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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.

464 Questions

What is the statute of limitations to sue a landlord in small claims court in the State of Michigan?

In Michigan, the statute of limitations to sue a landlord in small claims court for issues such as unpaid rent or damages is generally six years. This timeframe begins from the date the issue arose or the cause of action occurred. It’s important for tenants to file their claims within this period to ensure their case can be heard. Always consider consulting with a legal professional for specific circumstances.

What is the jurisdictional limit for small claims court in Maine?

In Maine, the jurisdictional limit for small claims court is $6,000. This limit applies to most civil disputes, allowing individuals to seek resolution without the need for formal legal representation. It's important to note that certain types of cases, such as eviction proceedings, may have different regulations. Always check for the most current legal guidelines, as limits may change.

What is the percentage taken out of my payroll check when someone claims 5 independents?

When someone claims 5 dependents on their payroll check, the percentage withheld from their paycheck can vary based on several factors, including the individual's total income, filing status, and tax withholding allowances. Generally, claiming more dependents reduces the amount of federal income tax withheld, but other deductions such as Social Security and Medicare taxes still apply at fixed rates (6.2% for Social Security and 1.45% for Medicare). To get an accurate percentage, it's best to use the IRS withholding calculator or consult a tax professional.

Sue for illegal electronic surveillance and invasion of privacy?

If you believe you've been subjected to illegal electronic surveillance and invasion of privacy, you may have grounds to file a lawsuit. Key factors to consider include whether the surveillance violated specific laws, such as the Wiretap Act or state privacy laws, and whether you suffered damages as a result. It's advisable to gather evidence and consult with an attorney specializing in privacy law to evaluate your case and navigate the legal process effectively.

What does small claims court settle?

Small claims court is designed to resolve minor legal disputes involving relatively low amounts of money, typically ranging from a few hundred to a few thousand dollars, depending on the jurisdiction. It often handles cases such as unpaid debts, property damage, landlord-tenant issues, and contract disputes. The process is generally simplified, allowing individuals to represent themselves without the need for attorneys, making it accessible for ordinary citizens seeking quick resolutions.

How do you file small claims in Florida?

To file a small claims case in Florida, you must first determine the appropriate county court where the claim will be filed, as it should be in the county where the defendant resides or where the dispute occurred. Next, complete a Small Claims Complaint form, detailing the nature of your claim and the amount you're seeking, then file it with the court and pay the required filing fee. After filing, you'll need to serve the defendant with a copy of the complaint and a summons, allowing them the opportunity to respond. It's recommended to review specific local court rules and procedures, as they may vary by county.

What is the maximum you can sue for in small claims court in Los angeles?

In Los Angeles, the maximum amount you can sue for in small claims court is $10,000 for individuals and $5,000 for businesses. This limit applies to most cases, but there are exceptions for specific types of claims. It's important to check the latest rules, as these limits can change. Additionally, you cannot seek punitive damages or attorney fees in small claims court.

What types of disputes can't be settled in small claims court?

Small claims court typically cannot settle disputes involving larger amounts of money than the court's limit, which varies by jurisdiction. Additionally, cases involving divorce, child custody, or other family law matters are generally excluded. Other types of disputes that may be ineligible include those involving appeals from administrative agencies, claims against government entities, and certain types of personal injury cases, such as those requiring expert testimony. Lastly, issues like defamation, libel, or slander often fall outside the purview of small claims courts.

What is the response to motion for plaintiff?

A response to a motion for the plaintiff is a formal document filed by the plaintiff in reaction to a motion submitted by the defendant, typically seeking to dismiss, change, or otherwise challenge the plaintiff's claims. In this response, the plaintiff outlines arguments and legal grounds to counter the defendant's position, providing evidence and supporting case law as necessary. The goal is to persuade the court to deny the defendant's motion and allow the case to proceed. This response is an essential part of the litigation process, ensuring both parties have the opportunity to present their perspectives.

Do you need license to practice law to represent someone in small claims court?

In most jurisdictions, you do not need a license to practice law to represent someone in small claims court. Many small claims courts allow individuals to represent themselves or have a non-lawyer representative, such as a friend or family member. However, some areas may have specific rules regarding representation, so it's essential to check the local court's regulations. Always verify the specific requirements for the jurisdiction where the claim is filed.

Is there jail for contempt of small claims court?

In small claims court, contempt typically does not involve jail time, as the focus is on resolving disputes rather than punitive measures. However, a judge may impose penalties, such as fines or orders to comply with court rulings. In extreme cases, particularly for failure to obey court orders, a judge could hold someone in contempt, which might result in jail time, but this is rare in small claims settings. Always check local laws for specifics, as procedures can vary.

Where can you get the electoral voters list?

You can obtain the electoral voters list from your local election office or the official state election office website. Many states also provide online access to the voters list, allowing you to search by name or address. Additionally, some national organizations and non-profits may offer access to voter registration data. Always ensure you are accessing this information from official and reputable sources.

What happens if someone doesnt respond to a lawsuit complaint?

