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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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Why would one ever need a capias instead of a writ of execution?

In for example small claims, if the plaintiff wins and the defendant doesn't show for the payment hearing, the plaintiff can request a capias (civil arrest) and/or a writ of execution (e.g. lien) to ...
Samuel's user avatar
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Moneyless Winner wins at Small Claims Court. Loaded Loser appeals, but how can Winner protect against any adverse cost?

After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't ...
user109440's user avatar
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1 answer
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How does jurisdiction apply to ownership rights of personal belongings across countries? Can ownership be transferred?

Here is the predicament: A has belongings of B. A is a US citizen based in the US and B is a foreign national of another country. B decides that they are giving ownership of their belongings to C who ...
Vis4Victim's user avatar
0 votes
2 answers
153 views

How to force business to provide address to serve them with?

Related to my question about a locksmith blatantly overcharging me and ripping me off when I had no alternative. I called my bank to reverse the transaction but as it had been paid with Zelle there ...
Runeaway3's user avatar
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3 votes
1 answer
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Discount code as a contract breach remedy?

Bob is a customer of Acme ltd., an online service provider (e.g. domain names, hosting etc.). It's time for Bob to renew some of Acme's services he is using, so he logs in to his account and sees this ...
Greendrake's user avatar
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1 vote
1 answer
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What state does a web hosting service get sued in?

Bob uses a web hosting service. He has a dispute over a bill and did not get a customer service solution. Bob wants to take the web hosting service to small claims. The terms of service state: This ...
GBG's user avatar
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3 votes
2 answers
176 views

Can open source software licenses be enforced in small claims court?

I'd like to distribute a software project under a GPL license. If someone (apparently) distributes software that includes or links against my GPL project, what claims could I make, and what ...
Jacob Marble's user avatar
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I am the Manager/owner of a Michigan LLC and need to take legal action in Michigan to collect unpaid tenant rent [closed]

I am the Manager/owner of a Michigan LLC which owns several rental properties. I need to take legal action in Michigan to collect unpaid tenant rent... about $8000 overdue Do I have to hire an ...
Burkhart's user avatar
2 votes
2 answers
162 views

How do you value damages on missing features in a lease? [closed]

We leased a car that was supposed to have an auto starter. I have written correspondence of this and I believe it is in the paperwork for the lease as well. The car does not. The dealer is ...
Nicholas's user avatar
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8 votes
1 answer
950 views

What court in Kentucky, USA handles cases between $2500 and $5000?

I'm not the OP on that Reddit thread, nor have I commented on it, so I'm not trying to spam it. A comment on r/LegalAdvice mentioned Kentucky's small claims limit is $2500 [...] so if the value is ...
cocomac's user avatar
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13 votes
6 answers
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Can someone legally require you to pay them back after passing on a discount?

Can someone who willingly let us use a “friends and family” discount at their place of work ask for it back in the form of money? A friend regularly gets coupons from her employer. These coupons ...
SuperMario's user avatar
4 votes
1 answer
339 views

Is it possible to make a non-money claim in Hong Kong?

In the UK when submitting an N1 form to take a defendant to small claims court you can make a claim for money, or alternatively for “other remedies”, for example when money isn’t owed but the claimant ...
Danny Beckett's user avatar
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41 views

question about gifts given, can someone legally take back a gift? [duplicate]

A "friend" of mine is currently trying to get back an item from me they gifted, they claim it was given because of mania and I took advantage because I did not decline the gift. I have photo ...
anon's user avatar
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3 votes
2 answers
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In which states can an out of state company be sued in small claims court?

In the U.S., where can a company be sued in small claims court for a breach of contract and fraudulent billing, when the plaintiff resides in one U.S. state, the company's headquarters and place of ...
SDH's user avatar
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1 vote
2 answers
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Small claims court when the plaintif lives overseas (USA/Idaho)

I live in Europe and my property manager in Idaho (USA) is not sending me the rents (which were paid by the renter). I was thinking about suing her in small claims court, but it looks like I have to ...
user3256556's user avatar
2 votes
1 answer
124 views

What enforcement action can be taken against a small claims court respondent?

I recently applied for Simple Procedure (Form 3A) against respondent X at Edinburgh Sheriff Court. (My claim was initiated prior to 31 May 2023.) X did not respond by the deadline. Then I submitted an ...
Medulla Oblongata's user avatar
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1 answer
133 views

Can multiple separate plaintiffs participate in one small claims case against one defendant?

I'm friends with a small group of people (4 or so) who have been scammed ($500-$3000 each) by a vendor. If they want to try to recover damages in small claims court, would they be able to be ...
Piper McCorkle's user avatar
1 vote
1 answer
142 views

Would I sue seller or manufacturer for a new appliance that does not function correctly? [closed]

TLDR We bought a dishwasher. It doesn't work. Mfg just keeps delaying with service visits and attempted fixes. I'm done and ready to buy a new dishwasher and sue for the cost of the old. Who do I ...
Nicholas's user avatar
  • 279
2 votes
2 answers
103 views

What is the correct venue in which to claim for one’s own needlessly wasted or lost time?

