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Small Claims Questions & Answers
2 Answers | Asked in Small Claims for Florida on
Q: I live in a gated community next to a golf course. A golfer broke an expensive stained glass window with a golf ball.

The replacement cost ended up being over $2,000, of which our deductible was $1,000. I caught up with the golfer who agreed to pay my deductible, but gave me a fake name & address. I found out who he actually was & gave the information to my insurance company. The insurance company mailed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 20, 2022

Yes, the chance of you personally winning or losing in any small claims court is the same: 50/50

If you hire an experienced lawyer to represent you, the chances of winning are markedly improved, but not certain.

P.S. Lose the argument about the golf course scorecard helping you...
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1 Answer | Asked in Criminal Law and Small Claims for Texas on
Q: I purchased a car and after the fact find out that the car had been wrecked airbags deployed/masked* odometer tampered!

The person who purchased the car from an auction kept it for a year then sold it to a 25 year old kid which kept it for a year and then sold it to the person that I bought it from which had no clue the car had even been damaged. what could the person who is responsible for all of us wasting our... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 19, 2022

Wow!

That is quite a story. Sorry to hear about it.

So there is so many actors in this mess that I can not imagine any prosecutor would bother with a prosecution. The one exception would be if this is part of a bigger scam by someone and this is just one example of that larger scam....
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1 Answer | Asked in Small Claims and Bankruptcy for California on
Q: I have to clear two expired; unsatisfied judgments. To negotiate a settlement, what type of lawyer do I need for this

I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »

Leon Bayer
Leon Bayer answered on Apr 18, 2022

A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Small Claims for Texas on
Q: I am in the middle of a negotiation and need help

I am a truck driver. In one of my deliveries, my trailer was damaged by one of the employees of the warehouse. They have accepted responsibility but have neglected my claim for the diminished value of mu trailer. I was going to sell it for 70k but now due to the accident the value of the trailer... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 16, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for the damages to your trailer. You have a number of options. The first would be the cheapest, which is trying to continue negotiations. At this point, you may have already resolved the matter. But if... Read more »

1 Answer | Asked in Small Claims for Pennsylvania on
Q: My father in law past away and owed a personal loan do the kids have to pay for that loan
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2022

If your father's estate has more assets than debts, then it is most likely the responsibility of the estate. Please consult with a probate lawyer to discuss your father's estate and get his affairs in order.

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
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2 Answers | Asked in Bankruptcy, Criminal Law, Landlord - Tenant and Small Claims for California on
Q: It's been about 9 months since a UD case was dismissed. I was intentionally defamed, discriminated, falsely snt to Co

His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 11, 2022

this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.

However, if he is a flake, you may be throwing good money after bad.

a lawyer will not likely take on a case like this on a contingency.

instead, you will pay on an hourly basis.

if you...
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1 Answer | Asked in Small Claims for Michigan on
Q: My car was hit in a parking lot. The repairs will take 10 days. How do I get my rental car paid for by the other drive

My deductible was waved, because I am not at fault. I simply do not feel that I should have to pay for anything, when the other driver backed into me.

Brent T. Geers
Brent T. Geers answered on Apr 11, 2022

You could sue, but generally, "no fault" means your insurance covers you, and the other driver's insurance covers them.

1 Answer | Asked in Small Claims for Florida on
Q: Can I sue a photographer for bad pictures?

I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 9, 2022

You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos... Read more »

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »

Zachary Taylor Beck
Zachary Taylor Beck answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Small Claims for Louisiana on
Q: Are punitive expenses not considered when a Walmart claim for bad oil change?

Oil change part was cracked, oil spilled out and oil engine light came on. They only will rreimburse service to fix car and tow. They will not compensate for time without vehicle or the factory took nine months to settle.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 7, 2022

Punitive damages are allowed in Louisiana ONLY under specific circumstances and the circumstances you described is not one of those. You are entitled to general damages and special damages if proven although it is extremely rare to recover general damages as a result of damage to property. You... Read more »

1 Answer | Asked in Small Claims for New Jersey on
Q: I am being sued by a debt collector for a medical bill from September 2017. What are my options
Leonard R. Boyer
Leonard R. Boyer answered on Apr 6, 2022

Depending on the amount and your overall financial situation, you may be able to fight it or it may be cost-effective to just file Bankruptcy. But there is an insufficient factual basis to provide meaningful advice.

