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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

Can a room mate throw your stuff out and refuse to let you in if you are both on a lease?

No, because your belongings are YOURS. If the belongings were theirs being kept in your home / bedroom, then yes they can because the items are only being held in your vicinity. But something that is YOUR property belongs to you, and only you can make a decision about whether or not to dispose of it.

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.

Can you sue a CPA for malpractice or incompetance in small claims court?

Yes--as long as you are not suing for more than the small claims jurisdictional limit.

What is the statute of limitations in small claims court for breach of contract in Texas?

Texas's statute of limitations on a written contract is 4 years. They do not specify for an oral contract. And please be aware that the state law that applies could be different based on the actual contract language.

What is the defining feature of a statute vs regulation?

A statute is a law passed by the legislative body. A regulation is a direction adopted by the executive branch, which has the binding effect of law. Congress sometimes passes generalized laws and then empowers a particular department of the executive branch to make regulations to implement the intent of the general law.

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

Throwing anything at a moving vehicle is considered dangerous and illegal because it can impair the drivers ability to maintain control. It's not a smart, or kind, thing to do.

Throwing snowballs at a parked vehicle only becomes illegal if you cause damage. A misdemeanor in most courts if it's under $500 in damage. Still not smart.

Why don't you find something less fragile to throw snowballs at? Like a sibling, friend or wall.

How do you file perjury charges?

If the perjury occurred during a court or judicial hearing in a particular case - go the office of the Clerk Of Court and file a motion to have your allegation heard by the judge in that case.

What if someone is threatening to sue you?

No. But you should make certain what you believe is supported by facts. If you have no facts and you spread the story and it's not true then you could find yourself in trouble.

No. But you should make certain what you believe is supported by facts. If you have no facts and you spread the story and it's not true then you could find yourself in trouble.

No. But you should make certain what you believe is supported by facts. If you have no facts and you spread the story and it's not true then you could find yourself in trouble.

No. But you should make certain what you believe is supported by facts. If you have no facts and you spread the story and it's not true then you could find yourself in trouble.

What is the smallest amount of money you can pay for a small claims court hearing?

There is no minimum recovery amount required to file suit. However, filing fees are normally around $100, so it is generally not worth the time/effort to seek very small debts.

People can and have won law suits for $1.

What is the least amount you can sue for in small claims court in California?

From what I know you can't sue for emotional distress in small claims court period. However, you can request pain & suffering along with the medical bills you want paid.

What kinds of claims are heard by the court of appeals for veteran claims?

This court hears cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans' benefits.

Can you sue your apartment complex for overpayment?

A tenant would file a law suit to get damages, to get something they are due that the landlord won't give them.

If the landlord is overcharging, then the tenant would simply not pay the over-charge and tell the landlord this in writing with an explanation.

If the landlord tries to evict, the tenant has a chance to explain in court why the eviction is wrong.

If the judge agrees, the eviction will be denied.

If the judge agrees with the landlord, then they decided you were wrong to think you were being overcharged.

Is there a time limit on small claims for injury?

In Georgia the time limit for filing a claim for personal injuries, large or small, is two years from the date of injury. This statute of limitation applies to Superior, State and Magistrate Courts.

Can you sue for Alienation of affection West Virginia?

No. Virginia Code 8.01-220: "Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968."

What are small claims courts?

Small claims court is a court where laypersons can sue without the need to hire an attorney. In fact, no lawyers are allowed in small claims court unless they are being sued. The process is very informal, inexpensive, and quick. Small claims courts are for the recovery of money only--small claims courts cannot order another party to do something or provide any other relief. Small claims courts have jurisdictional limits (the max you can sue for) ranging from $2,500-$7,000+ depending on your state, so check with your local court for details.

*Note: Only a few states bar attorneys from small claims courts. Many allow and encourage litigants to consult with or hire counsel.

What is the jurisdictional limit for small claims court in Washington state?

