Should I take this car rental company to small claims court for extortion?
You can take them to court all you want, but know one thing--YOU WILL LOSE!!!!!! I am almost certain that you are also being charged for Loss of Revenue on top of the windshield, which I know for sure is in your Rental Agreement that you signed when you rented the vehicle. Because of the damaged windshield, they can and will charge you because they couldn't rent out the vehicle until it was repaired. (Thus the term "Loss of Revenue.") The rental company should have given you a breakdown of the charges that they are trying to get from you. You also really need to read the entire rental agreement given to you when you rented the vehicle, which includes the paper you signed and the jacket that it was stuffed in. I can guarantee that if you read both, you will find that you won't have legs to stand on should you take them to court. I suggest that you see what AMEX can do, or your own car insurance (if you have any).
Would u sue your ex wife in small claims court?
my fiance is about to spend a total $5k in lawyer fees over the course of 6 months to fight his ex wife in court to prove that he's paid his child support, and to stop some other things. she lied on court documents saying he has not paid and was going to have the judge rule in her favor for a warrant to be issued on his arrest. obviously we have proof he paid and had to hire a lawyer to fight this for us since we're in WY and she's in IL. To make a long story short, basically since she lied under oath and said he was not paying support and started this HUGE mess with the judge and lawyers, should we take her to small claims court to have his lawyer fees repaid and also the overpayment of child support repaid too? Some of his taxes were offset and sent to her which was not supposed to happen because he's paid over in his back child support. Would you ask the judge to add in what it will cost for us to go to IL for court too? Time off work, gas, food and lodging etc? thanks 4 the help!
Small claims court over car accident by uninsured driver?
Your insurance company paid for the claim as part of the uninsured motorist coverage. You only paid the deductible amount. Your insurance company is entitled to be reimbursed any money you get from her as a settlement. You should contact your insurance company and make sure they know that the police have found the person. Let your insurance company handle every thing. If they think they can recover from her they will file a lawsuit. If they recover enough money to cover your deductible then they will give it to you, but they are entitled to any money recovered so let them handle everything. It is very unlikely that this person has any money to pay you anyway, even if you were to win a lawsuit. You would end up spending money for court cost to file the suit and still end up with nothing. Just be glad you had insurance and so you only lost the deductible amount.
How long does it take for a small claims court case to be resolved?
From when you file with the clerk, it takes about sixty days until your court date. You'll know right away, since the date is on the paperwork. You can probably even ask the clerk to aim at a date that works better for you.And then you serve the defendant. If this is difficult, you can get a continuance at your court date, even asking for service-by-notice.And then you spend a few hours in court with other people who are also in small claims and related cases.My day in court started with a 22 minute lecture from the judge asking plaintiffs and defendants to consider arbitration. Then two name changes were done while people conferred.Then a role call to see which plaintiffs had defendants.Then a restraining order was argued and granted.And finally small claims. I was first!No defendant. My first count date I asked for a continuance and serve-by-notice because my defendant was dodging service. Making this clear during role call, six weeks ago, let me go first then. And being the first case to be assigned this court date let me go first on this day tooMy case was about 15 minutes of presenting my claim and offering my evidence. I was out of the courthouse just over two hours after I arrived, but there were seven cases after mine, all with two sides presenting cases.So expect all day.
Approximately how much does it cost to have bank records subpoenaed?
If the prosecuting attorny serves it then they pay the costs unless they ask you to pay them as part of the settlement etc. If your lawyer serves it then you pay his rate for drawing it up, the court costs to register it and the process servers fee to deliver it. If you are doing it yourself and dealing directly with the bank it's different depending on the bank..Scotiabank charges about $30.00 per hour for someone to get them for you. These sites have information about bank fees, legal liabilities, procedures for filing one and what you need to provide. http://www.accessreports.com/statutes/RF... and http://www.masslegalhelp.org/children-an... also http://www.scotiabank.com/cda/content/0,... PS// I didn't know which country, etc you wanted..
Stolen motorcycle recovered, how to recover losses in claims court?
Here are some general suggestions. Rules vary from state to state. For definitive legal advice, consult an attorney in your state. If seeking $1000 or any other amount that is not more than the maximum for small claims court, sue in small claim court. You have to prove that he damaged your property. The testimony of a police officer who saw him crash the motorcycle is sufficient to prove that he damaged property (unless there is some reason to suspect the officer of lying). To prove that the property was yours, you need the title document from the DMV saying that you own(ed) the motorcycle. To prove the amount of damage, use whatever documentation was used for insurance purposes: for example, the estimates from repair shops, the insurance adjustor's report, a letter from the insurance company stating that it was totally destroyed and what its value was, etc. File now. If you wait, you risk missing a deadline and being unable to file (ever). If your state allows, sue for the entire amount of the damage, including what the insurance covered. You cannot keep more than the amount of loss that was not covered by insurance. For example, if the thief pays for the entire amount of the loss, you have to repay the insurance company what it paid you). However, it would be better for the insurance company to have that money than for the thief to have it. Also, they are less likely to raise your rates if they are repaid.
What are the advantages of registering an LLC in Delaware?
Contrary to what Michael Bell said in his answer to you, there is no advantage to registering an LLC in Delaware. In fact, it will cost you more to register and maintain an entity in Delaware than it will in certain other states. Here’s why Michael Bell’s answer is factually flawed and should not be relied upon:“The state of Delaware is rated number one in corporate law structure. The Delaware Court of Chancery is the oldest court in the nation and has a body of case laws that protect the individual behind the company to the fullest extent of the law.” - This is only true for corporations formed in DE, but not for an LLC. The body of case law (which sets legal precedent) in DE involving an LLC is not as well-vetted yet, given that corporations have been around much longer than LLCs.“There is no annual report that is required to be filed in the state of Delaware. So the company owner information is not available for public record.” - Michael has conveniently forgotten to tell you that, although there is no requirement that an annual report be filed, there is the requirement that you pay a $300 annual tax!By the way, there’s nothing special about “the company owner information is not available for public record” - First, I can make the members private in any state simply by wrapping ownership in a trust (which is not a public document). Next, anyone who files a small claims court action (in any state) will put you in the position of having to respond (and reveal yourself), or face default judgment. In addition, I can simply have the court order the registered agent to reveal your identity.“You don’t need to live or visit the state of Delaware to form a company here. All that is required is a Delaware Registered Agent.” - This is true for all 50 states, as well as Puerto Rico. Listing this as a reason to go with Delaware is disingenuous.“There is no state income tax for corporations that operate outside the state of Delaware.” - Again, Michael doesn’t mention the $300 annual LLC tax that Delaware imposes. Either Michael is misinformed or unaware of this tax (in which case he’s not qualified to answer your question), or he’s aware but lacks the necessary integrity to disclose this material fact to you.
If you file a small claim against someone who lives in a different state, how difficult would it be to collect damages awarded, provided you win?
Generally speaking, if you win a judgment in one state but need it enforced in another, you can register a "sister-state judgment" in the other state. This may be the state of the debtor's employer (if seeking to garnish wages) or the debtor's bank account. The procedures vary between states, but in general a state will give credit to the judgments of another state.