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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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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
12k 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
88 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
47 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, ...
4
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1answer
124 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 ...
6
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1answer
110 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 ...
2
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2answers
133 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
36 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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2answers
41 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 ...
4
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1answer
71 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
58 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
227 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
40 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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2answers
92 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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2answers
67 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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2answers
115 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
50 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
29 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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0answers
27 views

Small Claims Court vs Civil Resolution Tribunal

My landlord is not giving my damage deposit back. Since I shared some of the living space with them, this falls out of the jurisdiction with the Resedential Tenancy Branch. My question is, which ...
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0answers
22 views

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?
2
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0answers
39 views

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 ...
4
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2answers
207 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
146 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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1answer
142 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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1answer
91 views

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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3answers
336 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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1answer
69 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 ...
3
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1answer
87 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
65 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 ...
3
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1answer
154 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
505 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
71 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 ...
3
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2answers
183 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
213 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 ...
1
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1answer
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 ...
1
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1answer
57 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
74 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 ...
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2answers
168 views

Company is being shady about giving me a refund

I bought a product for ~1800 dollars. Their company states that as long as the product hasn't shipped, I can get a full refund. They also say they have a 14 day money back guarantee even after the ...
1
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0answers
67 views

Preparing for Citation to Discover Assets (Creditor)

My parents received a small claims judgement against a wedding caterer who failed to refund a deposit for cancelled services. The caterer has not paid the judgement yet (it's been about 2 years). Now ...
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1answer
149 views

What do you sue for in a breach of warranty case when no other repair is available?

We purchased a spa from a local dealer and had it delivered approximately one year ago. We immediately reported that over 50% of the jets were not working or working poorly, and were also not ...
2
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1answer
88 views

What is the anatomy of a small claims case?

My specific situation applies to Pennsylvania. I live in Washington County and the defendant lives in Allegheny county. But a generic answer applicable nationwide would be welcome (if possible). My ...
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0answers
33 views

Is it possible to take someone to small claims court while living and working abroad? [duplicate]

My father passed away two years ago. My brother was issued executor of my father's assets. My father left a will stating I have equal rights to the assets he left when he passed away. I live and ...
0
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1answer
105 views

Indiana, USA. How do I legally refuse defendant's request for a later trial date and “limited discovery” in small claims court? [closed]

I filed a small claims case against a small company who broke an item that was shipped to me. In response I recently received a packet of papers from the defendant's attorney basically requesting that ...
3
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1answer
195 views

What expenses can I claim in a small claim court?

Ontario/Canada. I want to file a small claim against my previous roommate who I met online and with whom I signed a year contract for a two bedroom apartment. After I sublet my room for the last four ...
1
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1answer
68 views

Dismiss with Prejudice Following Settlement - Do I lose protection for a new claim?

I went to small claims and received a default judgment in my favor (I was the plaintiff). I got my money, now the question is do we then file a motion to dismiss (with prejudice)? If we do that, ...
1
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1answer
46 views

Can you file a lawsuit before paying unwarranted damage charges?

I recently moved out of my apartment and was just sent a bill for $608.93 for "damages" that I believe are completely unfounded (some of which I noted on my original move-in condition form). I ...
0
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1answer
682 views

Can I do a small claims suit against someone that moved out of the country

We had both agreed that the defendant would sell me a car on a given date. He then contacted me 4 days before the date to tell me that he was going to be unable to give me the car on the set date, and ...
2
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2answers
186 views

Can companies refuse to hire you if you've sued them in small claims court before?

This is a hypothetical question I thought of earlier today, I do not plan on taking any legal action right now. If I were to sue a fortune 500 company in small claims, would they be able deny hiring ...
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1answer
426 views

Can I sue from California, in small claim court, someone in England who is British?

Can I sue from California, in small claim court, someone in England who is British? I live in California and this guy sometimes comes to CA for business. He stole money from me in the U.S.
3
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2answers
1k views

Can I file a small claims suit against a company that is shutting down?

This summer I did freelance work for a very early stage startup. We had a contract for an 8 week project wherein they should have paid me half of the fee after 4 weeks, and the rest after 8 weeks. ...