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Small Claims Questions & Answers
Q: What can I do to get my money back from a furniture store that refuses to deliver the goods I paid cash? Thank you
1 Answer
| Asked
in
Consumer Law, Contracts and Small Claims
for
California
on
Answered on Oct 21, 2018
Answered on Oct 21, 2018
William John Light's answer
Small Claims against the store and, potentially, against the owner individually since the owner made false representations to you.
Small Claims against the store and, potentially, against the owner individually since the owner made false representations to you.
Q: Am I liable for the repair that I didn't know after close?
Jason Anthony Greller's answer
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.
The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your condition report. You can argue that this is not a condition that affects the property but the buyer will argue the opposite. The concern here for you is that the property manager seems likely to testify...
I'm surprised that the buyer's inspector did not note that the dryer was not vented. If the dryer is not vented then it should be a condenser dryer.
The issue here is whether or not you had knowledge of a condition affecting the property and failed to disclose that condition in your condition report. You can argue that this is not a condition that affects the property but the buyer will argue the opposite. The concern here for you is that the property manager seems likely to testify...
Q: I want my friend out of my house
Tammy Lyn Wincott's answer
It sounds like she may be considered a tenant at this time and you may have to evict her. There are specific steps to follow in eviction and they vary depending upon the circumstances surrounding the eviction. Your local precinct or county should have information on evictions or you may look on the State Bar Website for Landord/Tenant guides.
It sounds like she may be considered a tenant at this time and you may have to evict her. There are specific steps to follow in eviction and they vary depending upon the circumstances surrounding the eviction. Your local precinct or county should have information on evictions or you may look on the State Bar Website for Landord/Tenant guides.
Q: What is the best way to go about check fraud?
3 Answers
| Asked
in
Criminal Law, Identity Theft and Small Claims
for
New York
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Aubrey Claudius Galloway's answer
Our firm routinely handles these small claims cases for a flat rate of $725.
I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts sort by plaintiff and our defendant and counterclaims exceeds $25,000.
For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small...
Our firm routinely handles these small claims cases for a flat rate of $725.
I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts sort by plaintiff and our defendant and counterclaims exceeds $25,000.
For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small...
Q: If a house is burning and i know the people who reside there are an old couple and i break down the down and rescue them
Timur Akpinar's answer
The scenario you describe appears to involve the legal principle of necessity, which could serve as a defense to doing something which is ordinarily deemed to be wrong, but is excused because the exigent circumstances. If this is not a hypothetical question, and is a real-life situation, a consultation with an attorney could provide guidance about how to proceed with the lawsuit. Again, if it is a real-life situation, it would also be advisable to learn if the old couple filed any form of...
The scenario you describe appears to involve the legal principle of necessity, which could serve as a defense to doing something which is ordinarily deemed to be wrong, but is excused because the exigent circumstances. If this is not a hypothetical question, and is a real-life situation, a consultation with an attorney could provide guidance about how to proceed with the lawsuit. Again, if it is a real-life situation, it would also be advisable to learn if the old couple filed any form of...
Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this
1 Answer
| Asked
in
Civil Litigation, Contracts, Small Claims and Landlord - Tenant
for
Oregon
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Gregory L Abbott's answer
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.
1 Answer
| Asked
in
Contracts, Business Law, Landlord - Tenant and Small Claims
for
Oregon
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Mr. Michael O. Stevens' answer
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Q: My deceased father's belongings are in buildings that he rented for years. Landlord won't give them to me. He owes rent.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Small Claims
for
California
on
Answered on Oct 14, 2018
Answered on Oct 14, 2018
N. Munro Merrick's answer
Pay the rent owed. The landlord must keep the items safe and may move them into storage at your expense. After a period of time if you do not repossess them, he make auction them off, deduct his rent, and pay you the balance.
Pay the rent owed. The landlord must keep the items safe and may move them into storage at your expense. After a period of time if you do not repossess them, he make auction them off, deduct his rent, and pay you the balance.
Q: If a person in pa was not authorized to drive a motor vehicle and was involved in a car accident does my ins pay out?
Peter Munsing's answer
If that person was at fault? Or not? You aren't being clear.
If your vehicle was at fault, then your vehicle's insurance will pay for the driver's mistake. If the person was not authorized to drive that vehicle, the insurance may either a) not pay or b)pay under a "reservation of rights."
Much depends on the "not authorized." If the owner is just saying that to protect their rates that's one thing. If they reported it stolen that's another. "I told him not to use it"(but left...
If that person was at fault? Or not? You aren't being clear.
