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Small Claims Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Alabama on
Q: Truck driver passed me in a completely ice and snow covered lane and the snow flying up busted my window.

The driver had already tried to pass once and backed out because the road was that bad and then a mile or 2 later tried again. As he passed the wave of slush and ice caused me and the car in front to have to completely stop because we couldn't see and my driver side window got busted. I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 6, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. As a general matter in many jurisdictions, you probably would. Check with the Small Claims Court, either through its online resources or contacting an administrative person at the courthouse as to the types of cases... Read more »

2 Answers | Asked in Criminal Law and Small Claims for California on
Q: Is it legal for rental service to hold your belongings if you owe them money?

They came and towed her rental car with her stuff her daughters and new born baby. They will not give her her stuff until fees are owed. Is this legal?

David Michael Lehr
David Michael Lehr answered on Mar 4, 2021

It is probably civil, not criminal.

I am not a civil attorney, but I think that they cannot hold the property.

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Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... Read more »

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2 Answers | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

did you pay anything? was this an old girlfriend?

you can claim anything and sue for anything.........the outcome is dependent on the facts.

set up an appointment with a local lawyer asap.

she was supposed to give you notice to leave per Unlawful Detainer procedures.

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1 Answer | Asked in Animal / Dog Law and Small Claims for Ohio on
Q: I was asked to petsit a guinea pig a few days. A friend of my ex roommate she really didn't even know me..

It's now been over a year and I messaged just to see if she ever intended to pick her up to which she said I can't pay you but if she's too much she could come get her she came in a ten gallon fish tank with a hide she could barely fit in.. knew nothing about guinea pigs but... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

Attorneys who handle animal/dog law matters would be able to advise best, but you await a response for four weeks. Although we see our animals as family members, the general premise is that they are considered property. So it could probably be argued that the other person did not expressly abandon... Read more »

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: customer owes me $. Can I sell their product to make up money that is owed?

My company did work for a client. They refuse to pay their invoice. By accident one of their vendors sent me their merchandise. Can I sell that to recoup my losses?

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

No, that would be conversion, or theft. You can return the product or tell the customer and ask if he would like you to sell it and charge the proceeds against his account to you. And/or you can take him to small claims.

1 Answer | Asked in Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... Read more »

William John Light
William John Light answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... Read more »

Aimee Hess
Aimee Hess answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... Read more »

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: Can you be sued for defamation of character if you didnt complete a job for someone and stated why to them?

I have a cleaning company, the client complained that we did mot finish few things, i told her the reason why was my crew saw a bug that they thought to be a roach and did not want to return., i offered to return 3 seperate times myself even though i saw a dead one., she refused and asked for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

It is not defamation or slander if the conversation is between the two of you. Defamation and slander require that there be some public statement. Do not, by the way, discuss this on facebook or any social media--that's where people get into trouble!).

All the best.

1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... Read more »

Michael David Birchmore
Michael David Birchmore answered on Feb 25, 2021

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

1 Answer | Asked in Small Claims for Florida on
Q: Do I sue owner of home for debt owed on repairs in their home or their rep who we dealt with?

We are a small business and did some repairs on a home in Naples, FL. Our business is in a different county. Do I file suit in our county or theirs? ...and we dealt with a person who was the owner's representative and never dealt with the owner. Now he refuses to pay. Do I list the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

You would sue in the county where the home is located and the work was done. You would probably want to sue both.

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Q: Can I get a vehicle back if the loan isn't being paid?

A couple years ago I got a divorce and listed a truck as property for my ex husband. He was making the payments and the truck was always "his". Now he's not making the payments. My name is the only one on the truck and the loan. Legally it's the banks truck until it's paid... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 22, 2021

No, it's not the bank's car. Based on your description, the title made it your car, and the divorce decree made it your ex-husband's car.

In most cases, the decree provides that the person who receives the property is responsible to pay the debt. If he doesn't do so,...
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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Georgia on
Q: If driver caused bodily harm without insurance, then tries to fight citation with new insurance does driver get a pass?
Michael W. Horst
Michael W. Horst answered on Feb 20, 2021

It is often the case that should an uninsured driver appear in Court and show proof that subsequent to the accident he obtained insurance, the solicitor will drop the no insurance charge. Of course, it is purely within the discretion of the solicitor if he wishes to drop the charges. The... Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: What can I do this is a serious question the bank has my name and phone number that I took 300 dollars out of a disable

The bank has my name and phone number that I took 300 dollar out of a disable person account but I did not do it but they have my name and phone number she called the law on me and they are investigating it what are the chargers for it I need help

Homer P Jordan IV
Homer P Jordan IV answered on Feb 16, 2021

At this point you haven’t been charged with anything, correct? See what their investigation turns up and if it still points to you and there are charges involved then you could seek the advice of an attorney for your case.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for New Jersey on
Q: Post-judgement interest in NJ on Small Claims Court decision has to be explicitly granted?

When judgement is entered in small claims court decision (NJ, less than $3k) - is post-judgement interest automatically applicable if it is not explicitly ordered by judge? I found article that says usually it is automatic per federal standards, but I don't want simply to assume this. Any... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 10, 2021

Yes it is automatic once judgment is entered

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Small Claims for Indiana on
Q: Can I be sued for an old debt to a person in IN? I dispute the debt amt but had made small payments to them over yrs.

Debt was for boarding livestock. Land owner stopped paying me for farm labor so I stopped paying the board bill. Debt is from over 13 yrs ago. I dispute the debt and amt due to their handling of money owed to me for work done. I had been making small automated bill-pay paymentsover the years... Read more »

Troy Tyson
Troy Tyson answered on Feb 10, 2021

If they do sue, your argument for the 10-year limit would appear to be a strong defense.

1 Answer | Asked in Small Claims for Missouri on
Q: How do I get a delinquent account off of my credit?

We purchased a home in April of 2020. Our lease with Lake Broadway townhomes in Columbia MO was not set to expire until the end of July 2020. We moved out with 3 months notice to our leasing office and returned the keys at the beginning of May. They sent us to collections for our rent for June... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 9, 2021

Unless your real estate agent is an attorney, you shouldn't take legal advice from him. In fact, if he is giving you legal advice he's arguably engaging in the "unlawful practice of law" or "doing law business," each of which can be a misdemeanor under Missouri law.... Read more »

1 Answer | Asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan on
Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

Kenneth V Zichi
Kenneth V Zichi answered on Feb 9, 2021

In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... Read more »

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