact a local lawyer for a consultation

1 Answer | Asked in Civil Litigation, Contracts, Lemon Law and Small Claims for Florida on
Q: A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract

2 days after taking vehicle home, found out it needed a transmission. My salesman literally blocked me and my family from contacting him. So i filed a complaint with the Department of Motor Vehicles. 30 days later, expired tag, car doesn't move

Charles M.  Baron
Charles M. Baron answered on Sep 24, 2019

You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the... Read more »

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