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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16 views

Must party reply to facilitate term in settlement agreement?

I had taken my ex-landlord to court. We reached a settlement. Part of the settlement was he would grant me access to pickup my furniture he took. The ex-landlord hasn't been replying to my emails and ...
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40 views

How to purchase/sell seized cattle

I own a construction company in Quebec Canada, a client did not pay me. I spent 5 years in court and finally won but he refused to pay so I hired a bailiff to seized his cattle they're going to be ...
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69 views

What happens if parties do not honour a settlement agreement?

Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were grocery store shall pay shopper $100 ...
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2answers
51 views

What happens if someone knowingly accepts a contract with some invalid terms?

A dispute arose between me and my ex-landlord. Before any litigation, I told him the things I expected that he wasn't doing. His response was to agree to do them, provided I would agree to various ...
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1answer
91 views

Best way to provide video of landlord doing something he lied about not doing?

I lived in a rental home where my landlord lived in the same building. The landlord had this notion he could "immediate evict" anyone. He told me if I wasn't out he would replace the locks and remove ...
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55 views

Airline ignoring Montreal Convention [closed]

I flew with Finnair from Moscow to Montreal. My luggage got delayed by 3 days. As per Montreal Convention, I can spend up to 1,131 SDR on necessities as my luggage is missing and the airline is ...
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68 views

Excluding yourself from a class action lawsuit and then suing based on the settlement in small claims?

The equifax class action lawsuit seems to have been settled, but it seems clear that people aren't going to get the expected payout. If I really wanted to stick it to Equifax for what I consider ...
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20 views

Aggravated vs Punitive damages

What is the difference between aggravated and punitive damages? It seems aggravated is in response to something that was done to the plaintiff that cause suffering greater than what was simply taken ...
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1answer
71 views

In general should court documents not be disclosed?

I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of ...
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67 views

When is something inadmissible as evidence because it's considered a negotiation?

To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence? My (ex)landlord demanded I move out immediately. I told him I ...
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1answer
57 views

How can settling a claim be beneficial and done properly?

I have a claim against my ex-landlord. I found it necessary to go to court. He said he blocked all communication with me and stopped replying to my messages about money and furniture he owes me. After ...
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2answers
81 views

Is it bad to have communication with opposing party outside of court?

I started a claim against someone. The level of court does not require lawyers. The defendant rejected all my claims through the court, but contacted me by email saying he wishes to meet in person to ...
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47 views

What information will be made public by CRT and for how long?

I would like to bring a case to the Civil Resolution Tribunal. I would like to know more about it's privacy. From there Information Access & Privacy Policy it appears the public can access just ...
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60 views

What's the best way to include e-mails as evidence from a technical perspective?

It probably would be easiest to copy and paste quotes from emails into my evidence submission. But of course text could easily be changed in this format. I could take a screen shot of the email as I ...
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1answer
54 views

Foreign company failed to honor a merchandise cancelation [closed]

I purchased two rugs in Morroco while on vacation. I live in the US. Eight hours later, I left a phone message and email with the merchant to cancel my order. I made serveral attempts to stop ...
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1answer
74 views

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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1answer
31 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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77 views

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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48 views

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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70 views

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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58 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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29 views

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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3answers
84 views

Access to Small claims procedure [closed]

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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2answers
79 views

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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1answer
57 views

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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1answer
194 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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76 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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61 views

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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45 views

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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236 views

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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7answers
13k views

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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2answers
91 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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1answer
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
142 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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128 views

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
238 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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1answer
67 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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45 views

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
77 views

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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2answers
710 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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1answer
51 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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104 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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70 views

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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121 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
57 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
36 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
369 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, ...