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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
Are there small claims courts in the federal system?
No.
A federal court would have no jurisdiction over disputes between individuals that would be considered "small claims." If the dispute were between residents of the same state over a debt, for example, there would be no federal question, therefore no federal jurisdiction. If the dispute were between residents of different states, the federal courts would have diversity of citizenship jurisdiction only if the amount in controversy exceeded $75,000.
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
How can you take someone to small claims court in Las Vegas NV if they live in Woodland Hills CA?
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
What does a stipulation in a Small claims court mean?
In small claims court, a stipulation is a written agreement between the parties to a lawsuit that sets forth the terms of a settlement of the dispute. For example, it may provide for the payment of a fixed amount of money in installments over a period of time. If all payments are made the stipulation would ordinarily provide that the lawsuit is dismissed. However, if payments were not made as agreed, the Plaintiff would be entitled to a judgment for the unpaid amount.
The term "stipulation" is also sometimes used to refer to an agreement between the parties that certain facts exist or law applies to the facts of the case. Stipulations to facts eliminate the need to prove, by evidence (testimony or physical evidence) that the facts exist. Stipulations of law obviate disputes over what law applies to the facts of the dispute.
What is constructive eviction?
The constructive eviction clause of most state laws dictate that a tenant can move out and terminate his tendency if the dwelling is too uninhabitable to continue to live in. This allows the tenant to break the lease without forfeiting his security deposit.
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.
Can you file the for discovery in a small claims court?
It depends on the court's rules and procedures. Some will allow normal discovery, some will allow limited discovery, and some transfer cases up to general trial court if discovery is necessary.
What is the statute of limitations to sue a vet in small claims court in Florida?
This would be brought as a personal injury case. In Florida the limitation would be four years. There are some factors which might extend this, but they would be difficult to implement for a pet.
Tried twice for the same crime?
Under American law, a person "cannot be tried twice for the same offense"; that is, for the same single incident. If a person is acquitted of murder, that does not mean they cannot be tried for (and convicted of) another murder. (They can also be found guilty of other crimes stemming from the first incident, but they cannot be retried once acquitted.)
This refers to a computer science and html terminology of including files to electronic messaging transmittals. A body attachment can also be part of an document file such as a .docx.
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.
The concern would be whether the defendant wishes to try to resolve the dispute, or is fishing for information. If your jurisdiction has a pre-trial procedure for small claims cases, it would probably be best to wait for that. At those hearing, called "pre-trials", the court makes an attempt to get the parties together to resolve the case without trial.
The court often uses a volunteer mediator to facilitate a settlement. The mediator has been trained in techniques to foster compromise, and makes suggestions which the parties may or may not follow. If settled, the case is over and the parties no longer must deal with the uncertainly of going to trial.
Keep in mind that if the defendant is fishing for information, and you respond, the information that you provide could be used against you at trial. If you believe that the communication is innocuous, you are free to answer. In all events, you should probably respond if only to state that you rec'd the email and will address the issues substantively when you go to court. In that way, it cannot be said that you ignored it.
Small claims court for lending a friend 900 and not getting paid back?
Yes, that would be the proper venue. Make sure you are able to produce proof to the court that the loan was made.
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.
How do you win a suit claiming construction defects in small-claims court?
You go armed with photographs and evidence of the shoddy or incomplete work. WARNING: Small claims court is just like ALL courts - letters - recordings - and other hearsay evidence is not admissable. If you need to bring in other person's testimony they must appear in person.
What is the legal term for you have a continuing objection?
That is the legal term. If a line of questioning in court continues to raise the same objection and the court overrules it, you can ask for a "continuing objection to [description of nature of question/conduct you object to]." If the judge grants it, you're good (as far as preserving error on appeal). If the judge does not grant a continuing objection, you need to keep making it.
What if the judge accepted false evidence in the small claim court?
It is YOUR contention that the proof presented was false. Did you object when the "evidence" was presented by the other side? Were you present in court when the case was heard? If not, the claimant won the case by default. If you were present and the judge accepted the other sides claims, you could file a motion to re-open the case (or file an appeal) and attempt to prove your allegation. In small claims court both sides represent themselves at the hearing. However, if your action has the effect of taking the case out of Small Claims Court - although you could still appear pro se - realistically at that point you would probably begin to need legal counsel. It is up to you to weigh the benefits versus the cost of fighting the action. Until then, the courts judgment stands, and you are liable for whatever was awarded.
What is the maximum recovery amount in small claims court in Florida?
The maximum amount of damage recovery for a small claims suit is $5,000. The state establishes the laws regarding monetary recovery, therefore, the maximum amount would be the same in any Florida small claims court.
Can you go to small claims court for 200 dollars?
Yes. There is no minimum amount you can sue for in small claims court.
Can a fellow roommate take another roommate to small claims court?
Yes--as long as only money is being requested and the amount of money being requested is at or less than the jurisdictional limit (the max you can sue for in small claims). For your state's jurisdictional limit, contact your local small claims court.
If I get taken to small claims court can my immigration status be affected?
No, Small Claims is a civil matter. Immigration status is only affected by criminal matters.
How do you file small claims court papers in cranberry twp pa?
You need to go to the Venango County courthouse. When you get to the courthouse, you need to speak to the clerk about filing the court papers.Ê
