Small Claims Questions & Answers by State
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Small Claims Questions & Answers
Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?
Kyle Persaud's answer
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.
You can also ask the judge to call a witness or order the production of...
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.
You can also ask the judge to call a witness or order the production of...
Q: How will appearing on a rent deposit case as a witness affect my Green Card now and when applying for a US passport?
Kelli Y Allen's answer
Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.
Unless there is additional information, I'm not sure what the concern is. Whether someone is a witness in a criminal or civil proceeding is unrelated to an immigration petition.
Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.
1 Answer
| Asked
in
Landlord - Tenant, Real Estate Law and Small Claims
for
New York
on
Answered on Apr 10, 2019
Answered on Apr 10, 2019
Michael David Siegel's answer
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.
Q: I was moving after my lease ended in September 2018. A friend asked me to refer her to my landlord because she needed a
Anthony Marvin Avery's answer
What is your question? It is doubtful anyone would file an expensive suit to recover the actual couch or its value. Especially when you agree to give it to her. If you are really worried, find out where she is and deliver it to her. You do not need a lawyer.
What is your question? It is doubtful anyone would file an expensive suit to recover the actual couch or its value. Especially when you agree to give it to her. If you are really worried, find out where she is and deliver it to her. You do not need a lawyer.
Q: I am being sued because my ex loaned me money to buy a car. Now I can't afford to pay the loan back.
Michael David Siegel's answer
If there is a lien on the car, it is not exempt. If no lien, it could be exempt. But it is also hard to seize it. Answer the case.
If there is a lien on the car, it is not exempt. If no lien, it could be exempt. But it is also hard to seize it. Answer the case.
Q: can i sue my mom for not paying my medical bills even though I'm 18
1 Answer
| Asked
in
Family Law, Collections, Health Care Law and Small Claims
for
Oklahoma
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
If your mother agreed to pay your medical bills, then, legally, you can sue.
However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.
Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP
1 Answer
| Asked
in
Banking, Identity Theft and Small Claims
for
Virginia
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA to another unaffiliated bank that you can trust. Try to get a cashier's check, cash it out at another bank where you are well known, and then take the case to a third bank and open a new account. Best...
This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA to another unaffiliated bank that you can trust. Try to get a cashier's check, cash it out at another bank where you are well known, and then take the case to a third bank and open a new account. Best...
Q: Hello my dad passed way two year ago I he have a house whit a lien on it can still transfer title to my name
2 Answers
| Asked
in
Civil Rights, Real Estate Law and Small Claims
for
Florida
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Terrence H Thorgaard's answer
You need to file a probate petition. Assuming that the property is in Florida, you should contact a Florida attorney who can advise you how to proceed. It may be necessary to pay off the lien, but in any case I would doubt that the lien will show on YOUR credit reports.
You need to file a probate petition. Assuming that the property is in Florida, you should contact a Florida attorney who can advise you how to proceed. It may be necessary to pay off the lien, but in any case I would doubt that the lien will show on YOUR credit reports.
Q: I'm on disability and owe 9,800 to creditor could they take a home that's in mine and my moms name?
Bruce Alexander Minnick's answer
Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.
Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.
Q: I returned a car that I financed to the dealer the same day for repair that was supposed to be taken care of but wasn't.
Matthew Williams' answer
Without reading the financing agreement and associated warranties or service plans, it’s impossible to say.
Without reading the financing agreement and associated warranties or service plans, it’s impossible to say.
Q: We have 3 mos left on our lease & the landlord won't share any details re security deposit (3 mos). Can we draw it down?
Michael David Siegel's answer
If you want to not pay rent for three months as a strategy, you can. You risk an eviction case being filed, but it will not likely be resolved in three months. But you would have to answer any summons.
If you want to not pay rent for three months as a strategy, you can. You risk an eviction case being filed, but it will not likely be resolved in three months. But you would have to answer any summons.
Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them
1 Answer
| Asked
in
Family Law, Civil Rights, Juvenile Law and Small Claims
for
Oklahoma
on
Answered on Mar 31, 2019
Answered on Mar 31, 2019
Doak Willis' answer
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.
Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?
