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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votes
7answers
14k 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 ...
7
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1answer
4k views

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 ...
6
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1answer
130 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 ...
5
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2answers
15k 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 ...
5
votes
3answers
473 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 ...
5
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1answer
326 views

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.
5
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1answer
106 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 ...
4
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1answer
78 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 ...
4
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1answer
838 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 ...
4
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1answer
156 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 ...
4
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2answers
144 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 ...
4
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1answer
614 views

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 ...
4
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2answers
118 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 ...
4
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2answers
387 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, ...
3
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2answers
531 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 ...
3
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1answer
90 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 ...
3
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1answer
68 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 ...
3
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1answer
399 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). ...
3
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3answers
125 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 ...
3
votes
1answer
161 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 ...
3
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1answer
206 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 ...
3
votes
1answer
162 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 ...
3
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0answers
71 views

How much to sue for something intangible not being met

In BC there is a right to Quiet Enjoyment which is at least partly the responsibility of the landlord. If a tenant was forced to move out due to Quiet Enjoyment not being fulfilled, how much would ...
3
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1answer
96 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 ...
3
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1answer
46 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
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2answers
213 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 ...
2
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3answers
180 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 ...
2
votes
5answers
2k views

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 ...
2
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3answers
168 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....
2
votes
2answers
305 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 ...
2
votes
1answer
173 views

Can you have a legally binding agreement in a “Without Prejudice” email?

I have an outstanding claim against a company. They have agreed to settle before the hearing, but, it is subject to me filing a notice of discontinuance to the court which is understandable. The ...
2
votes
2answers
109 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 ...
2
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2answers
246 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 ...
2
votes
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. ...
2
votes
2answers
531 views

What is an arbitration between two companies…?

I was involved in an accident and now my insurance and the other persons insurance couldn't come to an agreement as to who is at fault. I called the other person's insurance (Geico) and they're ...
2
votes
2answers
88 views

Who is liable the prior franchise owner, current franchise owner or franchise?

Say a 24 hour gym Franchise offers cancellation through email of their memberships. A cancellation email was sent but the membership was never cancelled and has been withdrawing dues for up to two ...
2
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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 ...
2
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1answer
32 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 ...
2
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1answer
52 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?
2
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1answer
103 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 ...
2
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1answer
86 views

In Canada, does any claim less than $25,000 have to be made within 2 years of the offense?

In the province of BC small claims court hears claims of up to $25000. A plaintiff has two years to file a claim from when the incident occurred. Does this mean for things less than $25000 a potential ...
2
votes
1answer
306 views

How can I enforce a judgement against an LLC owned by minors in PA?

How can I sue an LLC owned by minors in PA, after a court order to pay has been ignored? I sued an LLC I was renting a house from because I did not receive my security deposit back when I moved. I ...
2
votes
1answer
12k views

Can suits be filed in small claims courts from overseas?

I often see freelancers suggesting to other freelancers to use the small claim courts to get paid when the client is in another country. Already with the small claim court, there's a maximum amount ...
2
votes
3answers
82 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 ...
2
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0answers
57 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 ...
2
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0answers
45 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 ...
2
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0answers
70 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 ...
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2answers
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 ...
1
vote
3answers
471 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 ...
1
vote
2answers
84 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 ...