Get free answers to your Small Claims legal questions from lawyers in your area.
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More 
answered on Dec 2, 2024
Unless a witness is giving testimony at trial, court proceedings are generally NOT under oath. They are transcribed, and lawyers have an ethical duty to tell the truth in all court hearings. In sum, if it's a pre-trial conference, settlement conference, motion or other non-trial hearing,... View More
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More
answered on Dec 1, 2024
"...if you don't read anything more into it". In the law, there is always more to read into it.
Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or... View More
When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone
answered on Nov 21, 2024
Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?
Best practice in the future would be to only allow access... View More
My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More
answered on Jul 23, 2024
You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More
The defendent borrowed money verbally (in-person) from a friend with no set date to pay the money back nor any agreement on paying interest if not paid back fast enough. The plaintiff is now angry that we did not pay back fast enough and is claiming we owe interest and is taking us to small claims... View More
answered on May 14, 2024
In small claims, the discovery rules differ. By their nature, small claims court is just the real-life version of what you may see on those daytime courtroom TV shows: the parties show up and plead their case right then and there. In more formal proceedings, there would be pretrial discovery,... View More
I bought my home from him and he also abandoned his vehicle on my property.
answered on Feb 29, 2024
Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More
I bought supplies from Lowes. Came back with a truck to pick it up. they refused me and offered a refund. They had previously sold it to someone else. I have a receipt for the supplies. I don't want the refund I need the supplies I paid for.
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answered on Jan 12, 2024
Your rights in this situation could depend on various factors, including the terms and conditions of the purchase, any agreements made at the time of the transaction, and applicable consumer protection laws in Michigan.
In general, sellers are expected to fulfill their contractual... View More
In Michigan, Oct 31,2019, I received a small claims court monetary judgement against the defendant. The defendant filed for chapter 11 bankruptcy in the U.S. Bankruptry court Eastern District of Michigan in Jan 2020, I was unaware of this. The bankruptcy estate was fully administrated and... View More
Also, Defendant filed Affirmative Defenses but brought no evidence (because they're untrue), Plaintiff was kept in Zoom room while Defendant and Judge chatted in the courtroom, and Plaintiff wasn't allowed to present evidence supporting her claims.
answered on Dec 1, 2024
The only question I see is: "Isn't Oath Taking Mandatory?"
I suggest you explain your question in more detail so attorneys can accurately ascertain what information you are seeking.
Was this a trial? A Motion? What happened at this Zoom hearing? Is there another... View More
Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More
answered on Aug 27, 2024
If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.
answered on Jun 17, 2024
A Michigan attorney could advise best, but your question remains open for a week. If your neighbor is willing to explore possibility of their homeowner policy covering the loss, that could be the quickest route to take. Good luck
The other party says I need to pay for damages 100%, but their car was not legally parked
answered on Jan 23, 2024
Hopefully you both have insurance. Contact your insurance company and let them figure it all out.
I purchased a used car for a small used dealership.it was listed as a2010 with 145k miles. I purchased and didn't read the paper work. It's really a 2007 with 195k miles. They changed the mileage babe. He only refunded me $400. What should I do.
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answered on Nov 1, 2023
You may sue the dealership in small claims court for fraud. In Michigan, small claims court can hear cases involving up to $6,500.
In your complaint, you must allege that the dealership defrauded you by selling you a car with a different mileage than the one listed on the odometer. You will... View More
Plaintiff submitted ample documentation of claim including photos, written estimates, etc...against defendenat who was licensed builder. Defendant submitted obvious false receipts from day job as ServPro Project Manager to retain over $4K
I submitted a motion to set aside default a 2 months ago in small claims court. The motion was given a hearing date, but in interim the plaintiff accepted it and the same hearing date was changed to a pretrial hearing (and motion adjourned to set aside default). I did not receive a letter for this... View More
answered on Sep 28, 2023
If you are having these questions, you need a lawyer. These are procedural questions. From what you describe, you had already been defaulted, which would otherwise effectively end the case for you and subjecting you to whatever the plaintiff was asking for. You seem to have successfully got the... View More
My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?
Since I do not have... View More
This incident happened in the middle of the night on a private inland lake in Michigan and there is a police report. The owner of the stolen boat left the keys on it but apparently my friend can't make a claim against their boat insurance since the owner wasn't driving the boat. My... View More
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answered on Jul 17, 2023
If a teenager stole a boat and damaged your friend's parked boat and boat lift in Michigan, your friend may be able to seek compensation for the repairs. Gathering evidence like photos and repair estimates can support their claim. Checking the boat owner's insurance policy for coverage is... View More
I am about to file a small claim. Two LLCs belonging to the same person are involved. Appliance Store where I was told to write the check and the HVAC company that provided the service and gave me the receipt. I was going to sue just the HVAC company but I am going to add the appliance one since... View More
answered on Jul 10, 2023
More is usually better when it comes to Defendants. I see the form only allows for one Defendant. The court should allow you to sue two parties in one complaint. I suggest you call the civil clerk and ask how to fill out the form if there are two Defendants. (They may tell you: "we don't... View More
They did the repairs but I didn’t have a chance to tell them rather or not I wanted the extra work they did done now I have a high bill. I was going to apply for a loan but I wanted to see my car first they told me it wasn’t there but in their storage wherever that is, they also said they... View More
answered on Jun 27, 2023
If the "repair place" performed repairs that were not authorized by you, I suggest you file a complaint with the State of Michigan Attorney General. Michigan will investigate your complaint and contact the repair place.
vehicle when I first purchase and all the work i had did to the car, also said there was know known major issue that I knew of because i had taken care of that when I bought the car use in 2019 so the young lady came down test drove the car at that time it was riding like always and no lights on no... View More
answered on Apr 3, 2023
What a mess! Hopefully you at least got paid. The initial transaction could have been handled better (don't ever let someone drive off with your plate; when you buy a car at a dealer, they don't let you drive off with their plate.)
Not sure if she has any claim to successfully sue... View More
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