Small Claims Questions & Answers by State
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Small Claims Questions & Answers
Q: Can I put a lien on someone’s home that I got kick out of if I bought and fixed their house to be wheelchair accessible
Gregory L Abbott's answer
It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your services or even if you may be fined or otherwise penalized by the CCB.
It depends - what was the agreement at or before you rendered services? Was the work to be in lieu of paying rent? Was there an hourly wage agreed to or fixed price for the job? Are you licensed by the CCB? All these things may radically affect whether you are able to collect anything for your services or even if you may be fined or otherwise penalized by the CCB.
Q: A contractor has failed to finish our kitchen remodel started in Feb. 2018 despite frequent communications & promises.
Matthew Williams' answer
Small claims court, municipal general civil division, or common pleas court in civil cases depends upon the amount of $ involved and the types of relief available.
Small claims court, municipal general civil division, or common pleas court in civil cases depends upon the amount of $ involved and the types of relief available.
Q: Can my ex-wife of 4 yrs who lives in AL, file theft charges on me for guns I acquired during our marriage? I live in TX.
Grant St Julian III's answer
Why do you believe you cannot possess guns? Are you a convicted felon? If so, federal law prohibits you from ever possessing a firearm, no matter how they were acquired or who reports the matter to the police.
Why do you believe you cannot possess guns? Are you a convicted felon? If so, federal law prohibits you from ever possessing a firearm, no matter how they were acquired or who reports the matter to the police.
Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.
Joseph Jaap's answer
Sue both in small claims court. Check the court web site for the forms to file.
Sue both in small claims court. Check the court web site for the forms to file.
Q: In the state of Georgia is a bill of sale that is signed by both. Is it any good if they never paid you money for it
Regina Irene Edwards' answer
This isn't a divorce question. A bill of sale may be proof of payment, but proof of ownership is done by the title. You should go to the precinct and discuss with the cop's supervisor. If you still have the title and you didn't sign over to her, it's arguable that the truck is yours and should be returned and the cop should not have made you give her the truck.
This isn't a divorce question. A bill of sale may be proof of payment, but proof of ownership is done by the title. You should go to the precinct and discuss with the cop's supervisor. If you still have the title and you didn't sign over to her, it's arguable that the truck is yours and should be returned and the cop should not have made you give her the truck.
Q: How do you present a broken contract between 2 parties to a judge?
Thomas A. Grossman's answer
I assume from your facts that you paid for services and that the services were not performed. Under those circumstances you should probably take the breaching party to small claims court and sue for breach of contract (it's that simple). You can request money damages or return of what you paid the other side. The other party will have a chance to present his case, but if you are in the right you should win. Unfortunately, in California, if you bring a small claims action and you lose, the...
I assume from your facts that you paid for services and that the services were not performed. Under those circumstances you should probably take the breaching party to small claims court and sue for breach of contract (it's that simple). You can request money damages or return of what you paid the other side. The other party will have a chance to present his case, but if you are in the right you should win. Unfortunately, in California, if you bring a small claims action and you lose, the...
Q: i live in nj and bought a puppy from someone in north carolina who advertised her as akc registered, she is not.
1 Answer
| Asked
in
Small Claims, Contracts and Animal / Dog Law
for
New Jersey
on
Answered on Aug 2, 2018
Answered on Aug 2, 2018
Leonard R. Boyer's answer
This is not the type of transaction that you should engage in long distance. If she does chose to sue you, it would be in NC. A signed contract is not essential to this matter. Threatening to sue someone is easy, actually doing it successfully is not.
This is not the type of transaction that you should engage in long distance. If she does chose to sue you, it would be in NC. A signed contract is not essential to this matter. Threatening to sue someone is easy, actually doing it successfully is not.
Q: What can I do in a small claims appeal after my wedding coordinator broke our contract?
Thomas A. Grossman's answer
Your facts are a little confusing. If your weeding coordinator sued you in small claims court and won, you can appeal the decision to a Trial de Novo. If she had lost, that would have ended the matter. You can appeal the decision in the first case. As to a second case, I don't know about that.
Your facts are a little confusing. If your weeding coordinator sued you in small claims court and won, you can appeal the decision to a Trial de Novo. If she had lost, that would have ended the matter. You can appeal the decision in the first case. As to a second case, I don't know about that.
Q: Someone stole my personal property worth atleaar $3000 actually more and tried to get police involved no help
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Small Claims and White Collar Crime
for
Georgia
on
Answered on Aug 1, 2018
Answered on Aug 1, 2018
David Edward Boyle's answer
If somebody stole from you file a police report and/or file a civil lawsuit against the person.
If somebody stole from you file a police report and/or file a civil lawsuit against the person.
Q: I received judgment by default why hasn't the judge charged defendant with contempt of court?
1 Answer
| Asked
in
Consumer Law, Civil Rights, Lemon Law and Small Claims
for
Mississippi
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Q: I plan on constructively evicting myself from my apartment, what is considered uninhabitable in order for me to do this?
1 Answer
| Asked
in
Real Estate Law, Landlord - Tenant and Small Claims
for
Indiana
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Alexander Florian Steciuch's answer
First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of habitability.
