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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Can I sue in Michigan small claims court for misrepresentation on a sale?

According to https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc84.pdf: If your damage is the result of an intentional wrongdoing, such as fraud, libel, slander, malicious ...
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I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs

I am from Australia. In Australia, any civil claim below $10,000 is considered a small claim and one cannot use a solicitor to represent himself in the small claims court. One may also not claim the ...
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Left item in an Airbnb, host no longer available. Responsibility lies with owner, host or Airbnb?

After staying one night in an Airbnb, my friend realised he left an item in the property (not expensive, cost of around €50). I immediately contacted the Host over Airbnb messaging, she confirmed she ...
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Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?

Background Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case. Questions: Is the judge permitted to act ...
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In California, what claims may not state a dollar amount in a complaint or in its prayer?

Punitive damages may not be claimed as an exact dollar figure in a complaint or in the prayer since the middle '80's in California, and must be left to the jury. What other claims cannot be claimed as ...
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Can I take my roommate to court in Kentucky over not paying utlities?

I live with 4 other girls in a house in Kentucky. I have one of the utility bills in my name. Three of my roommates always pay me back. One of them refuses to pay. I have sent her four notices ...
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Can I be taken to small claims court?

I ordered something on Ebay, paid for it and received it within a week. A week later I received the exact same item from a completely different vendor than the one I ordered it from. Trying to be ...
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2 votes
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From a practical perspective, what is the most reliable way to make a debtor pay?

It would seem the two options to "force" a person to pay are have a judge issue a wage garnishing order for one of their employers have a judge issue a wage garnishing order against one of ...
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Expediting refund from a store which takes time to process it

A small online store selling physical goods has failed to ship a purchased item within estimated timeframe and has agreed to refund (under $2,000). However, it is now taking time to process the refund,...
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How can I add a small claims judgment to someone's credit report?

I won a judgement in small claims court against a tenant two years ago. The person has not paid. I'd like to know how to put the judgement on their credit report.
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When a party is taken to court for defamation that already occurred, what is the request to the judge to do?

There was an incident where my employer claimed I did something (which I didn't do) that led to someone getting injured. They seemed to have investigated the issue internally but came to the wrong ...
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Do Judges in Nova Scotia small claims court take verbal communications seriously if there is a disagreement about its contents?

My question is trying to elucidate the weight a verbal discussion between home-owner and contractor would carry in small claims court in Nova Scotia, Canada. The context would be that the home owner ...
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If a party agrees to settle, can the plaintiff still be award legal fees?

Say party A owes party B money. It's a relatively simple case, such as party B did work but party A isn't paying them. Party B files an action in small claims and party A finally caves in and pays up. ...
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When is an address considered an acceptable "address for service"?

Usually legal action against a person or business involves serving them with registered mail. What exactly is considered an acceptable address of service? I understand that if a legal proceeding has ...
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Does res judicata prevent you from filing separate claims for different causes of action with overlapping facts?

(UK law, small claims.) This is a follow-on question to one I asked earlier. Splitting a claim into several small claims A reply to my question stated: You can only sue once on the same facts on the ...
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Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?

Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000 He does not have any money to pay. Could courts order the land to be sold? My question is general, but just ...
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My friend borrowed money but does not want to pay back. It was a 'buddy promise' with no pay back time stipulated

My (used to be) friend borrowed some money from me but does not want to pay back. It was a 'buddy promise'. I have SMS, Email & Bank Transfer slips as evidence. Since it was done between buddies, ...
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Disputes Tribunal handling confidential information (New Zealand)

If a party has information that is confidential in nature, do court procedures allow for this information to be provided to the Adjudicator without a copy being presented to the other party. For ...
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Can I sue a moving company for damages in small claims court?

I hired a moving company to move my furniture from one apartment to another. While unloading a coffee table, one of the movers stacked a stone sculpture on top of the coffee table. This caused the ...
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Can I refuse to settle out of court even if the defendant agrees to pay my claim amount?

I am suing a large corporation in small claims court for what I believe is a clear-cut case that I will win. The amount I am claiming is only a few hundred dollars and I suspect the company will offer ...
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What happens if debtor pays before enforcement hearing?

This is a hypothetical scenario. I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
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Can a hit and run victim sue the car owner for not having insurance?

An adult driver hit-and-ran someone who found the car later at the driver's mom's house. Her son had been driving but she owned the car. She talked to the police and gave them the insurance card, ...
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2 answers
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How to get current insurance information from car owner of son's hit-and-run charges

A month ago I had a hit-and-run on my property and car, and a few hours later they were found at his mother's house. Car owned by mother, driver is her adult son. Mother finally gave investigating ...
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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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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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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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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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2 votes
1 answer
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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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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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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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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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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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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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3 votes
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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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1 vote
2 answers
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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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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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0 votes
3 answers
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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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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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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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2 votes
1 answer
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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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2 votes
0 answers
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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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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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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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-1 votes
2 answers
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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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0 votes
1 answer
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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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0 votes
1 answer
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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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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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