Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Small Claims Questions & Answers
2 Answers | Asked in Consumer Law, Small Claims and Insurance Bad Faith for Texas on
Q: Problems due to canceled car loan from a dealership now closed.

I did not take delivery of a car from Koncept Motors due to significant engine and other issues. I requested the cancellation of the loan within one day, and I received paperwork confirming the loan was canceled. The dealership has since closed due to lawsuits and fraudulent activities. Two years... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Gather up all of your evidence including all of your communications with the dealership and with the bank as well as every communication denying you credit, and take it to an experienced attorney who practices in the area consumer law in or near the county where the dealership is located.

View More Answers

2 Answers | Asked in Small Claims, Consumer Law and Contracts for California on
Q: Options for defending against "as is" vehicle sale dispute in CA small claims court.

We sold a 2006 Toyota Corolla "as is" to a customer in California, and they signed and acknowledged that the vehicle was sold without warranties. The alternator failed 25 days after the sale, and the customer is now planning to sue us in small claims court, alleging that we should have... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 8, 2025

IF the sale of a vehicle in CA is from a consumer, even without an AS IS designation, the presumption is that no warranties are given, short of warranty of title. You've stated you sold it marked AS IS. Short of knowingly misleading the buyer, the equities lie in favor (here) of the seller.... View More

View More Answers

3 Answers | Asked in Juvenile Law, Landlord - Tenant, Small Claims, Insurance Defense and Real Estate Law for Illinois on
Q: Car registered under father's name; can I take it if I paid for it?

I'm 17 years old and planning to leave my parents' house soon. I bought a used car with my money, but it's registered under my dad's name. My brother witnessed me paying for it, and I'm listed as a driver on my dad's insurance policy, although he refuses to transfer... View More

Cheryl Powell
Cheryl Powell
answered on May 1, 2025

You cannot have the title in your name alone unless you are 18. You were a minor when the car was purchased. It does not matter who paid for it. If your dad's name is on the title, he will want the car to be insured. You cannot take the car without your father's permission.

View More Answers

3 Answers | Asked in Bankruptcy and Small Claims for North Carolina on
Q: Can I take someone to small claims court if they've filed for bankruptcy in NC?

I'm considering taking someone to small claims court for damages related to carpentry work that was done incorrectly. The individual has filed for bankruptcy, which is still ongoing. I have tried to resolve the matter outside of court but have not interacted with the bankruptcy trustee. Can I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 9, 2025

Absolutely not. That would be a violation of the automatic stay. Chances are highly likely that your claim will be subject to the discharge injunction when the bankruptcy is closed, so you cannot sue them after the bankruptcy is over. Do not sue and do not contact the person demanding payment. If... View More

View More Answers

2 Answers | Asked in Civil Litigation and Small Claims for Oregon on
Q: How to inform courts of improper service in Circuit Court tort matter in Oregon?

I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More

TeAnna Rice
TeAnna Rice
answered on Apr 18, 2025

It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.

If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are...
View More

View More Answers

2 Answers | Asked in Consumer Law, Small Claims, Products Liability and Personal Injury for North Carolina on
Q: Seeking legal advice for faulty car repairs and compensation from dealership in NC.

I have a legal issue with Ilderton Dodge in High Point, NC, where faulty parts were installed in my Dodge Journey, leading to a blown head gasket. The installation occurred in June 2024, with several subsequent visits failing to resolve the problem. By January 2025, after a second opinion and... View More

Nicholas Arthur Matlach
PREMIUM
Nicholas Arthur Matlach pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

For the issues you are facing with Ilderton Dodge in High Point, NC, it would be prudent to consult a consumer protection attorney or a lawyer specializing in automotive law. These legal professionals are well-versed in handling cases involving faulty product installations, warranty disputes, and... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Florida on
Q: How to respond to unlawful detainer in FL without prior notice?

In Florida, I've been served an unlawful detainer without receiving prior notice. My landlord removed my belongings, locked them up, and the deputy sheriff intervened, stating eviction would need a proper process. I’ve documented rent payments and have evidence of belongings’ damage. I’m... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2025

Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help... View More

View More Answers

2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for Missouri on
Q: Do I have a case against a dealership in Missouri for costly repairs after initial work on my Mercedes?

I took my Mercedes back to the dealership where I purchased it after discovering a coolant leak. The dealership performed a diagnostic on 1/27/25 and recommended repairs costing $1,119.19 that were not covered by the warranty. After picking up the car on 2/3/25, I noticed a check engine light,... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 26, 2025

You "have a case" if you file one. Whether you'll win will depend on a variety of factors.

In general, in Missouri, “in every contract to perform work there is an implied agreement that the work will be done in a skillful and workmanlike manner.” Baerveldt &...
View More

View More Answers

1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More

2 Answers | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

View More Answers

1 Answer | Asked in Small Claims for Florida on
Q: How to cancel a Florida small claims case as the defendant is deceased?

