Small Claims Questions & Answers

Q: I won a default judgment in small claims and he won't pay. He says he's seeking a lawyer. Can he sue me back?

1 Answer | Asked in Small Claims for New York on
Answered on Mar 27, 2017

Sue you for what, for winning the case against him? See: https://www.nycourts.gov/courthelp/AfterCourt/collection.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: In what ways can I collect once winning a small claims case? Is embargo one of them? The guy has a car, a computer?

1 Answer | Asked in Small Claims for California on
Answered on Mar 27, 2017

See: http://www.courts.ca.gov/selfhelp-smallclaims.htm

See: http://www.dca.ca.gov/publications/small_claims/file.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I Purchase house in Plainfield NJ , floreclosure property as occupied house. Some one not previous owner lives there

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Answered on Mar 26, 2017

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. Retain a landlord-tenant attorney and also try to press criminal charges for defiant trespass. Good luck.
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Q: I live in Indiana 3 years ago my neighbors tree fell into my house during a storm has the statute of limitations passed?

1 Answer | Asked in Small Claims for Indiana on
Answered on Mar 25, 2017

Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.

As for the one that is on the property line, if it is on your property, feel free to take care of it yourself. I would consult with a real estate attorney and double check to confirm that the tree is actually on your property. Generally though if it is on your property or hangs over your property line you're...
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Q: Is cook county small claims court rules more relaxed or difficult

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on
Answered on Mar 25, 2017

The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a subpoena on a witness to attend the trial. As long as you are able to lay the proper foundation, oral or written facts may be entered into evidence by the judge. Whether one would find the rules of...
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Q: what is the proper action when your job fails to pay employees on time,denied breaks, overworked and under paid

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for California on
Answered on Mar 24, 2017

You can file a claim for labor code violations.

See: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

See: https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,...
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Q: Hello I sold my house about 2 1/2 months ago , before selling we had a company come out and snake a floor drain due to

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Ohio on
Answered on Mar 24, 2017

These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is true. The buyer has the burden to prove in court that the seller had knowledge of the problem. Prior visits by a plumber could be enough to prove that the seller knew there was a plumbing problem, and...
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Q: Can the victim sue for pain and suffering in a convicted child molestation case?

1 Answer | Asked in Small Claims and Personal Injury for Indiana on
Answered on Mar 23, 2017

A victim can sue the criminal in civil court for any and all damages subject to each states Statute of Limitations. Damages are not generally part of a criminal proceeding for child molestation.
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Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.
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Q: Can I sue for intentional infliction of emotional distress in small claims court in California?

1 Answer | Asked in Small Claims and Personal Injury for California on
Answered on Mar 22, 2017

I don't hear a basis for emotional distress, but you may sue for conversion of personal property re: the RV. See: http://www.courts.ca.gov/9618.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: The engagement ring

1 Answer | Asked in Divorce, Family Law and Small Claims for California on
Answered on Mar 22, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. 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 does not...
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Q: What are my legal rights? Can I sue?

1 Answer | Asked in Civil Litigation and Small Claims for California on
Answered on Mar 22, 2017

Does your insurance not cover such rentals? If not, you may be able to sue the shop for negligence and/or breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: I have a question. I just need to know what I can be entitled to with regard to compensation with regard to a TC

1 Answer | Asked in Small Claims and Car Accidents for California on
Answered on Mar 22, 2017

You can sue for actual, consequential and incidental damages caused by the defendant. If you have personal injury though, you may want to consider suing in superior court so you can also sue for pain and suffering. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: If I won a judgement in a small claims court and the defendant is 17 who will be responsible to pay? Him or his parent ?

1 Answer | Asked in Small Claims for New York on
Answered on Mar 18, 2017

You can collect it from him… Although he may be able to appeal the judgment for lack of personal jurisdiction.

You can either pay a lawyer 10% of the judgment to do it for you, or you do the following:

Obtain a copy of the written judgment from the clerk of the court where you received it.

Bring this piece of paper to the county clerks office in the county where you reside and file it.

Bring a copy of the filed judgment to a local Marshall's office and obtain...
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Q: Can I sue a guy in NY court who has two residences (FL and NY) over a rental fraud in FL done over the internet?

1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
Answered on Mar 18, 2017

You can probably sue him in New York small claims court because he has a residence in New York, and he is likely subject to the long arm jurisdiction statue in New York State.

The good thing about about shoeing in New York small claims court is that it is extraordinarily cheap, uses a standard closer to "fairness" or "equity" rather than a preponderance of the evidence, like a higher court would use and finally, the best thing is that the small claims court will serve the defendant...
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Q: Can I sue someone who stole my car 10 years ago in small claims court?

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for California on
Answered on Mar 17, 2017

The statute of limitations may bar your claim. See: http://www.courts.ca.gov/9618.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What steps can I take to retrieve money that I loaned to a person who will not pay me back?

1 Answer | Asked in Small Claims for Florida on
Answered on Mar 13, 2017

First of all, if this was a licensed counselor you went to it is illegal for him to ask you for a loan. Secondly, if he owes you money and you can prove that by contract you should definitely take him to court.

Since the amount is for less than $5,000 I would suggest either filing a claim in Small Claims court and/or contacting the state licensing board that oversees his line of work.

If you need additional help with any of those things, please let me know.

P.S. It...
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Q: Can i ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Massachusetts on
Answered on Mar 12, 2017

Why would you want to live in a condemned house? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. 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 does...
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Q: I won a small claim case with a much smaller amount than what was expected.

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Answered on Mar 10, 2017

No, it would not be worth appealing. The limit for collecting in Small Claims in Indiana is $6,000. If you look to appeal a judgement from Small Claims you will need an attorney because appealing is not friendly to non-lawyers and you will have to hire an attorney to help you. The costs for hiring an attorney could easily outstrip whatever you were asking for. If you do want to appeal, you have 30 days from the time the judgment is entered. Consult an attorney ASAP.

As for the sign, I...
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Q: Can tenant sue landlord for an reimbursement of trash that is in an expired lease which the new lease had corrected?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Answered on Mar 9, 2017

If the lease said that the landlord will pay for trash, you should be reimbursed for the payments you made. Otherwise, you can sue in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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