Small Claims Legal Questions and Answers

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Can a defendant in Small Claims Court be represented by someone else?

Can a defendant in Small Claims Court be represented by someone else (in this case the spouse as the defendant had a recent stroke and can not always properly articulate his thoughts). Could the spouse present the evidence or assist defendant in answering questions?

04/29/2017   |   Category: Small Claims   |   State: Idaho   |   #36398

Can Small Claims Court order a lien Removed from real estate?

contractor placed lien on property for unpaid balance. Took us to small claims court in which he lost in court because he did not finish job. Judge order property lien to be removed and money settlement due us. Judgment was entered but small claims but judge said we need to go to district court to have him remove lien as he refuses,

04/20/2017   |   Category: Small Claims   |   State: Colorado   |   #35987

In a small claims action, can a corporation appear pro se?

735 ILCS 5/2-416 STATES: 'NO CORPORATION MAY 'APPEAR' AS ASSIGNEE OR SUBROGEE IN A SMALL CLAIMS PROCEEDING'. THE IS NO CASE CITE WHICH LIMITS THE INTERPRETATION OF THE WORD 'APPEAR' TO MEAN 'APPEAR PRO SE' AND ALLOWS TEH ASSIGNEE OR SUBROGEE TO 'APPEAR BY LEGAL COUNSEL'. WHAT DO YOU KNOW?

01/21/2011   |   Category: Small Claims   |   State: Illinois   |   #24057

Can I Sue for Less Money Than I'm Owed to File in Small Claims Court?

I have straight note out for $9,500 secured with real estate. Can I sue in small claims for the maximum amount of $7,500 and waive the $2,000?

10/11/2010   |   Category: Small Claims   |   State: California   |   #23372

How Do I Add the Estate of a Deceased Defendant to a Small Claims Case in Texas?

I filed a law suit in small claims court and the defendant was properly served by the constable. The defendant has since passed away. And he never gave an answer to the law suite. Now-how do I file a motion to add his estate to the law suit?

04/15/2010   |   Category: Small Claims   |   State: Texas   |   #21798

Can I Split a Claim Into Multiple Claims to Have Jurisdiction in Small Claims Court?

Can a separate breech of contract claim be filed in small claims court for each instance of a company not paying an approved & billed invoice. Each invoice clearly covers a different time period with different work carried out and detailed. However, the work was done under a single consulting contract between my professional corporation (Plaintiff) and an LLC (Defendant). Plai...

03/23/2010   |   Category: Small Claims   |   State: California   |   #21512

Can a third party assignee of a small claims judgment enforce it through the court?

I want to start a judgment recovery business in Michigan. I was told that I cannot represent myself in small claims court, as a third party assignee on a money judgment. (Supposedly, because small claims court isn't a court of record.) If, this is true, and I can't work this business on the small claims level, can I do the business in any of the higher courts.

03/11/2010   |   Category: Small Claims   |   State: Michigan   |   #21357

Collecting a small claims judgment

I won a judgment in small claim court in California against a corporation. How can I collect my money?

08/31/2009   |   Category: Small Claims   |   State: California   |   #18345

Should I pursue the following case in small claims court?

Should I pursue the following case in small claims court? is it worth my time or am I thinking about the law incorrectly.I paid a deposit for 2 children for daycare for the summer (_400$). This week I got into an argument with daycare and they have asked us to not come back after the end of the semester. However, they will not be refunding my deposit either. To me this is theft...

05/14/2009   |   Category: Small Claims   |   State: Texas   |   #16672

How do I collect from the warranty company if I feel they have not honored my warranty?

I got a new home four years and three months ago. Kitchen cabinets have a five year warranty (NC Manuf). The finish is chipping off after one year. I called manufacturer and received no response. Second year I had factory representative out and took pictures. He said that he 'had never seen this problem before'. Then sent (2) of my doors to factory for inspection, they were nev...

04/29/2009   |   Category: Small Claims   |   State: Georgia   |   #16461
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