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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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2 Answers | Asked in Real Estate Law and Small Claims for Maryland on
Q: What is the legal interest rate I can charge to collect money awarded to me in a civil case in Montgomery Co, MD?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More

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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Texas on
Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?

My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or... View More

1 Answer | Asked in Small Claims for Texas on
Q: Neighborhood car salesman sold me a car 2 years ago and now wants his plates back.

I made car payments but I lost track of them and I asked him can he send me bank statements so I can see how much I owe him and he never did

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

He has no obligation to send you his bank statements. You can check own bank statements to see how much you owe him.

When someone sells you a used car, you have thirty days to register it in your name and get new plates. A licensed used car dealer would remove the plates from the vehicle...
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1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
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James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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2 Answers | Asked in Personal Injury and Small Claims for Texas on
Q: Can I get a settlement if I was breathing in black mold for a hundred days when I was encarcerated in a facility in2021
John Michael Frick
John Michael Frick
answered on Aug 26, 2024

Most personal injury lawsuits are resolved by settlement. If you have a case on file, talk to your lawyer about the strength of your case for liability and the total amount of damages you sustained (most likely, out-of-pocket medical expenses based on your question). your lawyer can help you... View More

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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

1 Answer | Asked in Small Claims and Civil Litigation for Texas on
Q: My husband’s bestfriend borrowed $200 from my husband & now she refuses to pay us back. We have a 5 month old baby too.

I was visiting her place for a few weeks and she needed $200 from my husband for “groceries in the house” to insure comfortability for me. She verbally promised my husband on my cellphone device that she would pay him back when she gets paid while on FaceTime. She got paid July 30th and did not... View More

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

You can file suit to collect the debt against the friend in justice of the peace court in the county and precinct where the friend lives here in Texas. Our justice of the peace courts have jurisdiction over small cases where the amount in controversy is $20,000 or less. You do not need an... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

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1 Answer | Asked in Civil Litigation, Consumer Law and Small Claims for Washington on
Q: In small claims, what if all evidence was not presented to defendant will judge still hear the case?
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Washington attorney could advise best, but your question remains open for a week.

The short answer is that it could depend on the judge and how material to the issue at hand the missing evidence is. As a general rule nationwide in small claims, the court is not likely to grant the same...
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1 Answer | Asked in Personal Injury, Civil Litigation, Small Claims and Wrongful Death for Illinois on
Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?

Hello,

My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?

Ex: attorney X represents Client A, X law firm files an appearance for his firm,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

Only an Illinois attorney could answer your question, as it involves state procedural rules, but you await a response for five weeks. Until you are able to consult with a local attorney who could advise precisely under Illinois civil procedure law, in many places nationwide as a general practice,... View More

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

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