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Small Claims Questions & Answers

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on

Q: I bought a dog for 100 bucks which included dog and accessories. And was not giving all accessories

I paid girl 50 last week nd she was supposed to get other 50 today but failed to provide the dog cage which was part of add she sold it or whatever so i.told her I wont give her other 50 until i get cage. She has now said she is going to take me to court . I wanna know if I'm in the right

Peter N. Munsing answered on Jun 14, 2019

You were prepared to go ahead with your end of the deal and she wasn't. You are correct. However often there is something else left out. Does she now say the cage wasn't part of it? If so there is no agreement--you think it's A she thinks it's not A but B ---and if no agreement she should give you... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for New Jersey on

Q: I cosigned a car for my brother and he is not making payments. Can i take him to court to take the car if i pay it off.

I cosigned a car for my brother and he is not making payments for 5 months. Since we got the car he has been making late payments. Can i take him to court to take the car if i pay it off. Me and my brother's name is on the title. If i pay the car off, the bank will send the title to me. Can i take... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

In most states either person named on the title has the ability to sell it or to do anything else with the car. If you pay it off the bank will give you a new title, which you can use any way you want.

1 Answer | Asked in Small Claims for Tennessee on

Q: is it harassment for multiple false police calls that result in cops coming to my house and waking me up?

My downstairs neighbor has called the cops numerous times over “noise complaint” when there is actually no noise. The cops have woke me up from bed twice.

Bennett James Wills answered on Jun 13, 2019

False reporting is a crime.

1 Answer | Asked in Small Claims and Collections for Tennessee on

Q: I have been served with a summons to court for a debt from a flex loan. Do I need to file an answer for it?

The paperwork doesn’t have a date to file an answer by it just states “to appear before the general sessions court of ... on ... and then there to answer in civil action brought by ...

what is an answer and how do i write it? Do I even need to do so? There’s already a payment... Read more »

Anthony M. Avery answered on Jun 11, 2019

You have to go to Court. Be on time and respectful. If you dispute the debt, say so. The Plaintiff will probably continue it to produce evidence and/or testimony.

1 Answer | Asked in Landlord - Tenant and Small Claims for Oregon on

Q: I lived with a friend for 8+ months rent free with no formal agreement. He gave me 19 days to leave. Is this legal?

My friend let me stay rent-free and off-lease in the second bedroom of his apartment(s) in the city of Portland (we moved to a 2nd apt during 8+ months). On April 11th he text me that I needed to start paying $1,000/month, including the month of April, or leave by May 1st. I left to go out of town... Read more »

Gregory L Abbott answered on Jun 10, 2019

There is no question that you are entitled to recover your mattress and any other personal property. IF you were a tenant, then you might have claims against him for landlord-tenant violations (or perhaps not since you apparently left "voluntarily" - it depends upon the exact details). But if you... Read more »

1 Answer | Asked in Gaming and Small Claims for Nebraska on

Q: Can I sue my sister for her son who is 10 stealing from me or can I sue him it was almost 300$ which he used on a game?

About a month ago while watching my nephew while his mom was in new York he purchased almost 300$ worth of PlayStation virtual currency In a game called fortnite which overdrew my account in total changes it was 415.31 Initially she said she would pay me back but has now changed her mind after me... Read more »

Julie Fowler answered on Jun 10, 2019

Small claims court is designed exactly for this type of situation where there is a relatively low dollar request to repay due to a wrong. Many of the county courthouses have the forms available for you to pursue a small claims case on your own. It may make sense to handle this in small claims... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on

Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family

Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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1 Answer | Asked in Contracts and Small Claims for California on

Q: I had an agreement with a former classmate of mine to help fund his start up business.

I loaned him an amount in expectation of getting a monthly payment after his business got off the ground. The month came to when we agreed he had to start paying it back with interest and he never did. Can I sue him for the principal investment plus the interest we agreed upon? Also I have the... Read more »

Thomas A. Grossman answered on Jun 8, 2019

Unfortunately, without a signed agreement it is more difficult to convince a person to pay back money he or she owes you. The emails help somewhat, as that confirms that an agreement was reached, even if it was not signed. Also, the mere fact that he acknowledges the debt is helpful. I would... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Tennessee on

Q: Bro-n-law recently passed away, never married/no children. My husbnd is last kin/inherited condo.

No savings, no 401K, no assets. Household furnishings less than $3K. Title company requires TennCare Release before we can sell condo. Can TennCare come after us personally for amounts owed?

