Get free answers to your Small Claims legal questions from lawyers in your area.
Your current state is Virginia
I understand the court needs it but unsure if receiving attorneys do
answered on Jan 21, 2025
As Mr. Kaufman alluded to, the fact that you have asked this question means you have not read the applicable Rules of Court, much of which a layperson can understand, and the rules regarding documents that must be served and method of service are definitely understandable. Your inquiry category is... View More 
Attorneys grounds for withdrawal are said to be medical issues.
If I have to pay another attorney to familiarize themselves with my case, does that not make at least a large portion of my withdrawing attorneys fees that have been charged useless? It appears malicious to send a bill using... View More
answered on Jan 13, 2025
Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did,... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
answered on Jan 13, 2025
Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
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answered on Jan 17, 2025
I'm sorry to hear about the significant pain and challenges you’ve been experiencing. Situations involving health issues from consuming a food product can be overwhelming, and understanding your legal rights in this matter is an important step.
In New York, pursuing a case against a... View More
I recently experienced an issue at a car wash where my car key was broken while in their possession. The manager notified me of the damage and suggested I quickly find a locksmith as the car wash was closing soon. My car was pushed outside into freezing temperatures, which I was not prepared for.... View More
answered on Jan 15, 2025
As you already identified in your post, small claims could be the most economical route here in terms of recovering monetary damages. You could consult with attorneys to discuss their handling of the matter, but it would be important to learn beforehand how a firm would handle things. If a law firm... View More
We woke up the next day after a storm with high winds and found our car damaged by a porta potty that was originally down the street. The porta potty ended up in our yard/against our car. We contacted the porta potty company, who is offering only half the cost to repair the car. This is a new build... View More
answered on Jan 7, 2025
Determining liability for the damage caused by the porta-potty during the storm can be complex, and it largely depends on several factors, including contracts, local laws, and whether negligence was involved. Here’s an overview of the potential liable parties:
1. Porta-Potty Company:... View More
It has no air bags due to being wrecked & taking it to dealership is only option to fix, & it also has a bad transmission! & Frame is damaged But was told it was a safe reliable vehicle! What can I do legally? My 13 year old ride's in this car with no air bags & he was injured... View More
answered on Dec 30, 2024
Assuming the vehicle is used from the nature of your question, you may have a remedy under any warranty you received or bought at the time of the transaction. If you did not receive a warranty, most used vehicles are sold as-is. So you would not have a remedy against the seller. Many people who... View More
I was sued by a credit card and i did every correctly. My date to appear was Dec 5 2024 they filed a motion of default judgement against me in Nov 11 2024 which i was unaware of. i appeared in court and they were only on the phone i guess seeing if i appeared. they asked for a continuance. i guess... View More
answered on Dec 6, 2024
If you have not done so already, you should file a written answer to the company's petition in the court. If you contend you have made any payments not reflected in the petition, you are required to affirmatively plead payment stating the date, amount, and method of payment. Otherwise, you... View More
Landlord: Michael Just to clarify you agree to move out tomorrow 11/8/24 if I return your prorated rent for the remainder of the month, and your security deposit after inspection of the room (as explained in the rental agreement), and you will not pursue legal action. Is that correct.
Me:... View More
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answered on Dec 5, 2024
The subsequent agreement will govern, and you can likely be even more confident that this is the result by reviewing the subsequent agreement for an integration or "whole agreement" provision. This provision is likely to be in most formal agreements (this is more likely if attorneys... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More
answered on Dec 3, 2024
Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.
As community property, you and your husband should mutually instruct the closing... View More
I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.
The landlord filed a motion-to-vacate the Court’s ruling,... View More
answered on Dec 4, 2024
I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More
answered on Dec 1, 2024
"...if you don't read anything more into it". In the law, there is always more to read into it.
Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or... View More
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More
answered on Dec 2, 2024
Unless a witness is giving testimony at trial, court proceedings are generally NOT under oath. They are transcribed, and lawyers have an ethical duty to tell the truth in all court hearings. In sum, if it's a pre-trial conference, settlement conference, motion or other non-trial hearing,... View More
I have a friend who borrowed a lump sum of money and is not paying. I’m wondering if it is possible to take them to small claims court even though we do not have a signed agreement.
answered on Nov 22, 2024
A Washington attorney could advise best, but your question remains open for three weeks. It could depend on what additional proofs exist that a loan was made - notes, emails, cancelled checks, etc. 'No guarantees in a case like that - it could depend on the quality of the evidence, the... View More
He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More
answered on Nov 22, 2024
Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.
Your attorney can file a... View More
When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone
answered on Nov 21, 2024
Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?
Best practice in the future would be to only allow access... View More
I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More
answered on Nov 19, 2024
You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More
I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.
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answered on Nov 16, 2024
The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.
PayPal is obligated to give you a refund if... View More
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