Suppose, for example, that a business screws up in a way that harms a customer, and the customer is told that they need to return after 11am on the following day when they will be able to have the ...
TylerDurden's user avatar
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1 answer
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Why can’t claims under s214 Housing Act 2004 be issued in the small claims track?

Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within ...
TylerDurden's user avatar
2 votes
1 answer
291 views

Collecting judgement against a company

So in a situation where a person wins small claims court against a company, what are the steps in collecting judgement if the company doesn't want to pay? I've researched placing a lien or garnishing ...
Alex's user avatar
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2 votes
2 answers
225 views

How can a lender of a small loan protect himself from the borrower not paying them back?

An acquaintance asked me to lend him money. I believed his story and lent him $100. He promised to pay me back $150 in 5 days time. It's been months and he hasn't paid me anything. I have heard that ...
CoriolisForceFighter's user avatar
0 votes
2 answers
124 views

What legal action will be most likely to succeed in reclaiming money stolen by a contractor? [closed]

I've hired an individual to do various repairs on a mobile home. There were two initial sections that had two handwritten contracts, and they were (mostly) completed. After those two contracts, I gave ...
shrimp's user avatar
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2 votes
2 answers
332 views

Is a repair technician responsible for the issues he created?

A repair technician was hired to repair a microwave (MW), but instead he broke the oven attached to said MW, and then said that he cannot repair either appliance unless I make the back of both ...
Michael's user avatar
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0 votes
1 answer
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Not returning a refund for a car purchase

Imagine someone pays a deposit for an out of state “classic” car, with an agreement that the balance would be payable when the car is collected - although no time frame was agreed between the two ...
Fernando Rodriguez's user avatar
2 votes
1 answer
213 views

How do I print or present emails to support my defense in an unlawful detainer?

When presenting digital evidence in small-claims court, what is the correct way to do so? For example, if I have voluminous quantities of e-mails, digital ledgers, and other digital documents along ...
ashley verret's user avatar
3 votes
1 answer
152 views

Reclaim hotel costs from landlord

I was renting a room from a live-in landlord. My girlfriend came from Japan to stay with me for a few weeks. While she was here, the landlord asked for an extra €100 per week while she was here to ...
user avatar
2 votes
1 answer
236 views

Housemate's car backed into garage when remote started - who's at fault?

Bob and Alice live together. Bob is away from home on a trip. Alice is home to greet the contractors for house repairs. When the contractors arrive, they tell Alice they need the driveway for the ...
ohnomygarage's user avatar
1 vote
1 answer
67 views

Who to make out of court settlement offer to in case of not at fault car accident?

Suppose Alice was involved in a car accident, the other party admitted full responsibility and the facts supported such an interpretation. She would like to claim the value of the car from the other ...
User65535's user avatar
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0 votes
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What is the difference between county court and a civil tribunal, and other low level / less formal tiers of courts in the UK?

I suppose that a county court is for civil matters for private parties to sue each other for general civil causes of action. A county court further has a small claims procedure/track for cases of an ...
JosephCorrectEnglishPronouns's user avatar
5 votes
1 answer
673 views

Is there any particular reason that Small Claims court monetary limits are generally higher in Canada than in the US?

By Province/Territory in Canada: https://neighbourhoodlegal.ca/2022/05/15/small-claims-court-monetary-limit-across-canada/ By State in US: https://www.nolo.com/legal-encyclopedia/small-claims-suits-...
Al Lelopath's user avatar
1 vote
1 answer
157 views

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 ...
Isaac's user avatar
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6 votes
2 answers
3k views

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 ...
user1034912's user avatar
  • 1,501
2 votes
1 answer
307 views

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 ...
TomSelleck's user avatar
3 votes
2 answers
823 views

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 ...
smallball's user avatar
1 vote
0 answers
120 views

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 ...
smallball's user avatar
1 vote
2 answers
134 views

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 ...
Erica's user avatar
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0 votes
1 answer
145 views

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 ...
ewil1478's user avatar
2 votes
1 answer
100 views

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 ...
cordialitinerary's user avatar
0 votes
0 answers
191 views

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,...
Greendrake's user avatar
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1 vote
1 answer
821 views

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.
user41993's user avatar
1 vote
1 answer
82 views

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 ...
Wesley's user avatar
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0 votes
2 answers
101 views

If Defendant agrees to settle, can the Plaintiff still be awarded legal fees?

Say Defendant owes Plaintiff money. It's a relatively simple case, such as Plaintiff did work but Defendant isn't paying Plaintiff. Plaintiff files an action in small claims, and Defendant finally ...
cordialitinerary's user avatar
0 votes
1 answer
108 views

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 ...
cordialitinerary's user avatar
7 votes
2 answers
1k views

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 ...
Pete's user avatar
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3 votes
2 answers
245 views

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 ...
user1034912's user avatar
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1 vote
1 answer
198 views

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, ...
user1034912's user avatar
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2 votes
1 answer
48 views

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 ...
davidgo's user avatar
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2 votes
3 answers
681 views

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 ...
Bazcat's user avatar
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3 votes
1 answer
323 views

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 ...
CodyBugstein's user avatar

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