Small Claims Questions & Answers

Q: How can I claim my fathers guitars from someone who took them last year

1 Answer | Asked in Family Law and Small Claims for New York on
Answered on Jul 26, 2017

Who took them, and under what right? 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: im 17 and my upstairs neighbor said to me say he was going to have my car towed for blocking the driveway can he do it?

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Answered on Jul 26, 2017

What does your lease say about parking rights? 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: A NY mobile phone shop has sold me a phone that is barred as it's been reported stolen. What is the best way to chase?

1 Answer | Asked in Consumer Law and Small Claims for New York on
Answered on Jul 25, 2017

Call the consumer fraud unit of the New York County district attorney. To do this privately is a small claims case, which requires filing a complaint form but then returning for the trial. There is no way I could economically charge to handle this matter.
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Q: How can I obtain a copy of paperwork I filed Friday for court on Monday.

1 Answer | Asked in Small Claims for California on
Answered on Jul 25, 2017

Contact the court clerk. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?

1 Answer | Asked in Civil Litigation and Small Claims for Minnesota on
Answered on Jul 24, 2017

Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.
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Q: Can a collection agency sell your account after it has served a warrant in debt on you?

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.
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Q: Can a person put a lien on your mobile home in Florida(in a gated senior community) without proof that you owe him money

1 Answer | Asked in Small Claims, Collections and Contracts for Florida on
Answered on Jul 23, 2017

Yes, in general, he can. It would be a construction lien (commonly called a "mechanic's lien" in most other states). See Florida Statute 713.010 et seq.
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Q: I leased a home in FL. Never missed a rent payment. Landlord is breaking the lease to sell the home. What's my rights?

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for Florida on
Answered on Jul 22, 2017

You need to consult with a landlord tenant attorney. The key first step is a review of the rental agreement as it likely has contract terms related to this type of situation. Also it does sound like she may have improperly handled the security deposit and a good landlord tenant attorney can help you there. But first step is the review of the contract.
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Q: Small claims court,

1 Answer | Asked in Collections and Small Claims for Florida on
Answered on Jul 22, 2017

You will want to check with your local Clerk of Court. Small Claims between $100 and $500 should be $80 filing fee. You will also have to hire a process server or pay the sheriff to serve the summons, which is an extra approx. $50. As you have no contract that would allow you to recover fees, that would be deducted from any payment that you ultimately receive. Probably not worth the effort. Best of Luck! Jennifer
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Q: I live in columbus ohio. I pawned my tv. When i picked it and took it home discovered it was broke

1 Answer | Asked in Products Liability, Small Claims and Consumer Law for Ohio on
Answered on Jul 21, 2017

File a claim with them but they'll say it was you. Then go to small claims.
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Q: I am a plaintiff in a small claims(court date in a week) and just received a motion to dismiss. Do I need to respond?

2 Answers | Asked in Civil Litigation, Construction Law and Small Claims for Florida on
Answered on Jul 21, 2017

You do not have to respond in writing to a motion to dismiss by law. However you can make a response if you desire to do so.

Good luck.
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Q: Tracy an only child and blind was kicked out of her mothers house and fraudulently/forgery done to life ins. HELP..

1 Answer | Asked in Civil Rights, Criminal Law, Identity Theft and Small Claims for California on
Answered on Jul 20, 2017

You need to act swiftly to get your friend a competent probate or custodianship/ guardianship lawyer to start acting on her behalf immediately. The best advice I can give your friend is to get a good lawyer right away and to start taking action to hold the executor responsible for his misconduct.
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Q: can i sew my landlord over black mold he is trying to force me to pay rent after he refuses to clean the mold.

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

Yes. Generally, If your daughter got sick as a result of mold and you have a doctor that will sign such diagnosis , you will be in good standing. Please have a lawyer near you investigate the claim and send all your medical records and correspondence with the Landlord. Best of luck.
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Q: What options are available to people who are on SSD an are being taken to Small Claims Court for Credit Cards and Med.

1 Answer | Asked in Small Claims for Indiana on
Answered on Jul 20, 2017

If you are having struggles with making payments on your debts you may want to consult with a bankruptcy attorney to discuss your options.

That said, if your only source of income is SSD chances are high that you meet indigent status and your income falls below a certain threshold where debt collectors would be unable to garnish your income. If you fall below a certain level of income you may be 'judgment proof' because your income is so low you would be unable to survive on whatever is...
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Q: Facebook and cps false allegations made of drugs and child abuse as well as residency. Proof of being false. What's next

1 Answer | Asked in Personal Injury, Child Custody, Small Claims and Libel & Slander for Indiana on
Answered on Jul 20, 2017

You may have a claim, but these types of claims are not only extremely difficult to prove, they also rarely pay out as there is no insurance and most individuals don't have the money to pay a substantial verdict. You also have to show the economic harm that these statements have caused, which is quite difficult.
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Q: What takes place after an arbitration, and how long will it take to receive an award?

1 Answer | Asked in Arbitration / Mediation Law, Personal Injury and Small Claims for New York on
Answered on Jul 18, 2017

The arbitrator's rules should have been provided to you. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Is it legal to contact a person's work to talk to them if I have exhausted other options?

1 Answer | Asked in Real Estate Law, Civil Litigation, Landlord - Tenant and Small Claims for California on
Answered on Jul 18, 2017

I see no outright problem with that, so long as you don't defame or harass them. It would be best to have a lawyer deal with this. 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: My uncle died he left about $15,000 in bank account he left no will .I paid for funeral how do I get money from bank.no

1 Answer | Asked in Banking, Small Claims and Probate for New York on
Answered on Jul 17, 2017

You need to file what is called a Voluntary Administration in the Surrogate's Court of the county your uncle resided in when he died. It costs a $1 filing fee.
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Q: Vet malpractice small claims court advice.

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Small Claims for Ohio on
Answered on Jul 17, 2017

The case would be decided on the evidence and testimony that you present in court. The vet would present evidence of giving reasonable care under the circumstances. The court would then decide if you met the burden of proof with a "good case." Small claims court can decide cases claiming up to $6000. Check the court web site for the filing fee.
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Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability. But, certain circumstances may be able to overcome that, if they broke one of their obligations, i.e. did a gate malfunction? lack of security when promised? Also, sometimes homeowner's and renter's...
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