Questions tagged [small-claims-court]
Small Claims Court rules and procedures. Where they exist, Small Claims Courts typically only have jurisdiction over minor civil matters – e.g., claims under $25,000.
214
questions
7
votes
2
answers
1k
views
Does res judicata prevent you from filing separate claims for different causes of action with overlapping facts?
(UK law, small claims.)
This is a follow-on question to one I asked earlier.
Splitting a claim into several small claims
A reply to my question stated:
You can only sue once on the same facts on the ...
3
votes
2
answers
246
views
Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?
Say a defendent owns land worth $200,000.
The defendant lost the case and has to pay $9,000
He does not have any money to pay.
Could courts order the land to be sold?
My question is general, but just ...
1
vote
1
answer
217
views
My friend borrowed money but does not want to pay back. It was a 'buddy promise' with no pay back time stipulated
My (used to be) friend borrowed some money from me but does not want to pay back. It was a 'buddy promise'. I have SMS, Email & Bank Transfer slips as evidence. Since it was done between buddies, ...
2
votes
1
answer
48
views
Disputes Tribunal handling confidential information (New Zealand)
If a party has information that is confidential in nature, do court procedures allow for this information to be provided to the Adjudicator without a copy being presented to the other party.
For ...
2
votes
3
answers
764
views
Can I sue a moving company for damages in small claims court?
I hired a moving company to move my furniture from one apartment to another.
While unloading a coffee table, one of the movers stacked a stone sculpture on top of the coffee table. This caused the ...
3
votes
1
answer
361
views
Can I refuse to settle out of court even if the defendant agrees to pay my claim amount?
I am suing a large corporation in small claims court for what I believe is a clear-cut case that I will win.
The amount I am claiming is only a few hundred dollars and I suspect the company will offer ...
1
vote
1
answer
136
views
What happens if debtor pays before enforcement hearing?
This is a hypothetical scenario.
I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
2
votes
3
answers
309
views
Can a hit and run victim sue the car owner for not having insurance?
An adult driver hit-and-ran someone who found the car later at the driver's mom's house. Her son had been driving but she owned the car. She talked to the police and gave them the insurance card, ...
-2
votes
2
answers
144
views
How to get current insurance information from car owner of son's hit-and-run charges
A month ago I had a hit-and-run on my property and car, and a few hours later they were found at his mother's house. Car owned by mother, driver is her adult son. Mother finally gave investigating ...
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 ...
2
votes
2
answers
49
views
When can a payment hearing be adjourned without a decision?
A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told ...
0
votes
1
answer
112
views
In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?
At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers.
I understand in the payment hearing the creditor can ...
2
votes
1
answer
266
views
Splitting a claim into several small claims
UK, small claims court question.
Is it permissible to split a large claim into several small claims, against multiple defendants, arguing a different cause of action in each?
Consider this ...
1
vote
1
answer
105
views
How to serve a summons to payment hearing to a debtor?
Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
2
votes
1
answer
68
views
How is interest calculated on a debt?
For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...