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California Small Claims Questions & Answers
2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: I paid a debt off to a creditor who had several attorneys file against me - we paid off the bad debt but still not clear

We do not show the debt as settled the creditor is still saying we owe they filed two different cases against me for the same debt?

Daniel Timothy LeBel
Daniel Timothy LeBel answered on Feb 20, 2020

Dear consumer,

It's unclear what your question is here. If the debt is paid off, there should be no further action. Regardless, there should only be one court case based on a single debt.

It sounds like you should contact a legal services organization or clinic or a private...
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3 Answers | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for California on
Q: Could a debt collector try to collect on debt that is 8yrs and that was included in a bankcruy?
Donald M Barker
Donald M Barker answered on Feb 12, 2020

He can "Try" all day long. However, due to the BK and most likely the Statute of Limitations on collecting original debt, he has no legal standing to collect via judicial proceedings.

Send him a "writing," instructing him not to contact you again, and he must stop, by law.

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2 Answers | Asked in Civil Litigation, Consumer Law and Small Claims for California on
Q: Can I video a conversation with my phone at a business that has cameras everywhere and notices I am being recorded?

I was at a towing company trying to recover my car and I recorded my interaction with their employee at the front counter. There are cameras everywhere and notices that I am being recorded. Can I record my interaction and can I use that in small claims court? The tow was illegal and they did damage... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 8, 2020

Sounds like you already did. What's good for the goose is good for the gander...

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2 Answers | Asked in Contracts, Lemon Law and Small Claims for California on
Q: breeder rights in CA? buyer refuses to pay for Puppy. what rights do i have in CA as a breeder to get payment?

Buyer came and purchased a puppy from me with a check. after a Day he informed me that the puppy was ill with kennel cough and stopped payment on the check. the buyer has not provided any information from a vet showing that the puppy is ill and refuses to bring the puppy back for a refund or to... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 4, 2020

On the assumption that the puppy is valued at less than $10,000 … first, schedule an initial free consultation with an attorney by video call or telephone call … then, you will want to file a small claims court action as soon as possible.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

2 Answers | Asked in Small Claims and Civil Litigation for California on
Q: When a.tow company has your vehicle and its yard, are they responsible for keeping your vehicle and its contents secure

My RV was towed because they've been in the same spot more than 72 hours. The tow company who is contracted with the police department has it in their locked yard. it has been broken into ransacked and a bunch of personal belongings have been stolen. My question is is the tow company liable for my... Read more »

Donald M Barker
Donald M Barker answered on Jan 27, 2020

Yes, if the Tow Yard knew, or should have known, of a risk to property in its control/possession, or if Two Yard failed to take "Reasonable" steps in storing a vehicle, the Tow Yard may be liable.

Reasonable: Locking vehicle inside locked/gated tow yard--Unless prior knowledge of theft in...
Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Small Claims and Personal Injury for California on
Q: Need an attorney against pastor of organization that discriminates and put our lives in danger.

Me and my daughter went to a religious women home to split rent and be part of organization.

We discussed rent amount moved in

Shortly realizing his tenants Below did not appreciate him moving me and my daughter in the home and started harassing us started coming to the home late... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

IF YOU HAVE NOT BEEN INJURED THE POLICE WILL SAY IT IS CIVIL.

IT IS NOT MY AREA OF LAW AS YOU ARE INQUIRING ON A PI FORUM.

YOU WOULD PROBABLY HAVE TO GO TO LEGAL AID OR FIND A PRO BONO LAWYER.

HOWEVER, WHY WOULD YOU WANT TO STAY THERE?

1 Answer | Asked in Small Claims and Personal Injury for California on
Q: Do I have a case? Was assaulted and robbed after exiting the bank. It was fully captured by bank surveillance

Had knocked down to the floor and go ER for examination.

Any claims that I can file against the bank?

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2020

more info needed.

if you are talking about the bank i would think when you leave the establishment their liability ceases...however you could make that argument.

i would never take a case like this but some lawyer might.

2 Answers | Asked in Consumer Law and Small Claims for California on
Q: I am a Truck Driver which drove from California to Connecticut. On my way back, the company's bank repossess the truck

Do I have any rights as a consumer to receive my money for completing a job. I was told the individual that works as the accountant took the money that was suppose to pay for the truck therefore not paying me for a job I completed. Need your help...thank you in advance.

