Can a defendant in small claims court counter sue for travel expenses and lost wages?
hi, i know you weren't particularly asking for any additional information but i would just like to inform you that you may be able to sue for double or even triple your deposit if your landlord did not notify you within 30 days as to why he was holding your deposit. check your state laws to determine if it is double or triple. as for your actual question, no, they cannot counter sue for lost wages and travel expenses
Can I sue for travel expenses when taking someone to small claims out of state?
If I'm suing someone in small claims court in Hawaii, and I live in California, and I have to fly there to take the action, if I win the case, can I charge them for my travel expenses? (Since there is no other way I can get my money)
Is it legal to recoup legal defense costs from a small claims suit?
1. In CA, attorneys are not allowed to represent parties in small claims court. 2. In CA, generally, you can only recover attorneys fees when provided for by statute or in a contract between the parties. Accordingly, even if attorneys were allowed, unless a specific statute authorizes them in your case or you have an agreement that loser pays winners attorneys fees a Judge cannot award them.3. In small cases which exceed small claims jurisdiction, I often advise people to go to small claims court and ask for the max available, because if they win, they will take home more money than if they hire a lawyer, go to superior court, win a bigger award, and have to pay attorneys fees. 4. While this does not apply to small claims as much, the reality is that in a majority of cases, litigation is a lose lose proposition. In most cases, Plaintiff starts out with a claim pays attorneys fees and settles for less than the full claim. The defendant, invariably thinking that he she is not liable at all, pays attorneys fees and a settlement. In CA, less than 1% of civil cases go to jury trial. I think with bench trials, it is 15%. This does not include small claims. Small claims is different because almost every case goes to trial.
Once you file a lawsuit in small claims court, how can you drop it?
Once you file a lawsuit in small claims court, how can you drop it? Are you still liable for attorney’s fees if the case involves a contract where the person who brought the suit is responsible for paying the winner’s attorney’s fees?
What is my best option when trying to file in a small claims court in a different state than the one I live in? Should I get legal representation even though the value of my claim is only $2,200?
Like most questions, it depends. How far away is the state and can you travel there and stay for a day or so? How familiar are you with the local law? What is the nature of your claim and how good is your evidence? (You probably can’t bring witnesses so your written evidence better be good). What is the likelihood of collecting if you do win —does the defendant have property to attach? Does the state allow you to garnish wages? (many do not and you have no real way of collecting if the defendant doesn’t want to pay). You can get a local lawyer to pursue your claim but may well have to travel to testify and your local lawyer will face many of the same hurdles listed above. He will probably charge a minimum of $500, depending on the complexity of the case so you could end up with a good part of what is owed. On the other hand, small claims court is a crap shoot at best and I have lost what I thought were some open and shut cases where the defendant freely admitted to owing the money but the bigoted magistrate decided against me on “social justice” grounds.
Small Claims Court vs. Geico?
I was traveling (North) turning left through an intersection (Green Arrow Light) as I was just about through the intersection, I was hit by another car traveling (South) in the back side passenger door. My car flipped and spun around a few times! The other driver is stating his light was green and that she wasn’t at fault. The police report stated that the other driver (Geico Insured) was at fault. Our insurance company’s finally went to arbitration. It was decided that Geico was at fault and needed to pay back my ins company for the property damage. My issue is that I didn’t have medical coverage with my ins co, so I have to pay out of pocket for medical missed work and rental. Geico will not pay me for these bills even though the arbritration ruled in favor of me for the property damage. Suggestions for sueing the driver in small claims court? I have police report and photos, not to mention the ruling on the property damage.
Can I sue Sprint in my local small claims court, or do I have to file with the court where Sprint incorporate?
I've been trying for 8 mos to get them to correct a billing issue where their customer svc. people agrees that it's their fault. Each time I call I'm on the phone for at least 1 1/2 hours. It's going to the point where going to court is the best way to resolve the issue at once.
Can i get a warrant of arrest for not showing up to small claims civil suit ?
My brother has been getting harassed with phone calls about a debt i owe in another state. I got a summons awhile back but didnt show up because i didnt have a ride and i had to work that day. Ive moved since then. Anyhow the debt collection agency is now telling my brother that i have a warrant for arrest because i didnt show up to my civil small claims court hearing. This was the first hearing by the way i didnt get contacted for another one since then. i only owe like 200 dollars and i havent had a job since then because im going to school full-time and its seriously really tough finding a job in my area. Ive tried for months and still i cannot find a decent job. everything here requires a degree. Ive tried earning the money to pay them back but the only extra money i get now is from family and its very little and goes towards living expenses. No idea how they got my brothers number or why theyre calling his cellphone. Any advice would be helpful
If I file a small claims against someone in another state, must I go to court in that other state?
Small claims will not award travel expense and typically will only include filing fee and service of process. In California s loosing Defendant but not s loosing plaintiff has the right of appeal which is a new trial in Superior Court and either party can have legal counsel. That means you'd have to do the whole thing again. And consider that collecting a judgment can be as confounding as obtaining one. In the future, consider Terms that call for disputes to be resolved where you are and authorizes legal fees in a dispute. Even that can be problematic. The legal system does not scale well to smallish collection. Cheers!