Small Claims Questions & Answers by State
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Small Claims Questions & Answers
Q: Someone gave me a pair of nice work boots at least 2 months ago. Now he wants them back. Are they legally mine?
Terrence H Thorgaard's answer
It appears to be a matter of your word against his. I doubt that the police will want to get involved.
It appears to be a matter of your word against his. I doubt that the police will want to get involved.
Q: I have an auto loan in just my name. I submitted an application online to refi that loan using both my wife and myself
Andy Wayne Williamson's answer
Should they have known? Yes. However I doubt it is worth the effort it will take to try to go after them.
Hope this helps. Good luck.
Should they have known? Yes. However I doubt it is worth the effort it will take to try to go after them.
Hope this helps. Good luck.
Q: How can I get paid from my boss who refuses to pay me out of pocket?
1 Answer
| Asked
in
Contracts, Employment Law, Workers' Compensation and Small Claims
for
California
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Nancy J. Wallace's answer
He is NOT your 'boss' because you say you are an Independent Contractor. So, he is just a client. When a client fails to pay per the contract, you give them one written warning with a deadline to pay as per the contract, then you file for a Breach of Contract in Small Claims. IF you are not really an independent contractor, if you can show you are really an employee, then you can go to the LABOR COMMISSIONER and file a Wage Claim: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm BUT...
He is NOT your 'boss' because you say you are an Independent Contractor. So, he is just a client. When a client fails to pay per the contract, you give them one written warning with a deadline to pay as per the contract, then you file for a Breach of Contract in Small Claims. IF you are not really an independent contractor, if you can show you are really an employee, then you can go to the LABOR COMMISSIONER and file a Wage Claim: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm BUT...
Q: My cat ran out of the house when the door was opened. She was hit by a car and the driver drove away in PA. Can I sue?
1 Answer
| Asked
in
Car Accidents, Personal Injury and Small Claims
for
Pennsylvania
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Peter Munsing's answer
Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.
Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.
Q: My husband owes $6,000 due to a fender bender in Washington State. How do I start a payment plan to get that paid back?
1 Answer
| Asked
in
Car Accidents, Collections and Small Claims
for
Iowa
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Peter Munsing's answer
Did he have insurance? If so that should cover it. You need to talk to someone who hanldles suspensions to see what his options are.
Did he have insurance? If so that should cover it. You need to talk to someone who hanldles suspensions to see what his options are.
Q: what is the penalty for time theft?
Andrew Bennett's answer
Your friend should consult with an attorney, most have free consultations, depending on the level of the theft the jail possibility is none to 2 1/2 years or more.
Your friend should consult with an attorney, most have free consultations, depending on the level of the theft the jail possibility is none to 2 1/2 years or more.
Q: Can I take legal action against my landlord for not fixing major repairs until someone gets hurt?
Joseph Jaap's answer
Contact the local building department, which might issue repair orders. Send landlord written notice of the problems, then start paying rent on time each month into escrow with the local court, which will schedule a hearing for landlord to come and explain what is being done to fix the problems. If not enough, the court can terminate your lease so you can move. Check your local court for the rent escrow process. You also could sue the landlord in small claims court for medical bills. Use...
Contact the local building department, which might issue repair orders. Send landlord written notice of the problems, then start paying rent on time each month into escrow with the local court, which will schedule a hearing for landlord to come and explain what is being done to fix the problems. If not enough, the court can terminate your lease so you can move. Check your local court for the rent escrow process. You also could sue the landlord in small claims court for medical bills. Use...
Q: Can I bring Citibank to small claims court?
Michael David Siegel's answer
You have not been damaged, so you have no case. You do not even get the $600 you claim should be written off. Just write a certified letter to the General Counsel for the bank saying what you said here.
You have not been damaged, so you have no case. You do not even get the $600 you claim should be written off. Just write a certified letter to the General Counsel for the bank saying what you said here.
Q: I was harassed by my former landlady for asking to have a guest over in my basement apartment..I was later given a 30day
Gregory L Abbott's answer
Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review with a landlord-tenant attorney. Good luck.
Perhaps but I don't see what claims you would have based just on the facts posted. You may well have a defense if she Sue's you for the rent you say you don't owe and you may or may not have claims against her regarding your security deposit but that would require a careful review with a landlord-tenant attorney. Good luck.
Q: My husband has a protection order against him for claims on stalking. Will be go to jail over this?
Alexander Florian Steciuch's answer
If he violates the protection order, then yes, he could go to jail over this.
If he violates the protection order, then yes, he could go to jail over this.
Q: I have been renting a house for 2.5 years. House recently sold, no new contract. Paid every month accept this month
1 Answer
| Asked
in
Civil Litigation, Real Estate Law and Small Claims
for
Florida
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Andy Wayne Williamson's answer
Yes. Basically you are a month to month tenant and have no right to be there without paying rent. If the money was originally as a security deposit the landlord is correct require that it remain a security deposit.
Hope this helps. Good luck.
Yes. Basically you are a month to month tenant and have no right to be there without paying rent. If the money was originally as a security deposit the landlord is correct require that it remain a security deposit.
Hope this helps. Good luck.
Q: Can a creditor refuse a payment or any other info we have given
Gregory L Abbott's answer
Far more information is needed here or far more is going on. It is true that a creditor does not have to accept anything less than payment in full - but why wouldn't they if there are no strings attached? It sounds as if the landlord has a Money Judgment against you. If so, contempt of court is not normally a remedy available to the creditor if you do not voluntarily pay - garnishment, sheriff's levy, judgment debtor exam or its written equivalent, post-judgment interrogatories are. I am...
