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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

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.

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.