Small Claims

Small claims are informal disputes that are resolved quickly, without an attorney in a small claims court. Depending on the state, small claims usually involve less than $1,000.

1,357 Questions
Law & Legal Issues
Small Claims

Can you contest a small claims judgment against you if you were never served the court paperwork?

Possibly, it depends on the circumstances. The claimant or their agents would have to show that they have made every effort to find you but were unsuccessful. If you have, for example, moved to several addresses and not kept your creditor informed then they could argue that you made it too difficult to find you.

If they just didnt make an effort to contact you then yes, you should talk to a lawyer about contesting the finding. This goes to the issue of service of process and the concept that you must be served with the summons and complaint in order for the court to have "personal jurisdiction" you. Note, through, that depending upon the State and the kind of case involved, personal service is not always required--for example, some States allow service of process upon the Secretary of State in some circumstances if a diligent effort of personal service has been made.

Another view: This question could have two possible answers DEPENDING ON what paperwork you are referring to and what stage of the process you are asking about.

If the question is about NOT being notified of the proceedings then the above answer might apply.

HOWEVER - if you are complaining about not being served with the court decision that awarded the claim to your creditor - you are out of luck - at least in the short run.

If they were awarded the judgment 'in default' (because you did not show up or raise a defense) you MAY be able to petition the court for a re-hearing, but you had better have some pretty convincing evidence to present in order to overturn the original finding and award. Generally, in a situation such as tha,t you have to be able to demonstrate a valide reason for not appearing in court or filing an answer (whichever was required) and that you have a valid, legal defense to the claim.

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Math and Arithmetic
Florida
Small Claims

What is Form 7.343 used for?

Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.

At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.

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Law & Legal Issues
Small Claims

Can I sue for pain and suffering in a California small claims court?

No. Small claims courts are for what their name implies - for collecting "small claims," usually considered in many (all?) states to be of tangible monetary value less than $5,000. If you were to wish to pursue a claim for intangible damages it would have to filed in civil court, but not on the Small Claims docket.

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Small Claims
Civil Lawsuits

What if someone is threatening to sue you?

There are many suggestions to this question, the most important suggestion, in my own experience, is to make a record of everything that is involved in the issue and the person bringing the suit. Recording includes journaling, keeping receipts or any other pertinent records, and even making audio recordings of any dealings between the two of you or any other person involved.

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Auto Insurance Claims
Statutes of Limitations
Small Claims

Is there a statute of limitations to file a claim?

Statute of Limitation for Insurance ClaimsMost state regulation provide for a maximum of 2 year delay for filing an insurance claim. You should refer to your state's regulations for specific limitations. Your insurance agent will generally know the limitation for the state he does business in.

Most homeowner policies require notification as soon as the loss occurs. The Commonwealth of Mass has a two year statute of limitations; however, most insurance companies will proceed under a non-waiver agreement or reservation of rights letter, as the report of the loss moves away from the date of loss. They do this so that their rights are protected.

With such an agreement in place, the insurer will proceed to investigate the cause of the loss and if their rights have not been prejudiced, they will continue to negotiate and settle the claim with the homeowner.

As the reporting time of the claim moves beyond a day or two, things can happen which could compromise the insurer's ability to determine the available coverages, the actual cause of the loss or determine the responsible parties. If the late reporting compromises their efforts they may deny coverage based on the late report of the incident.

Small Claims Court- Civil

If this is the type of Statute of Limitations to which you are referring, it is defined by statute in each state. The civil lawsuit must be filed with the court having proper jurisdiction within the governing limitations period, or else the suit will be time barred. Service of process will also have to be made on each defendant so that they have actual or constructive notice of the lawsuit. While the accomplishment of service is not necessary for the lawsuit to be deemed timely filed within the limitations period, the failure to achieve service and/or the failure to diligently pursue the achievement of service may result in the dismissal of the lawsuit against the unserved party. In that event, the applicable Statute of Limitations may expire as to that person or entity in the interim.

