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.

Filter by
Sorted by
Tagged with
1
vote
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 ...
0
votes
2answers
124 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 ...
1
vote
1answer
60 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 ...
0
votes
1answer
37 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 ...
1
vote
0answers
23 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
votes
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 ...
4
votes
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, ...
2
votes
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....
1
vote
1answer
189 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 ...
3
votes
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 ...
1
vote
3answers
470 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
1answer
75 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
votes
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 ...
0
votes
1answer
68 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
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 ...
0
votes
3answers
911 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 ...
-1
votes
1answer
82 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 ...
2
votes
2answers
304 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 ...
1
vote
1answer
333 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
vote
1answer
110 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
vote
1answer
75 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 ...
1
vote
1answer
115 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 ...
-1
votes
2answers
188 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
vote
0answers
80 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 ...
0
votes
1answer
192 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
votes
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 ...
1
vote
0answers
35 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
votes
1answer
118 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
votes
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 ...
1
vote
1answer
69 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
vote
1answer
47 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
votes
1answer
1k 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
votes
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 ...
1
vote
1answer
506 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.
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. ...
-1
votes
1answer
79 views

Can I Identify Facebook Stalker

A cyber stalker keeps making face accounts and messaging me, and leaving comments on my wall. I would like to identify who this person is. For which I would need his email and IP address, to begin ...
3
votes
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
votes
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). ...
1
vote
1answer
55 views

Someone owes money in Australia

Someone owes money in Australia, Can I file case against that person? He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's ...
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 ...
3
votes
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 ...
0
votes
1answer
31 views

Small Claims Court jurisdiction over multi-property company

If I want to sue a Property Management company, that is domiciled in a different city and county from various properties they manage: Can I sue them in any city where they have property, or do I have ...
1
vote
1answer
701 views

Does an email constitute a binding contract with regard to LLC Ownership Transfer?

I'm one of three cofounders of an LLC incorporated in Delaware. The LLC is very much a startup and has not been profitable nor has any assets. Because of lack of sales, one of our founders told us ...
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
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 ...
1
vote
4answers
373 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
1answer
61 views

Security Deposit Lawsuit

I graduated in December 2015, and had someone take over my lease. They were rather destitute at the time, so instead of paying their security deposit upfront to replace mine when they moved in, I ...
2
votes
1answer
85 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 ...
0
votes
2answers
637 views

Credit card dispute: burden, rights, and options

I have a dispute with a credit card company. I would like to know my rights and my options. Here is the situation. An Israel based group offered to sell me a language course. It was a year long ...
0
votes
1answer
115 views

Can the Small Claims Court in California be used to rescind a sale?

If a good was sold and the buyer sues for a rescission because of a misrepresentation of the good during the transaction, can this lawsuit be filed in the Small Claims Court?