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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 you get a public defender for any court case?

You can obtain a public defender for criminal cases where you face potential incarceration and cannot afford an attorney. However, public defenders are typically not available for civil cases, such as family law or small claims, unless there are specific circumstances involving the potential loss of liberty. Eligibility for a public defender usually requires a financial assessment to determine if you meet the income guidelines. It's important to check the specific laws in your jurisdiction, as they can vary.

Can small claims court put a lien on property or your home?

Small claims court itself does not directly place a lien on property or a home. However, if a plaintiff wins a judgment in small claims court, they may seek to enforce that judgment by requesting a lien on the defendant's property through the appropriate legal process. This typically involves filing the judgment with the local property records office, which can then create a lien against the property.

What are the provisions in law on small amount claims?

Provisions for small amount claims typically allow individuals or businesses to resolve disputes involving limited monetary sums without the need for formal legal representation. These claims are often handled in specialized courts or through simplified procedures, enabling quicker and less costly resolutions. The specific monetary threshold and procedural rules vary by jurisdiction, but the intent is to make the legal process more accessible for minor disputes. Generally, such provisions prioritize efficiency and the expeditious settlement of claims.

Can a lawyer or paralegal represent me in a small claims court in the state of CA?

In California, small claims court allows individuals to represent themselves without legal counsel, which is encouraged. However, lawyers and paralegals are not permitted to represent clients in small claims court, except in very limited circumstances, such as when a corporation is a plaintiff or defendant. Therefore, if you are an individual, you must represent yourself in small claims court.

What does hearing vacated in a small claims court?

In small claims court, when a hearing is "vacated," it means that the scheduled hearing has been canceled or set aside, often due to a motion by one of the parties or the court's decision. This can occur for various reasons, such as a settlement between the parties or procedural issues. When a hearing is vacated, the case may be rescheduled for a later date or dismissed altogether, depending on the circumstances.

Where is the fusible link on a 1996 Volvo 850 glt?

On a 1996 Volvo 850 GLT, the fusible link is typically located in the engine compartment, near the battery. It is often found on the positive battery terminal or within the wiring harness that connects to the fuse box. To access it, you may need to remove some protective covers or panels. Always refer to the vehicle's manual for precise details and safety precautions.

If your flat got flooded by sewer waste because of a blocked toilet in an un-occupied flat above your flat who is responsible for the damage caused?

In most cases, the responsibility for damage caused by sewer waste would fall on the owner of the unoccupied flat above, as they are responsible for maintaining their plumbing and ensuring it functions properly. However, if the property is rented, the landlord may bear some liability for neglecting to address maintenance issues. Additionally, your own home insurance policy may cover the damages, so it's advisable to consult with your insurer. Legal responsibilities can vary based on local laws and specific lease agreements, so seeking legal advice may also be beneficial.

How do claims typically appear in written argument do writers limit themselves to a single purpose claim or not?

In written arguments, claims typically appear as clear statements that assert a position or viewpoint on a particular issue. Writers often include multiple claims to support their overarching thesis, allowing for a nuanced exploration of the topic. By integrating various claims, they can address counterarguments and provide a more comprehensive analysis, rather than limiting themselves to a single purpose claim. This approach enhances the persuasiveness and depth of the argument.

What happens if a small claims court date is ignored?

If a small claims court date is ignored, the court may issue a default judgment in favor of the party that appeared. This means the absent party may lose the case automatically without presenting their side. Additionally, ignoring a court date can harm your credibility and may lead to further legal consequences, such as additional fees or collection actions. It's important to communicate with the court if you cannot attend the hearing.

What is the maximum recovery amount in small claims court in MD?

In Maryland, the maximum recovery amount in small claims court is $5,000. This limit applies to cases filed in the District Court of Maryland. However, if a claim exceeds this amount, the plaintiff may need to pursue the case in a higher court.

Can you be taken to small claims court while on Disability?

Yes, you can be taken to small claims court while on disability. Being on disability does not exempt you from legal actions or obligations. If you are sued, you have the right to defend yourself in court, and your disability status may be considered during the proceedings, but it does not prevent a lawsuit from occurring. It’s important to respond appropriately to any legal notices you receive, regardless of your disability status.

Can you sue a company under their DBA in Ga?

In Georgia, you can sue a company under its "Doing Business As" (DBA) name, but it's important to ensure that the DBA is properly registered with the appropriate county or state authorities. However, it's generally more effective to sue the legal entity behind the DBA, such as the corporation or LLC, to ensure that you can collect any potential judgment. Always consult with a legal professional for specific advice tailored to your situation.

Is hired by a party or appointed by the judge to represent the defendant?

