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Small Claims Questions & Answers
1 Answer | Asked in Criminal Law, Consumer Law, Landlord - Tenant and Small Claims on
Q: Would I be liable for negligence if I accidentally let someone into a secured parking lot, and they committed theft?

Suppose I had access to a secured parking lot that required me to use a fob to open the garage door. I drive in after opening it, but someone behind me sneaks in before the door closes again. I don't realize that happens. The person later commits theft. Would I be liable for the theft? Would the... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 13, 2019

Such situations are fact-intensive and would require evaluation of all details. Further, there would be other factors that attorneys often consider before looking to the innocent mistake of an individual who didn't realize they were being followed. These could include premises insurance, lighting,... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: trying to collect a debt from a small claim decision in my favor
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 12, 2019

First, you get the court to order that the judgment debtor complete a fact information sheet. Once you have that information, you proceed to levy upon whichever non-exempt assets the debtor may have.

1 Answer | Asked in Small Claims for Indiana on
Q: I found out a friend who was keeping my parrots gave them to a rescue without contacting me to get them back.

She has not answered her phone and seems to have up and moved away. She gave them to a bird rescue, where he acknowledges the birds are mine (we messaged and talked by phone) but says I have to legally go after her, not him. I have proof in writing that this woman and I had an agreement and that... Read more »

Anitra Walker
Anitra Walker answered on Dec 10, 2019

Based on the facts, it appears you do have a civil claim for approximately 1600.00 against your friend. The problem is you will need to locate her in order to effectively bring the lawsuit. Also, if you believe she lives in the state of Indiana, the lawsuit will need to be filed in Indiana. The... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Texas on
Q: How can I stop an old house guest from causing trouble?

I had a house guest that used to live with me but my landlord kicked her out because she was causing trouble among the neighbors and overstayed her welcome. Now she's mad and wants revenge. She isn't allowed on the property anymore but she was recently seen with a police writing all of our license... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 9, 2019

Thanks for your question and I am sorry for your troubles.

Once a person has been warned that they are no longer welcome on property they can be prosecuted for criminal trespass so you may want to consider calling the authorities if she shows up again. If she has made threats to cause...
Read more »

2 Answers | Asked in Collections and Small Claims for Michigan on
Q: On April 2, 2012, when I was on disability, I had a auto loan & returned a vehicle, 'cause I couldn't afford it no more.

On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... Read more »

Trent Harris
Trent Harris answered on Dec 9, 2019

It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when... Read more »

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1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Virginia on
Q: Can we file a lawsuit against Ashley furniture for false advertising and misinformation?

We purchased bedroom and dining room furniture from Ashley furniture about a year ago. The furniture's cost us about $8000 plus insurance coverage of $600. In about a year, the coating of the furniture has been peeling off, the chairs legs are lose and the joints are broken. We reached out to... Read more »

Robert R Weed
Robert R Weed answered on Dec 3, 2019

Virginia has some of the weakest consumer protection laws in the country.

One place to look for a lawyer who could be able to take it on is National Association of Consumer Advocates. https://www.consumeradvocates.org/find-an-attorney

1 Answer | Asked in Small Claims for Nevada on
Q: Laws on broken ratchet straps and falling loads?

Accident caused by falling dryer due to broken ratchet strap

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

In virtually any jurisdiction, the owner/operator of the vehicle from which the dryer fell would be liable for accidents caused by the dryer and its debris trail. In the event of strap/ratchet failure due to defect (and not ordinary wear and tear that should have been recognized by riggers or... Read more »

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for South Carolina on
Q: does one get in trouble for making too many 911 calls over noise complaints that are unfounded?

My friend’s neighbor in the apartment under her calls the cops on her probably once a month for having her TV too loud. I have been in her apartment when it happened. Not only was it not loud at all, it was in the middle of the afternoon on a weekend. Apparently she is known to do this with all... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 1, 2019

It is not unlawful to call 911 to report something like this but here is the statute on the unlawful use of 911 which might clarify what could make it unlawful suck as making a false report to 911.

SC Code § 23-47-80:

It is unlawful for a person anonymously or otherwise to:...
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2 Answers | Asked in Insurance Bad Faith and Small Claims for California on
Q: Is it too late for me to hire a Personal Injury Attorney to negotiate my claim with insurance co.?

I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... Read more »

Alexander Bakhache Perez
Alexander Bakhache Perez answered on Nov 30, 2019

Is it even worth it is the question, the costs are going to be more than the case is worth at this time.

Do the small claims case on your own if you wish or just settle and offer the doctor half his bill and show him what is the offer.

Delay in treatment and not going the urgent...
Read more »

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1 Answer | Asked in Small Claims for Georgia on
Q: How do I find a lawyer for a auto dispute
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to assist you. We are glad to help you. Contact us soon. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Small Claims for California on
Q: what steps need to be taken in order to file a claim against my ex partner for domestic violence, and false allegations.

My girlfriend of over 2 years has continuously abused me physically emotionally and mentally and financially. These last couple off months she has got me evicted from her moms house where i was paying rent working around the house and paying all the bills where she paid nothing. Her and my landlord... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 27, 2019

more info needed.

because of your financial situation, i doubt you can find a lawyer, as they would want to handle it on an hourly...not a contingency.

However, you can go to small claims where you can sue without a lawyer and get into court in a relatively short period of time....
Read more »

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for New Jersey on
Q: Storage facility changed lock - unit fully paid - Preventing access to contents.

New Jersey - Storage unit leased to an llc,

    Owner deceased, estate admin and employees of the deceased's llc have been ensuring unit is paid monthly while sorting contents.

-Nov 17 unit lock changed discovered

-Nov 21 Facility management contacted and offered "unit... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2019

I don't know of any lawyer that would take a case like this on a contingency basis

2 Answers | Asked in Divorce, Family Law and Small Claims for New York on
Q: How do I violate/file against my ex for not following our divorce decree to take my name off the mortgage?

2 years Divorced. Ex was awarded home in divorce decree. We (myself and he) agreed he could have the house provided HE pay all the transfer fees associated with removing my name from the mortgage. He even provided a notarized statement to the judge that he would remove me from the mortgage after... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 26, 2019

You need to file a post judgement divorce proceeding seeking enforcement and contempt

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2 Answers | Asked in Real Estate Law and Small Claims for Alabama on
Q: My grandma died and my wife and I have been living I her house for 7 years and now my dad is trying to kick us out

Can he put the house in his name

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

That depends on a lot of different facts. Did your grandmother leave a Will? Is your father her only heir? I strongly recommend that you seek the advice of an experienced attorney.

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1 Answer | Asked in Small Claims for Florida on
Q: What area of law should Plaintiff hire for labor theft by contract deception?
Tim Akpinar
Tim Akpinar answered on Nov 24, 2019

From the brief description, it isn't fully clear what the issue is. If people are leaving for another employer, as a general matter of public policy, people are usually free to do that, outside of contractual exceptions. If someone is deliberately doing things to undermine your business... Read more »

1 Answer | Asked in Bankruptcy, Identity Theft and Small Claims for Texas on
Q: I was a victim of an online scam that pretended to be a job, they scammed me and a buyer on PayPal and now I am in debt.

I was a victim of an internet scam where they claimed to be a job, and my job was to be a representative for a company called Megameda.pl, which is a huge auction site. I did research and I found out they were lying the whole time and were using my information to scam people this way it landed all... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Report this to the authorities and let them investigate and pursue it for you. That way, you’ll be protected if anyone ever comes back to you for payment.

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