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Small Claims Questions & Answers
2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, particularly under Vehicle Code Section 11736(c), you are generally entitled to a refund of your deposit before signing a vehicle purchase agreement and taking delivery of the vehicle. However, the specific terms of the retail installment sale contract you signed may... View More

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2 Answers | Asked in Consumer Law, Contracts and Small Claims for California on
Q: Refund of down payment deposit at car dealership in California.

I am in California and paid 1000$ as a deposit to hold the car until I pay the reminder of the down payment. I backed out of purchasing the car. I signed the retail installment sale contract(553) but did not sign a Vehicle Purchase Agreement/Bill of sale nor take deliver of the car. Can I get a... View More

Leon Bayer
Leon Bayer
answered on Mar 27, 2024

I think you are entitled to sue the dealer, and file a complaint against the dealer with the DMV.

I believe that what you signed is not allowed to override California Code, Vehicle Code - VEH § 11736.

Small claims court is where you take this to sue.

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3 Answers | Asked in Personal Injury, Arbitration / Mediation Law, Lemon Law and Small Claims for California on
Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel

STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for Nevada on
Q: Is the mechanic liable for your car while in his possession
James L. Arrasmith
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answered on Mar 26, 2024

When you hand over your car to a mechanic, they generally assume a certain degree of responsibility for it. This includes taking reasonable care to prevent damage or theft while it's in their possession. It's essential to understand that this obligation doesn't cover unpredictable or... View More

1 Answer | Asked in Small Claims for Oregon on
Q: My car was in a building that caught on fire.Who do I get a hold up to go after the Business owner?
Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. In terms of your question about who you could get, you could look into attorneys who work with property loss insurance claims. Another option, depending on your coverage, could be to look into whether your policy... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Small Claims for Missouri on
Q: does any lawyer help to collect on a judgement?
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

A Missouri attorney could advise best, but your question remains open for three weeks. Yes, there are. But the format here is limited to Q & A. Attorneys can't really respond to your post to offer their services. You would need to reach out to attorneys. In addition to your own searches,... View More

3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

James L. Arrasmith
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answered on Mar 24, 2024

In California, if a client refuses to pay for services provided, you have several options. First, you should attempt to resolve the issue directly with the client by providing clear documentation of the services rendered and the agreed-upon costs. Communicate your concerns and attempt to reach an... View More

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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

Robert Kane
Robert Kane
answered on Mar 24, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

Do-it-yourself small claims is usually the cheapest option in these types of settings for small businesses. You could also consult with a local attorney about the cost of them pursuing the matter - discuss the details of what type of billing arrangement you'd be entering if you go the attorney... View More

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2 Answers | Asked in Small Claims for California on
Q: Can you sue someone if you bought something as is and they gave you false info to sell it
James L. Arrasmith
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answered on Mar 23, 2024

In California, "as is" sales mean that the buyer agrees to purchase the item in its current condition, but this does not give the seller the right to deceive. If the seller intentionally provided false information about the item to induce the sale, this could be considered fraud.... View More

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1 Answer | Asked in Civil Litigation and Small Claims for California on
Q: I was given a cash gift. months later I was told aggressively to give it back.what can I do legally to stop this

no contract, nothing signed. cash was gift. we went to his bank & he wthdrw $ & handed it to me. when his financial sit has changed he got hostile & decided I should give it back

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, a gift is defined as a voluntary transfer of property from one person to another without expectation of payment or compensation. Once a gift is given, it becomes the property of the recipient. If there was no agreement or condition attached to the transfer of money indicating... View More

1 Answer | Asked in Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Criminal Law, Civil Rights and Small Claims on
Q: I recently had DSS called on me and my daughter for a false allegation and would like to see what my rights are

I need help in bringing this person or persons to justice. I had a legit medical emergency and I was accused that I had a drug overdose. The case has now been closed BUT since I worked at Kershaw County Dispatch for a short amount of time, they have a vendetta against (we didn’t leave on good... View More

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear about your difficult situation with false allegations being made against you, especially given your past employment at Kershaw County Dispatch. Here is some general information about your rights and potential next steps:

- You have the right to due process and to...
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1 Answer | Asked in Bankruptcy, Civil Litigation and Small Claims for Utah on
Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1....
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1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
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answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

2 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: I’ve been scammed and the merchant is refusing refund. I would like to sue them in small claims , which category is that
James L. Arrasmith
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answered on Mar 20, 2024

If you've been scammed and the merchant is refusing a refund, taking them to small claims court is a possible next step. In small claims court, cases typically fall under the category of civil disputes. This usually involves personal or business conflicts over money or services, such as... View More

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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

James L. Arrasmith
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answered on Mar 13, 2024

In Utah, you are allowed to record phone calls as long as at least one party to the conversation consents. Since you are a party to the conversation and you consent to recording it, you can legally record your phone calls with the debt collector and their lawyer.

Here are some steps you can...
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3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Is charging high interest on personal loans friends is punishable, if so how bad is it ?

My friend was doing making loans to friends and people he knew of , and one on those people now is saying he's no going to pay instead he will press charges on him for " ilegal's" loans with high interest, now my friend is scared that he will go to jail he didn't know... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, there are laws governing personal loans and the amount of interest that can be charged. These laws are designed to protect borrowers from predatory lending practices.

1. Usury Laws: California has usury laws that set limits on the interest rates that can be charged on...
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