If someone doesn't respond to a lawsuit complaint within the specified timeframe, the plaintiff may file a motion for default judgment. This means the court can rule in favor of the plaintiff since the defendant failed to contest the claims. As a result, the plaintiff may obtain a judgment that could include monetary damages or other relief sought in the lawsuit. Ultimately, the defendant loses the opportunity to present their side of the case.

Will a notarized letter stand up in civil court even id the other party claims an oral agreement was made?

Yes, a notarized letter can stand up in civil court, as it serves as written evidence of an agreement. However, if the other party claims an oral agreement was made, the court may consider both the notarized document and any credible evidence supporting the existence of the oral agreement. Ultimately, the court will evaluate the evidence presented to determine the validity and enforceability of the agreements. The outcome may depend on the specifics of the case and the jurisdiction's rules regarding contracts.

When you lose in small claims when do you have to pay the money?

If you lose in small claims court, you typically must pay the judgment amount within a specified time frame set by the court, often ranging from 10 to 30 days after the judgment is issued. The exact timeline can vary based on local laws and court rules. If you fail to pay within that period, the winning party may take further legal action to collect the debt. It's advisable to check the court's order or consult legal resources for specific deadlines.

Can you sue a deceased persons heirs in small claims court?

In small claims court, you cannot directly sue a deceased person's heirs for the debts or obligations of the deceased unless those debts were legally assigned to them. Typically, claims against a deceased person's estate must be filed against the estate itself, often during probate proceedings. If the estate is closed or insufficient to cover debts, the heirs may not be personally liable. It's advisable to consult with a legal professional to understand the specific circumstances and options available.

Can a lawyer represent you in a small claims court?

In most small claims courts, lawyers are not allowed to represent clients; individuals typically represent themselves. However, some jurisdictions may allow legal representation under certain circumstances or for specific types of cases. It's important to check the rules of your local small claims court to understand their policies regarding legal representation. Even if a lawyer can't represent you, they can provide valuable advice and help you prepare your case.

How long does it take for the State Police to do anything once criminal charges of trespass has been filed?

The time it takes for State Police to respond to criminal charges of trespass can vary widely depending on several factors, including the complexity of the case, the workload of the department, and the availability of evidence. Generally, initial investigations may take days to weeks, while the overall process, including court proceedings, could extend for months. It's important to note that each case is unique, and timelines can differ based on jurisdiction and specific circumstances.

What is the small claims limit in Missouri?

In Missouri, the small claims limit is $5,000 for most cases. However, for certain types of claims, such as those involving disputes over the return of a security deposit, the limit can be up to $10,000. It's important to check for any updates or specific local rules, as limits may vary by jurisdiction.

How can you get a small claims judgment amended?

To amend a small claims judgment, you typically need to file a motion with the court that issued the judgment, explaining the reasons for the amendment. This may involve providing evidence or documentation supporting your request. It's crucial to follow the specific procedures and deadlines set by the court, which can vary by jurisdiction. Consulting with a legal professional can also help ensure that your motion is properly drafted and submitted.

Can a small claims court judgment seize you bank account?

Yes, a small claims court judgment can lead to the seizure of funds from your bank account. If a creditor wins a judgment against you in small claims court, they may seek a garnishment order, which allows them to take money directly from your bank account to satisfy the debt. However, certain protections and exemptions may apply, depending on your jurisdiction and the specific circumstances of the case. It’s important to be aware of your rights and consult legal advice if necessary.

What can you do if a defendant was represented by legal counsel in small claims court?

If a defendant was represented by legal counsel in small claims court, you can still pursue your claims against them, as the presence of legal counsel does not affect your right to seek resolution. You may consider discussing the case with an attorney if you need clarification on legal procedures or potential next steps. Additionally, ensure that you have all necessary documentation and evidence to support your case. If you're unsatisfied with the outcome, you may explore options for appeal, depending on the court's guidelines.

Can you take real property in small claims court?

In small claims court, you generally cannot take real property cases, as these courts typically handle disputes involving smaller amounts of money and less complex issues. Real property cases, such as evictions or disputes over property ownership, usually fall under the jurisdiction of higher courts. However, some small claims courts may allow claims related to property damage or rental disputes, as long as they meet the monetary limits and guidelines set by the court. Always check local regulations for specific rules.

Can you file small claims for negligence?

Yes, you can file a small claims case for negligence, provided the claim falls within the monetary limits set by your state. Small claims courts typically handle cases involving minor disputes, such as property damage or personal injury resulting from negligent actions. However, it’s important to gather sufficient evidence to support your claim and ensure that you meet any specific procedural requirements of your local court. Always check the specific rules and limits in your jurisdiction before proceeding.

Where is a small claim court in chesapeake VA?

In Chesapeake, Virginia, small claims court is located at the Chesapeake General District Court. The address is 307 Albemarle Drive, Chesapeake, VA 23322. This court handles civil cases involving smaller amounts of money, typically up to $5,000. It's advisable to check the court's website or contact them directly for specific details regarding filing claims and court hours.