Small Claims

There are 24 small claims courts in Connecticut, one in each geographic district of the state. These courts handle civil cases involving monetary claims up to a certain limit, providing an accessible and affordable option for individuals to resolve disputes.

If the plaintiff doesn't show up in a California small claims court, the case may be dismissed. The defendant may also ask for a dismissal due to the plaintiff's absence. The judge will typically rule in favor of the defendant if the plaintiff is not present to present their case.

In Texas, you would pay installments on a small claims judgment directly to the individual or entity that the judgment was issued in favor of. This is typically the plaintiff who won the small claims case. It's important to follow the terms outlined in the judgment and make payments as agreed to avoid any further legal actions.

In small claims court, you as the plaintiff or defendant do need to be present during the hearing. If you are unable to attend, you should notify the court in advance and seek rescheduling or alternatives like representation by an attorney or authorized agent.

A citation for failure to appear in a civil case is a court order requiring an individual to appear in court at a specified date and time. Failure to comply with the citation can result in penalties, such as fines or arrest warrants being issued.

In small claims court cases, juries are typically not involved. Instead, small claims are heard and decided by a judge. This is meant to simplify and expedite the legal process for the resolution of minor disputes.

In small claims court, a motion to dismiss may not be used as an initial response to the plaintiff's claim and service. Instead, parties are typically required to file an answer within a specified time frame. However, depending on the specific circumstances and court rules, a motion to dismiss may be allowed in response to the plaintiff's claim.

The timing for filing a small claims court suit for unpaid rent varies by state but is typically around 30-60 days after the rent is due and unpaid. It's important to check with your local small claims court for specific timelines and procedures. Consider sending a formal demand letter before initiating legal action.

If you don't show up to small claims court in Wisconsin, the judge may enter a default judgment in favor of the other party. This means the other party will likely win the case and you may be required to pay the amount they are claiming. Additionally, you may face consequences such as additional court fees or a warrant being issued for your arrest.

The time limit for filing a small claims court case varies by jurisdiction. It can range from a few months to a few years depending on the location. It is advisable to check the statutes of limitations in your specific area to determine the deadline for filing.

I am a realtor and signed a finders fee agreement with a builder on 3-30-2005.

The builder agreed to pay me and my broker a 1% fee if my clients built and closed on a home within 2 years.

My clients had a home built by this builder and closed on 10-24-05. When I talked with the builder to collect my fee he refused to pay, as I could not produce the signed agreement.

I recently found the agreement, and he still refused to pay. I am considering filing a small claims suit to collect. The fee owed is $3,129, plus filing fees of $181.

Am I beyond the statute of limitations for filing this suit?

Regards, Jerald Carda, 618-530-5785

In general, past settlement offers are not admissible at trial as they are considered privileged negotiations. However, there may be exceptions depending on the specific circumstances and the rules of evidence in the jurisdiction. It is recommended to consult with a legal professional for guidance on this issue.

To beat the legal doctrine of respondeat superior, you would need to show that the employee was not acting within the scope of their employment when the incident occurred, or that they were acting outside of the course of their job duties. You could also argue that the employee’s actions were intentional and not accidental. Additionally, you may present evidence to demonstrate that the employer had no control or direction over the employee’s actions at the time of the incident.

Usually, once a settlement is reached in small claims court and both parties agree to its terms, there is little room to sue again for the same dispute. The settlement agreement typically serves as a final resolution to the matter. If one party breaches the settlement agreement, the other party may have grounds to bring a legal action to enforce the agreement, but it would not be a new lawsuit on the original dispute.

To file a motion to refile a small claims case in Lane County, Oregon, you need to draft a written motion explaining the reasons for refiling and why you believe it is necessary. You must then submit the motion to the court where the original case was filed, along with any supporting documentation or evidence. It's important to follow the court's specific procedures and requirements for filing motions.

In order for you to win in small claims court, you need to be able to convince the judge that its more likely than not that you had a verbal contract and the other party didn't fulfill their end of it.

If the plaintiff does not appear in court, the case may be dismissed or a default judgment may be entered in favor of the defendant. The plaintiff may lose the opportunity to present their case and the court may rule in favor of the defendant by default.

In most cases, the decision made in small claims court is final and cannot be appealed to a higher court. Small claims courts are intended to provide a quick and informal resolution to disputes involving small amounts of money without the need for a lengthy legal process. However, depending on the specific circumstances of your case, you may have limited options to seek further review of the decision.

The time given to pay a judgment in small claims court varies by jurisdiction, but it typically ranges from 30 to 60 days. It's important to adhere to the court's timeline to avoid further legal consequences. If you need more time to pay, you may be able to negotiate a payment plan with the plaintiff or seek assistance from the court.

A judgment of not found unserved means that the court was unable to locate the individual to serve them with the legal papers related to the case. This typically occurs if the individual has moved without updating their address. The case may be stalled until the individual can be successfully served.

Yes, you can still be brought to court for theft if you committed the crime. The outcome of a civil lawsuit does not determine whether criminal charges can be pursued. If there is evidence of theft, the individual can file a criminal complaint against you.

Yes, a transcript of the proceedings in small claims court can be requested and produced. However, it may come at an additional cost to the individual requesting it. It is important to check with the specific court on their transcript policies.

I recommend reaching out to the court where the lawsuit was filed or the attorneys involved in the case to get the most up-to-date information on when the lawsuit was settled. They will have accurate and current records of the settlement.

No. Small claims is a civil proceeding, not criminal. It's more likely the other party will receive a default judgment against you because you won't be there to dispute anything they say.

It would be better to try to settle the case before it goes to court. You may want to contact an attorney or your local Legal Aid Society for advice.

The maximum to sue for in small claims cases in Texas is $10,000, including interest. Small claims cases are generally heard by Justices of the Peace. Justices of the Peace may also hear Justice Court cases, for which the jurisdictional limit is $10,000 exclusive of interest, and other civil suits.

For self-help resources in filing a Small Claims case in Texas, visit the Texas Courts Self-Help Resources Guide related link.