Small Claims Questions & Answers

Q: I borrowed my friends sisters car. While i loaned it I had got into accident she did not have insurance and wants to sue

1 Answer | Asked in Car Accidents and Small Claims for Wisconsin on
Answered on Jan 23, 2018

She is suing or can sue for damage to her vehicle. I don't know whether her alleged lying about insurance led you to take the vehicle such that you relied upon representations it was an insured vehicle. That notwithstanding, I don't see the relationship between her lying about insurance coverage and the damage you appear to be responsible for. As relates to the difference between what the shop told you was the cost of fixing the car and what she is suing or going to sue you for, please remember...
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Q: I am a landlord and i have a roomate do they have the right to go thru my personal property while im not home

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Answered on Jan 23, 2018

No, they cannot. Warn them and next time ask them to move out of property.
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Q: Can i press charges on a 7yr old credit card fraud?

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Answered on Jan 22, 2018

More information is needed.
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Q: making payments on a car, rent to own. missed two payments, can I get my money back if they take car from me?

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Answered on Jan 22, 2018

No. Your car payment is similar to a mortgage payment. Each payment is applied to the balance of your loan. If you miss a payment, you are in default and generally speaking, they now have the right to repossess. The law does not provide for reimbursement of any payments you made.
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Q: I am wondering if I have a case that I can take to small claims court (and win).

1 Answer | Asked in Contracts and Small Claims for New York on
Answered on Jan 22, 2018

If there is no written contract you will argue that there is an oral one. As the venue will dispute your version, it is 50/50 on winning.
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Q: I rented from a guy at work he was looking to sell but offered to rent me the house for $1200 a month with no depoisit

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Ohio on
Answered on Jan 22, 2018

If the lease is valid for 12 months, then try to work out an early termination with landlord. If you move out, landlord can sue you, and the court would then determine if the lease is valid, and if so, order you to pay the 9 months. Use the Find a Lawyer tab to retain a local real estate attorney to review the lease and advise you.
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Q: what is my legal stance on getting my final check from past employer who refuses to pay.

1 Answer | Asked in Small Claims and Employment Law for Colorado on
Answered on Jan 21, 2018

In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can recover attorney's fees on unpaid wage claims.
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Q: I bought a jetski and the trailer for it 2 years ago from my old landlord. He gave the title to my ex boyfriend. Well

1 Answer | Asked in Small Claims and Landlord - Tenant for Michigan on
Answered on Jan 21, 2018

If the landlord won't provide the title, you have to file an equitable action in your local court to compel delivery. However, prior to that, I suggest you hire a lawyer to send a demand letter to the landlord. That should do the trick - and cost you a lot less money.
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Q: I was served a summons/complaint. It was NOT filed with the court. I answered and challenged the debt. What happens now?

1 Answer | Asked in Consumer Law and Small Claims for North Dakota on
Answered on Jan 20, 2018

Call an attorney who deals with this type of case. They do not have to file immediately.
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Q: Can my ex-girlfriend sue me for not giving her money for the gym membership she offered to pay for?

1 Answer | Asked in Personal Injury, Contracts and Small Claims for Florida on
Answered on Jan 20, 2018

Anybody can sue anybody for anything. But can she prevail? Probably not. a gift is normally not the basis of an enforceable contract.
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Q: How am I able to retrieve my refund from the aftermarket warranty I cancelled on a used vehicle I purchased in 2016?

1 Answer | Asked in Consumer Law, Small Claims and Contracts for California on
Answered on Jan 19, 2018

If the terms of the warranty are that disputes are to be resolved through arbitration, then that is where your claim must be pursued.
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Q: How do I get my belongings from an ex girlfriend I lived with?

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Answered on Jan 18, 2018

You might try finding a Justice of the Peace precinct map for your county and figuring out which precinct she lives in. Then visit the JP court and ask them for instructions on filing a small-claims case. Sometimes the court staff can even provide printed instructions.
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Q: Can you tell me if i have a civil lawsuit action or a criminal case?

1 Answer | Asked in Small Claims for Florida on
Answered on Jan 18, 2018

it appears to be the basis of a civil suit.
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Q: Can a small business from Florida take a business in California to small claims court for a breach of contract?

1 Answer | Asked in Contracts and Small Claims for Florida on
Answered on Jan 17, 2018

Short answer, is yes a Florida business can sue a California business in Florida Small claims court. However, the issue is complex on whether the California company can be legally sued here in Florida. It gets into a detail legal analysis. I suggest that you would be better off to hire an attorney to handle this case as if you miss a step the California company will get the case thrown out of court.

Good Luck,
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Q: Does a text msg stating all we have to do to get out of our soccer agreement take the place of the original agreement?

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Answered on Jan 17, 2018

No way to say for sure here online. You need to consult with a lawyer in your area and have the lawyer contact the soccer club and basically require them to prove the contract terms that allows them to charge you the release fee.

Good luck,
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Q: I am a cancer survivor. My Radiation provider is requesting my bank account & valuables info via subpoena. Legal?

1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for New Jersey on
Answered on Jan 16, 2018

It is not lawful. Consult a consumer law attorney.
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Q: In a 10 day demand letter to get my vehicle back, do I have to list the option for defendant to pay full market value

1 Answer | Asked in Contracts, Small Claims, Criminal Law and Collections for Texas on
Answered on Jan 16, 2018

It sounds like law enforcement's position is that since, back in October, your friend had your EFFECTIVE CONSENT to possess the property (truck) then it doesn't become theft when you later withdraw your consent. By mentioning the demand letter, it seems like they are saying that this is a matter of civil law rather than criminal law.

One indication that the officers don't want to be involved is that they didn't arrest her for Unauthorized Use of a Vehicle. Who could blame them if...
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Q: Okay so I’m getting “sued” for not paying somebody the payments we agreed on for his car , but there’s nothing in

1 Answer | Asked in Civil Rights and Small Claims for California on
Answered on Jan 16, 2018

Even if there is nothing in writing between the seller of the car and you, you still have entered into an implied contract to purchase the car and make the payments which you promised. Even if the service of the complaint was defective, you will still need to file a responsive pleading within the time specified in the summons. It is unlikely that you will get the complaint dismissed because of the defective service. Even if you are able to quash the service of the summons and complaint, the...
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Q: I was selling a dress and the woman took the money back and I was charged with the fee.

1 Answer | Asked in Business Law and Small Claims for New Jersey on
Answered on Jan 15, 2018

Your options are limited you did not deliver the product, also your question does not make sense as you stated the product was $115 but she sent you $860.
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Q: Claimed her dogs were well trained, they weren't and destroyed my belongings. What can I do?

1 Answer | Asked in Animal / Dog Law, Civil Rights and Small Claims for California on
Answered on Jan 13, 2018

File suit in Small Claims and prove your case - i.e., which dogs did it, and the value to repair or replace the damaged property.

PS It's hard to believe that the dogs did all of that damage while you ran an errand. It's also unlikely that the hard drive to the computer is damaged and that your photos and texts are destroyed. You also have a responsibility to take reasonable cautions - like placing your shoes, purses, etc. someplace safe.
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