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Small Claims Questions & Answers
1 Answer | Asked in Small Claims for South Carolina on
Q: Nephew's wedding was cancelled. Photographer will not refund. No contract was signed.

It was booked in January 2019. Photographer has also been charging them for emails, texts, and phone calls which was never disclosed. What can they do?

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

A complaint can be filed in magistrate court as long as the amount is less than $7,500.00 and present this issue to a magistrate to resolve. It would probably be a good idea to speak with an attorney in your area to see if they might be able to help you with this. In some cases attorneys will take... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take my loss... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 7, 2020

What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let... Read more »

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1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... Read more »

Matthew Williams
Matthew Williams answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this point, you... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: Can I be evicted if someone starts an argument with me?

So today these new neighbors in my apartment complex decided to let their son like 6 or 7 pee next to my car and not only that but in front of my 7 year old daughter who already has issues and I told the mom hey can you please not let him do that by my car or in front of my child and she then... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

This is not a criminal law question.

1 Answer | Asked in Real Estate Law and Small Claims for Ohio on
Q: How do permit bonds work to protect homeowners needing repairs?

I purchased my home in November 2019. I was told the roof was replaced in September 2019. Before purchasing the home we noticed a small leak around the chimney, which was to be repaired before the home was transferred to us. Now the roof is leaking again. I had a roofing company look at the roof... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 2, 2020

Just wrote an article on this: https://www.npweisslaw.com/blog/clevelandrooferbondclaim. The short version is you need to find out who the bond company is and make a claim on the bond. Your municipality will have that information so long as the contractor was registered with the municipality.

1 Answer | Asked in Divorce and Small Claims for Indiana on
Q: If my ex husband agreed in the divorce to take responsibility for our debt for apartment can they still come after me?

Me and my ex husband got evicted back in 2015 went to court they won, I haven't worked since the court ended in 2017 well they are trying to say I work which I don't but take me to court for money well at the time of mine and my ex husband court date he agreed to take full responsibility of the... Read more »

Troy Tyson
Troy Tyson answered on Apr 1, 2020

Yes, unfortunately, the apartment can still come after you for the debt that you signed on for with your husband, and any of your other creditors for the same type of situation can also come after you. While your divorce agreement is a court order and does make your ex-husband liable for the debts,... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Wisconsin on
Q: Rental next door-Constant noise. can I sue the landlord
Jason Anthony Greller
Jason Anthony Greller answered on Apr 1, 2020

Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quiet enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.

1 Answer | Asked in Landlord - Tenant and Small Claims for Wisconsin on
Q: Can I sue an honor for not stopping noise from his tenant?
Jason Anthony Greller
Jason Anthony Greller answered on Apr 1, 2020

Generally a landlord is not liable for noise caused by a tenant unless the complaining party is another tenant in the same complex who is being denied quite enjoyment of their unit. Otherwise, noise complaints are properly directed to local law enforcement.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

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2 Answers | Asked in Car Accidents and Small Claims for California on
Q: Is this Illegal??

My ex pony friend and I were together for 7 years and have a 4 tour old together. 3 months into the breakup j had crashed into a pole and CHP hauled away my car that’s in his name away with my belongings. My ex got it out that day and isn’t returning it. He kept my purse, ID,cash, new laptop,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

more info needed.

though car in his name, was it given to you? did you register? did you insure it?

i assume his position is that he just let you use it but did not gift it to you.

who pays registration and insurance and repair costs?

he lied but that is not illegal,...
Read more »

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1 Answer | Asked in Small Claims and Civil Litigation for Ohio on
Q: Ex girlfriend is driving a truck in my name. Can I make her pay the loan off so I can transfer out of my name?

My ex girlfriend and I separated in June 2019. The truck she drives is in my name (loan and insurance). She has been making the monthly payments on the loan and insurance, but I want to get everything out of my name to protect myself since we are not together. Her previous car was also in my... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

If yours is the only name on the title to the truck, then you are the owner, and you can go get it back. Then you can sell it to pay it off.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Will I be able to get my money back?

I hired a dress designer who gave me a deal on a dress where if I referred two people the dress would be half off. I did the promotion paid her $975 and she insisted i hadn’t completed the promotion and if I wanted the dress I would have to pay $825 more. She sent me a video of the dress and the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

When the courts reopen, you can file a small claims case.

1 Answer | Asked in Small Claims for Oregon on
Q: Do I have to pay for the satisfaction of judgement paperwork to be notarized for the person who sued me?

I was involved in a small claims court case. There was a judgement filed against me. After 2 years I finally had the money to send them in full with interest. I sent them a cashiers check, along with a prestamped envelope to send back to me so I could deliver it to the court. They mailed it back to... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 31, 2020

Really? You want to fight over the cost of a notary? The Covid-19 situation may impede the processing of the Satisfaction of Judgment but it is the creditor's obligation to file the satisfaction with the court. You should just stay out of it, beyond demanding that they file the document of... Read more »

1 Answer | Asked in Small Claims on
Q: Hello. I’m wondering what the deal is with cases where a by law has not been written up yet. Can I still be charged ?

In this case, we are told that we are not allowed in Halifax to use the parks and trails. I cant find it written anywhere so does this mean if I fought it in court I would win? This is all in light of the recent covid outbreak. Nothing that I can find in writing!

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

An attorney who practices in Canada, preferably Nova Scotia, would be best qualified to address your matter. You raise a valid point about the effective date of a law, but the current crisis has created extraordinary circumstances on an international level. Emergency measures are being implemented... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Small Claims for California on
Q: i have been staying at this hotel in cali for 2 months same room never checked due to coronavirus I cant pay

becuase i cant work on the 22 I was told I owe 250 in which the manager wouldn't give me my receipts because I would get lawyer then the police were called to remove me I told them what happened they said to be out by the next day and left thats when the hotel manager said she was wrong I owed... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 29, 2020

I can't even make out what your question is. You can't go anywhere due to the coronavirus restrictions, so just stay where you are. The hotel will get paid eventually by the government, so there's no reason to worry about anything.

Always be polite with the police. And try to be reasonable...
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1 Answer | Asked in Small Claims and Real Estate Law for Oklahoma on
Q: My mother passed in January, she was single and I'm her only child but there's no will stating who gets the house. What

Do I do? Or have to do to get my Mother's house?

Matt Fleischer
Matt Fleischer answered on Mar 28, 2020

I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I get my $ back from a venue that cancelled my party because of COVID-19?

I paid in full and the owner of the facility states the $ is not refundable. Contract states $ is nonrefundable if the client (me) cancels or postpones the party. I did neither.

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 24, 2020

It's a contract question, so, go to show your contract to a contract dispute attorney.

You sound like you are in the right, but, like most of us have heard since we were very

small, "possession is 9/10ths of the law." and HERE, the other guy does not want to

voluntarily...
Read more »

1 Answer | Asked in Products Liability, Business Formation and Small Claims for Texas on
Q: Quick question, I have not received my refund for almost four months from Adidas. I've called them more than 3-4 times!

But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... Read more »

1 Answer | Asked in Small Claims for New York on
Q: Can I get $ from the lube shop and/or the bank responsible for the driveway shearing off my heat shield?

Lube shop left my heat shield loose then an uneven bank driveway sheared it off. The atm was broken no transaction there.

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

It could be a difficult case to prove. The time and cost of surveying/measuring the curb cuts for the driveway, and presenting in a credible and impartial manner to the court could run more than the heat shield replacement. And the delays resulting from pursuing a legal course of action, as opposed... Read more »

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