Second, there is no hard or fast rule as to what constitutes constructive eviction. It will always be dependent on the specific facts of your case. If you live in unsafe conditions and have hurt...
First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of habitability.
Second, there is no hard or fast rule as to what constitutes constructive eviction. It will always be dependent on the specific facts of your case. If you live in unsafe conditions and have hurt...
Q: Its it possible to sue movers for non delivery of items?
1 Answer
| Asked
in
Contracts, Business Law and Small Claims
for
Tennessee
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Mr. James Charles Wright's answer
Yes. But be sure to look at your contract before you do. The contract may limit your recover or damages and may require you to mediate or arbitrate the dispute.
Yes. But be sure to look at your contract before you do. The contract may limit your recover or damages and may require you to mediate or arbitrate the dispute.
Q: Landlord repaired parking to meet ADA after being sued, charged us and increased the rent by 18% without giving a notice
1 Answer
| Asked
in
Consumer Law, Landlord - Tenant and Small Claims
for
California
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Manuel Alzamora Juarez's answer
Unfortunately, all matters in real estate must be in writing. Please have your lawyer look at your lease in order to ascertain your rights under that particular lease. Many landlords pass through all the obligations emanating from the lease property to the tenants. Is it fair? That depends on how badly you wanted the property. Can the landlord increase the rent after having already increased it for the year in question, that should also be addressed in the lease. If it is not in the...
Unfortunately, all matters in real estate must be in writing. Please have your lawyer look at your lease in order to ascertain your rights under that particular lease. Many landlords pass through all the obligations emanating from the lease property to the tenants. Is it fair? That depends on how badly you wanted the property. Can the landlord increase the rent after having already increased it for the year in question, that should also be addressed in the lease. If it is not in the...
Q: A district attorney sent my bank a legal order for my bank records. What should I do?
1 Answer
| Asked
in
Banking, Criminal Law, Legal Malpractice and Small Claims
for
Texas
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Grant St Julian III's answer
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP
If a DA is requesting your bank records, you MAY be facing HUGE issues. Call a local attorney ASAP
Q: How do I obtain a civil subpoena for production of bank account information?
Jeffrey Schatzman's answer
Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should...
Post-Judgment discovery in a small claims case is governed by Florida Small Claims Rule 7.221. Under that Rule, you can serve the defendant with a Fact Information Sheet Form 7.343 (FAS). The FAS requires the defendant to provide financial information including bank account statements and tax returns. If your judgment did not include a provision for the defendant to complete a FAS, you can file a motion for the court to enter an order requiring the defendant to complete a FAS. This should...
Q: Court date is 7/30. Made response to dispossessor proceedings with big errors how can I correct this before Monday?
Timothy Denison's answer
If you have filed bankruptcy, the automatic stay is triggered and stays all proceedings. No need to do anything today, but take a copy of your bankruptcy filing and tell everyone tomorrow at the 7/30 Hearing that you have filed. That should stop the proceedings. You really need an experienced bankruptcy attorney to help you immediately.
If you have filed bankruptcy, the automatic stay is triggered and stays all proceedings. No need to do anything today, but take a copy of your bankruptcy filing and tell everyone tomorrow at the 7/30 Hearing that you have filed. That should stop the proceedings. You really need an experienced bankruptcy attorney to help you immediately.
Q: Im the divorce decree I am to collect an amount for child support and a different amount for childcare.
2 Answers
| Asked
in
Child Support, Consumer Law, Divorce and Small Claims
for
Georgia
on
Answered on Jul 29, 2018
Answered on Jul 29, 2018
Regina Irene Edwards' answer
Yes, if the other side hasn't paid, then you can file for contempt against him in Superior Court.
Yes, if the other side hasn't paid, then you can file for contempt against him in Superior Court.
Q: Due to an identity theft a loan was taken out against my truck the loan was in default and my truck was illegally repos.
1 Answer
| Asked
in
Consumer Law, Contracts, Identity Theft and Small Claims
for
Florida
on
Answered on Jul 27, 2018
Answered on Jul 27, 2018
Q: i was charged with this violation 39:3-4 which is driving or parking unregistered motor vehicle. I never touched it
H. Scott Aalsberg Esq.'s answer
Any car that is on a public road must be registered and insured. You were actually lucky that the cop did not write you a ticket for abandoned motor vehicle because if the vehicle is not able to be moved and has been sitting on the street for a month that would have been also a proper ticket to have been written.
Any car that is on a public road must be registered and insured. You were actually lucky that the cop did not write you a ticket for abandoned motor vehicle because if the vehicle is not able to be moved and has been sitting on the street for a month that would have been also a proper ticket to have been written.
Q: I got my girlfriend a car she promise to pay the carnote but refuse to pay now I told her to return the vehicle and she
Peter Munsing's answer
Whose name is the title in? The Registration in? You have got yourself in an awkward situation --best outcome is that you get to sue her for the payments. You need to notify her that she is responsible for maintaining the car, making the payments, and if she doesn't you may make the payments but will hold her responsible. Send her a bill every month.
Whose name is the title in? The Registration in? You have got yourself in an awkward situation --best outcome is that you get to sue her for the payments. You need to notify her that she is responsible for maintaining the car, making the payments, and if she doesn't you may make the payments but will hold her responsible. Send her a bill every month.
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