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COVID-19 Small Claims Questions & Answers
1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

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1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Traffic Tickets and Small Claims for Illinois on
Q: If appealing a traffic fine has expired am I able to take to small claims to resolve to sue the city

Owe $100 for a red camera fine. I contested and lost. It is impossible to get general help to appeal online from the law library as to what forms to appeal etc

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

IMO- NO. What you are suggesting is a "collateral attack" on your traffic conviction. No state allows this. If you had a statutory time to appeal and missed it for a valid reason or the time to appeal was suspended due to COVID you should hire an attorney to represent you and make the... Read more »

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for Indiana on
Q: signed up for dance lessons in Jan through May. I paid in advance.they refuse to give me partial refund

Signed up in january- for classes once a week until end of may.

They switched to online classes but since i have hardwood floors and not a lot of space and i was doing tap dance i asked for a refund, they said this was not to be inplace of a dance class. that it was just to keep your body... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2020

An Indiana attorney could answer best, as consumer issues could involve state law. But as a general matter of contract law, it could depend on how the agreement was written, in terms of how it addressed certain unforeseeable or foreseeable intervening events. These types of situations have... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Can I sue my roommate for half the rent?

My roommate was awarded a subsidy by our city due to COVID 19 that would pay $1000 on the household's behalf. That would still leave $895 to be owed to the landlord. I filled out an application as well, but was told that the house hold should only submit one application as the awarded money is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Difficult to tell from your facts. Is the roommate paying the entire $1000, or something less. A "subsidy" is money that is received to assist in the payment of a debt, it does not replace the debt. If your roommate's debt obligation is $1895, then she needs to pay that, but you... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Should one dispute excessive move-out fees in small claims court?

I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.

Despite this, the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2020

Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.

1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: What type of attorney would I retain for a small claims issue?

My ex boyfriend refused/refuses to return my fathers ashes. I live in Florida and he lives in Texas, and with the covid travel restrictions I cannot travel there to file a claim against him myself, but I’ve read an attorney can do so for me. He’s said the ashes were disposed of but I can’t... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 21, 2020

Whatever type of attorney is needed, he/she must be a member of the Texas Bar in order to represent you in Texas court. Unless your ex took the ashes from Fla. to Texas, he would have to be sued in Texas. Also, if Texas Court's operate the same as Florida's, you don't have to... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Husband and I had capital one credit card, someone bought the account and is taking me to small claims

It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.

Phillip William Gunthert
Phillip William Gunthert answered on Jul 2, 2020

Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: Can a friend sue me for failure to repay a loan without a contract or any signed document?

I live in Florida and borrowed money from a friend in California. I borrowed the money to downsize from a home to a more affordable apartment. I had every intention of repaying the loan however the Pandemic has killed my job. Can my friend take me to small claims court and sue me for the money? We... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2020

Yes, your friend can sue you for what you borrowed. A written contract is not required and a text message is a writing in any event. It is very unlikely that you can be prosecuted, if what you mean by that is being charged with a crime. And a judge doesn't decide if you can repay, the judge... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Ohio on
Q: I bought a car from a private person paid stated down payment and was given a month to pay final payment and a bill of

Sale stated such. 5 days later previous owner borrowed stated vehicle to go to the store but never brought it back and stated that changed there mind that they would just give the down payment back when they get paid. What do I do to get it back? Or can I? I live in Ohio.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

If you still want the car, you will have to sue seller for breach of contract. That process will take several months, and OH court activity is currently suspended because of the virus lockdown. Use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you.... Read more »

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