All Questions
Tagged with small-claims-court civil-procedure
9
questions
2
votes
1
answer
554
views
Why would one ever need a capias instead of a writ of execution?
In for example small claims, if the plaintiff wins and the defendant doesn't show for the payment hearing, the plaintiff can request a capias (civil arrest) and/or a writ of execution (e.g. lien) to ...
- 29
2
votes
2
answers
103
views
What is the correct venue in which to claim for one’s own needlessly wasted or lost time?
Suppose, for example, that a business screws up in a way that harms a customer, and the customer is told that they need to return after 11am on the following day when they will be able to have the ...
0
votes
1
answer
74
views
Why can’t claims under s214 Housing Act 2004 be issued in the small claims track?
Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within ...
1
vote
0
answers
132
views
In California, what claims may not state a dollar amount in a complaint or in its prayer?
Punitive damages may not be claimed as an exact dollar figure in a complaint or in the prayer since the middle '80's in California, and must be left to the jury.
What other claims cannot be claimed as ...
- 81
2
votes
0
answers
26
views
Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?
Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
- 21
1
vote
1
answer
241
views
How does someone file an order with the Provincial Court to have it enforced?
Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
- 117
1
vote
1
answer
378
views
How do I file a certificate of service when making a money claim online?
I recently submitted online a court claim for money owed.
Prior to making the claim I had written to the defendant several times to explain the breakdown of money owed but not got a response.
Now ...
- 121
1
vote
1
answer
62
views
Can you file a lawsuit before paying unwarranted damage charges?
I recently moved out of my apartment and was just sent a bill for $608.93 for "damages" that I believe are completely unfounded (some of which I noted on my original move-in condition form).
I ...
- 125
3
votes
1
answer
409
views
Non payment on (Phone) Handset Lease
I am in a situation where my friend was not able to get a phone contract under his name, and I being a good friend agreed to add a line to my account and leased a phone for him (all under my account).
...
- 153