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Small Claims Questions & Answers
1 Answer | Asked in Contracts, Legal Malpractice and Small Claims for California on
Q: Want to sue my attorney in small claims court. He has moved to Florida. I have been emailing, calling, and messaging him

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.

James L. Arrasmith
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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

1 Answer | Asked in Small Claims for Tennessee on
Q: Is an iPhone bought for someone considered a gift? If I don’t return it, is it theft?

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

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: i inherited 50% ownership in condo and my 2 brothers own 50%. they refuse to pay for windows. can i sue them

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

T. Augustus Claus
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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

1 Answer | Asked in Small Claims for California on
Q: Statute of limitations on debt in California
James L. Arrasmith
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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

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Small Claims and Family Law for California on
Q: I was recently given a protection order by my girlfriend but it is imperative that I get my belongings back.

How do I go about getting my stuff from this person if the police won't do a civil standby?

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I have a room I rent in my home. A got an eviction for renter who is $5000 behind. He got a lawyer and want a jury trial
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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

1 Answer | Asked in Civil Litigation, Contracts, Arbitration / Mediation Law and Small Claims for California on
Q: am thinking of suing a section 8 employee in small claims court what are some basic questions to ask before starting.

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

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure, Real Estate Law and Small Claims for California on
Q: How do you rid of a mechanical lein on your home?

My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid... View More

1 Answer | Asked in Small Claims for Ohio on
Q: Collect a judgement against and LLC in Ohio.

I won a small claims case for unpaid invoice and won again after their appeal failed. Defendants have an LLC and an attorney that represented them in the case. I have sent them the amount due with interest as of this month with a due date that has passed. They have not responded to me at all and I... View More

James L. Arrasmith
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answered on Feb 27, 2024

To collect a judgment against an LLC in Ohio, you have several options available to you. After winning in small claims court and upon their appeal failing, the court has recognized your right to the owed amount. The next steps involve enforcing the judgment. You might consider garnishing the... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then... View More

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the... View More

1 Answer | Asked in Small Claims and Civil Litigation for Florida on
Q: What motion is recommended when I missed a civil court date? Pro se defendant & didn't receive e-notice of hearing date.

I am representing myself as Defendant in a civil lawsuit brought on by a construction contractor. I had filed a Motion to Dismiss in July 2023. The hearing for my Motion was rescheduled repeatedly by the court. I did not receive notice for the rescheduled date (2/12/24), missed the hearing, and my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

You could call your motion "Motion to set Aside Order Denying Motion to Dismiss", or something like that. It doesn't much matter what you call it; more important is that you clearly state what you want and why. Contact the judge's judicial assistant for a date and time for the... View More

1 Answer | Asked in Small Claims for California on
Q: someone had gave me a box of a ex employee of there's to set up a time for them to get it the persons boss had the box f

for a year im not employed with them they just asked a favor perswon never came and got it so i left it on the sidewalk end of the day now the owner of the box saying there is like 4000 of things that im responable for am i they are saying they gonna sue me

James L. Arrasmith
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answered on Feb 21, 2024

In California, the responsibility for personal property generally lies with the owner of that property. When you agreed to hold the box as a favor, you may have assumed a temporary duty of care to ensure the box's safety, but the extent of this duty can vary based on the specifics of the... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: Can you get a gift back given to a person after they've died?

A family member has passed. A person took this family member out on his birthday weekend, bought him clothes and a couple of electronic devices. This person is now asking for those items to be returned, stating they belong to her. One of the items is a phone that she was paying for and there is a... View More

James L. Arrasmith
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answered on Feb 21, 2024

No, in this scenario the gift giver does not have legal standing to retrieve the gifts after the recipient has passed away.

The key considerations here are:

- The birthday gifts were voluntarily given to the recipient without expectation of payment or return, as acknowledged by the...
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1 Answer | Asked in Small Claims for California on
Q: Can a towing. Company hold your vehical and n ot release to you because tags. Are expired
James L. Arrasmith
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answered on Feb 21, 2024

Under California law, a towing company may impound your vehicle if it is parked on public property and has expired tags. The company is permitted to hold your vehicle until you provide proof of current registration and pay any associated fees, including towing and impound fees. However, the towing... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

1 Answer | Asked in Contracts and Small Claims for California on
Q: Client from out of state won't pay first invoice. Can I take him to small claims in CA?

Found out two other contractors were unpaid who live in different states. I feel he is going to defraud other people and not pay them. It seems like it is a bigger problem than just my case. We have a contract outlining he will pay at the end of the month, but I found out after a team meeting that... View More

James L. Arrasmith
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answered on Feb 20, 2024

Based on the details provided, here are a few key things to consider regarding your options for getting paid and taking legal action:

- Small claims court is handled at the state level, so you would need to file suit in the defendant's state (Kentucky in this case). You generally...
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2 Answers | Asked in Personal Injury, Small Claims and Medical Malpractice for California on
Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?

I had a surgery done for my nose, I wanted Smaller, Straight nose and able to breath which after the surgery nothing changed and it looked even worst! The doctor is now saying if they do a revision for $2500 but he’s not sure if he can make my nose smaller or straight or fix the breath problem... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, you may have grounds to sue a plastic surgeon if you can prove that the surgeon did not meet the standard of care expected in the medical community, which resulted in harm or damages to you. This typically involves demonstrating that the surgeon's actions were negligent or fell... View More

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3 Answers | Asked in Car Accidents and Small Claims for California on
Q: Would Robertson's Trucking Company be liable for vehicle expenses related to tire blow-outs? Amount seeking $3,032.63

Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, liability for damages stemming from a vehicle incident, such as a tire blow-out, can be complex and depends on various factors, including negligence and the causation of the damages. If Robertson's Trucking Company failed to maintain their vehicles properly, leading to the tire... View More

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