Questions tagged [small-claims-court]

Small Claims Court rules and procedures. Where they exist, Small Claims Courts typically only have jurisdiction over minor civil matters – e.g., claims under $25,000.

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What happens if someone does not follow the orders made in small claims court?

Someone was taken to a payment hearing at the Provincial Court. It was adjourned but not before the judge ordered him to produce documents. What happens if he does not produce documents? Can someone ...
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Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?

Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
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When can a payment hearing be adjourned without a decision?

A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told ...
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71 views

In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
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33 views

Splitting a claim into several small claims

UK, small claims court question. Is it permissible to split a large claim into several small claims, against multiple defendants, arguing a different cause of action in each? Consider this ...
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63 views

How to serve a summons to payment hearing to a debtor?

Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
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61 views

How is interest calculated on a debt?

For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
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76 views

Defensively Suing Landlord in Small Claims

I have already moved out of the apartment in question, my landlord is not able to evict/harass me. I moved out early because the apartment became uninhabitable (flooding) prior to my already-scheduled ...
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49 views

How to have a provincial court order enforced? What are the pros/cons of the different ways?

Follow up to How does someone file an order with the Provincial Court to have it enforced? If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
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57 views

How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
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89 views

Consequences of leaving USA with unpaid rent

Suppose someone on an H1B visa leaves the country without notice and immediately stops paying rent, breaking a lease that requires 2 months of advance notice and 2 months of rent to be paid to break ...
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32 views

Confused as to the waiting period required after getting an order

A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced: As set out in 58.1 (3) of the CRTA, a part may only enforce this order if ...
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841 views

Can someone sue me for not giving back the amount of money they gave me as a gift?

I was given an amount of money (less than 2,000$ CAD) as a gift from someone with her confirmation (by message and on paper). At first, I told her that I would accept the gift, but in the future, if ...
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How to obtain Contact info for a business that declared bankruptcy?

Suppose a person made a batch of beer at a small brewery chain here in Boston and was scheduled to pick it up, when they find out the brewery has closed due to bankruptcy. The person wants to file a ...
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Exemption for “conduct of litigation” as a lay representative?

The following activites are "reserved legal activities" per the Legal Services Act 2007 ("LSA 2007"), s 12(1): (a) the exercise of a right of audience; (b) the conduct of ...
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50 views

How does one decide on a number when proposing a settlement?

I'm taking my ex-landlord to court. I have multiple claims. He said he's interested in settling and so am I. Is there any standard procedure for coming up with a settlement agreement? Obviously I ...
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111 views

Did lawyer breach LSO Rules of Professional Conduct, by falsely accusing me of attempt to evade her obligation to exhaust her administrative remedies?

I am self-representing in Ontario Small Claims Court. Defendant is car dealership. Defendant's lawyer wrote this in Defence. CLAIMANT FAILED TO EXHAUST ADMINISTRATIVE REMEDIES The Claimant ...
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99 views

Did lawyer breach Law Society of Ontario Rules of Professional Conduct 7.2-2, by requesting dismiss because I picked another close jurisdiction?

I self-represent in Ontario Small Claims Court. When I filed Form 7A (Plaintiff's Claim) online, I relied Superior Court of Justice map. Screenshot got no "Richmond Hill". Thus I picked ...
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Out of country court case related to employee / employer financial claim

I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
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47 views

If I pay a disputed amount to my landlord, can I later sue in Small Claims Court?

California Small Claims/Landlord question: My landlord has withheld my security deposit upon move out, and claims I owe additional charges for cleaning the apartment. I've disputed these and plan to ...
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Can I sue a lease co-signer remotely?

Here is a quick summary of my situation: April 2018: leased an apartment in Chicago until September 2019 June 2019: extended lease for 12 months July 2019: loss of job September 2019: accepted a job ...
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30 views

Is there an equivalent of small claims court in Switzerland (Basel canton)?

I'm in Switzerland, and I'm involved in a dispute over about 300 Swiss francs. I can anticipate needing to take it to court. In the US, there exists "small claims court" where, instead of ...
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60 views

Can I sue my roommate in small claims court in Texas? [closed]

There were three of us living in an apartment and one roommate had her name (Bianca) on the electricity and we would all pay our share when it was due. However, the other roommate (Cindy) who did not ...
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47 views

Won't corporations always try to pay claims worth less than lawyer's fees with an NDA?