I self-filed a small claims case in Florida, and the Sheriff's office tried to serve the Summons. However, they reported that the defendant has passed away and the property was sold to a new resident. The case is in its initial stages with a Pretrial Conference/Mediation scheduled for 4/9/25.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 10, 2025

Normally if you fail to attend the pretrial conference, the case will be dismissed.

It is unclear who sold the property. Did the defendant sell before dying or did the defendant's estate sell it? A lis pendens should have been filed when you filed the claim. This would have...
View More

1 Answer | Asked in Civil Litigation, Contracts, Personal Injury and Small Claims for Texas on
Q: How can I sue a mechanic for engine damage in Texas?

I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More

1 Answer | Asked in Animal / Dog Law, Small Claims and Consumer Law for Maryland on
Q: Do I need a public defender for a vet bill dispute in small claims?

A veterinarian's office ran a test on my pet without my knowledge or approval and did not inform me until I called to make an appointment months later. They claimed I owe $80 for the test, despite not discussing or approving it, and they cannot find any record of my approval. I refused to pay,... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

The Public Defender's Office only represents person charged with a criminal offense who cannot fford a lawyer to defend the charges. You are being sued in civil court for an unpaid debt or for breach of contract. Persons appearing in civil court cases are not entitled to receive free legal... View More

1 Answer | Asked in Contracts and Small Claims for Florida on
Q: Is trading merchandise without approval a breach of contract?

I have a contract through DocuSign with someone I invested $7,000 with in December 2023 for a consignment agreement that included a 50/50 profit split. Instead of selling the merchandise, this person traded it without my approval, potentially breaching the contract. I have repeatedly contacted him... View More

Erik A. Perez
Erik A. Perez
answered on Mar 7, 2025

Potentially yes to both. It depends on the terms of the contract. If there is a specific action he was supposed to take or not take under the terms of the contract it could be a material breach and he may be liable for the damages you have suffered as a result of the action. Small claims includes... View More

2 Answers | Asked in Small Claims, Personal Injury and Real Estate Law for Florida on
Q: Where to file for damages from hotel incident: MS resident, incident in FL?

I'm a Mississippi resident who experienced an incident at a Hilton hotel in Miami, FL. The sprinkler system in our room unexpectedly activated, releasing murky black water that damaged over $15,000 worth of belongings, including clothes, electronics, and personal items. We captured footage and... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2025

The location for a lawsuit would be Miami, but best to start with a presuit claim to the hotel's insurer. You may or may not need a lawyer to handle that. Request the insurance co. contact info. If a presuit claim cannot be settled, you would likely need a lawyer because if you sue for any... View More

View More Answers

1 Answer | Asked in Small Claims for Texas on
Q: Can a judge in TX require a demand letter before hearing a small claims case?

I would like to bring a lawsuit in Brazoria County, TX. When I went to the courthouse to obtain the filing paperwork, I was provided with a document titled "Steps for Filing in Small Claims Court." The first step in this in-house document states: "The judge requires you, the... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

A JP cannot enforce the requirement that you send a demand letter in "every" case; however, many types of cases routinely handled in JP court require pre-suit notice to the other party as a condition of obtaining relief. It may well be that, rather than parsing out which cases require... View More

2 Answers | Asked in Construction Law, Small Claims and Contracts for California on
Q: How to serve unreachable contractor in small claims court?

I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default... View More

View More Answers

1 Answer | Asked in Landlord - Tenant and Small Claims for Texas on
Q: I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex

I have small claim for Recovery Personal PROPERTY take illegally and in very bad faith by the apartment complex where I live. The mediation already took place on February 10, 2025 without reaching an agreement. The defendant only has an unsupported argument and I have evidence of harassment to... View More

John Michael Frick
John Michael Frick
answered on Feb 13, 2025

Because this is a small claim, your best recourse is to pursue recovery in one of our JP courts. JP courts have jurisdiction over very small cases where the amount is $20,000 or less. The advantage of JP courts is that you do not need a lawyer and can state your claim in common everyday language.... View More

3 Answers | Asked in Contracts, Civil Litigation, Entertainment / Sports and Small Claims for California on
Q: I just need an attorney to respond for me and review a case in which I was never served. How much should this cost?

It’s frustrating looking for a civil attorney in Riverside County everyone I called wants $25-$50,000 just to respond to a letter is this common? I only discovered that I was served because of my credit search that was the only way I found out.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 11, 2025

Your problem is not limited to a letter: even if the other side agrees to vacate the Judgment, you will still have to deal with the underlying lawsuit. The lawyers don't want $25-$50K to respond to a letter, except in the sense that "respond" involves representing you in a civil... View More

View More Answers

1 Answer | Asked in Small Claims for Florida on
Q: I was chased by loose dogs fell and tore my acl and some other damage on 1/25. Can I seek legal action still?

I will have to have surgery to regain the full function of my left leg. At the moment im in therapy to prepare for surgery.

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 11, 2025

If the cause of your injuries was due to the dog owner not restraining his dogs thereby resulting in a foreseeable injury, the dog owner will be strictly liable. You should retain counsel here in the state of Florida on contingency fee which means you don’t pay anything unless you win the case.... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.