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People haved asked the following law querstions similar to "someone is suing me in small claims court. can i counter sue for legal expenses?". If you have other legal doubts, use the box above to get answers.
A: You should review the Rules of the small claims court in whichever Province you reside. The Rules should tell you the procedure for amending your pleading. You should do this to correct the error. At the settlement conference you can tell the judge you will be amending the pleading. You may even be able to get the judge to give you an order authorizing the amendment (if this is necessary)....
A: Unfortunately, it wasn't their mistake, it was yours for not showing up and advising the court that you had tendered payment in full. They showed up, got the judgment by default because you didn't show and now they are legally entitled to their court costs. Hi, I'm sorry for your situation. I know how you feel. Eight years ago, I had a somewhat similar situation to yours. I had a problem with the insurance company paying a bill. By the time I straightened it out with them, 14 months had passed from the date of service. By that time, the hospital had sent it to a collection attorney. The hospital billing office would not accept my calls--they had an answering machine and never answered the phone at all. The attorney did not respond to my phone calls...
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Please note I am NOT a lawyer, but I suspect that you'd have great difficulty suing someone without holding a promissory note. And she is paying you "something"--so for now you might want to just avoid doing anything to make her angry and decide to stop paying you altogether. I sincerely hope that you don't lose any part of the $13K, but if by chance you do...my father always says "Chalk it up to experience". By that, he means that anyone who lives long enough will make the mistake of being too trusting. It costs some people a lot more than $13K to learn that lesson, unfortunately--I've had acquaintances who lost $25K or even more. Good luck! You're between a rock and a hard place. NJ
A: "He is now claiming I have stollen some of his things." Er, why didn't he just call the police? "Not sure what to do now." File any responses required in the complaint and show up at court. "He has now changed the locks on the house." He has no authority to do that. You're free to contact a locksmith and have them changed back. I'd then talk with a real estate attorney about sending him a strongly worded letter that as a guest, he has no such rights, and he will be held responsible for the costs of changing the locks and is risking an eviction action. Talk with your mother about this situation and get her on record (perhaps tape a conversation, have her write him a note). We can't give "advice" (see the...
A: Below are some valuable weblinks that can properly address some of your questions and concerns. http://www.consumeraffairs.com/consumerism/small_fl.html http://www.small-claims-court.org/staterules.htm http://www.ncsconline.org/WC/Publications/StateLinks/SmaClaStateLinks.htm "How much does it cost to file a small claims?" That will be addressed in the weblinks provided above. "Would it even be worth my while?" If you would like to have your $375.00 back, sure. "Will this work or no?" Only one way to find out, and that's to go ahead and sue with whatever evidence you have available,...
A: if there are damages then you may not be getting anything back. Thats their right. ''We were given an estimate of charges before day 21. '' you can take him to small claims court, and you will win. it takes only a trip to the hardware store for them to get new blinds, and depending on how long you lived in the house, the blinds breaking can be considered to be normal wear and tear. They should have no trouble getting immediate estimates that may need to be adjusted later. 41 days? And you still have not received a deposit refund?...
A: That is a good one. Hi, I had similar problem like yours many years ago. This landlord breached of contract and threatened you because he/she understood that you can not do anything about it. He/she did not believe you will be able to take her to court and able to know your rights. However, there is a way that i warranty you that she will call you and apology for mistreating you and beg you to not take any further action. You will feel very powerful when you see that situation. You have all legal protections from the qualified attorney and it does not cost you thousands of dollars like the traditional attorneys. Call me and i will give you more information to bring back justice for you. Simple, if you did not sign a lease then there is no agreement. You can get a...
A: Actually the courts consider that you should know the laws and it wouldnt really be small claims court since the fines and your car was towed by order of the state. If it''s a private lot then they obviously didn''t have to tow it so snow plows could clear the street for traffic. Therefore they made a decision to have you towed(oddly enough after a extended period) because they just felt like it. So that leaves it to you to try and get your monies back for the tow and impound fee. As far as your responsibility to know a sign is there that was concealed that''s a hard claim to enforce.I think you are more in the right here but it could go either way in court depending on every ones attitude. Good luck with it....
A: Theree are two options: 1) Submit a claim through the driver''s insurance company and let them go after the bus company or 2) File a small claims court case. Driver had liability only. Learned lesson quickly that liability only is a waste of money. What is the process for filing small claims? Should it be filed against the bus company or the driver? is it a municipal bus or a private bus line? If the first, you must make a written claim against the municipality and have them deny the claim in writing before you can file suit....
A: Sorry, but you really blew it by not calling the police to the scene. The police would have recorded the position of the vehicles and would have gotten insurance information for you. Now, you don't have much of anything. Unless you want to file the damage claim with your own insurance company, all you have left is to sue the driver of the vehicle. Written statements won't do you any good. You'll need to have your witnesses testify in court otherwise their statements will just be inadmissable and you'll have only your word against his. And in a parking lot accident, that's usually a wash. You have other options if you contact the motor veichle department they can force him to prove he was insured at the time of the accident and...
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