Far more information is needed here or far more is going on. It is true that a creditor does not have to accept anything less than payment in full - but why wouldn't they if there are no strings attached? It sounds as if the landlord has a Money Judgment against you. If so, contempt of court is not normally a remedy available to the creditor if you do not voluntarily pay - garnishment, sheriff's levy, judgment debtor exam or its written equivalent, post-judgment interrogatories are. I am...
Q: Can I sue animal control for spaying my dog?
William John Light's answer
This would be governed by whatever sales agreement you have with Animal Control. Whether or not you can sue for spaying your dog may also depend on the sales agreement, as well as how long Animal Control had the dog before spaying, and what efforts it took to locate and notify you before spaying. None of this is known.
This would be governed by whatever sales agreement you have with Animal Control. Whether or not you can sue for spaying your dog may also depend on the sales agreement, as well as how long Animal Control had the dog before spaying, and what efforts it took to locate and notify you before spaying. None of this is known.
Q: I am currently going threw bankruptcy and just received papers that some is suing me... what do I do
David Earl Phillips' answer
You need to add this creditor/lawsuit to your bankruptcy schedules. There is a $31 filing fee to add a creditor. You need to file the amended list of creditors before the case is discharged. If you do not have an attorney you might ask the clerk of court if they would show you the form to add the creditor. They can not give you legal advice but they may show you how this is handled in your court. Hope it works out. Good luck!
You need to add this creditor/lawsuit to your bankruptcy schedules. There is a $31 filing fee to add a creditor. You need to file the amended list of creditors before the case is discharged. If you do not have an attorney you might ask the clerk of court if they would show you the form to add the creditor. They can not give you legal advice but they may show you how this is handled in your court. Hope it works out. Good luck!
Q: Who is liable if a dog does damage to their owner's property?
1 Answer
| Asked
in
Consumer Law, Contracts, Animal / Dog Law and Small Claims
for
Colorado
on
Answered on Apr 6, 2018
Answered on Apr 6, 2018
Kristina M. Bergsten's answer
This is an interesting question with no clear answer. The only way the owner could collect money from you is if the owner sues you in court and wins. Since the dogs were not yours and you performed your agreed upon duties, I think you have a viable defense that the damage is not your responsibility.
This is an interesting question with no clear answer. The only way the owner could collect money from you is if the owner sues you in court and wins. Since the dogs were not yours and you performed your agreed upon duties, I think you have a viable defense that the damage is not your responsibility.
Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?
1 Answer
| Asked
in
Civil Litigation, Probate and Small Claims
for
Arizona
on
Answered on Apr 6, 2018
Answered on Apr 6, 2018
Peter H. Westby's answer
There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.
There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.
Q: How am I responsible for a lien on a vehicle that I do not have possession of?
Terrence H Thorgaard's answer
You should have a receipt from your sale of the vehicle. Contact the DMV immediately with this documentation.
You should have a receipt from your sale of the vehicle. Contact the DMV immediately with this documentation.
Q: What can we do to retrieve belongings stored at a relative's home who now refuses our visits?
1 Answer
| Asked
in
Criminal Law, Family Law, Elder Law, Landlord - Tenant and Small Claims
for
Texas
on
Answered on Apr 5, 2018
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.
Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.
If there is a competency issue, consult a Family Law attorney that practices law in the county where the grandmother lives.
Otherwise, if you just want to sue to get your stuff, consult an attorney that practices law in the county where grandma lives to find out if a lawsuit is appropriate. If the value of the property is mostly sentimental then perhaps visit the JP court precinct for the street address where it is stored and inquire about small claims lawsuits.
Q: What do you do when someone says they left and item at your house & they did not?
Kiele Linroth Pace's answer
You could reply asking him to "cease all communications that harass, annoy, alarm, abuse, torment, embarrass, or offend" you. Then, if he keeps doing it, you could report the crime of Harassment.
If he keeps doing it for multiple days, you could seek a Protective Order based on Stalking per chapter 7A of the Texas Code of Criminal Procedure. If he keeps it up after that, he could be facing felony Stalking charges.
You could reply asking him to "cease all communications that harass, annoy, alarm, abuse, torment, embarrass, or offend" you. Then, if he keeps doing it, you could report the crime of Harassment.
If he keeps doing it for multiple days, you could seek a Protective Order based on Stalking per chapter 7A of the Texas Code of Criminal Procedure. If he keeps it up after that, he could be facing felony Stalking charges.
Q: HOW DO YOU GET A COURT ORDER TO RETREIVE YOUR PROPERTY?
Tina El Fadel's answer
If the car is in your son's name and not in the mother in law's name, why is he not calling the police? Have proof that the car is owned by him and see if they will go to her house. If not, you will have to file a claim for conversion as she is in possession of your son's property wrongfully. If she ever had possession of your son's car properly--meaning he allowed her to borrow it a demand for its return should be sent first prior to filing of the lawsuit.
If the car is in your son's name and not in the mother in law's name, why is he not calling the police? Have proof that the car is owned by him and see if they will go to her house. If not, you will have to file a claim for conversion as she is in possession of your son's property wrongfully. If she ever had possession of your son's car properly--meaning he allowed her to borrow it a demand for its return should be sent first prior to filing of the lawsuit.
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