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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

What is the maximum amount you can sue in a small claims court in Los Angeles California?

In Los Angeles, California, the maximum amount you can sue for in Small Claims Court is $10,000. This limit applies to individuals, corporations, and other entities seeking monetary damages for disputes within the jurisdiction of the Small Claims Court.

What happens if the defendant and the plaintiff do not show up for a court date?

If neither the defendant nor the plaintiff show up for a court date, the judge may issue a bench warrant for their arrest or the case may be dismissed. It is important for both parties to communicate with the court and reschedule the hearing if they cannot attend.

Why cant you sue someone in criminal court if they were driving on icy roads badly?

Normally only the state can charge someone with a CRIMINAL offense. When you sue someone then you would be using the civil law and would need to demonstrate injury to you or your property as a result of this bad driving.

Can wages be garnished after small claims court in nc?

Yes, wages can be garnished after a judgment is issued in small claims court in North Carolina. The creditor would need to bring a separate action to obtain a wage garnishment order from the court. Once granted, an employer would be required to withhold a portion of the debtor's wages to satisfy the debt.

What is the word that means you can not be tried for the same crime twice?

It's not one word but two. "Double jeopardy" means you can't be tried for the same crime twice.

Does a lawyer in a small claims court have to report the judgment is satisfied?

In most cases, it is the responsibility of the party who received the judgment to report to the court that it has been satisfied. However, it is advisable for the lawyer representing the party to ensure that all necessary documentation and notifications are provided to the court to confirm that the judgment has been satisfied.

Can you sue for treble damages in small claims court?

Typically, small claims courts do not award treble damages. These courts are designed for simplified and streamlined procedures for resolving disputes involving small amounts of money. If you are seeking treble damages, you may need to file a claim in a higher court or consult with a legal professional for guidance.

How long does take to obtain judgment in small claim court?

The time it takes to obtain a judgment in small claims court can vary depending on the court's caseload and procedures. In general, the process can take a few weeks to a few months from the date of filing the claim to the final judgment. It is best to check with the specific small claims court where you filed your case for a more accurate timeline.

What happens if the defendant does not pick up the registered letter from the plaintiff which are copies from the small claims court?

If the defendant does not pick up the registered letter containing the copies from the small claims court, the court may consider the letter as being served. This means that the defendant is aware of the information contained in the letter, even if they did not physically receive it. The case may proceed in court based on this notification.

Can you use a written witness statement in small claims court?

Generally, written testimony is unavailing if the other side does not have a chance to cross-examine the witness. It doesn't hurt to try, though, if that's the best you can do. A notarized statement might be very helpful to establish damages if the other side defaults (does not show up) and you can be awarded whatever damages you can prove.

How long do you have to take someone to small claim court?

Generally, suit must be filed within the Statute of Limitations. Each State prescribes a limitations period for broad categories of cases, such as Verbal Contracts, Written Contracts, Torts, and others. Other kinds of matters have specific limitations periods peculiar to them.

The fact that suit is filed in small claims court rather than in another court has to do with the amount of money or the other type of relief sought. Therefore, there is usually no interplay between it and how quickly suit must be brought.

That said, it is usually best to bring suit sooner than to wait a long time. This is because if you wait a long period of time, evidence or witnesses needed to prove your case may disappear, or the defendant may move or disappear so that service of process is harder to achieve.

Can you amend the amount you are suing for in small claims court after already serving the defendant but before receiving a court date?

It depends on the rules of the specific small claims court you are using. In some courts, you may be able to amend the claim before a court date is set by submitting a request to amend your claim. Check with the court clerk or seek legal advice for guidance on the specific procedures in your jurisdiction.

Is there a time limit to take someone to court?

Yes, there are time limits known as statutes of limitations which determine how long you have to file a lawsuit after a particular event has occurred. The length of the time limit varies depending on the type of case involved. It is important to be aware of these limitations to avoid losing the right to bring a legal claim.

How long does a shoplifting stay on your record in Texas?

In Texas, a shoplifting charge can stay on your record permanently, unless you are able to have it expunged or sealed. Expungement is possible in certain circumstances, such as if the charges were dismissed, you completed a diversion program, or you were acquitted.

Can your room mate sue in small claims if there was no written contract?

No, if the contract never existed than he/she should get a lawyer present to discuss the matter t hand.

Certainly they can sue. Whether they will be successful will depend on the agreement and what can be inferred from the actions of the parties. Paying rent and its acceptance certainly would indicate some sort of understanding and a contract could be inferred.

What is the statute of limitations for MO small claims court?

In Missouri, the statute of limitations for filing a claim in small claims court is generally 5 years for contract disputes and 5 years for personal injury claims. It is important to consult with an attorney or check the specific laws for your case to ensure accuracy.

What happens in small claims court when someone sells something that does not belong to them?

In small claims court, the person who bought the item can sue the seller for a refund or return of the wrongfully sold item. The seller may also face penalties such as paying damages or other compensation for the misuse or misrepresentation of the item.

Who said this that article 32 is soul of Indian Constitution?

Justice Vivian Bose, a former judge of the Supreme Court of India, is attributed with saying that Article 32 of the Indian Constitution is the "heart and soul" of the Constitution. This article guarantees the right to Constitutional remedies, allowing citizens to move the Supreme Court for enforcement of their fundamental rights.

Can you go to jail for not going to a civil summons?

Yes, you can go to jail for not attending a civil summons. Ignoring a civil summons can result in a judge issuing a warrant for your arrest for contempt of court. It's essential to comply with legal obligations, including attending court summons.

What is an inter jurisdictional scan?

An inter-jurisdictional scan is an examination or review conducted across different jurisdictions or geographical areas to gather information on a specific topic or issue. It involves comparing policies, practices, regulations, or data from various locations to identify trends, best practices, or areas for improvement. This process helps stakeholders gain insights into how different regions are addressing a common concern and can inform decision-making or policy development.

Can you take someone to small claims court for 30?

Most small claims courts have a minimum threshold for the amount you can sue for, typically around $50-$100. It's best to check with your local small claims court to see if you can file a claim for $30.

What kind of proof do you need if you take someone to small claims court?

In small claims court, you typically need to provide evidence such as receipts, contracts, photos, emails, or other documentation that support your claim. It's important to have a clear and organized presentation of your evidence to help make your case. Witnesses may also be helpful, but the burden of proof is on you as the plaintiff.

What happens if a plaintiff or a defendant does not show up?

If a plaintiff does not show up, the case may be dismissed. If a defendant does not show up, a default judgment may be entered against them.

How long does a server have to serve subpoena?

The time a server has to serve a subpoena varies by jurisdiction, but it is typically within a specified period before the court date. This period can range from a few days to a few weeks, depending on local rules. It is important to follow the specific guidelines to ensure the subpoena is served timely and correctly.

Can you sue someone in small claims court for slander?

Yes, it is possible to sue someone in small claims court for slander. You would need to prove that the person made false and damaging statements about you. Small claims court typically handles cases involving monetary compensation for damages rather than injunctions or specific performance.

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