The limitations period depends both upon the state in which the action will be filed (either where the cause of action accrued, where one or more of the defendants reside or do business, or where the contract was entered or breached), and the basis of the cause of action. As to the latter, there will generally be different limitations periods depending upon whether the cause of action sounds in tort (generally defined as a "personal wrong", such as battery, slander, negligence), or in contract (a promise for a promise, a promise for an act, or an act for an act). As to breach of contract cases, the limitations period can differ depending upon whether the contract was verbal or written.

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Law & Legal Issues
Small Claims
Homicide

Is it legal for someone or an attorney to hold another persons mail as proof of residence in a small claim dispute?

As far as the mail is concerned - it is covered by US Statute and it is illegal for anyone to take anyone's mail out of the mailbox for any purpose. In fact it is even illegal to place anything into a mailbox that was not delivered by the US Mail - the Post Offcie can and many times demanded that postage be paid on those items.

What do you mean by "hold" their mail? Either you live somewhere or you don't.

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Law & Legal Issues
Court Procedure
Small Claims

Can you include lost wages in small claims court?

If the claim for which you are bringing suit warrants lost wages, you can include them in your suit.

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Small Claims

What will happen if you do not appear in small claims court when summoned?

In many cases, a defendant's failure to appear (or to request a continuance) will result in a summary judgment. This can result in further legal proceedings against the defendant even if it is eventually appealed.

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Insurance
Auto Insurance Claims
Small Claims

Does insurance pay for small claims judgment against them and their client?

In most cases, yes. That is what insurance is for.

Farmers Insurance. I figure since they sent 3 people to represent or help the defendant with her case, and lost. They should cover the judgment that was in my son's favor. My son's insurance is 21 century.

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Small Claims

Can you appeal when you don't show up for small claims court?

Look to your states laws, court precedents, and rules. Most post motions such as, "a motion for new trial", will preserve your right to appeal. Any appeals based on a De Novo review from a small claim court will allow you to appeal, regardless.

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Children and the Law
Small Claims

Can a minor testify in small claims court?

Yes. Anyone can testify in court of any kind if they have knowledge of relevant facts and have some way to communicate to the trier of facts (either the judge or the jury).

A minor can testify, so long as they know what it means to tell the truth.

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Bankruptcy Law
Civil Process
Court Procedure
Small Claims

Can a small claims court judgment be discharged in a chapter 7 bankruptcy?

Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.

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Civil Cases
Small Claims

Can you sue if someone is spreading false rumors about you?

Not usually: if this is a private matter in your personal life. If, however, it involves your work place or a business, consult a lawyer.

959697
Small Claims

Small shop 1 customer will not pay his bill can you take him to small claims court?

yes you can the law allows anyone to file a small claims lawsuit. But make sure you have his correct address my suggestion is you send what is called a "DEMAND LETTER" by regular us mail and by certified mail "restricted delivery". its about $10.00 at the post office give him 30 days to pay. Dont worry if he dosent sign it just make sure you have his correct home address. Donot accept partial payment. DO NOT ACCEPT A CHECK. CASH OR MONEY ORDER ONLY. IN FULL> if he does not pay in 30 days file a small claims lawsuit against him in the local court nearest to his address. call the small claims court and ask questions. its easy simple and hopefully you will get your money. If you win hire a collection agency to collect your money. GOOD LUCK! JUDE KAGABINES LEXINGTON SC

959697
Law & Legal Issues
Apartments and Home Rentals
Small Claims
Dentists

Can a renter sue in small claims court for constructive eviction?

You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.

959697
Taxes and Tax Preparation
Civil Lawsuits
Income Taxes
Small Claims

How do you avoid paying taxes after winning a large sum of money from a lawsuit?

