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Small Claims Questions & Answers
1 Answer | Asked in Small Claims for California on
Q: I have a summons from a attorney for a debt collector.The summons is over 90 days when filed.Also Application for licens

License pursuant to Financal code 100000 is pending, do I need to pursue this, being on SSI and 62 yrs,also the amount is for2,648.00 dollars from a best buy credit card

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It means you have a lawsuit you'll need to defend against. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Personal Injury, Antitrust and Small Claims for West Virginia on
Q: I need someone to help me with pursuing a mental anguish case that I can prove was 100% malice intent and also mental an
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A West Virginia attorney could advise best but your question remains open for four weeks. If you're seeking an attorney, it's going to be difficult for law firms here to reach out to you. This forum is more Q & A format than an attorney referral service. There's a tab above you... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Tennessee on
Q: I tripped over, and cut my toe open at a college campus.

I was delivering an order to my local college campus in TN and while trying to find the apartment number, in the middle of the walkway, I tripped. It looked like maybe 2 poles used to block vehicles from entering that specific path, but they were cut down to maybe 4 inches high. They were rusty,... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 23, 2022

I would suggest you take pictures of your injury as well as the location. If you are needing medical treatment - I would report this to the school and its insurer. They may provide / pay for your medical care. If you are considering a legal route-- you should contact an attorney.

1 Answer | Asked in Medical Malpractice and Small Claims for California on
Q: Expert report uncovered over-treatment in my ongoing dental malpractice claim. Can I file a new claim for those?

Alternatively, can I file a separate small claims for reimbursement (under 15K) while civil case is ongoing?

James L. Arrasmith
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answered on Sep 23, 2022

Small claims is capped at $10,000. You may be able to amend your original pleading to add the new claims. Filing a separate claim in small claims court may not work; the opposing party may make a motion to combine, i.e. "Join," the claims together to promote judicial economy.

1 Answer | Asked in Small Claims for California on
Q: I have a 30 day exit clause with a client. They cancelled our agreement on the 9th. Do they owe me for the next month?
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

It's unclear what type of agreement this is, however the terms of the contract will generally govern. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: neighbor is blaming us for breaking there fence and we have no idea what happen when the house has been empty

THEY ARE WANTING US OT PAY 1440.00 TO FIX THERE FENCE THEY ARE JUST ASSUMING THAT WE BROKE IT, ARE WE REQUIRED TO FIX IT

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2022

You would only be required to pay if they sue you, present valid evidence and testimony in court that proves you caused the damage, and get a judgment against you in small claims court. But even if they don't sue, neighbor disputes are difficult to resolve, and can escalate, sometimes... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Do I file a motion to dismiss or strike or just ask to disregard uploaded e filed dockets? Self representation

I have a small claims pretrial hearing, and there have been dockets that were electronically uploaded through the e file service my county provides, and it duplicated ATTACHMENTS/EXHIBITS to PLEADING. also, two dockets failed to upload all the pages of the ATTACHMENTS/EXHIBITS to PLEADING. I am the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2022

I suggest you bring this up at the pretrial hearing. It is extremely doubtful that redundancy or judicial confusion will be a problem. If some of the attachments are missing, ask that the defendant be ordered to supplement them.

1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: I was stuck in an elevator at a Marriott hotel for almost a hour with 4 other people that I didn’t know. Should I sue?

It was during DragonCon and I had only been there for 10 minutes. I was going up to the room and the elevator went down and stop real hard. One guy in the elevator said this was the second time it happened he was on it the first time. We were stuck in between floors. It was extremely hot in there... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You may have a claim for negligent infliction of emotional distress. Some states have the impact rule which requires that there be a physical injury in order to recover for emotional distress. You should retain counsel to investigate if you have a viable claim.

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »

3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2022

Physical address. Tell your process server all 3 addresses. Their job is to get it served.

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3 Answers | Asked in Civil Litigation and Small Claims for Florida on
Q: If suing a LLC business, and the principal address and mailing address are different, which address should be served?

The business I am suing is an LLC and is also franchised. This will be a small claims case in the state of Florida. For the business I am suing, there is a principal address listed, a mailing address listed and also a registered agent name and address listed. Which of these addresses should receive... Read more »

Mark R. Osherow
Mark R. Osherow
answered on Sep 20, 2022

Florida Statutes 48.062, Service on a limited liability company. states:

(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process...
Read more »

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1 Answer | Asked in Products Liability, Personal Injury and Small Claims for Arizona on
Q: Broken tooth had to be removed on Product from a Grocery store

I purchased a grocery store pitted olive salad that they process in the store and source the Olives from another company. They investigated it and said that in the ingredients small print on packaging it says may have small pieces of pit or pits. They said they would give be my initial dental... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2022

An Arizona attorney could advise best, but your question remains open for three weeks. Unless you're being presented with the opportunity of going to arbitration, one option is looking into whether the matter falls within the limits of Arizona small claims court. Another option is reaching out... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Missouri on
Q: Vehicle has been left at my house over a year, it can I charge storage fee? Loan is over 10 years old, get lein release?

The vehicle has been left at my house over a year, I'm asking bout storage fees, but there is lein for default on the loan. The loan is over 10 years old. What options do I have as far as getting lein released to register the car or atleast get storage fees. But I don't want the debt or... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 16, 2022

If there is a lien on the vehicle, you should first contact the lien holder and see if they would be interested in releasing the lien based on the age and abandonment of the vehicle. If they are unwilling to do so, your best bet is to tell them to come pick up their vehicle. I am unaware of a way... Read more »

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Can I sue someone for "snooping" around my house? Nothing was stolen, just looking threw my stuff.

I have a restoration company I gave permission to come into my home and do repairs. They sent out a guy who was snooping threw my cabinets and looking threw my house.

James L. Arrasmith
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answered on Sep 12, 2022

Yes, you can sue for trespassing.

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

1 Answer | Asked in Consumer Law and Small Claims for Illinois on
Q: Hired a mechanic to work on my car after leaving I noticed my car wasn’t working well got it checked out and it’s broken

The mechanic had to move everything out in order to fix my transmission but I believe while doing that he messed something up because after that my cars Turbo started to fail (never had a problem with it) now I have a broken car and 3.6k down the hole. I called him and told him this and he took the... Read more »

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

Well, it appears that the mechanic did not do his job correctly. If the mechanic cannot fix the problem or reimburse you for your expenses, I would suggest litigating this matter in Small Claims Court. If the mechanic is unresponsive, you can let him know that you plan to file a case in Small... Read more »

1 Answer | Asked in Collections, Municipal Law and Small Claims for Ohio on
Q: Flying a drone, gets stuck on top of commercial building, property manager has to pay get it down, do I have to repay?

I got the drone back, said he may have to charge me because his crew may charge him, I may not be properly licensed but was not near any controlled air space.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney, nationwide such a situation would usually be on the drone operator. If the crew is regularly up there to check equipment or perform maintenance, they could... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
Read more »

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1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: How much can NYC renters be charged for three days in an apartment?

On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck

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