Small Claims Questions & Answers by State
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Small Claims Questions & Answers
Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa
Peter Munsing's answer
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.
Q: I am being sued for credit debt from midland funding ,it is a old sears account,I would like to know what steps to
Christopher Tolley's answer
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors
I am not as...
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising both debtors and creditors on debt collection for many years, and I find this MA consumer website very informative: https://www.masslegalhelp.org/consumer/debt/rights/debt-collectors
I am not as...
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Small Claims
for
Virginia
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
Q: In missouri what is the difference between an eviction and an unlawful detainer
Ronald J. Eisenberg's answer
Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession...
Two primary types of cases in Missouri for a property owner to retake possession are rent-and-possession and unlawful detainer cases. “Eviction” can be the result of a judgment for possession. Those causes of action are controlled be different statutes. Rent-and-possession are filed when the lease term has not expired but the tenant isn’t paying rent. Unlawful detainer cases are filed against defendants who once had permission to occupy the property but have remained in possession...
Q: in california how long do i have to sue a woman who rescued, (stole) my sons christmas puppy after he went astray.
William John Light's answer
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
If found your puppy and kept it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)...
Q: An ex employee that I fired in 2015, she made live video and topic was me.
1 Answer
| Asked
in
Criminal Law, Libel & Slander and Small Claims
for
Louisiana
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
Ellen Cronin Badeaux's answer
Save it all on a flash drive. Then hire an attorney to file for a permanent injunction against harassment and to fight her protective order. After saving on a flashdrive, contact each platform and ask them to remove her postings.
Save it all on a flash drive. Then hire an attorney to file for a permanent injunction against harassment and to fight her protective order. After saving on a flashdrive, contact each platform and ask them to remove her postings.
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?
1 Answer
| Asked
in
Consumer Law, Contracts, Criminal Law and Small Claims
for
Maryland
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
Q: Is this legal???
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Small Claims
for
Missouri
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Ronald J. Eisenberg's answer
Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.
Only a Missouri licensed attorney may represent another party in court. If you file on his behalf you’d be committed a misdemeanor, the unauthorized practice of law. Time to hire an attorney.
Q: Termination of the agreement of the sale
1 Answer
| Asked
in
Contracts, Small Claims and Real Estate Law
for
Pennsylvania
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Q: Can I go to jail if I don't go to small claims court
Matthew Williams' answer
No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.
No. But the court will issue judgment in favor of the other side of if you don't show up. And they will then have the legal means to seek to collect from you by force.
Q: Can someone sue me or take me to court because they bought an item from me and they broke it?
Ronald J. Eisenberg's answer
Anyone can sue anyone for anything. I doubt that your husband will get sued over this but if he does he should show up at court and defend the case.
Anyone can sue anyone for anything. I doubt that your husband will get sued over this but if he does he should show up at court and defend the case.
Q: If I don't go to small claims court will I be arrested
Bruce Alexander Minnick's answer
Not in Florida; and I suspect the law is the same in Ohio. Small claims courts handle CIVIL matters; arrests are only made in CRIMINAL matters.
Not in Florida; and I suspect the law is the same in Ohio. Small claims courts handle CIVIL matters; arrests are only made in CRIMINAL matters.
Q: Living at step mom house
2 Answers
| Asked
in
Civil Rights, Real Estate Law and Small Claims
for
Oregon
on
Answered on Nov 28, 2018
Answered on Nov 28, 2018
Joanne Reisman's answer
Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the padding underneath. Also if you are are going to carpet a room it would be foolish not to include the connected closet space as well. I would just tell your mom that the padding and the closet carpeting is...
Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the padding underneath. Also if you are are going to carpet a room it would be foolish not to include the connected closet space as well. I would just tell your mom that the padding and the closet carpeting is...
Q: Can someone in us take legal action for something that happened in mexico?
Rahlita D. Thornton's answer
You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.
You need to hire a lawyer in Mexico where it occurred for a proper answer. Laws differ in Mexico and the United States.
Q: Buying a car with lien
1 Answer
| Asked
in
Criminal Law, Products Liability, Public Benefits and Small Claims
for
Maryland
on
Answered on Nov 23, 2018
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...
Q: My mother in law gave our family dog away while she was supposed to be watching it for us. What are our rights?
William John Light's answer
If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.
In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours,...
If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.
In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours,...
Q: Need help with a hit and run case but with no personal injury just total loss of my vehicle.
Rahlita D. Thornton's answer
Based on the severity of the accident it is highly unusual for their not to be any injuries sustained. So, therefore you are highly blessed. But, sometimes a lot of folks don't feel the pains and discomforts right away immediately after an accident and I would suggest that you get checked out and wait to assert the position that you and not injured. Unfortunately, you are left in a mess due to someone else's negligence. We believe that people should take personal responsibility for their...
Based on the severity of the accident it is highly unusual for their not to be any injuries sustained. So, therefore you are highly blessed. But, sometimes a lot of folks don't feel the pains and discomforts right away immediately after an accident and I would suggest that you get checked out and wait to assert the position that you and not injured. Unfortunately, you are left in a mess due to someone else's negligence. We believe that people should take personal responsibility for their...
Q: Can I get evicted from an address I never lived at? And have a judgement against me in that eviction case?
Alexander Florian Steciuch's answer
This is 100% legal. You signed the lease agreement and agreed to be held responsible for the rent. They didn't receive rent and now they are coming after you for it.
This is 100% legal. You signed the lease agreement and agreed to be held responsible for the rent. They didn't receive rent and now they are coming after you for it.
Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?
Mr. James Charles Wright's answer
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).
It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).
Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?
William John Light's answer
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
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