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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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When going to court should a plaintiff preemptively refute the other sides defense?

In small claims court, if the plaintiff knows what the defendant will likely say, should the plaintiff address these in the initial application? This makes sense to me because usually someone going to ...
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25 views

Small Claims Repayment

I bought a used car from a private seller who claimed the car was in great working condition. I later found out the car has no working airbags, which the seller failed to disclose. The airbags had ...
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Could asking someone to participate in a lawsuit count as defamation? I suspect he was illegally evicted as well

I am taking my ex-landlord to small claims court. Since I shared a kitchen with him I cannot take him to the residential tenancy branch. I believe in addition to my damage deposit and prorated rent, ...
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When going to court is it typical to have multiple related claims?

I know in large legal cases you hear about in the news, the plaintiff usually has multiple torts they accuse the defendant of. For example company A is suing company B for negligence, breach of ...
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How does providing written messages as evidence work?

For agreements made by e-mail, text message or even written on paper, how can they be used as evidence in small claims court? For example if a plaintiff claimed a defendant owes him $100 for work ...
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46 views

Small Claims Court UK - Small German Company owed less than E5000 EUR by UK company

Can the German company make a claim through the British Small Claims Court or do have to use the EU Small Claims Court system?
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Must a mailing address be provided for return of damage deposit?

My ex-landlord isn't returning my damage deposit. He gave a crazy reason (e.g. decided after the fact to charge me for using his furniture and claims I didn't pay utilities). When I told him I ...
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80 views

Access to Small claims procedure

I had a Limited company UK contract, with an Agency and worked at their end-client. After working for a few months, my job was suddenly terminated by the hiring manager (i.e. the end client, no ...
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How does a lawyer help when taking someone to court for money owed?

I had a landlord who I believe owes me money for several things. The two biggest would be prorated rent and the return of damage deposit. Since I shared a kitchen with this landlord, it is out of the ...
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In Canada when can the winning party recover legal and attorney fees?

I'm suspecting to have to take my ex-landlord to court. He's not giving back my damage deposit or prorated rent. Would I be able to get reimbursed for legal fees or attorney fees if I win? Since I had ...
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171 views

Accidentally took something wasn't mine. Can I get in trouble for returning it?

I recently moved out of a shared living accommodation. After moving out someone complained that the (shared) glove for removing hot items from the oven was missing. I had my own glove that I took and ...
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71 views

How hard should one try to resolve dispute before hiring a lawyer to go to court? [closed]

I had a really bad landlord. He owes me money for my damage deposit and prorated rent. The lease says he has 30 days to return it. After I moved out I reminded him of this fact. He replied (in a very ...
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UK Small Claim procedure limit exceeding with VAT

My understanding about UK small claim procedure is that- limit is £10K. (as Ltd company contractor)For some unpaid work notice pay which end client initially proposed to pay, but in reality didn't pay ...
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Capping your claim in an English small claims court?

From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track. If you are technically owed a greater sum than ...
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Can I sue a client for the 'delta' in price if I accepted his (insulting) offer?

I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less. Short version: client must provide me a suite in his hotel that costs $10K for a night ...
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Suing a Police Officer Instead of the Police Department

My car was towed in Seattle for an alleged parking violation. I paid $350 to get it back and then went to court and had the violation dismissed. The police officer who wrote the ticket and called for ...
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89 views

Max amount pay in small claims court when sued for $500?

I am being taken to small claims court in Utah for $500. If I was to lose what is the worst case situation? It sounds like I might have to pay the $100 filling fee. Is that true? Would I have to also ...
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48 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
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1answer
130 views

Landlord misrepresented my lease

My lease specifically stated that the landlord pays, hot water, water (it's a well so he would pay to pump the water) and sewer ( septic pump) I found out, by accident, that for the last SEVEN years I ...
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Defendant retains solicitors a long way away and asks for hearing near them

I'm pursuing a claim for about £100 against a company in the UK courts. Both sides agree that this should be allocated to the Small Claims track. I'm on the south coast, the defendant is based in ...
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2answers
183 views

In small claims court, can either party have a lawyer? Can decisions be appealed?

Many people assume that no lawyers are ever allowed in a small claims court, and that decisions in such courts are always unreviewable (final) because of their informal nature. Is this true in all US ...
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41 views

Can a defendent travel overseas if served with a claim/summons to UK civil court?

If i have am served a claim form by the claimant, can I travel overseas? Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which ...
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How to find an information about corporate assets?

In continuation to my other question here. We are trying to prepare yourselves to file a lawsuit against one of the contractors who did a lot of damage during renovations. My question right now, is ...
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1answer
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How likely am I to receive compensation? (UK)

I recently bought my first property which is meant to be an exciting time until I realised the property has a broken boiler meaning I have no hot water or central heating. Now prior to exchange of ...
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1answer
59 views

Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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423 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
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44 views

Can one appeal a small claims judgement in California

Under what circumstances can a small claims case be appealed in CA? Is it only for errors of law?
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97 views

Someone broke my laptop, how should I handle this situation?