A public defender is typically hired by a party or appointed by the judge to represent a defendant who cannot afford to hire a private attorney. Their role is to ensure that the defendant's legal rights are protected throughout the judicial process. In many jurisdictions, judges appoint these attorneys to guarantee that everyone has access to legal representation, regardless of financial means.

Can you sue for interest in small claims court?

Yes, you can sue for interest in small claims court, but it typically depends on the nature of the debt or claim. If the amount owed includes interest as part of a contract or agreement, you can include that amount in your claim. However, you should check your local laws, as some jurisdictions have specific rules regarding the recovery of interest in small claims cases. Always ensure you have documentation to support your claim for interest.

Are attorneys allowed to represent clients in small claims court in California?

In California, attorneys are generally not allowed to represent clients in small claims court. Small claims court is designed for individuals to represent themselves in disputes involving limited amounts of money, typically up to $10,000 for individuals. However, parties can consult with attorneys for advice before or after the hearing, and attorneys may represent clients in appeals from small claims court decisions.

Can you sue for property damage in small claims court?

Yes, you can sue for property damage in small claims court, provided the amount of damages falls within the court's monetary limits, which vary by jurisdiction. To initiate a claim, you typically need to file the necessary paperwork and pay a filing fee. It's important to gather evidence, such as photographs and repair estimates, to support your case. Additionally, be prepared to present your argument clearly and concisely during the hearing.

Can a copy of a notarized statement be used in small claims court?

Yes, a copy of a notarized statement can typically be used in small claims court as evidence, as long as it is relevant to the case. However, the court may require the original notarized document to verify its authenticity. It's advisable to check the specific rules of the jurisdiction where the case is being heard, as procedures can vary.

Can you go to small claims court over earnest money in escrow?

Yes, you can go to small claims court over earnest money held in escrow if there is a dispute regarding its return or handling. Small claims court is designed to resolve minor financial disputes, and issues related to earnest money often fall within its jurisdiction. However, it's important to check your local laws and the specific circumstances surrounding your case to ensure eligibility. Additionally, attempting to resolve the issue directly with the other party may be beneficial before pursuing legal action.

What can corporations do in small claims court in Ohio?

In Ohio, corporations can file a claim in small claims court to resolve disputes involving amounts up to $6,000. They are required to be represented by an attorney if the case exceeds this limit or if the corporation is a legal entity (like a corporation or LLC). Small claims court is designed for quicker, less formal proceedings, allowing corporations to seek recovery for debts, damages, or breach of contract without the complexities of higher courts. However, they must follow proper legal procedures and adhere to the court's rules.

Can a tenant can claim a small claim court?

Yes, a tenant can file a claim in small claims court if they believe their landlord has violated their rights or breached the lease agreement. Common reasons for such claims include security deposit disputes, failure to make necessary repairs, or wrongful eviction. Each jurisdiction has its own monetary limits for small claims, so it's important for tenants to check local regulations. Additionally, tenants should gather evidence and documentation to support their case before filing.

What is the statute of limitation on filing a small claims against a landlord who will not return a deposit in ogden utah?

In Ogden, Utah, the statute of limitations for filing a small claims case against a landlord for the return of a security deposit is generally four years. This period begins from the date the landlord was supposed to return the deposit. It's advisable to file the claim as soon as possible to ensure your rights are protected. Always consider consulting with a legal professional for specific guidance related to your situation.

Can a judge overturn his own decision in small claims court?

In small claims court, a judge generally cannot overturn their own decision once a final judgment has been issued, as it is considered binding. However, a judge may amend or clarify their ruling if there are errors or if new evidence comes to light before the judgment is formally entered. Additionally, parties can appeal a small claims decision to a higher court, which could lead to a different outcome.

What is the monetary threshold in Tennessee small claims court?

In Tennessee, the monetary threshold for small claims court is typically up to $25,000. This limit allows individuals to resolve disputes involving smaller amounts of money without the need for a formal trial. Cases can include issues like unpaid debts, property damage, and breach of contract. It's advisable to verify any updates to the law or consult local court rules, as thresholds may change.

What is the time limit for filing a small claims suit in the state of Illinois?

In Illinois, the time limit for filing a small claims suit varies depending on the type of claim. Generally, the statute of limitations is five years for written contracts and three years for oral contracts and personal injury claims. It's essential to file your claim within these timeframes to ensure your case is heard in court. Always consult with a legal professional for specific advice related to your situation.

Can you get your clothes back when taken away from you?

Whether you can get your clothes back after they have been taken away depends on the circumstances surrounding their removal. If they were taken by law enforcement or during an event, there may be specific procedures to reclaim them. In cases of lost or misplaced items, contacting the relevant authority or location is usually the best course of action. Always check the specific policies or legal guidelines relevant to your situation.