William John Light
William John Light answered on Jan 2, 2020

If you were an employee, you can file a claim with the Labor Commissioner in the state where you were hired to do the job. If you were an independent contractor, you can sue in Small Claims for up to $10k (in CA). You would sue the person who was supposed to pay you, not the accountant.

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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...
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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, Small Claims and Social Security for California on
Q: disabled person rights on repossession of car in california far away from home left stranded

with wallet and cash still in car was so scared was sick for days told the tow people that i just need my wallet and meds even had police officer call and nope was stranded hungry scared in not so good neighborhood my disabled placard was showing correctly, I could of had another stroke or worse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm sorry for this terrible experience, given your disabled condition. A California attorney could advise best but your question remains open for four weeks. If you have medical documentation of the sickness/injury you suffered here, such as ER visit or doctor examination, gather them and see if... Read more »

1 Answer | Asked in Small Claims for California on
Q: Suing former roommate for lease break fees.
Tim Akpinar
Tim Akpinar answered on Oct 28, 2019

It looks like your question may have gotten left off in uploading. You could try reposting. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

2 Answers | Asked in Civil Rights, Consumer Law, Personal Injury and Small Claims for California on
Q: Car i was driving Repoed it was clearly marked disabled placard left me stranded with no means my wallet in the car

This is not my car. SoI had sheriff call and thats when we found out it was 9 am in morning I called to explain that I just need my wallet and things and they refused told me to come to yard at 4:30 pm I am disabled and sick that there was no way to get to yard or home or any place safe that they... Read more »

William John Light
William John Light answered on Oct 13, 2019

Being disabled is not a defense to having your car repossessed.

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1 Answer | Asked in Civil Litigation, Small Claims, Criminal Law and Civil Rights for California on
Q: HEAT Team officer not in distinctive vehicle, uniform nor a badge. In pursuit. I have photos, to prove.

I got away fiance in custody still. Since 6/23/19. Cop admits to breaking law by saying not in uniform. He didn’t show up in court. The judge keeps continuing court no deal offered, or bail reduction. Ineffective assistance of counsel. I’m witness but never on police report. I took the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info needed.

i assume you have a private or court-appointed lawyer (public defender?

that is who you should direct your questions as s/he has all the info in front of him/her.

after reading the police report your lawyer may agree with you and file the necessary...
Read more »

3 Answers | Asked in Small Claims and Criminal Law for California on
Q: 2 boys about 10 and 13, were shooting my family and house. I hit one can i go to jail, im 15

Long story short, the 2 boys shot my brother and I, almost shot my sisters (the youngest of us) broke a window, stole a skateboard and snapped it. After that i chased the older one on my bike about 30 ft stopped him, pulled him off my bike and slapped him. After that I smashed it on the ground and... Read more »

William John Light
William John Light answered on Sep 12, 2019

Perhaps. You have the right to use reasonable, proportional force to defend yourself and your property. Penal Code section 198.5.

At the time you struck the boy, you were not engaged in self-defense. He was fleeing and you chased him down. You were meting out punishment. Whether there...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Small Claims and Banking for California on
Q: Hello. Amazon made a mistake and sent the money that was supposed to be refunded to me to a bank in Brazil.

I used a credit card that is no longer active to make a purchase. Some time later I needed to return the item and contacted Amazon to see if I could have my refund routed to another car. They proposed to send the money (1.300.00) to a gift card.

I asked for them to guarantee it would not be... Read more »

William John Light
William John Light answered on Aug 29, 2019

Small Claims is a good option for a $1,300 claim. Or you could contact the credit card company to find out what it can do about the money that was refunded to your card that is "not active". Unclear what that means, by the way. Is it a card you don't use, or a card that you formally closed the... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for California on
Q: Who is responsible for late/penalty fees from dmv at the time of sale? Or after the sale?

At the dmv i found out there was a $900 balance owed for penalty fees due to not being registered for 2 years. The seller says it's my truck now and i bought it "as is"

Do i have to pay the $900 to get the truck in my name? Oh and there is an illegal 2019 sticker on the plate...

William John Light
William John Light answered on Aug 18, 2019

"Penalties may be waived upon payment of the registration fees due when a transferee (including a dealer) applies for transfer and it is determined that the registration penalties accrued prior to the transferee’s date of purchase and the transferee was not aware that the registration fees for... Read more »

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