3 Answers
| Asked
in
Personal Injury, Civil Litigation and Small Claims
for
Oregon
on
Answered on Mar 29, 2019
Answered on Mar 29, 2019
Q: I had two auto mobile stolen we got one back.How can i press charges against this juvinil.
Anthony Marvin Avery's answer
I am not sure of your exact question. Did you report the Thefts to the Sheriff'f Office when you found the cars missing? If so go back to them with what facts you now know. If not, then go to the Sheriff now and explain what has happened. If you really think a certain Juvenile stole from you, then give his name and address to the Cops, along with the pertinent facts. Do not expect an actual Juvenile to receive much punishment. Most importantly focus on what you know happened to the...
I am not sure of your exact question. Did you report the Thefts to the Sheriff'f Office when you found the cars missing? If so go back to them with what facts you now know. If not, then go to the Sheriff now and explain what has happened. If you really think a certain Juvenile stole from you, then give his name and address to the Cops, along with the pertinent facts. Do not expect an actual Juvenile to receive much punishment. Most importantly focus on what you know happened to the...
Q: A neighbor hired a landscaping company to do yardwork and they damaged my property, what actions should I consider ?
Richard Sternberg's answer
Your potential claim is against both the neighbor acting as principal and the potential trespasser or nuisance tortfeasor, acting as agent, the contractor. You should evaluate the case with a lawyer and consider issuing a demand letter.
Your potential claim is against both the neighbor acting as principal and the potential trespasser or nuisance tortfeasor, acting as agent, the contractor. You should evaluate the case with a lawyer and consider issuing a demand letter.
Q: A person bought me a vehicle for $2,500 by using a credit card the bill of sale and title are in my name they also paid
1 Answer
| Asked
in
Consumer Law, Criminal Law and Small Claims
for
Georgia
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Ecleynne Mercy's answer
You had an oral contract, he can file suit or petition the court for an arrest warrant. He will be able to provide the court with his evidence and you will have to defend your position. It may be best to see if he will take a payment plan before it gets really bad and you will have to pay the loan, an attorney and or court fees. I hope this helps.
You had an oral contract, he can file suit or petition the court for an arrest warrant. He will be able to provide the court with his evidence and you will have to defend your position. It may be best to see if he will take a payment plan before it gets really bad and you will have to pay the loan, an attorney and or court fees. I hope this helps.
Q: Neighbor claims a shingle from my roof fell and hit there car and scratched it am I reliable?
Kyle Persaud's answer
Possibly.
In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:
1. Did the defendant owe a duty of care to the plaintiff?
2. Did the defendant breach that duty?
3. Did the defendant's breach of the duty cause harm to the plaintiff?
In the case of Lowery v. Echostar Satellite Corp., the Oklahoma Supreme Court held, "The most important consideration in determining the existence of a duty of care is...
Possibly.
In a negligence case, there are three questions that courts ask in deciding whether a defendant is liable:
1. Did the defendant owe a duty of care to the plaintiff?
2. Did the defendant breach that duty?
3. Did the defendant's breach of the duty cause harm to the plaintiff?
In the case of Lowery v. Echostar Satellite Corp., the Oklahoma Supreme Court held, "The most important consideration in determining the existence of a duty of care is...
Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?
3 Answers
| Asked
in
Consumer Law, Lemon Law, Products Liability and Small Claims
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
William John Light's answer
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
Q: I got permission leave my property at the owners house and his son took it and soled it with out my knowledge
Kyle Persaud's answer
If the buyers were innocent purchasers, and if they did not know that the seller had no right to sell it, then the buyers have legal title to the property. See Okla. Stat. tit. 12A sec. 2-403, here: https://www.oscn.net/applications/oscn/deliverdocument.asp?id=65023&hits=2010+380+379+378+52+51+50+
The son may have committed larceny. You may be able to report him to the police, or sue him and recover the money from him.
If the buyers were innocent purchasers, and if they did not know that the seller had no right to sell it, then the buyers have legal title to the property. See Okla. Stat. tit. 12A sec. 2-403, here: https://www.oscn.net/applications/oscn/deliverdocument.asp?id=65023&hits=2010+380+379+378+52+51+50+
The son may have committed larceny. You may be able to report him to the police, or sue him and recover the money from him.
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