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California Small Claims Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

The dealer did not even ask to finance the two vehicles I came to their lot in question about. He instead stated a hyundai was the only car the finance company would finance me in. It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late... View More

Leon Bayer
Leon Bayer
answered on Nov 2, 2024

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice -... View More

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3 Answers | Asked in Consumer Law, Construction Law and Small Claims for California on
Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back... View More

Leon Bayer
Leon Bayer
answered on Oct 3, 2024

I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills....
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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

Addendum - the burden of proof is on them to demonstrate that it was you who was there. Still, try to get that video - video footage almost always wins over eyewitness accounts. Eyewitness accounts are recognized by courts to have their shortcomings. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

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3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
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answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

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1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

1 Answer | Asked in Civil Rights, Probate, Small Claims and Landlord - Tenant for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Traffic Tickets, Domestic Violence, Municipal Law and Small Claims for California on
Q: What is the statute of limitations when car towed before 24hrs when they arrest the owner because they are mean

Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it

James L. Arrasmith
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answered on Jul 25, 2024

Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More

1 Answer | Asked in Consumer Law, Contracts and Small Claims for California on
Q: How do I go about this situation?

Hi, I purchased a car June 29th with no title. However the seller gave me smog certificate, DMV Bill Of sale Signed, & a dmv title replacement form filled out. I went to AAA to try and get the vehicle title transferred with all the paperwork I have minus the title. They tell me that the car is... View More

James L. Arrasmith
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answered on Jul 24, 2024

In your situation, the first step is to contact the seller again and request the proof of lien release from CarMax. Make it clear that you need this document to proceed with the title transfer and registration. If the seller is unresponsive, you might consider sending a formal written request via... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi I just moved out of an Apartment where I had deposited a security deposit of 1000 dollars

In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More

1 Answer | Asked in Small Claims for California on
Q: where do i file CIV165?
James L. Arrasmith
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answered on Jul 23, 2024

To file form CIV-165 in California, you'll need to follow a few steps. First, ensure that you have correctly filled out the form with all required information. You can find the form on the California Courts website or at your local courthouse.

Once the form is completed, make several...
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1 Answer | Asked in Child Custody, Landlord - Tenant and Small Claims for California on
Q: is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.

lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him... View More

James L. Arrasmith
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answered on Jul 1, 2024

I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided:

1. Rent refusal:

It's generally not legal for a landlord to refuse rent payments without proper cause. However, since...
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1 Answer | Asked in Small Claims for California on
Q: I left my airpods at an ex girlfriends house now and i quote "im not giving you your airpods back i dont wanna see you".

we already agreed that "i will get you your airpods back as soon as i can" but now she wont give them back.

James L. Arrasmith
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answered on Jun 27, 2024

This situation involves potential legal issues. Here's an overview of your options:

1. Communication: Try to resolve this amicably if possible. Remind her of your previous agreement and ask if there's a way to arrange a safe, neutral handoff.

2. Small claims court: If the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 26, 2024

There is a cap on the amount of damages for small claim cases. You may be able to amend your complaint, and then reclassify the whole case to the unlimited court.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are...
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2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I live in California can I file an unlimited jurisdiction in small claims court to request treble damage on 15k.

I have a slam dunk law suit against Bridgestone tire company

James L. Arrasmith
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answered on Jun 26, 2024

There are a few important points to clarify regarding your question:

1. Small claims court in California:

Small claims courts in California have a limited jurisdiction. The maximum amount you can sue for in small claims court is:

- $12,500 for individuals as of 2024...
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1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity...
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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: Small claims judge ruled without viewing my evidence. Can I have this thrown out? Reason?

Verbal contract to move my things to a person's backyard, save money. Management told me I had to move them as this person cannot enter into any contact while living in this senior mobile home park. I had to rent a second truck and 2 mire workers, as I'm totally disabled. I have good... View More

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, it seems you have concerns about the process in your small claims case. Here's a general overview of your options and some points to consider:

1. Small claims court procedures: Small claims courts typically have simplified procedures, and judges may...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:

1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product...
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1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for California on
Q: what can i do to have charges against a roommate who stole $2,200 from my boyfriend and also hired someone to

come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:

1. File a police report detailing the theft and...
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