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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81 views

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 ...
1 vote
1 answer
57 views

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 ...
3 votes
2 answers
170 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 ...
0 votes
1 answer
50 views

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 ...
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 ...
8 votes
1 answer
854 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 ...
14 votes
6 answers
6k views

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 ...
4 votes
1 answer
334 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 ...
0 votes
0 answers
37 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 ...
3 votes
2 answers
843 views

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 ...
1 vote
2 answers
110 views

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 ...
2 votes
1 answer
122 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 ...
2 votes
1 answer
78 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 ...
2 votes
1 answer
152 views

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 ...
1 vote
1 answer
82 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 ...
0 votes
2 answers
95 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 ...
1 vote
2 answers
200 views

How do I find out if a company I want to claim against has a UK address

I intend to take Norwegian airlines to court to claim for unpaid compensation. This is NOT a question about whether I am entitled or not, I need to know to whom I should address the small claim. The ...
2 votes
2 answers
99 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 ...
-1 votes
1 answer
64 views

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 ...
4 votes
2 answers
128 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 ...
2 votes
1 answer
99 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 ...
2 votes
2 answers
208 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 ...
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 ...
2 votes
2 answers
220 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 ...
2 votes
1 answer
142 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 ...
2 votes
1 answer
233 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 ...
0 votes
1 answer
108 views

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 ...
3 votes
1 answer
150 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 ...
1 vote
1 answer
129 views

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 ...
0 votes
1 answer
58 views

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 ...
1 vote
1 answer
59 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 ...
5 votes
1 answer
666 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-...
1 vote
1 answer
142 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 ...
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 ...
-1 votes
2 answers
733 views

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....
2 votes
2 answers
11k views

Roommates aren't paying utilities, can I take them to small claims court?

There were 4 of us living in a condo, all 4 of us were on the lease and we paid rent separately to the landlord. The landlord covers the water bill and nothing else for utilities per our lease. The ...
2 votes
1 answer
294 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 ...
3 votes
1 answer
85 views

How will Brexit affect ongoing court claims and existing judgements within the EU courts?

I am wondering how ongoing court cases and existing (i.e. pre-decided) unsettled judgements will be treated after Brexit? Moreover, I would like to know how judgements decided after Brexit for court ...
3 votes
2 answers
531 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 ...
1 vote
0 answers
106 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 ...
1 vote
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111 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 ...
2 votes
4 answers
1k views

Business not honoring promotional credits despite extensive efforts to work with them

Overview: I purchased three new smartphones from a large, well-known, phone company on 11/27/2015. Each phone qualified to receive $300.00 in promotional credits after trading in a separate smartphone ...
0 votes
1 answer
130 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 ...
2 votes
1 answer
99 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 ...
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,...
1 vote
1 answer
582 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.
1 vote
1 answer
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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 ...
0 votes
1 answer
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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 ...
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 ...
3 votes
2 answers
234 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 ...

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