Small Claims

In Missouri, the statute of limitations to file a claim in small claims court is generally 5 years for most types of claims. It is important to check the specific details of your case with a legal professional to ensure accuracy.

Yes, you can take someone to small claims court for a claim of $300 or less. Small claims court is designed to handle disputes involving relatively small amounts of money without the need for expensive legal representation.

Yes, someone can sue for theft if they believe their property has been wrongfully taken. They may seek to recover the stolen items or seek monetary damages. It is advisable to consult with a legal professional to discuss the specifics of the situation and determine the best course of action.

The maximum amount that can be claimed in small claims court varies by jurisdiction, but generally ranges from $3,000 to $10,000. Some areas may have specific limits for certain types of cases. For amounts below the limit, small claims court can provide a quicker and less costly way to resolve disputes.

The number of times you can file small claims varies by jurisdiction. In general, you can file as many small claims cases as needed, as long as you have valid legal claims against the other party. It's important to check with your local courthouse or small claims court for specific rules and limitations.

If a case in Small Claims was dismissed with no prejudice, the plaintiff typically has the opportunity to refile within the statute of limitations period for that particular claim. The specific time frame for refiling will depend on the laws in the jurisdiction where the claim was filed. It is advisable for the plaintiff to consult with an attorney or research the specific laws in their area for accurate guidance.

In Colorado, the time given to pay a judgment in small claims court is typically 30 days from the date of the judgment. If there are specific circumstances that warrant an extension, the court may consider granting additional time.

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.