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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83 views

How do you serve a person in Small Claims Court if they are International but their Business is here in the USA?

The company subject has two owners, and I was the Third, I am sueing my x partners now for the debt that they did not pay and left for me. They are International but have since started a New company ...
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36 views

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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108 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
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108 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 ...
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65 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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63 views

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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1answer
147 views

Can a fan be considered an “air conditioning unit”?

Saw this apparently ridiculous statement from Airbnb on social media today, A fan legally constitutes an air conditioner It's unclear by what law that might be the case - the situation took place ...
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41 views

Can an individual in California file a small claims case and NOT serve the defendant (or defer the serving)?

Does California allow a plaintiff to file a small claims case and either not serve the defendant or defer the serving until some time in the future (perhaps the plaintiff has 6 months to serve the ...
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204 views

Can you sue a person for time spent taking them to court?

I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
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155 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
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35 views

Paying for slightly more than claim amount after small court arbitration

I was wondering if there is a disposition for small claims court that was settled via arbitration (no appeal is allowed and the decision is final) - then would it be unlawful to pay more than the ...
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35 views

In a civil case, do both Plaintiff and Defendant have the same exhibit lettering?

For instance, if the Plaintiff files a complaint and references "Exhibit A" and the Defendant files an answer denying the allegations of the complaint and also wants to reference some document/...
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36 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 ...
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Can I put two cases together in Small Claims Court

I was an apprentice and my employer has broken the contractual agreement I signed by not allowing me to train or study within the working week. My placement was supposed to be 4-days work, 1-day study/...
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79 views

What happens to ongoing EU small claims (under 5000 euros) court cases after brexit?

I plan to take my ex landlord to court, who has now given me an Austrian contact address. I have not started the proceedings yet, so I imagine that the case might not finish until after 31st October. ...
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37 views

What happens if a person hides seized movable property from bailiff?

If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property? Can the debtor be charged ...
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181 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 ...
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1k 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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116 views

Incorrect details on MLS listing, misrepresentation?

I am my own real estate agent and I recently got a property under contract. The description the selling agent added on the MLS said the property was rentable via Airbnb. When I asked for the bi-laws ...
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106 views

Got a ticket in Quebec for violating pedestrian red light. Name spelled wrong

Last year, I got a ticket from the police for violating a pedestrian redlight signal. They issued the ticket to me but spelled my name wrong. I emailed them to fight it in court, and now they have ...
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63 views

Bailiff refuses to go to court

I am the plaintiff in a case (small claims court Quebec) I hired a bailiff to carry out an execution of judgement he did and seized some property from the defendant. Now the defendant is trying to ...
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1answer
59 views

Is there something in littigation for when a party isn't honestly trying to resolve the issue

I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this. For example we reached a ...
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92 views

What is “assignee of record”?

I see "Assignee of Record" in some forms associated with small-claims in California, i.e. https://www.courts.ca.gov/documents/sc130.pdf. What is Assignee of Record?
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55 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
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24 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 ...
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85 views

Damage caused by pigeons who is liable

I own a flat in the UK and I have a problem with pigeons living under the the decking of my balcony. The balcony is within my demised property (as the leasholder), but the drainage pipe that the ...
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120 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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80 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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64 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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96 views

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

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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58 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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24 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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73 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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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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71 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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86 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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1answer
102 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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61 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
83 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
34 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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90 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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53 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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77 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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97 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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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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255 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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130 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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86 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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94 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 ...