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Small Claims Questions & Answers

1 Answer | Asked in Consumer Law and Small Claims for Ohio on

Q: I bought a used car from dealer. They couldn’t get me a title so I took car back and They gave me a check that bounced.

They had bought the car from an auction and sold it to me for $3600 with no warranty with temporary tag. Then engine showed damage a week later. I thought my only option was to sell car as is to get something back. However dealer could not get me a title for the car! I called them and because of... Read more »

Taylor P Waters answered on Aug 23, 2019

You can file a small claims action against them n your local municipal court. Bring all your paperwork, proof of the check bouncing, and all communications from them.

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on

Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed pay me... Read more »

Michael David Siegel answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »

Bennett James Wills answered on Aug 20, 2019

What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... Read more »

1 Answer | Asked in Business Formation, Business Law and Small Claims for North Dakota on

Q: Subway and their false advertisement question?

so you walk into a Subway in the sign on the glass usually states, make it what you want. Well if you try to order a wrap let's triple or quadruple me, they claim that corporate policies do not let you. Wouldn't that be considered false advertisement because now I'm not getting to be able to make... Read more »

Tim Akpinar answered on Aug 18, 2019

With those types of statements, the underlying premise is that the customer's wishes would be fulfilled, within a standard of reasonableness, not necessarily in a literal sense; or in this case, within the reasonable guidelines of their corporate policies. You could consult with an attorney to ask... Read more »

1 Answer | Asked in Real Estate Law, Lemon Law and Small Claims for Maine on

Q: I purchased a mobile home. In Maine to be moved to nh. During the process of getting a mover.

During the process of getting a mover. They moved I to another part of there property. I since had two moving companies tell me it's not movable. I told the people I bought the trailer from that I can't move it so I need my money back and they are telling me no. Well just bought the trailer... Read more »

Fred Bopp III answered on Aug 18, 2019

If you have a written agreement with the seller for the purchase of the mobile home, that should be consulted first. If there is no written agreement or if there is one, but the written agreement fails to address this situation, did you explain to the seller before you purchased the mobile home... Read more »

1 Answer | Asked in Consumer Law, International Law and Small Claims on

Q: Can I take a person to court in Florida for money owed even though I live overseas?

I paid for a training service that never went ahead and was told I would get a refund. There was difficulty in communication not going through to me to receive my refund and after a year I stopped getting any replies. I only know their business address. Is it possible to take them court without... Read more »

Tim Akpinar answered on Aug 18, 2019

It can depend on the terms of the agreement you entered. Check to see if it has any type of forum selection clause or other restriction as to where disputes are to be adjudicated, or if it contains a mandatory arbitration clause that precludes remedies in civil court or small claims court. You... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on

Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

1 Answer | Asked in Small Claims and Employment Law for Michigan on

Q: Is it fraud or mistake

How does the law fall under if I caught my company clocking me out and I was still working. I caught them on a few times and not paying me on my full commission pay. They said it was a mistake. But the manager seen me working still and was the one that clocked me out.. I was fired and then its when... Read more »

Tim Akpinar answered on Aug 16, 2019

Your question involves elements of employment law, so you'd need to pose it to an employment attorney for the most meaningful direction. But it remains open for four weeks. In general terms, regardless of the area of law, fraud or mistake can be distinguished from one another by the state of mind... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: With description what rights and options are available? Home was purchased with money deeply sentimental to me...

Paid rent to my mom sharing her home (also child), oral agreement, she, on whim changed;living arrangements, unrealistic expectations, cash only payments, refused receipt, which she would constantly manipulate, pleas for more money because she can’t pay bills/mortgage, then acting as though... Read more »

Joseph Jaap answered on Aug 16, 2019

If you do not have a written lease, then if an eviction action is filed, the court will likely evict you. All that other past history is irrelevant. If the court orders the eviction, it typically gives tenant only 7 days to vacate. So try to work it our, or look for new living accommodations.

1 Answer | Asked in Civil Rights, Small Claims, Criminal Law and Securities Law for Georgia on

Q: My girlfriend is 15 and I’m 16 we both want her to come to my house out of her county

Her parents don’t know am I breaking any laws, she’ll only be there for 1 day

Bruce Alexander Minnick answered on Aug 15, 2019

This is not a securities law question; nor is it a small claims question; nor is it a civil rights question; so that only leaves criminal law--which is what you both may learn about very soon if you continue of the path you are taking.

