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 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
8 votes
1 answer
903 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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2 answers
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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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Is there a (preferably free) way to search small claims court records in the UK?

I want to check up on a second hand car dealer in the UK to see if they've had any small claims court cases against them (and preferably the result of these cases). Is there any publicly available ...
user1578653's user avatar
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
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6 votes
1 answer
228 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 ...
Paul Johnson's user avatar
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5 votes
5 answers
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Can a witness safely admit to committing illegal actions?

Can someone who is testifying as a witness in a U.S. civil (small claims) case receive immunity from criminal acts? Consider this hypothetical: The defendant is accused of stealing something from ...
user01101001's user avatar
5 votes
1 answer
668 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
5 votes
2 answers
19k views

Does a text message count as an oral or written agreement?

This must depend on a state. Let's take some small state like Arkansas, or Michigan. (In my experience California, Florida, and Alaska are outliers :) . Other states have similar laws.) Arkansas is ...
Emily's user avatar
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1 answer
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In small claims court, can I sue for the time I spend putting together my case?

That is the time I spend gathering the necessary documentation and doing other things like filing at the court, going to court, collecting, etc., etc. I would be representing myself obviously.
cade galt's user avatar
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1 answer
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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 ...
Sam's user avatar
  • 660
4 votes
1 answer
115 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 ...
rejy11's user avatar
  • 143
4 votes
1 answer
336 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
4 votes
1 answer
1k views

What happens if a person does not pay for the sentence in a small claims court?

The Small Claims Court in California say that they cannot collect the value awarded by any sentence that they deliver. What happens to the defendant if he/she is sentenced to pay the plaintiff but ...
Gabriel Diego's user avatar
4 votes
1 answer
302 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 ...
Janet's user avatar
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4 votes
2 answers
164 views

Relative efficacy of filing for embezzlement in superior court or for return of monies in small claims court

Assume that I have lost $1,000 due to embezzlement. What are the pros and cons and practicalities of trying to press charges of embezzlement vs going to small claims court to get the money back? For ...
user3270's user avatar
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Landlord illegally copied drivers licences; already going to court, what should I ask for?

I'm not looking for personalized advice and I'm not looking for legal advice. Where I live it's illegal for a landlord to copy the tenants drivers license. A landlord may not collect, copy or use ...
Mandy's user avatar
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4 votes
2 answers
175 views

Is there a website that describes how to (or actually does) search small claims court cases?

I would like to search small claims court cases by name of defendant in several locations in the USA. Is this possible? How could I go about doing that? Is there a website (free or paid) that does ...
user3270's user avatar
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4 votes
2 answers
768 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, ...
J L Johnsen's user avatar
4 votes
1 answer
218 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 ...
Mark's user avatar
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4 votes
2 answers
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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 ...
Bilkokuya's user avatar
  • 234
3 votes
1 answer
1k views

Can someone sue me for not giving back the amount of money they gave me as a gift?

I was given an amount of money (less than 2,000$ CAD) as a gift from someone with her confirmation (by message and on paper). At first, I told her that I would accept the gift, but in the future, if ...
Hamie Vo's user avatar
3 votes
2 answers
173 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
3 votes
2 answers
238 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
  • 1,501
3 votes
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745 views

What exactly does it mean for a case to be dismissed?

A plantiff did not attend the hearing. Consequently the adjudicator dismissed his case. What does this mean? I roughly understand that it means the defendant is absolved of the charges and that the ...
Alex's user avatar
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3 votes
2 answers
686 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
3 votes
1 answer
250 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
3 votes
1 answer
322 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 ...
Brian's user avatar
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3 answers
700 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
cnst's user avatar
  • 5,058
3 votes
1 answer
86 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 ...
Greendrake's user avatar
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3 votes
1 answer
143 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 ...
Liseth Cardozo Sejas's user avatar
3 votes
1 answer
78 views

Must I pay counter claim award if less than original claim award?

I won a claim in small claims for $2405. The defendant submitted a counter-claim and won $205. I received two separate letters in the mail, one for each claim. Must I send the $205 to her for the ...
obimod's user avatar
  • 133
3 votes
1 answer
409 views

Non payment on (Phone) Handset Lease

I am in a situation where my friend was not able to get a phone contract under his name, and I being a good friend agreed to add a line to my account and leased a phone for him (all under my account). ...
andre3wap's user avatar
  • 153
3 votes
3 answers
251 views

Can I claim compensation for expenses incurred when an item is late for delivery?

I ordered a huge amount of timber to clad my house. I was assured delivery on a particular day and had booked builders and hired towers and scaffolding. The timber arrived two days late meaning I've ...
Steve Dunn's user avatar
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 ...
Lost Crotchet's user avatar
3 votes
2 answers
1k 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 ...
SDH's user avatar
  • 195
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
3 votes
1 answer
213 views

Serving evidence to ex-landlord and being able to prove it

I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive ...
SamT's user avatar
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3 votes
0 answers
78 views

In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?

As a follow-up to https://law.stackexchange.com/questions/917/can-texas-landlords-charge-administrative-fee-twice-thrice, suppose there's a high chance that a court would accept that it was NOT ...
cnst's user avatar
  • 5,058
2 votes
3 answers
291 views

Can a hit and run victim sue the car owner for not having insurance?

An adult driver hit-and-ran someone who found the car later at the driver's mom's house. Her son had been driving but she owned the car. She talked to the police and gave them the insurance card, ...
Stay-at-home-dad's user avatar
2 votes
3 answers
602 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
  • 21
2 votes
3 answers
385 views

What to do if the defendant failed to follow the court order and send documents to other party

I started a claim against a photography company that failed to attend our engagement party and refused to pay us back. Last week I received a letter from the court saying that our claim is allocated ...
Yama's user avatar
  • 121
2 votes
2 answers
617 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 ...
Jon's user avatar
  • 853
2 votes
1 answer
123 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
2 votes
2 answers
697 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 ...
Nicholas's user avatar
  • 279
2 votes
1 answer
302 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
2 votes
2 answers
249 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 ...
dutyanalysing's user avatar
2 votes
2 answers
218 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
2 votes
2 answers
264 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
  • 1,703
2 votes
3 answers
287 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....
Sam's user avatar
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