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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

How do you write an affidavit that will assist someone in a small claims court case and will it need to be notarized?

an affidavit should be prepared much like a witness statement. however these documents should be obtained from an attorney and then filled out with guidance from a practicind civil atty. yes have it notarized

Civil procedure rules information on rule 36 in the small claims court?

I have recently had a road traffic accident & I'm not physically well enough to attend at the moment, Can I have this striked out until I'm well enough to defend my case.

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.

What is the meaning of the law is the law is the law?

It means essentially the same thing as the current 'in-vogue' phrase, "It is, what it is."

It means the law is not negotiable. It may not seem just in some cases but it is, above all else, the law.

How do you reply that I'm improper person being sued?

Without engaging an attorney to represent you, you will have to appear in court and convince the judge that you are not/should not be a party to the suit.

Can you win a gentleman's agreement in small claims court?

There are many theories on which one could win in small claims absent a written agreement. For starters, Google the legal theory of quantum meruit. I would also try mediation in these circumstances, if the other party is willing. Call an attorney in the phonebook who offers "free consultations" for state specific info about your case.

How can someone take a warrant out for theft of a vehicle after the new owner has had it registered in their name for over thirty days?

First, a person can't take out a warrant. They can only report the vehicle stolen. The report then gets investigated by the police and, if necessay, a warrant is issued by a judge. There may have been some misocmmunication involving the auto or the person may have made a false report. If you have the proper paperwork, all you have to do is show it to the police and the report will be discarded.

Fraud and ID Theft.

Where is small claims court in Sonoma County California?

Sonoma County's small claims court is at 1450 Guerneville Road, Santa Rosa.

What are conversation taboos?

Taboos are things that one should not mention in polite social conversation. Sexual, religious and political ideas and preferences, and especially directly questioning another person are the usual examples of unsafe topics of conversation.

What is the limit in small claims court in tucson AZ?

In Tucson, Arizona, the limit for small claims court is $3,500. This amount applies to cases filed in the Pima County Justice Court. It's important to note that this limit is subject to change, so it's advisable to verify with the local court for the most current information.

How many days period of limitation for filing an application for the restoration of the suit?

If you are referring to a case that got dismissed for lack of prosecution, the time limit may vary according to state law. Generally, however, it is beneficial to apply to the court with a Motion to Reinstate (or it called be called a Motion to Vacate Dismissal) as soon as possible. It is important to demonstrate promptness in trying to get the case reinstated. The motion should set forth valid reasons for not appearing in court, filing a required pleading, or not doing whatever may have led to the dismissal.

A copy of the motion has to be mailed to the other party. Call the Clerk of Court or the Judge's office to determine if a hearing will be needed on the motion.

Can a civil suit take inherited land?

The question is too general in nature to answer in specifics.

IN GENERAL: If the property in question is the subject of the lawsuit, most assuredly.

If the ownership of the inherited land had already passed to the defendant in the lawsuit prior to the time the suit was filed, yes, it is considered part of his assets.

However, if the defendant received the inherited property after the suit was filed, probably not.

Consult with an attorney for a correct opinion specific to your individual case.

What Court has Jurisdiction in small claims court for Hacienda Heights Ca?

The Los Angeles County Superior Court has jurisdiction over small claims actions in Hacienda Heights, but in terms of where to file a small claims case, it gets complicated because there are 48 superior court locations in Los Angeles. The court has rules regarding at which of these locations you should file a small claims case depending on a variety of factors. For most of Hacienda Heights, you should file at the Whittier Courthouse; some parts of Hacienda Heights, however, must file small claims cases at the West Covina Courthouse. In addition, the Los Angeles Superior Court is now taking caseload distribution into account when assigning filing locations.

Your first step probably should be to call the Whitter Courthouse small claims clerk at 562-907-3127 and ask which courthouse you should file at. When you call, make sure you know where the defendant lives and where the events leading to the case took place in case that affects the filing location.

See the related Los Angeles County Court Directory link for more information on Los Angeles Superior Court locations.

If the plaintiff wins a small claims lawsuit can interest be added to the debt after the amount stated on the summons has been paid?

Not if the debt was paid in full to the satisfaction of the creditor plainitff accompanied by written confirmation. Usually the summons will state the original amount of the debt, plus interest accrued, applicable legal fees, court costs and any administrative fees. Simply paying the original balance of the debt only is generally not sufficient.

Can you sue a hair stylist for cutting hair extensions and ruining them when asked NOT to cut them when trimming regular hair and some areas lost 12in of hair and have before photos within a week?

Yes, you can sue a hair stylist for cutting hair extensions and ruining them when you asked they not be cut while trimming regular hair. The lost of 12 inches of hair is a lot, but having before and after photos will help you if you are able to sue.

Added: The likely outcome of such a suit is the value of the cut hair. This is not the sort of suit where you would be able to receive punitive or other damages. Check with your local small claims court about filing fees and procedures. Depending on your state, you may also need to formally request that the stylist reimburse you for the extensions prior to filing suit. This is referred to as a demand letter.

Is there a statute of limitations on filing a small claims against your landlord not returning your deposit on an apartment rental in ogdenut?

Yes, there will be a limitation. It would typically be a debt case, but could be a civil matter. The time frame will be specified in either the agreement or the local landlord tenant laws.

Can property liens be filed against the defendants in class action lawsuits?

You never know how many people are facing the same problem with a product or service. The ones who start a Class Action usually get the bigger chunk of the settlement. Came across this: SueEasy.com Apparently you can start a Class Action and if others join.. A class action lawsuit can easily be formed.

Do you have to give deposition at defendants lawyer's after filing small claims suit?

Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.

When does the statute of limitations on a small claims debt expire in Nebraska?

According to Franklin Debt Relief: Statute of Limitations

A statute of limitations is a law that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. For debt, the statutes of limitation apply to the maximum period of time after a consumer has become delinquent on their payments. The key point to remember is that you are considered delinquent not from the date of your last payment, but rather the day after you have gone past due. In other words, if you made your last payment on 3/3/03 and your next payment was due the same day of the next month, the statute of limitations on the debt would not start running until 4/4/04. The statutes of limitations vary from state to state and depend on the type of debt and where the original transaction took place (i.e. if you took the loan out in California but currently live in Nebraska, the applicable statutes of limitations would be California's.)

Oral Agreements: 4 years

Written Contracts: 5 years

Promissory Notes: 5 years

Open Accounts (credit cards): 4 years

If you lose in a small claims court can you take them to a higher court?

The laws pertaining to the establishment and operation of small claims courts vary from state to state and nation to nation. There are some areas where the losing party may seek a "trial de novo", litarally a new trial, in a more formal setting.

While typically one may represent themselves, you will have to consult with a local attorney to find the the specific law and procedure in your area.

Plaintiff's claim and order to go to small claims court disposed with disposition of court dismissal- lack of prosecution?

The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).

If you want to take a landlord to court how long do you have to file against them?

If this helps any, a landlord is no different in terms of small claims or other civil court matter. If there are grounds to sue then you may do so. Check your state's Statute of Limitations laws to see how much time you have to sue a landlord or anyone else. Landlord and Tenant issues are only applicable to eviction proceedings, not small-claims court or other civil courts.

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