Small Claims Questions & Answers

Q: I was recently given an auto loan for more than what was discussed and agreed.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Answered on Feb 16, 2019
Michael David Siegel's answer
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
You should initiate a breach of contract suit in Small Claims Court.

Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....

Q: hello i have lost an $2200 camera that i rented whats going to happen to me ?

2 Answers | Asked in Contracts, Criminal Law, Products Liability and Small Claims for Rhode Island on
Answered on Feb 13, 2019
Thomas Briody's answer
If you truly lost the item, then you have most likely not committed a crime. However, you are responsible for the loss, and you will have to reimburse the person who loaned you the camera. That means you are most likely going to have to pay the value of the camera back.

Q: How do I start to end credit card fraud and I think I know who did it to me?

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.

Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

1 Answer | Asked in DUI / DWI and Small Claims for California on
Answered on Feb 10, 2019
Dale S. Gribow's answer
more info needed but anyone can sue for anything at any time.

the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.

my suggestion is save your money..

Q: What should I do if someone is refusing to pay for artwork I did for them and also allowed someone else to edit it?

3 Answers | Asked in Copyright and Small Claims for New Jersey on
Answered on Feb 8, 2019
Jason Brooks' answer
Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I handle these types of matters regularly. Shoot me an email if you'd like assistance: Jason@altviewlawgroup.com

Q: I am the defendant in a case where the original judge took a matter under submission.

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

Q: An apartment I am renting was flooded by an upstairs neighbor. Whose responsibility are repairs after my lease ends?

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Answered on Feb 5, 2019
F. Paul Maloof's answer
The people who live upstairs are the negligent parties and are solely liable to the landlord for the damages whether before or after the end of your lease.

Renter's insurance may or may not have coverage for water damage caused by the upstairs neighbor. You should call the insurance company and ask.

Q: I temporarily loaned my van to an associate, with the agreed stipulation that NO one else was to drive it.

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
It is not criminal theft but the other party may be responsible for the damages depending upon the terms of your agreement.

Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Answered on Feb 2, 2019
Gary Kollin's answer
While not the best, the machine can be used with only the tube and not the mouthpiece.

Q: Can I be reimbursed for a Warranty Deed if the seller defaults?

1 Answer | Asked in Small Claims and Real Estate Law for Colorado on
Answered on Jan 31, 2019
Donald C Eby's answer
You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.

Q: Intervention into a theft and fraud claim.

1 Answer | Asked in Personal Injury and Small Claims for Texas on
Answered on Jan 30, 2019
Daniel John Christensen's answer
The situation you describe seems pretty complicated. I would need to know a lot more before I could advise you appropriately on what your best course of action is. But, I can tell you that if you have a legitimate claim to money that is being held in reference to another lawsuit, you can typically intervene into that lawsuit to make your claim. My advice would be for you to contact a board-certified consumer lawyer at your earliest convenience. I am a board-certified lawyer, but in injury...

Q: As a small claims plaintiff in Florida, am I allowed to question my own witness or does the judge ask all the questions?

1 Answer | Asked in Small Claims for Florida on
Answered on Jan 30, 2019
Terrence H Thorgaard's answer
At trial? Yes, you will be expected to question your witness, as well as cross-examine any witnesses the defendant calls.

Q: I unknowingly purchased a vehicle that was in a flood. Can I legally do anything about it?

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Kentucky on
Answered on Jan 29, 2019
Timothy Denison's answer
You need to hire s lawyer and sue him for fraud. That’s a double scam.

Q: I brought a car last night and now I realize that the odometer have been tempted with. What should I do I live in md

1 Answer | Asked in Small Claims for District of Columbia on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Did you buy the car in DC or from an owner or dealer in DC? If you bought it in MD, you may need to consult with a MD lawyer for help re: fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...

Q: I have only a verbal agreement with my landlord whom I rent 2 bedroom from for the last 4 years we have have made

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: Truck pulling from stop sign throws up a rock and chips the window of car behind. is first car liable for $$?

1 Answer | Asked in Personal Injury and Small Claims for Colorado on
Answered on Jan 23, 2019
Peter Munsing's answer
I'm with the car owner, but they have to show you were careless in how you pulled away or didn't have mudflaps etc.

Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Answered on Jan 23, 2019
Tammy Lyn Wincott's answer
In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.

Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

1 Answer | Asked in Real Estate Law and Small Claims for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

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