Small Claims Questions & Answers

Q: Relative wants money back that has already been spent?

1 Answer | Asked in Family Law and Small Claims for California on
Answered on May 27, 2017

Box up everything you bought and have it delivered to her. Include the receipts if you have them. Just fulfill what you promised to do and stop coming up with excuses.
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Q: Can I be liable for future payments on a car

1 Answer | Asked in Consumer Law, Family Law, Libel & Slander and Small Claims for California on
Answered on May 27, 2017

If everything you say is true and correct, then the answer is that you are not and were never responsible to make payments on that car.
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Q: I purchased a house and it was not disclosed that I was supplying power to a neighbor. I would like to be reimbursed.

3 Answers | Asked in Consumer Law, Small Claims and Real Estate Law for California on
Answered on May 25, 2017

You have potential grounds for lawsuits against the seller and your neighbor. While the amount may be within the limit for small claims court, there are reasons for and against filing there for this case. For example, there is no right to "discovery" in small claims, and you do not know all the facts you need for trial. Also, there may be potential punitive damages available for fraud. On the other hand, small claims is inexpensive if you will be representing yourself, and you may be able...
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Q: My apartment complex did not give me any notices regarding eviction and threatened to proceed with the eviction process

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for California on
Answered on May 24, 2017

If the landlord didn't follow proper eviction notification procedures, you may use that as a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: My mother accidentally parked in a reserved spot for about an hour and then discovered her car had been vandalized.

1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for Oregon on
Answered on May 24, 2017

You need to establish who was at fault by a preponderance of the evidence. That means more likely than not. You also have to prove the decreased value of the vehicle, which usually is the cost to repair the vehicle. If you don't have a witness and there is no videotape of the incident, and there is no other circumstantial evidence providing who the perpetrator was, your mother doesn't have a case. Depending on the amount of damages, you may want to submit a clam to her automobile insurer.
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Q: How long do I have for gross negligence lawsuit?

1 Answer | Asked in Employment Law and Small Claims for California on
Answered on May 23, 2017

Insufficient information. If you were the victim of someone's negligence and were injured, you have two years from the date of the injury to file your lawsuit.
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Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity and therefore cannot be determined to have been negligent.

What should you do?: Two things, 1) If you're injured you should seek medical treatment and then contact a personal injury attorney about pursuing a...
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Q: I just found out that my brother went and dug up my mother's ashes. What is my rights to pressing charges on him..

1 Answer | Asked in Estate Planning and Small Claims for Tennessee on
Answered on May 21, 2017

The power of attorney is meaningless now, it was only applicable during her lifetime. If you were the executor, you had the duty of following her will ( if any) and making funeral arrangements. However, I don't think you need any special relationship or authority to prosecute. Call your local district attorney or sheriff and report the desecration of a grave.
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Q: This is a question regarding civil theft in florida

1 Answer | Asked in Small Claims for Florida on
Answered on May 21, 2017

No. It's a disagreement over who is entitled to money in a joint bank account. He can file a small claims action, and possibly prevail.
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Q: Apartment tenant wants to call cops and sue me for smoking outside the apartment.

1 Answer | Asked in Real Estate Law, Civil Rights, Small Claims and Landlord - Tenant for New Jersey on
Answered on May 20, 2017

Probably can't sue you and win much money, but call cops yes, and some towns have ordinances in which you cannot smoke within 50 or 100 feet of any building.
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Q: My wife and I bought a house a few months ago, and the owner left some things there. How long before I can claim it?

2 Answers | Asked in Real Estate Law and Small Claims for Florida on
Answered on May 20, 2017

Typically items left at a property when the land goes to closing are deemed to merge into the deed.

ie: they are abandoned.
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Q: I have been fighting foreclosure for 3 + years. I recently was defrauded by a friend with my deed! Help.

2 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for Florida on
Answered on May 18, 2017

If you need legal help, you need to contact an attorney in your area and set up a consultation to seek help with your situation.
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Q: is there a way to sue or put pressure on a car repair shop?

1 Answer | Asked in Small Claims and Consumer Law for California on
Answered on May 18, 2017

If they are violating the agreement they made with you, you could sue in small claims. Talk to an attorney to find out the type of relief to ask for. Before suing, you need to make a written demand. You can also make a complaint with the bureau of automotive affairs. See https://www.bar.ca.gov/Consumer/index.html?2
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Q: If someone is allegedly being accused of taking someone's property and gets in a car with other people who is unaware

2 Answers | Asked in Juvenile Law, Small Claims and Criminal Law for Ohio on
Answered on May 18, 2017

Yes, they possibly could face some criminal charges depending on all the circumstances, and if it went to court, it would depend on whether the judge or jury believed they had no knowledge of the theft. Use the Find a Lawyer tab to contact a local attorney who handles criminal cases if charges are filed.
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Q: Insurance company has been charging me for years for a car that was deemed a total loss by them.

1 Answer | Asked in Civil Litigation, Small Claims and Consumer Law for Virginia on
Answered on May 18, 2017

You will certainly get their attention when you file a lawsuit against them.
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Q: can i sue for sentimental value in the state of new york in small claims court?

2 Answers | Asked in Small Claims for New York on
Answered on May 17, 2017

You may sue, but you will likely lose, unless you can prove that the sentimental value was known by the other side and she sold the handkerchief with the intent to cause undue harm. Otherwise, monetary damages will not attach to a sentimental value.

#LegalQ&A

#NathansonLaw
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Q: Company that sued in small claims court sold my account. Who do I owe?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Massachusetts on
Answered on May 16, 2017

The entity that purchased the right to the money would be owed the money from you, but they'd have to provide you written proof of that right. Otherwise you won't know whether they're trying to scam you or not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
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Q: My mother passed away and her same sex domestic partner is avoiding me. She has presented no will. What can I do?

2 Answers | Asked in Family Law, Probate and Small Claims for California on
Answered on May 16, 2017

This is a question to post in the Trusts and Estates/Probate Section. While it involves some Crossover Family Law issues, the other forum members will be better equipped to answer you question. This may be time sensitive and you should seek counsel forthwith.
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Q: My boyfriend paid my vehicle over mileage which was $3,000 now that we broke up he wants the money back.

2 Answers | Asked in Small Claims for New York on
Answered on May 16, 2017

Unless you had an agreement that would support his position, it is likely this would be considered a "gift" rather than a loan. That being said, anything can happen in court, even small claims court, and you may want to consider reimbursing him for something as part of a settlement.
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Q: Can an on the job injured employee(possible fraud) tell other co-workers details about their injury?

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for California on
Answered on May 12, 2017

I see no problem with that unless there's a contractual agreement precluding that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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