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California Small Claims Questions & Answers
1 Answer | Asked in Small Claims for California on
Q: I have a 30 day exit clause with a client. They cancelled our agreement on the 9th. Do they owe me for the next month?
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

It's unclear what type of agreement this is, however the terms of the contract will generally govern. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice... Read more »

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: Can I sue someone for "snooping" around my house? Nothing was stolen, just looking threw my stuff.

I have a restoration company I gave permission to come into my home and do repairs. They sent out a guy who was snooping threw my cabinets and looking threw my house.

James L. Arrasmith
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answered on Sep 12, 2022

Yes, you can sue for trespassing.

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Who should I name as defendant in CA small claims case

I paid cash for a used motorcycle from a repair/dealership owned by someone I have known a long time. The owner himself sold it to me. I gave him the cash, he gave me the title and keys. Done deal right? Well turns out the title he gave me was 'invalid'. I found this out after bike was... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

nAME BOTH OF THEM, AND LET THE COURT DECIDE.

1 Answer | Asked in Collections and Small Claims for California on
Q: Hi I am being sued by Capital one, in 2020 during the pandemic my wages were reduced, and I fell behind. Can you help?

I was up to date with payments with them until I just couldn't even afford the minimum payment. I was barely able to pay my rent. I work in the restaurant industry, and it was hit hard. I did try to work out something with them but what they wanted I still couldn't afford. I stopped... Read more »

Leon Bayer
Leon Bayer
answered on Sep 1, 2022

The restaurant industry was hurt terribly, (and unnecessarily in my opinion), by government regulations and forced closures.

I suggest you visit a bankruptcy lawyer immediately, for a consultation. Most of us BK lawyers do not charge you for a consultation. I can't say at this point...
Read more »

2 Answers | Asked in Car Accidents and Small Claims for California on
Q: Can I claim diminished value for a leasedcar?

On 4/15/2022, I was at the Mercedes Benz car dealership discussing my lease end agreement. It was decided that I would return it/sell it back to the dealership the following week. As I was leaving the dealership, I was rear ended when I was at a stop. After my car was repaired by an authorized... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2022

In answer to your question, the owner of the vehicle has the diminished value claim. If you did not own it since you leased it, you do not have a diminished value claim. That said, if I misread your post and you did own the vehicle at the time of the wreck, then you should be able to assert a... Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: My ex has some of my belongings in his storage unit. He now has let it go to lein how can I get access to get my things?

If I make a police report of stolen goods will they get the storage place to let me in?

James L. Arrasmith
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answered on Aug 16, 2022

You can contact the storage unit and inform them that some of the property contained in the unit is yours and that you are entitled to it. They cannot have a lien on property that you did not authorize to be in there.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Can I sue somebody for this?

I hired somebody to build the back part of my semi truck. The price agreed was $38,000. Throughout the past months I have sent him 30,000 for material & labor. The work was supposed to be completed 2 months ago. I learned that he has not bought material or started any work on it at all and that... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jul 22, 2022

Sure, you can sue. Most attorneys are likely to want a similar amount of money, or at least five figures I'd guess, to get this started for you, and hope in the end to be able to get some money from the 'bad guy' towards atty fees, but, there are no guarantees. The BAR has initial... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: How do I enforce a small claims judgement for $10,000 on a person refusing to pay?
Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 15, 2022

There are several ways. You can get a writ of attachment issued by the court to place a lien on the debtor's home or other real property asset. You can get a writ of execution and a wage garnishment order to take a percentage/amount from each paycheck from the debtor, or you can ask the... Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Hi, wanted to know if I have a case. I paid a guy to work on my car. He's bought the parts but never worked on my car.

I have all conversations saved. Can i sue to get my money back from this guy?

Dale S. Gribow
Dale S. Gribow
answered on Jul 12, 2022

anyone can sue at any time.........will you win is one of the issues............AND

can you find a lawyer?

In addition, will the legal costs be more than the damages.

anything in writing?

had it happen to me with tiles/bricks..........if you sue in small claims court...
Read more »

1 Answer | Asked in Consumer Law and Small Claims for California on
Q: A company advertised a product as "free" and "no strings attached" but charges for non returns, is that false advert?

A company recently charged me for unreturned equipment that was given for free with no strings attached. The terms and conditions does not specify this particular product which is not owned directly by the entity. The entity advertised the equipment as free and no strings attached. I never paid for... Read more »

Leon Bayer
Leon Bayer
answered on Jun 21, 2022

How did they get paid?

2 Answers | Asked in Consumer Law, Lemon Law and Small Claims for California on
Q: Can I have dealership remove paint protection and gps theft protection add on?