I am attending college in Wisconsin and I had my backpack leaning against the side of my desk. It was on the edge of the walkway between desks in the class room. Somebody walking by kicked my ...
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If a driver thinks their car has been wrongfully towed, is it up to the company to sue the driver, or up to the driver to sue for their money back?

This is just something that I've been wondering. If you think that your car has been wrongfully towed, do you need to pay the company and then sue them for your money back, or do they need to let you ...
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2answers
118 views

Can one turn down a settlement offer if it's for more than the amount being claimed?

Suppose Joe is suing Acme Corp for $1000 over damages to his property. After some time, Acme Corp offers a settlement to Joe for $1500, on condition he signs a non-disclosure agreement. Is Joe ...
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1answer
54 views

What is the point of sending a demand letter?

Usually disputes don't happen out of the blue, usually things lead up to them. If the parties positions are clear what is the point of a formal demand letter before suing? For example if person x ...
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1answer
34 views

How does an 'authorized representative' work?

I recently moved out of a rental home and I strongly believe the landlord owes me more money. I asked her for prorated rent given that I moved out early per her request/demand. She has declined this ...
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I am from San Diego but live out of the country. My property in San Diego was damaged by contractors. Can I include travel expenses in small claim?

Water damage was caused to my rental property in San Diego. I want to file in small claims court in San Diego. Can another person file for me? Can I include travel expenses in the claim that I file?
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What are legal ways to get a persons address (Person living in Ireland, I'm living in The Netherlands)?

This is a follow-up to my previous question. I filed for a European small claims procedure but the only address I had of that person, seems invalid. The people at the address in question claim they ...
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2answers
323 views

Small claims EU to US

I am involved in a situation where a former housemate has left my sharehouse in the Netherlands and owes me €3000. This person now lives in the US. The facts: I have evidence they owe me this money, ...
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3answers
152 views

How do you force someone to sue you?

I have a bill from a health care provider that I did go to but they are charging me for services I did not receive. They will not agree that they did not provide these services and continue to bill me....
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162 views

Can a foreigner win small court claim in the US without appearing in court?

This question is general; the details below are given to explain the context it came from rather than to ask for specific legal advice. I recently spent one night at a hotel in Georgia, US. Before ...
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Is the Defendant Legally Entitled to an Itemization of the Damages they Are Being Sued For?

I live in California and am being sued by someone in Small Claims court who moved into my apartment for about two months with the intention of becoming a formal 'roommate' but, ultimately, had to ...
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371 views

loaded questions in pseudo-legal scenario

How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific ...
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70 views

Can customer initiate chargeback AFTER judgement won in court?

I am a small business owner in Alabama. We had a customer who was happy with the repairs we did to his vehicle. After picking up the vehicle he brought ANOTHER vehicle to us to customize and he was ...
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1answer
88 views

Is it legal to create a service that help people filling up small claim court forms?

I have an idea of an online service that prepares forms and letters for small claim courts. The service would take an input from a user, analyze it and output documents required to file a small court ...
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1answer
66 views

At what point could excessive lawsuits have a negative impact on future cases?

Considerations We live in an imperfect world, and people are just trying to get by as best they can. As such a certain acceptance of ‘wrong’ is required to function, and we must be flexible in our ...
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1answer
155 views

Can I take legal action in Colorado against a car dealership that has yet to deliver owed items to me?

I ordered a vehicle from a dealership in July of 2017. The vehicle was delivered to me approximately six weeks later and did not match the build I had requested. Investigation with the dealership ...
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3answers
637 views

How does pressing charges for slander work?

According to The Law Dictionary It is also necessary to prove that their slanderous words about you are all lies. How does this make sense? Isn't it on the burden of a person making a claim to ...
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1answer
73 views

Can I take legal action for an unpaid balance without a signed contract?

I run a wedding decorating business and I recently provided decoration services for a client in the UK. It was a last minute booking (2 days before the event). I requested some details from the ...
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2answers
206 views

What is considered appropriate dress for a magisterial district court?

I have made a civil complaint in my local magisterial district court and received a notice to defend from the defendant, so I will need to go to court at the end of this week. I have lost some weight ...
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1answer
239 views

Managing member can not speak for their LLC in court?

Edit: I feel like there is a misunderstanding in my question. She is the business owner and really the only representative of the business; but still the judge said that a person can not speak for the ...
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65 views

How long does money have to be possessed by a company for it to be considered theft?

I am considering taking a company to small claims court over the "theft" of an amount of money that I will not disclose here. I put money into my account in the form of cryptocurrency (the company is ...
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1answer
66 views

Serving to a P.O. Box in Ontario

Assisting a relative with a small claims case (Ontario, Canada). We are to serve the defendant's representative (a paralegal) that is operating under a P.O. Box in another city. Are we legally ...
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1answer
84 views

How do I file a certificate of service when making a money claim online?

I recently submitted online a court claim for money owed. Prior to making the claim I had written to the defendant several times to explain the breakdown of money owed but not got a response. Now ...