If your vehicle was at fault, then your vehicle's insurance will pay for the driver's mistake. If the person was not authorized to drive that vehicle, the insurance may either a) not pay or b)pay under a "reservation of rights."
Much depends on the "not authorized." If the owner is just saying that to protect their rates that's one thing. If they reported it stolen that's another. "I told him not to use it"(but left...
Q: Hi, I live in Maryland my ex is trying to sue me cause I called off the wedding. I also emotionally cheated.
Mark Oakley's answer
Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the marriage. If your ex-fiancée incurred costs and expenses paying for things like the wedding venue, engraved invitations, etc., then maybe they would be able to claim 50% contribution toward those...
Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the marriage. If your ex-fiancée incurred costs and expenses paying for things like the wedding venue, engraved invitations, etc., then maybe they would be able to claim 50% contribution toward those...
Q: I loaned my friend $500.00 this past Sumner. The dates that he agreed to repay has passed. I tried to call and text.
Brent T. Geers' answer
Small claims seems to be the way to go. Although for that amount, you really need to weigh the costs versus potential recovery. If he doesn't show up to court, you might get a default judgment, but then you still need to collect on that, which may not be easy against someone already avoiding you.
Small claims seems to be the way to go. Although for that amount, you really need to weigh the costs versus potential recovery. If he doesn't show up to court, you might get a default judgment, but then you still need to collect on that, which may not be easy against someone already avoiding you.
Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?
Michael David Siegel's answer
The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.
The key line of your post is your fault for not checking. As to the bank, you have to pay. As to your ex, if you are named in a bankruptcy as a creditor for this debt, it will be a discharged claim, and you cannot sue your ex.
Q: Can I sue (small claims court) a corporation doing business in Michigan at my local district/circuit courthouse?
Trent Harris' answer
Here is the venue statute for Michigan. http://www.legislature.mi.gov/(S(mrmnjrzw5bkzjtbkhau2r4ik))/mileg.aspx?page=getObject&objectName=mcl-600-1621
It says you can sue the corporation in any county where it has a place of business, does business, or has its registered office. If none of these exists for the corporation, then you would be allowed to file in your local court for your home county. But you have to look for a county where the corporation has a place of business,...
Here is the venue statute for Michigan. http://www.legislature.mi.gov/(S(mrmnjrzw5bkzjtbkhau2r4ik))/mileg.aspx?page=getObject&objectName=mcl-600-1621
It says you can sue the corporation in any county where it has a place of business, does business, or has its registered office. If none of these exists for the corporation, then you would be allowed to file in your local court for your home county. But you have to look for a county where the corporation has a place of business,...
Q: Need help on how to collect on my small claims judgment.
Ronald J. Eisenberg's answer
Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a collection attorney to work on a contingency basis.
Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a collection attorney to work on a contingency basis.
Q: Would any part of KRS 355 apply to private party used car sales?
Timothy Denison's answer
Possibly, but you would be far better off utilizing KRS 367 Consumer Protection Act, which allows you to recover damages and attorney fees for fraud.
Possibly, but you would be far better off utilizing KRS 367 Consumer Protection Act, which allows you to recover damages and attorney fees for fraud.
Q: I was helped at a mental health hospital but i was discriminated and instigated at a previous clinic.
1 Answer
| Asked
in
Civil Rights, Consumer Law, Health Care Law and Small Claims
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
Louis George Fazzi's answer
You need to post this for Florida lawyers. I am in California and can't advise you.
You need to post this for Florida lawyers. I am in California and can't advise you.
Q: A plumber replaced water heater, but cut the Pipe Bollard, exposing the heater to vehicle damage. Recourse?
1 Answer
| Asked
in
Small Claims, Consumer Law, Real Estate Law and Construction Law
for
California
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
William John Light's answer
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
If the bollard needed to be cut to install the water heater, that should be your expense, although the plumber should have given you a written estimate beforehand. If the bollard was cut through accident or negligence, then he should replace it. I think that these pipes are only about $65.00. I doubt that this is worth your time fighting over. Offer to buy the material if he will install it without further charge.
Q: I live in California and the defendant lives in New Jersey, the defendant owes me money ($500) since October 2015, in
N. Munro Merrick's answer
Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.
You stated as fact an opinion that is not. You may file a claim any where in the U.S. by mail in any court with the proper jurisdiction. I have experienced N.J. court personnel dealing with an...
Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.
You stated as fact an opinion that is not. You may file a claim any where in the U.S. by mail in any court with the proper jurisdiction. I have experienced N.J. court personnel dealing with an...
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