The jurisdictional limit is the maximum amount of money you can sue for in small claims court. It is determined by state law, so each state has a different jurisdictional limit. If your claim is in excess of the jurisdictional limit, and you sue in small claims court, you waive any judgment greater than the jurisdictional limit. The below link has a table showing the jurisdictional limit for each state's small claims courts.

What is the difference between interim relief and interim injunction?

Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc.

Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.

Can you sue some one in another country for a defamation of character?

You have asked a question in a very complicated area of law. There is no easy answer and the answer would depend on the details. It is difficult and costly to sue someone in another country. Many lawyers wouldn't take the case unless the damages are quite large. The attorney would likely require an hourly rate. If you get a judgment in your country and the defendant lives in another country it would be hard to collect unless they have property in your country.

United KingdomIf you are in England you can sue someone in another country for defamation of character. If the action occurred in Siberia, then you can still sue the person in England. It does not matter if the person can not afford to get to England.

United States

You can always sue someone in another jurisdiction for defamation; whether you win or not is a different story. Also, thanks to The SPEECH Act passed in 2010, U.S. citizens are not required to pay damages in "foreign" defamation cases that would not have been successful in a U.S. court. If you're interested in defamation laws from around the world, there is a database online. Just search for "International Defamation Law Database." That way you can analyze the differing slander and libel standards in various countries around the world.

Are there juries in US small claims courts?

Generally no. Each state sets their own rules for these limited jurisdiction courts, and they are normally a fairly informal and fast process. As far as I know, each state only allows them to hold bench trials, but there may be an exception.

How do you prepare for small claims court?

AnswerThe procedure may vary somewhat from state to state, regardless the process is quite simple.

Obtain the required forms from the office of the clerk of small claims of the state court in the county where the debtor/defendant resides.

Be certain that the forms are filled out exactly according to the directions.

If you are suing an individual be certain to use his or her full name, (example: Susan Smith, not Susie Smith).

If you are suing a business you must use the 'legal' name of the business.

When you file your petition with the small claims clerk you will be charged a small fee plus the cost of registered mail postage for serving the summons upon the defendant.

The best way to present your case is to have documented proof that you have made a 'good faith' effort to resolve the matter outside of court. Proof would be copies of written correspondence (including e-mails) to the defendant that is courteous, direct and reasonable. Also any persons that have direct knowledge of the issue can be witnesses or in some courts the judge will accept a sworn affidavit.

If the plaintiff prevails a judgment will be entered against the defendant. The plaintiff may then execute the judgment against non exempt property belonging to the debtor as allowed under the laws of the debtor's state.

Small claims judgments in the majority of US states are for monetary recovery only., (wage garnishment, bank account levy, etc.).

Please be advised, the court will not collect the judgment for you nor will it assist in the collection of such, except when said judgment is allowed to be executed in such a way that it requires the assistance of a sheriff or constable.

How long does a small claims court judgment stay on your record?

how long it stays on your record is up to your individual state. you can call your local court clerk annd ask. Usually, its a long time. sometimes forever. however the good news is that fresquently, credit reporting agencies don't look back all that many years. often, lenders are only interested in the last 3 to 5 years.

How long do you have to file your answer with the court in a civil suit?

== (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 20 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. (B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

What is the difference between civil and small claims court?

Civil court usually has a higher jurisdictional limit (max you can sue for) and attorneys are allowed to represent parties. Civil cases may also have jury trials and other procedures more conducive to attorneys and not pro se (self-represented) litigants.

When an attorney is present in small claims court?

Small Claims Courts were established so that private citizens could bring civil actions for small amounts without the necessity of using an attorney. You are not precluded from using the advice of legal counsel if you wish, HOWEVER - if the other side is NOT represented by counsel the hearing officer may NOT allow the case to go forward (in the interests of fairness and equity), without both sides being "equally represented."

Check with the Clerk of Court's office for the proper procedures to follow in YOUR particular jurisdiction.

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