3 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Ohio on
Q: Debt collector is suing me in court in indiana. I currently live in Ohio. I havnt lived in Indiana since 2015.

They want me to set up payment or go to court. I can’t go to court it’s 7 hours away can’t take off of work. Is there anything I can do or can I just ignore it?

David Luther Woodward
David Luther Woodward answered on Apr 5, 2022

Talk to a bankruptcy lawyer in your community to help you evaluate your options.

Good Luck

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1 Answer | Asked in Consumer Law, Small Claims and Contracts for California on
Q: Is Novation agreement possible without original debtor?

I’m a creditor.

Original debtor John cannot be reached at all.

His relative Michael is willing to take over the debt through installments, and he wants to do an agreement which guarantees that John’s debt is transferred to him, so John is no longer owes me(creditor) anything.... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You can assign debt from one debtor to another, but the problem is if you cannot find the one willing to take on John's debt you won't be able to get the assignment completed/signed. You might need to hire an investigator/skip tracer to find Michael first.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Small Claims for California on
Q: Ice and snow fell on my vehicle at a business causing damage and their insurance saying not at fault. What can I do?

I was at a drive through coffee shop in Flagstaff, Arizona. It was warming up that morning and the ice and snow melted and slid off the business’ roof which ended up landing on top of my hood causing damage.

I filed a claim with their insurance (Chubb) and they came back and denied my... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

You may have a bad faith claim for denial of your claim, but it will likely depend on the terms in the business insurance policy. However, even if the insurance policy won't cover your loss, you may still be able to sue the business for negligence for your damages, but you will likely need to... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Can I take a car dealership to small claims if I signed an arbitration agreement? I’m in Florida.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2022

No, if you agreed to arbitrate any problem you cannot go to any court.

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for Texas on
Q: I bought a car and have proof they have received all the money owed. The person who sold me the car had a lien on the

Title. The car was repossessed after I fired their son and I guess they stopped making payments then. The Lien holder gave me the car with my name as the customer without any payment due and I have a paper with all information saying so. Would the car then be mine?

The first part of the... Read more »

Leroy Scott
Leroy Scott answered on Apr 3, 2022

If you only paid the lienholder, but not the actual seller, then the vehicle would still belong to the seller. The lienholder can only release its lien; it cannot give you title to the vehicle (unless the lienholder had repoed the vehicle).

If you only paid the seller, but not the...
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1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: My jobs overpaid me, due to their own negligence. Now they want me to pay it back, do I have any legal rights not too?

The payroll accountants made a mistake and doubled my time on their books. Do I have to legally pay them back? It would be a financial hardship on my family.

John Barron
John Barron answered on Apr 1, 2022

Yes, if you receive monies that you did not earn, your company has the right to ask for it back, whether it was their clerical error, or not. Receiving monies for work that you did not perform is termed "unjust enrichment," and the law does not allow persons to be unjustly enriched.

1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: can i sue a well reputable debt collector for saying a credit card company is going to file a lawsuit against me?

MCM contacted me saying one of the debts i owe to a credit card company is now in collections but the guy threatening me that the credit card company is going to file a lawsuit against me, he didn't say if he had proof or anything and made me pay fast.

Christopher Tolley
Christopher Tolley answered on Apr 1, 2022

Debt collectors are not supposed to threaten to file suit unless they actually intend to do so. However, if you owe the money and you are inclined to pay you may want to treat this as an opportunity to make a settlement favorable to you.

1 Answer | Asked in Consumer Law, Personal Injury and Small Claims for Illinois on
Q: can a sue a car repair shop for breaking a part on my truck and not fixing it they have had it for 2 months

whatever they broke now its going to cost $5600 to fix and they will not take my calls and they have had the truck for over 2 months now I have already paid $1782.00 for the heater core and now the computer is not working and the truck will not start they still have the truck and said it will be... Read more »

Charles Candiano
Charles Candiano answered on Mar 31, 2022

Maybe. Before you go down that road, your best advice may be to have the car towed to the dealer before anything else is done. The dealer can tell you whether the heater core was properly installed and they should be able to explain how it would be possible to damage the computer while performing... Read more »

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