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Depending on the State in which you are filing your small claims suit, equitable relief is available. You will need to do your research on local and state civil codes to ensure the following info is accurate. But as of 2008 these are states that will NOT allow Equitable Relief.
Below are a list of states that DO NOT offer Equitable Relief:
COLORADO
CONNECTICUT
District of Columbia
HAWAII
INDIANA
IOWA MAINE
MARYLAND
MICHIGAN
NEVADA
NEW YORK
North Carolina
North Dakota
OHIO
TEXAS
VERMONT
WASHINGTON
WEST VIRGINIA
What else can I help you with?
Can Alabama small claims court impose equitable relief?
In small claims court in most states the judge determines who is more likely correct in their assertions. The judge then has the ability to make an award based on the law and or equity. See related answers below for all 16 states that do not have equity available as a basis for judgment
What is the US Claims Court?
The US Claims court is the former name of the current "United States Court of Federal Claims." This court has jurisdiction over all claims against the United States for damages, breach of contract or equitable relief. Think of it as a special court where you sue the government itself.
In federal court parties have a right to trialby jury when seeking equitable relief?
The statement that federal court parties have the right to trial by jury when seeing equitable relief is true. This right was put into place when the 7th Amendment was ratified.
What is the difference between equitable relief and injunctive relief in legal terms and how are they applied in cases involving disputes or breaches of contract?
Equitable relief and injunctive relief are both types of remedies sought in legal cases. Equitable relief typically involves actions that aim to address fairness and justice, such as specific performance or restitution. Injunctive relief, on the other hand, involves court orders that require a party to do or refrain from doing something. In cases involving disputes or breaches of contract, equitable relief may be sought to ensure that the parties are treated fairly and justly, while injunctive relief may be used to prevent further harm or enforce specific terms of the contract.
All of the following are types of relief except what?
All of the following are types of relief except "punitive relief." In legal contexts, relief typically refers to remedies granted by a court, which can include compensatory relief, equitable relief, and declaratory relief. Punitive relief, on the other hand, is not recognized as a standard type of relief; rather, punitive damages are meant to punish the wrongdoer rather than to compensate the victim.
What the conduct of litigation?
a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.
What recourse is there if ex does not pay out owed equity?
Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order.Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order.Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order.Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order.
Which court was formerly known as the US court of claims?
Court of Federal Claims
Which court was formerly known as the U.S. Court of Claims?
court of federal claims
What are the differences between legal remedies and equitable remedies, and how do they impact the outcome of a court case?
Legal remedies are typically monetary compensation or specific performance ordered by a court, while equitable remedies involve non-monetary solutions like injunctions or specific performance. Legal remedies focus on compensating the injured party, while equitable remedies aim to prevent unjust enrichment or enforce fairness. The choice of remedy can significantly impact the outcome of a court case, as it determines the type of relief granted to the parties involved.
In which court would one sue ones HOA?
If you are requesting money damages only, and your claim is at or below the jurisdictional limit, I suggest small claims court. Small claims court is quick, inexpensive, informal, and requires no legal knowledge. Both parties are forbidden to be represented by attorneys in small claims court. For details, contact your local court. For matters exceeding the small claims court jurisdictional limit, or if your requesting relief other than money (an injunction, for example), you will need to sue in the court of general jurisdiction (Superior Court or Circuit Court--name varies by state). See an attorney for details.
How do you get a court order to get property?
You will need to file a lawsuit requesting an injunctive relief. For that, it is strongly recommended that you have an attorney represent you. It will cost a lot less if you sue the person for the value of the property in small claims court. In small claims, you don't need an attorney (in fact, they are not allowed). See the below link.