Anthony M. Avery answered on Jun 8, 2019

TennCare can go after the real property, and could possibly go after the proceeds in your hands. But the risk is minimal and it can be insured against. If you want to sell it, find another buyer and/or title co. After one year from date of death, it would be unusual for a creditor to come... Read more »

1 Answer | Asked in Small Claims and Contracts for Virginia on

Q: Received a warrant of debt for a repair but I didn't agree on the terms. Any way to fight the claim?

I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do not have the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on

Q: In the of Illinois. Do I have to return a Promise Ring to an boyfriend?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

Edward X. Clinton, Jr answered on Jun 7, 2019

No the ring was a gift voluntarily given to you. It's yours.

1 Answer | Asked in Small Claims for Florida on

Q: I did an express replacement for my phone from Apple but accidentally sent it to att how do I get my phone back?

I accidentally used the wrong label it was an att one not an apple one. It went to att and I can’t get it back. I don’t want to give att a free phone. I am still paying it off through Apple.

Terrence H Thorgaard answered on Jun 6, 2019

Have you tried calling AT&T?

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Ohio on

Q: Do owners of a house have to tell you the pervious renters had bed bugs in Ohio

Joseph Jaap answered on Jun 5, 2019

If owners knew about it and failed to disclose it, that would be a basis to sue the owners. But it depends on all the facts. Contact the local board of health and use the Find a Lawyer tab to retain a local attorney to review the facts and advise you.

1 Answer | Asked in Small Claims for Tennessee on

Q: I posted an accurate account of my visit with an orthopedist in TN in a review, and the dr. is now threatening to sue me

Two months ago I saw this doctor for the first time. The doctor refused to look at my MRI and refused to consider the possibility of a torn deltoid. He ridiculed me for suggesting this was a possibility and had his nurse help him find a metaphor for how silly it was to expect him to look at my MRI.... Read more »

Paul E. Tennison answered on Jun 5, 2019

If your review was accurate, he does not have a good case. The truth is a 100% defense to defamation due to the First Amendment right to free speech.

However, there is an important distinction here, even if he doesn't have a case, he can still sue you. At that point you will have to defend...
Read more »

1 Answer | Asked in Business Law, Small Claims, Consumer Law and Contracts for Florida on

Q: Legal action against company or person that does not really exist? Company said they were in NV. It doesnt exist.

I invested money for a profit return promise. No contracts were signed. Just some emails with acknowledgment. The person said to own company does not exist nor does the company

Bruce Alexander Minnick answered on Jun 5, 2019

Wow. If I had $100 for every sad story involving long-distance bad investment scams I have heard of here in Florida I would not have to practice law for my living.

Fact: Since most scams do not involve scads of money, scammers know that most of their hapless targets will just let it go and...
Read more »

1 Answer | Asked in Consumer Law and Small Claims for New York on

Q: Car repair place charged me $1000.00 for car repairs. Car is still doing the same problem. How do I proceed?

If their repairs didn't fix the problem do I still owe them for the repairs?

I will have them check it again to give hem a chance to make things right, however,

I don't want to owe them more money for additional repairs.

Need to know how to assert my legal rights so that I... Read more »

Michael David Siegel answered on Jun 3, 2019

If you paid by credit do a chargeback. Go back to the place and put complaint in writing. Your rights are impacted by how long ago you did original work.

1 Answer | Asked in Small Claims and Real Estate Law for Wisconsin on

Q: Which WI statute protects home buyers from undisclosed issues in the condition report of their home?

The seller of my home knew of diseased trees (received a bid for multiple thousands of $$) and did not disclose them on the condition report. I'd like to read the exact real estate legislation that I'm protected by.

Jason Anthony Greller answered on Jun 3, 2019

Take a look at Section 100.18

100.18  Fraudulent representations.

(1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for New Hampshire on

Q: Can a x gf whom moved out 3dys ago break into my house which i own an remove stuff with out me there?

Girl friend leaves me moves to another state 3 days later breaks into my house throu a window, gets her belonging, my sons which thers no court order on custody an takes some of my stuff... i called the cops an they said nothin they can do settle it in small claims...

Gary Kollin answered on Jun 1, 2019

If the only thing she took was her own property and no or little damage occurred to house, i believe they were exercising their discretionary authority to not pursue criminal charges

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on

Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... Read more »

Rolanzo Richard White answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity. Determining whether the money...
Read more »

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