Dealership added warranty, paint protection, and gps tracker on the contract. The contract was already signed, we were able to have the warranty removed, but not the paint protection and gps theft protection as they said they are required when buying new vehicles from their dealership. Is this true... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

You have asked a good question which should serve as a warning to all consumers: Read the contract before you sign it.

I think I can guarantee that if you had complained before you signed, those add-ons would have been removed. The dealer's explanation is simply bs to lull people into...
Read more »

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1 Answer | Asked in Criminal Law and Small Claims for California on
Q: I sold a compressor to someone and they issued me a check. The next day they put a stop payment on the check.

What laws were broken, What legal action can I take?

Dale S. Gribow
Dale S. Gribow
answered on Apr 26, 2022

more info is needed.

did they stop payment and return the compressor?

why did they say they stopped payment?

of you think you have been wronged, you can file in small claims for up to $10k...without a lawyer

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Small Claims for California on
Q: Hello. I wanted to know if I have a case or a changing of winning a case?

So, I loaned my ex boyfriend $4500 back in October 2021 and he promised he would pay me back monthly but has not. He has made false promises(I have text messages) month after month that he would pay me but then he doesn't. This has screwed up my credit and put a financial burden on me. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2022

Consider small claims court where you may represent yourself.

1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: I need a lawyer who can take my case with no money. My roommate stole my title and registration to transfer in her name

Now it's her vehicle and I have to sue . Is this right?

Julie King
Julie King
answered on Apr 21, 2022

If your car is worth $10,00 or less, you can sue her in Small Claims Court, which does not allow lawyers. It's somewhat like "Judge Judy" in that people answer judge's questions without a lawyer present. Most courts have a self-help section on their websites and self-help... Read more »

1 Answer | Asked in Small Claims and Bankruptcy for California on
Q: I have to clear two expired; unsatisfied judgments. To negotiate a settlement, what type of lawyer do I need for this

I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »

Leon Bayer
Leon Bayer
answered on Apr 18, 2022

A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.

2 Answers | Asked in Bankruptcy, Criminal Law, Landlord - Tenant and Small Claims for California on
Q: It's been about 9 months since a UD case was dismissed. I was intentionally defamed, discriminated, falsely snt to Co

His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 11, 2022

this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.

However, if he is a flake, you may be throwing good money after bad.

a lawyer will not likely take on a case like this on a contingency.

instead, you will pay on an hourly basis.

if you...
Read more »

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1 Answer | Asked in Consumer Law, Small Claims and Contracts for California on
Q: Is Novation agreement possible without original debtor?

I’m a creditor.

Original debtor John cannot be reached at all.

His relative Michael is willing to take over the debt through installments, and he wants to do an agreement which guarantees that John’s debt is transferred to him, so John is no longer owes me(creditor) anything.... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

You can assign debt from one debtor to another, but the problem is if you cannot find the one willing to take on John's debt you won't be able to get the assignment completed/signed. You might need to hire an investigator/skip tracer to find Michael first.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Small Claims for California on
Q: Ice and snow fell on my vehicle at a business causing damage and their insurance saying not at fault. What can I do?

I was at a drive through coffee shop in Flagstaff, Arizona. It was warming up that morning and the ice and snow melted and slid off the business’ roof which ended up landing on top of my hood causing damage.

I filed a claim with their insurance (Chubb) and they came back and denied my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

You may have a bad faith claim for denial of your claim, but it will likely depend on the terms in the business insurance policy. However, even if the insurance policy won't cover your loss, you may still be able to sue the business for negligence for your damages, but you will likely need to... Read more »

1 Answer | Asked in Car Accidents and Small Claims for California on
Q: Witness submitted a false statements.

I was involved in accident in CA with no injuries,the street where the accident occurred is has a middle lane the two yellow lanes.I was inside the middle lane when the accident occurred.I was there with the other driver and a person across the street with 0% visibility of the accident site which I... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 24, 2022

this is why victims retain a lawyer.........

you should have shared the video with your ins co........shame on you.

yes, I would re-contact them.

your rates will go up if you are more than 50% at fault.

1 Answer | Asked in Collections and Small Claims for California on
Q: Did I get served legally

I just recently picked up mail from my boyfriends grandma from time to time I still get mail there since I used to live there. I honestly don’t go there after usually just Christmas and thanksgiving and a random couple times a year. Well I haven’t been there since Christmas 2021. Apparently... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Mar 24, 2022

What is called "Substitute Service" in CA is legal. Basically it says that if a process server goes to your home or your work in an effort to serve you personally but is not successful, after at least 2 attempts, they can give it to a "substitute" (person must be at least 18... Read more »

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