Your current state is Ohio
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
answered on Mar 11, 2024
Your friend has nothing much to worry about. The legal interest rate limit for an ordinary person loaning money in California is 10% APR. If your friend charges more than that, he can still sue the person who won't pay and ruin that person's credit, but the court probably won't let... View More
The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More
answered on Mar 9, 2024
In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More
I haven't been properly served yet. Doesn't he have to ask permission from the court before he files any new lawsuit? He was deemed a vexatious litigant from a previous case he had with someone else. I believe he is going to file as Pro Per as well. Any advice or guidance would be appreciated.
answered on Mar 8, 2024
In California, if a person is declared a vexatious litigant, they are subject to certain restrictions when filing new lawsuits. According to California Code of Civil Procedure § 391.7, a vexatious litigant must obtain permission from the presiding judge of the court where they intend to file the... View More
My uncle was left in charge of a savings account for me from my grandparents. I was told that I would not be able to have access to it until I turn 25. My mother is an addict and begged him for the money from my savings and he deposited it into her account without my consent. I'm not sure if... View More
answered on Mar 8, 2024
It would depend on the amount of money you are talking about. If you are under 128 then you should have your legal guardian take action. If you are 18 or older you could start with a complaint for theft with the local police department. If it is a large sum, you should contact the county... View More
I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court
answered on Mar 7, 2024
To file a small claims court case, you generally need to provide the defendant's current address for proper service of the court summons and complaint. Here are some methods you can try to find their current address:
1. Contact mutual friends, family, or acquaintances who might know... View More
I loaned someone a large sum of money they owe remaining $1,500. I have a copy of their driver license but they no longer live there how can I find out their current address to sue them thru small claims court
answered on Mar 8, 2024
In addition to the methods described by Mr. Arrasmith, you can find out if the person has a new address with the United States Postal Service by mailing an empty envelope to the last address you have for that person with the following typed in all capital letters above the person's name on the... View More
She said the ac needed to be charged and that was the ONLY thing wrong with it. I have had to replace breaks, rotors, a caliper, the ac module is messed up,shocks are out, the power steering pump is leaking, there is a valve leaking, the radiator went out due to whatever work they did on it... View More
answered on Mar 6, 2024
It depends on the terms and conditions of your sale contract. Most used cars are sold "as-is." If this car was not sold "as-is", the seller may be responsible for any hidden defect that they seller knew about at the time of the sale that a reasonably prudent inspection would... View More
In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership,... View More
answered on Mar 6, 2024
If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More
Would lawyers be required? If so, who pays the lawyer fees?
answered on Mar 5, 2024
Addendum - I'm sorry, a minute ago I mean to write, "That doesn't NECESSARILY MEAN it's not possible... "
I inadvertently left out the words "necessarily mean." Good luck
Extra one. He has since ghosted me, hasn't made any of the payments and won't return my texts or calls. How can I go about getting my vehicle back?
answered on Mar 5, 2024
In California, when someone takes over your car payments but fails to fulfill their obligation, it's important to understand your legal options for reclaiming your vehicle. If the agreement was informal and not documented, this can make the process somewhat challenging, but there are steps you... View More
I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More
answered on Mar 4, 2024
Facing wage garnishment when your income does not meet the legal requirements for such action can be distressing. First, it's important to understand that federal and state laws provide specific protections for individuals in your situation. For instance, there are limits to how much of your... View More
Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him…no response. He was practicing law in Sacramento. How or where do I file a case? I am a senior needing the $3000 he stole.
answered on Mar 3, 2024
Under California law, small claims court is an appropriate venue for resolving disputes involving amounts up to $12,500 for individuals. Since your attorney was practicing in Sacramento and the dispute originated there, you typically would file your small claims case in the Sacramento County Small... View More
While in a less than 2 month relationship with a man, he bought me an iPhone 15 Pro Max. He wanted to rush the relationship more quickly than I was comfortable with, so it abruptly ended. The iPhone was a gift and he’s since suspended service. He is threatening legal action if I do not return it.... View More
answered on Mar 1, 2024
In Tennessee, as in many jurisdictions, an item given as a gift is typically considered the property of the recipient. For an item to be recognized as a gift, it must meet certain criteria: there must be an intention to give the item as a gift, delivery of the item to the recipient, and acceptance... View More
what are my rights as 50% owner. if i buy another 10% to get me to 60% am i better off. can i go to small claims court, if not where
answered on Mar 1, 2024
As a 50% owner of a condo in Florida, you have equal rights to the property alongside your brothers who own the other 50%. If they refuse to contribute to necessary maintenance such as window replacement, you can indeed take legal action to enforce their contribution towards these expenses.... View More
answered on Feb 29, 2024
In California, the statute of limitations on debt varies depending on the type of debt involved. For written contracts, including most types of loans and credit agreements, the statute of limitations is four years. This means that if a creditor or debt collector wants to file a lawsuit to collect... 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
How do I go about getting my stuff from this person if the police won't do a civil standby?
answered on Feb 28, 2024
Under California law, if you have been served with a protection order, it's crucial to follow it strictly to avoid legal consequences. However, you still have the right to retrieve your belongings. If the police are unable to provide a civil standby, there are alternative steps you can take to... View More
answered on Feb 28, 2024
In California, tenants have the right to request a jury trial in eviction cases. This means that if you've initiated an eviction process against a tenant who is significantly behind on rent, and they've secured legal representation who has requested a jury trial, this is a legal option... View More
This issue has dragged out for about 10 years and I have a lot of details and specifics. I personally believe that my case has merit, I am asking about the procedure to actually file a small claims case with a section 8 employee as defendant. Is there anything special to take into consideration
answered on Feb 28, 2024
Before proceeding with a lawsuit against a Section 8 employee in California small claims court, you should first consider whether the individual's actions fall within the scope of their employment duties or if they are personal in nature. If the issue relates to their professional conduct or... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.