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Louisiana on

Q: I sold a side by side to a guy that lowballed me on the value of the unit. He gave me 13,000 but I owed the bank 16

I haven’t paid it off because we were dealing with custody battle, my husband was laid off and we just haven’t had the money. We know both have jobs and are going to pay either the guy back or the bank, whichever I guess at this point. But I just was told he is going after me for theft. I... Read more »

Gary Kollin answered on Aug 15, 2019

No way

1 Answer | Asked in Small Claims for Arizona on

Q: I gave my brother 500 for rent nad deposit we haven't moved in so i wanted it back due to another altercation

Other altercation was a car i bought from my sister and he wont give the keys since it was in his name

Mike Branum answered on Aug 15, 2019

I would suggest you enlist a neutral third-party who your brother respects to assist you in reasoning with your brother. If he still does not return your money, you could file a small claims court action to recover your money. You will need to make sure you have documents which prove you handed... Read more »

1 Answer | Asked in Estate Planning, Probate, Small Claims and Real Estate Law for California on

Q: Probate hasnt started can a non teanat place locks on rooms? Will a quite title action make an unsigned deed valid?

My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »

James Edward Berge answered on Aug 14, 2019

An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant... Read more »

2 Answers | Asked in Divorce, Family Law and Small Claims for Georgia on

Q: What action can I take to get my cellphone back from my ex and compensation for the service plan as well

My wife left over a year ago. Shortly after I allowed her to use the phone and now she refuses to return it. I've paid a years worth of service and a monthly lease payment on the phone. It's a galaxy note 9 not a cheap phone.

Regina Irene Edwards answered on Aug 14, 2019

If you are still married, you have no recourse. The phone is marital property and she has every right to use it. She is not going to have to pay for the service, either. If you wish to end the marriage and separate finances, you need to file for divorce.

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1 Answer | Asked in Personal Injury, Traffic Tickets and Small Claims for Pennsylvania on

Q: I was wondering if its harassment when I can't step outside my house without my neighbor calling the cops.?

So my neighbor has been causing me problems for some time now, telling the rest of my neighborhood and my small town that I cook meth and I am a drug addict and how I steal from every where, I believe she has gotten me evicted from my apartment although my landlord is trying to say its for non... Read more »

Elizabeth Tarasi answered on Aug 14, 2019

You need to report uyour licesne plate stolen and you need to obtain a license plate.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Pennsylvania on

Q: I filed a eviction for non-payment of 2 months rent ,damages,and utility bills which were never payed. We go to court.

She reveals she left a few days ago and claims harassment from a third party phone call by a relative of mine. Which was news to me and sounded bad to be honest . The judge decides she doesn’t need to pay us back anything . But now that she has left there are unpaid ullity bills,the house is a... Read more »

Elizabeth Tarasi answered on Aug 14, 2019

I would file the appeal. Also report her.

1 Answer | Asked in Small Claims for Maryland on

Q: If you loan a person $2000 and he doesn't repay it, what recourse do you have?

Mark Oakley answered on Aug 14, 2019

File a Small Claims suit against the person for breach of the loan agreement. The civil complaint forms are available online or at the civil clerk’s office of the District Court.

1 Answer | Asked in Small Claims for Georgia on

Q: Is any cash you give to someone considered "a gift" in Georgia? Even if you have a verbal contract and text agreements?

Let me say up front - I understand I should have done this differently.

My boyfriend at the time got dropped from the NFL, his mom passed away, he had horrible spending habits and got his car repoed. Under agreements made through text & verbally - he agreed to pay me any money back when I... Read more »

Samantha A Holloway answered on Aug 13, 2019

A verbal agreement can be enforceable. However, without additional information, I do not know if the verbal agreement that you had with your ex is enforceable. I would suggest that you consult with an attorney.

It is relatively inexpensive to file a case in small claims court and it is...
Read more »

2 Answers | Asked in Criminal Law and Small Claims for Utah on

Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... Read more »

Wesley Winsor answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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