What the payment is for will determine its taxability. For example, a payment you receive replacing something you lost, such as a car, your home, jewelry, etc., is generally not taxed. Awards and settlements related to personal injury are not taxed. Also, frequently, many of the costs of the lawsuit may be taken against the result and that can substantially change the tax result. (For example, if the attorney is paid a percentage fee or an hourly fee, and who pays for other expenses, are all directly related to who gets the income and or the right to deduct it). These deductions are miscellaneous itemized on Schedule A, and are reduced by 2% of adjusted gross income. Court awards and settlements for breach of contract, most torts, including punitive damages, are generally taxable with the exception of those relating to personal injury.

You should work with a qualified attorney and tax professional to make sure your settlement is structured to minimize any tax liability. If you have already received an award or settlement, then you should consult a good tax professional to advise you. And of course, tax is paid on your entire financial dealings, not just on this one item. So, depending on many other factors, like losses from other sources, charitable contributions, number of dependents and other deductions, you may not end up paying tax anyway.

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Civil Lawsuits
Civil Cases
Small Claims

Cannot be tried for the same crime twice?

Double jeopardy.

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Debt and Bankruptcy
Transportation and Logistics
Small Claims

Can you file bankruptcy on a small claims case?

Yes. If you include it with all other debts and all of your assets. You can't pick and choose.

go to www.nolo.com for answers and reading...I used it and it's the best.

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Small Claims

How do you fight a default judgment in small claims court?

It is nearly impossible to overturn a default judgment unless you can prove that you were not served properly.

757677
Small Claims

How do you serve small claims?

The process of serving small claims varies from state-to-state. They are generally served in the same way as civil summonses. As a general rule, neither you, anyone related to you, nor any witnesses in the case may serve the small claim. Most people have the claim served by a licensed process server or send it certified mail, return receipt requested, restricted delivery to the defendant(s).

Your local small claims court can provide you with specific service information based on your state's laws.

757677
Snow and Ice
Small Claims
Consumer Rights and Protection

Is it illegal to throw snowballs at someone's house?

Yes it is, you could be sentenced for 2 years.

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Business & Finance
Renters Insurance
Landlord-Tenant Issues
Small Claims

Can a property owner lock up a business renter's belongings if the renter is behind on the rent?

only after eviction notice served

707172
Law & Legal Issues
Court Procedure
Small Claims

What is the limit in small claims court in Alabama?

The Small Claims limit in Alabama is $3000. Most Small Claims cases are heard in District Court, but a few types are in Circuit Court. This information came from Court Reference's Alabama Courts Guide, the first related link below. The second related link is a handy guide to Small Claims procedure; it's from Shelby County but probably applies statewide. You can ask the court clerk for more specific information - and the court clerks' contact information is at the Court Reference link too.

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Sales and Customer Service
Market Research
Small Claims

What are the duties and responsibilities of a customer service representative?

Customer Service Consultant duties and responsibilities:ü Consult with customers about their product or service needs or their wants. ü Analyze what the customer says they want and need then tailor it to what CNS offers. ü Troubleshoot products and services to best fit their needs and expectations.ü Receive customer calls of requests for products and services. ü Investigate what products and services the customer will need even if they may not know what they need. Probing as to what they want and present what they feel they may need dependant on their needs and wants. ü Middle liaison between the workers (technicians, SBC and whoever supplies the products or services) and the customer. ü Testing of new products. ü Full responsibility of ensuring that campus is aware of what products and services (applicable to CCU) is trained in understanding what products and services are available, what they do, and how they can order them. ü Provide customer service to faculty, staff, and some students who receive number by accident for help. ü How it gets to the campus is where the two really come together.
A costumer service officer should provide Quality Costumer Service. However, the CSO is a distinct job position, acting as a go-between for the customers shopping in the storefront and the costumer(s) sewing in the back room.

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Court Procedure
Small Claims
Legal Definitions

What does dismissed without prejudice mean in small claims cases?

In all civil cases, the term "without prejudice" means that the Plaintiff may file a lawsuit based on the same cause of action a second time. Many states limit the Plaintiff to only one re-filing.

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