Small Claims Questions & Answers

Q: Can I get a parking ticket for pulling up in front of friends house to drop him off there were cars parked on the righ

1 Answer | Asked in Small Claims and Traffic Tickets for New Jersey on
Answered on Jun 20, 2018
H. Scott Aalsberg Esq.'s answer
I would not complain about the parking ticket because the year old marijuana was still good enough to give you a criminal charge.
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Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Florida on
Answered on Jun 19, 2018
Barry W. Kaufman's answer
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
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Q: Can a pet rescue take your pet from the vet that was helping with pledges while telling you treatment was not done yet?

1 Answer | Asked in Criminal Law, Animal / Dog Law, Medical Malpractice and Small Claims for California on
Answered on Jun 16, 2018
William John Light's answer
Depends on what you signed. You should read it.
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Q: Can i sue a tv company for taking an interview of me and changing the question afterwards so it makes me look bad?

1 Answer | Asked in Civil Rights, Communications Law and Small Claims on
Answered on Jun 16, 2018
Gary Kollin's answer
People can sue for anything. Do you have a contract? What did the contract or release say?

That is the starting point.
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Q: My neighbor has a tree and it’s roots are causing damage to my driveway. Who is responsible for damages?

1 Answer | Asked in Real Estate Law and Small Claims for Colorado on
Answered on Jun 15, 2018
Donald C Eby's answer
The roots (not the tree) is on your property, you can cut them.
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Q: Jefferson capital suing for fingerhut. Can I get a dismissal based on generic bill of sales and no signed agreement

1 Answer | Asked in Small Claims for Florida on
Answered on Jun 14, 2018
Terrence H Thorgaard's answer
It is unlikely that you will prevail at trial. They don't need a credit agreement signed by you; chances are there is an "account stated" count in the complaint. This means that if you received billings and failed to object you are liable. They will, at trial, probably prove the assignments of the account (your name and the last 4 digits of the account on the redacted spreadsheet will probably be sufficient). The chain of assignments is usually proven at trial via the testimony of a records...
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Q: I was served with a lawsuit for debt on a car that was voluntarily repossessed for 9,665.90. How do i negotiate this

1 Answer | Asked in Bankruptcy, Lemon Law and Small Claims for Georgia on
Answered on Jun 14, 2018
Timothy Denison's answer
Hire an attorney, let him negotiate the debt, pay settlement lump sum.
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Q: How do I collect on a judgment ordered by a judge for the defendant to pay?

1 Answer | Asked in Small Claims for Florida on
Answered on Jun 13, 2018
Alex McClure's answer
To be clear, a judgment is not an order to pay. Its an order establishing someone owes another money.

Judges, clerks, and judicial assistants cannot give legal advice. This is why the refer you to attorneys. Garnishment is a technical and tedious process with many, many pitfalls. It also costs a few hundred dollars. It is not instituted by going in front of a judge.

You can find garnishment processes at Chapter 77, Florida Statutes. Welcome to being a judgment creditor. The...
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Q: We're can I get free legal advice my number 3175867201.my name Corey kirlin.my email kirlin187@gmail.com

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Jun 13, 2018
Andrew Bennett's answer
It depends on the type of case, however, you should contact the local county bar association to see if there is a service. Also you can google to see if there is a legal aid society near you that may be able to help.
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Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on
Answered on Jun 12, 2018
Michael David Siegel's answer
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.
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Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Answered on Jun 12, 2018
D. Nathan Davis' answer
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.

You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
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Q: Can we get rid of personal items that someone left on our property for years? (not tenant, no money exchanged

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Maryland on
Answered on Jun 8, 2018
Mark Oakley's answer
Yes, it's abandoned property. Do what you like with it. Sell it to defray the inconvenience and fair rental value of storing it beyond the agreed time period. If you want to really play it safe against any potential claim she may make, wait the 30 days notice you give in your non-certified letter. Require her to contact you and make mutually acceptable arrangements for a date and time to clear the items out, and state clearly that you will dispose of all the items if they remain past 30...
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Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.

I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.

You may...
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Q: Bought a car, money wired, it was misrepresented, I didn't take possession. Seller has both the car and money. Options?

1 Answer | Asked in Criminal Law and Small Claims for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
File a police report in the jurisdiction where the sale took place for theft.
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Q: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?

1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on
Answered on Jun 8, 2018
Andrew Zulieve Esq's answer
File a report with the local police and let them investigate the matter for possible criminal charges.
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Q: Is it legal for a dealership to sell a car that can't pass inspection without telling me it cant

1 Answer | Asked in Contracts, Lemon Law and Small Claims for Missouri on
Answered on Jun 8, 2018
Ronald J. Eisenberg's answer
They can sue you if you don’t pay and you can sue them. Anyone can sue anyone. The better questions concern this risks and costs of litigation. I suggest you meet with a local attorney, preferably with consumer law experience. Ask about the Merchandising Practices Act.
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Q: She had it for 4 months never made a car payment so I ask for it back now I have toll bill that she refuses to pay.

1 Answer | Asked in Contracts, Traffic Tickets, Collections and Small Claims for Texas on
Answered on Jun 7, 2018
Grant St Julian III's answer
If the car is registered to you, you are responsible to the tolls incurred. Did you sell the car or not? Did you execute any documentation regarding the sale? If you have a Bill of Sale, or a contract that proves the date you sold the car, you can show the contract to the North Texas Toll Authority, and they will put the tolls on the purchaser of the car.
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Q: Follow up quest.What if you have contacted law enforcement and was told to get a written letter of replevin. suggsuggest

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Small Claims for Florida on
Answered on Jun 7, 2018
Terrence H Thorgaard's answer
it is extremely unlikely that anyone will look up your previous question from March. I suggest that you clearly ask it again.
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Q: I have been summoned for court over a Capital One credit card from 2015 amount of $1, 832. What should I do?

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Answered on Jun 7, 2018
Alex McClure's answer
Your best option would likely be to contact the attorney (their office) directly and discuss a payment plan. They will ask you about your finances and will tell you if there is anything that you can do to make monthly payments.

Regarding your court situation, you should continue to read and follow any directives you receive from the Court or the Plaintiff's attorney so that you dont default or risk the case until it is settled and stayed, if in fact you can get it settled with...
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Q: My car has been at an auto shop for about 30 days. Am I at risk of losing ownership of the car?

1 Answer | Asked in Small Claims for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
They could file a lien.
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