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Recent Small Claims questions

A not for profit organization to which I belong awarded a

A not for profit organization to which I belong awarded a college student a $1600 scholarship. The awardee advised us that she lost the check and or did not receive it. However, the original check was endorsed presented for payment and Chase honored it. The awardee claimed she never endorsed or cashed it. We then issued her a new check and filed a claim with Chase Bank. Chase will reimburse us the funds if it receives a notarized affidavit from the awardee that she has no knowledge of the fraudulent transaction, she did not endorse and or cash the check, she has no knowledge of anyone who did. Despite our request for same and several letters, the awardee has not signed the affidavit and the not for profit is out of $1600. What recourse do we have against her.

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INFOLAWYER

Attorney

Juris Doctor.

39,168 satisfied customers
I had a business in NC, the business was a llc, money was

I had a business in NC, the business was a llc, money was invested and the business went under a year later. Today I got a civil summons to appear in court, what are my options

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KJLLAW

Juris Doctorate

1,748 satisfied customers
I have only gone to small claims court before & when I won

I have only gone to small claims court before & when I won court costs were reimbursed by the the other side.Now I am in litigation in a civil suit and was thinking about hiring an attorney here in Arizona. Would/could attorney's fees be paid if I win for superior court?

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legalg

Juris Doctorate

15,410 satisfied customers
I own a small automotive repair shop and I am wondering the

I own a small automotive repair shop and I am wondering the ins and outs of retaining a mechanics lien on customers vehicles. And us there any recourse for our shop to go after customers vehicles that have been released to them but they refuse to pay there bill after the fact

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,798 satisfied customers
This is about small claims court in San Diego, CA. My

This is about small claims court in San Diego, CA. My 86-year-old father is being sued, but is not competent to defend himself. He was exploited by a sub-contractor of an emergency services/restoration racket that targets the elderly in California, which charged him $1900 for a furniture-moving service he didn't request, which wasn't needed, and which was worth about $500 anyway. He did not pay the absurd bill. I wrote to the company to remind them that the work they did was unnecessary and their charges absurd, and that my father was 86, the contract blank, etc., (Unfortunately, he signed a blank contract that allowed the sub-contractor to charge him as much as they wanted to charge him for services they, not he, deemed necessary.) There is a form called SC-109 that might let me speak on his behalf, though it is not guaranteed. If the plaintiff prevails, regardless of who speaks for my father, it looks like the judgement can be appealed in superior court. There, an attorney can represent my father, which is what we'd prefer. What I'd like to know is whether it's necessary to make some kind of showing in small claims court in order to gain the right to appeal, or whether my father can lose by default, by not attending, and then appeal on grounds of the original incident being a case of financial exploitation of an elderly person (or some other grounds)? If not, is there another way to get the case moved to superior court, without having to go through the small claims trial, which is semi-ordeal for an 86 year old man (and for me, to be frank)?

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38,836 satisfied customers
I was the passenger in my car (4 month old 2017 Acura TLX)

I was the passenger in my car (4 month old 2017 Acura TLX) with my male companion who lives with me driving the car. He pulled into a shopping center to get breakfast and perceived a car coming toward him and to avoid the accident pulled to the right when the car jumped the curb. I did not put him on as a driver prior to the trip from Florida to Atlanta to visit my son.After getting an estimate for the repair to the underside of the car( rocker panel), the estimate was $3200.00. My male companion stated that I should tell the insurance company that I was driving the car and submit the claim to the insurance company as anyone would do because that's why we have insurance. I said No, that I didn't want the claim on my record and didn't want it showing up in the insurance network and wanted him to pay the cost to repair my car or put it through his insurance company. The collision estimator stated that more than likely my insurance company wouldn't pay or that my premiums would go up as a result of this claim or I would be dropped by the insurance company.My partner thinks I'm wrong to put him through this expense but I advised that he needs to make this right.What is your opinion???

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Loren

Juris Doctor

40,274 satisfied customers
I bought an engine from a person advertising it on

I bought an engine from a person advertising it on craigslist. My mechanic tells me engine is probably defective because oil has water in oil pan. Mechanic who is a friend was with me when I gave seller $500 cash. Seller told us verbally he would guarantee engine for one month . I called him back in two days and told him I want to return engine. He said he would get back to me never has and doesn't return calls. I am thinking of taking him to small claims court. I don't have any receipts or guarantee on writing. I do have witness. Am I wasting my time or should I proceed With small claims court.

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Asad Rahman

Attorney

J.D.

4,166 satisfied customers
Researching on Pro Se and why a corporation cannot be

researching on Pro Se and why a corporation cannot be represented that way This is not a small claims case the amount in question at this time is 3.7 millionJA: What state are you in? And have you consulted a local attorney?Customer: TexasJA: Has anything been officially filed? If so, what?Customer: I had an attorney and had to let him goJA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: I do not understand your answerJA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of It is uncharted territory for me

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Loren

Juris Doctor

40,274 satisfied customers
I loaned my friend money for his skin care business without

I loaned my friend money for his skin care business without a written contract and he verbally agreed to pay me back.It all started by me lending him my credit cards to use to pay for skin care products online and he promised he will pay me back for his purchase.I received a total of 7 checks totaling $960 sent from his wife, and then stopped paying me. When I ask him why, he now claims the credit cards I lend to him was not a "loan" and he never promised pay it all back, whether his business did well or not, and will mail the unused skin products to my house. I got upset and told him to keep it because I don't want it. I don't know how to sell the products and I have credit card bills to pay.If I take this to small claims court, what are my chances of winning even without written agreement?I do not have anything in writing from my friend. All I have are scanned images of the checks signed by his wife. His wife wrote 'For reimbursement' on the checks. Would the writing of 'For reimbursement' on the checks that is documented by his wife be considered a 'written agreement'?

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Richard - Bizlaw

Juris Doctor

10,562 satisfied customers
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