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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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1 Answer | Asked in Copyright and Small Claims for California on
Q: If defendant can't open usb to view evidence, is it admissible? I am plantiff in small claims trial tomorrow.
James L. Arrasmith
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answered on May 24, 2024

In California, for evidence to be admissible in small claims court, it must be relevant, reliable, and not overly prejudicial. If the defendant cannot access the evidence on a USB drive, you should ensure that the court can view the evidence in an alternative way, such as printed copies or... View More

1 Answer | Asked in Criminal Law and Small Claims for California on
Q: I bailed a friend out of jail and she did not show up to court I've already spent 350 paying bail bond what do I do

I don't know where she is and bail company wants another payment is there anyway to get released since she is not complying with me or the court I'm disabled and can't afford to pay this

James L. Arrasmith
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answered on May 22, 2024

I'm sorry to hear about your difficult situation. When someone fails to appear in court after being bailed out, the bail bond company will usually come after the person who signed the bail bond agreement (the indemnitor) for the full amount of the bail. Here are some steps you can consider:... View More

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

James L. Arrasmith
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answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I filed a small claims case against my landlord for not returning my security deposit, my court date is next week.

I I found out my landlord violated my rights under section 1946.2 Ca Tenant Protection act . I lived in a rental property for 6 years, 2017 - 2023I I was a model tenant. In July 2024. landlord told me he was retiring in Nov and would be moving into the rental unit as his primary residence and to... View More

James L. Arrasmith
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answered on May 18, 2024

In California, you can file an amended complaint in your small claims case to include additional claims related to the wrongful eviction under the California Tenant Protection Act (AB 1482). Here's what you can do:

1. Amend your complaint: Before your court date, file an amended...
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1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Small Claims for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
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answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for Iowa on
Q: I was scammed out of $900 at my bank. Does the bank have to reimburse me ? They also took an online loan out in my

These people pretended to be my bank and called me saying my account was compromised. Said they would move my money to a secure account and they verified info. Needless to say, I got scammed as they made several charges on my debit card and even took out a loan on my account. Idk why my bank... View More

Matthew McKenna
Matthew McKenna
answered on May 14, 2024

I would consult with an attorney familiar with the Electronic Funds Transfer Act. Your ability to recover may be fact specific and will likely be tied to your dispute with your bank. If you haven't disputed the transactions with your bank yet, do so immediately. I would make a written dispute.

1 Answer | Asked in Small Claims for Michigan on
Q: We are in a small claims case where the plaintiff claims we owe him money for interest on not paying back fast enough.

The defendent borrowed money verbally (in-person) from a friend with no set date to pay the money back nor any agreement on paying interest if not paid back fast enough. The plaintiff is now angry that we did not pay back fast enough and is claiming we owe interest and is taking us to small claims... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

In small claims, the discovery rules differ. By their nature, small claims court is just the real-life version of what you may see on those daytime courtroom TV shows: the parties show up and plead their case right then and there. In more formal proceedings, there would be pretrial discovery,... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

James L. Arrasmith
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answered on May 11, 2024

I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

Ross A. Jurewitz
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Ross A. Jurewitz
answered on May 13, 2024

If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.

However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you...
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1 Answer | Asked in Gaming, Internet Law, Small Claims and White Collar Crime for California on
Q: How can I word my email to them to get them to pay me?

I completed a deposit offer on freecash.com to a crypto casino. The offer is hosted by adscend media and stated "deposit $25 and place your first wager and receive $59." I completed the offer exactly to instructions but they are refusing to pay me. So I lost my $25 plus the extra I sent... View More

James L. Arrasmith
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answered on May 11, 2024

If you believe you have fulfilled all the requirements of the promotional offer but have not been paid as promised, I would recommend the following steps:

1. Gather all documentation related to the offer, including screenshots of the offer terms, proof of your deposit and wager, and any...
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1 Answer | Asked in Small Claims for Nebraska on
Q: I have loaned someone 900 dollars and told her she didn't need to pay it back 3 months later.

It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?

Julie Fowler
Julie Fowler
answered on May 9, 2024

Legally, a loan must be repaid. Legally, you can be required to pay back a gift. If there is a question as to what it was, a judge can decide whether it was a loan or a gift and whether it needs to be paid back or not.

1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and Landlord - Tenant for Texas on
Q: Is this Blackmail/Extortion? Or do I need to pay?

When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

Anthony M. Avery
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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: My mother is 86 & has dementia. Since 2019 Xfinity has taken advantage of her. The total amount is over $8500, help her.

Since then I tried to resolve the situation they triple charged her & cut off her cable, internet & phone. Even though her mind is completely here there is no way this company should get away with this. I want justice for her & her account restored. Please me accomplish this for her.

James L. Arrasmith
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answered on Apr 29, 2024

Under California law, if you believe that your mother has been unfairly charged or taken advantage of due to her dementia, you can take several steps to address this issue. First, you might consider contacting Xfinity directly to dispute the charges. It's important to keep detailed records of... View More

1 Answer | Asked in Consumer Law and Small Claims for Oregon on
Q: I have a debt collector threatening to sue me for a medical bill that has occurred in 2006.

Can he do this even though the statue of limitations has expired?

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2024

IF the Statute of Limitations has truly passed (likely but depends upon the details), then not only do they likely not have a case, but you may have unfair debt collection practices claims against them. Beware. A common tactic is to try to get you to pay something - even just a few dollars "to... View More

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