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Recent Small Claims questions

The sellers of a property had an extension on paying the

The sellers of a property had an extension on paying the property taxes. After I bought the property I was charged for the past property tax. Since escrow should have deducted this cost how do I go about getting reimbursed for those taxes? Should I ask Escrow to pay me back?

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Ray

Lawyer

Doctoral Degree

35,120 satisfied customers
I was here earlier but i hadn't to deposit money first,

hi i was here earlier but i hadn't to deposit money firstJA: Because laws vary from state to state, could you tell me what state is this in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: i have most documentation

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LawTalk

Attorney at Law

Juris Doctor

32,386 satisfied customers
I have a quick question. My daughter got sued for an

I have a quick question. My daughter got sued for an outstanding debt and was served with the paper last Friday. We have 2 weeks to respond. She accept the debts. How is the best way to respond?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: no - I am not sure that is neededJA: Anything else you think the lawyer should know?Customer: Not really - she wants to accept to the outstanding debt but to nooment on as well. Several years she wanted to close the account and pay the debts but the teller told not to worry that the account is closed and the amount written. She was naïve at that time to believe the dept is gone. It was not a proper way from this teller. But she ows the money and want to admit it. It is about 700

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Loren

Juris Doctor

36,238 satisfied customers
I need help with information about filing a new motion to

I need help with information about filing a new motion to reschedule a small claims appeal hearing. It was schedule on 8/18. I missed the hearing due to medical issues. I am the defendant.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: MichiganJA: Have you talked to a lawyer yet?Customer: The lawyer I talked to at the free legal clinic Tue evening advised me to go back to the court and try filing a motion ((again)). When we went to the same court on Monday to file the motion the clerk refused to allow me to file the motion because she claimed she was unable to find the file.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: I did type Michigan.......When I returned to the court Wed another clerk said she found the file, had a file in hand and claimed the file was on the judge's bench. She said the judge had not made a decision and that she could make a decision and it could be ruled in my favor.JA: Anything else you think the lawyer should know?Customer: And again this clerk refused to allow me to file a new motion to reschedule the appeal hearing. She claimed a motion could only be file after the judge rendered a decision.

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Phillips Esq.

Attorney

Juris Doctor

17,902 satisfied customers
I am preparing a case for trial in fla. Smalls court 19th

I am preparing a case for trial in fla. Smalls court 19th circuit. The Pre Trial Order says "Discovery may be had in accordance with summary procedure rule 7.020.I read that rule. I am seeking clarification from a Fl lawyer.Can I serve a Request for Admissions on the Defendant? How about production of documents?

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RobertJDFL

Attorney

Juris Doctorate

12,130 satisfied customers
My 15-year old son is an avid baseball fan and autograph

My 15-year old son is an avid baseball fan and autograph collector. If he's not at school he's playing baseball or sorting his collection of autographed cards, baseballs, bats, and photos. He's made friends with minor league players around the country.He's also made contacts and friends with other like-minded fans and collectors all over the country. They talk frequently, trade from time to time, and when we attend an out of town minor league game he usually meets up with a fellow autograph collector.Among the collector websites that he visits, he also joined the Autograph 101 page on Facebook. Through the Autograph 101 page he came across a person that was selling photos for $.75 each. Turns out, these were photos from Getty and AP Images. His story was that he had a "membership" that allowed him to download the images, which he in turn was selling. The buyer would visit the Getty or AP site, choose the photos that they wanted, sent the file name to seller on Facebook, and in a few days they could be downloaded from the seller's file server. Between February and April this year, my son purchased and downloaded quite a few of these images.Recently, my son received an email from Yarmuth Wilsdon PLLC, indicating that they had identified him as downloading “a large number of images” that had been illegally obtained by the seller from the Getty catalog. Attached was a list of the files that he had purchased from the seller . . .74 in all.Other attachments were copies of a restraining order and suit filed against the seller and “John Does 1 to 25”. My son is one of the 25 John Does.The letter also states that Google had been served a subpoena seeking the name, address, contact info, etc for my son (apparently they only identified his email address from the file server). The letter offered the possibility of a settlement instead of being added to the lawsuit, and gave a deadline of August 31 for a deadline to contact them.What should our first step be? Initially I thought to contact them directly and explain that it was a kid that purchased the photos from the seller, but now I think that would just provide them more info than necessary at this point. Can they sue a 15-year old boy? Can they successfully sue my wife and I as his parents? My son makes $35 bucks a week, if he bathes the dogs and mows the lawn, and has about $300 to his name. What do they hope to gain?

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Asad Rahman

Attorney

J.D.

2,774 satisfied customers
Mom is 101 years old. Went on vacation, stayed in a VRBO

Mom is 101 years old. Went on vacation, stayed in a VRBO rental, entry way had one step down to L/R, Mom took a mis-step and fell on the marble floor. Fractured pelvis and sacrum. Hospitalized for 8-days and in a life care rehab facility for 9 weeks. She lives with me (her daughter) and is back at home. Owner of the VRBO is an attorney. Mom has Medicare A and Federal Retirement Blue Cross/Blue Shield. Most bills have been paid. Her out of pocket co-pays are around $10,000. It is my understanding the property should be insured with a small amount of medical coverage if someone is hurt on the premises. First told, it was being turned into insurance company. Then given name of insurance company, who did not insure the property. Given another name of insurance company who indicated policy had been cancelled on 04-04-16 and the accident occurred on 04-29-16. Received text from VRBO owner there was no insurance and he is not required to have insurance. My belief is he uses the VRBO as his residence as well as a VRBO rental. Property is located in the Black Forest in Monument CO. Believe this is a possible case for small claims court? However, would feel more comfortable knowing how to proceed. Thank you.

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Kim Courtney

Principal Attorney

Master's Degree

3,970 satisfied customers
I leased a room in my house to someone that turned out to be

I leased a room in my house to someone that turned out to be a mental case and is now suing me in small claims court because I would not heat the Jacuzzi for her (which I told her when renting). I have documentation of this discussion. The lease says she can use the Jacuzzi but it does not say it is heated. It is southern California and the weather permits using it unheated which I do. The lease does say she will not do anything to increase the utilities since I pay them (which the Jacuzzi would clearly do - around $100-$150 per month in costs). Do I need to provide anything to the court other than the lease and my documentation in order to be successful in my case?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: California.JA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: I have 3 criminal complaints against this person (2 for theft in my home and 1 for attempted arson and threats against me). She is no longer living here.

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LegalKnowledge

Juris Doctor

29,690 satisfied customers
I received a Judgment for the plaintiff (me) "case defaulted

I received a Judgment for the plaintiff (me) "case defaulted on defendant's failure to comply with prior Orders" in NH Small Claims. Defendant never responded to my motion for a default judgment during the 10 days he had to (or after). Judgment was rendered and all parties notified. 30 days to pay me (which he never did) or respond to the court about the motion or judgment the judgment during that 30 day period. I filed a motion for periodic payments and 3 days later he has an attorney (now) and he files a motion to strike Default Judgment. Is that even an option at this point. 1. missed deadline to dispute my motion (10 days). 2. missed deadline to pay me per court orders (30 days). 3. missed window to appeal to NH Supreme Court on basis of law (30 days). Is this something I need to be concerned about or is defendant just wasting everyone's time.

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
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