As low ball estimate, let's estimate a lawyer costs $250 CAD/hr. Consider what happens if private lay person sues corporation with deep pocket is sued for a quantum less than or equal to a lawyer's ...
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281 views

Roommate want to take me to small claims court (Maryland)

Long backstory: So one of my roommates is the account holder of the utilities since she lived there since the last lease, and NOT ONCE have my other roommate and I seen a PDF or copy of the owed bills....
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What are the legal requirements for landlord/tenant walkthrough inspections at the end of a rental agreement in Missouri

I have a question about the tenant/landlord agreement laws in Missouri. This is going to be a long read, so I apologize in advance. I rented a home for a few years from a small rental company in ...
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99 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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54 views

Small Claims court fee in the USA as a plaintiff — is it acceptable to ask for a refund from the defendant?

I was a tenant, and I have a dispute with a landlord (a leasing corporation) over the security deposit. Based on the facts alone, it seems to me that the law is on my side (however I do know that in ...
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70 views

Do I have recourse against Air France if they refuse to refund/compensate after wrongful boarding denial?

I believe I was unfairly denied boarding by Air France and they are refusing to refund my ticket and compensate me for the incurred costs of missing the flight (e.g. missing my connecting flight, ...
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114 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
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48 views

Can an individual in California file a small claims case and NOT serve the defendant (or defer the serving)?

Does California allow a plaintiff to file a small claims case and either not serve the defendant or defer the serving until some time in the future (perhaps the plaintiff has 6 months to serve the ...
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37 views

Paying for slightly more than claim amount after small court arbitration

I was wondering if there is a disposition for small claims court that was settled via arbitration (no appeal is allowed and the decision is final) - then would it be unlawful to pay more than the ...
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41 views

In a civil case, do both Plaintiff and Defendant have the same exhibit lettering?

For instance, if the Plaintiff files a complaint and references "Exhibit A" and the Defendant files an answer denying the allegations of the complaint and also wants to reference some document/...
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52 views

Can I put two cases together in Small Claims Court

I was an apprentice and my employer has broken the contractual agreement I signed by not allowing me to train or study within the working week. My placement was supposed to be 4-days work, 1-day study/...
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74 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
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What happens if a person hides seized movable property from bailiff?

If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property? Can the debtor be charged ...
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3k views

Roommates aren't paying utilities, can I take them to small claims court?

There were 4 of us living in a condo, all 4 of us were on the lease and we paid rent separately to the landlord. The landlord covers the water bill and nothing else for utilities per our lease. The ...
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857 views

Incorrect details on MLS listing, misrepresentation?

I am my own real estate agent and I recently got a property under contract. The description the selling agent added on the MLS said the property was rentable via Airbnb. When I asked for the bi-laws ...
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130 views

Got a ticket in Quebec for violating pedestrian red light. Name spelled wrong

Last year, I got a ticket from the police for violating a pedestrian redlight signal. They issued the ticket to me but spelled my name wrong. I emailed them to fight it in court, and now they have ...
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122 views

How do you serve a person in Small Claims Court if they are International but their Business is here in the USA?

The company subject has two owners, and I was the Third, I am sueing my x partners now for the debt that they did not pay and left for me. They are International but have since started a New company ...
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69 views

Bailiff refuses to go to court

I am the plaintiff in a case (small claims court Quebec) I hired a bailiff to carry out an execution of judgement he did and seized some property from the defendant. Now the defendant is trying to ...
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68 views

Is there something in littigation for when a party isn't honestly trying to resolve the issue

I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this. For example we reached a ...
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73 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
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283 views

What is “assignee of record”?

I see "Assignee of Record" in some forms associated with small-claims in California, i.e. https://www.courts.ca.gov/documents/sc130.pdf. What is Assignee of Record?
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251 views

Can you sue a person for time spent taking them to court?

I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
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185 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
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How will Brexit affect ongoing court claims and existing judgements within the EU courts?

I am wondering how ongoing court cases and existing (i.e. pre-decided) unsettled judgements will be treated after Brexit? Moreover, I would like to know how judgements decided after Brexit for court ...
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What happens to ongoing EU small claims (under 5000 euros) court cases after brexit?

I plan to take my ex landlord to court, who has now given me an Austrian contact address. I have not started the proceedings yet, so I imagine that the case might not finish until after 31st October. ...
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217 views

Can a fan be considered an “air conditioning unit”?

Saw this apparently ridiculous statement from Airbnb on social media today, A fan legally constitutes an air conditioner It's unclear by what law that might be the case - the situation took place ...
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Damage caused by pigeons who is liable

I own a flat in the UK and I have a problem with pigeons living under the the decking of my balcony. The balcony is within my demised property (as the leasholder), but the drainage pipe that the ...