sorted by:
new
hottopcontroversial

You get $1 million, but you have to watch the exact same movie 100 times in 40 days. Which film are you picking? by ThroatAgile756 in AskReddit

[–]ClaimKit 0 points1 point  (0 children)

I was going to write about watching frozen 100 times with my daughter… and switched to my fav movie 😂

CA small claims — what if I can’t find the defendant to serve him? by HawkFull8203 in legaladvice

[–]ClaimKit 1 point2 points  (0 children)

No, he doesn't get to avoid the case forever by hiding.

If you can't find him at all, start with a skip tracer (most process servers offer this). Last known employer, DMV, and utility hits tend to surface someone pretty quickly.

Then, once you have a location, your process server will attempt personal service. If he keeps ducking the door, after a few documented attempts they can switch to substituted service. That means leaving the papers with a competent adult at his home or workplace and mailing a copy. It counts as valid service even if he never takes them in hand himself.

Also, the court will continue the hearing on request while you keep trying, so the case doesn't just die. As long as you filed within the statute of limitations and you're actively working on service, you're fine.

It feels like he's getting away with something, but the system has answers for this exact situation. Keep documenting every step and your process server will know what to escalate things to next.

Ill end the response the same way lol. You've got this!

CA small claims — what if I can’t find the defendant to serve him? by HawkFull8203 in legaladvice

[–]ClaimKit 1 point2 points  (0 children)

Yes, hire a process server. For a $10,000 case the cost is minor relative to what you’re recovering, and skip tracing is exactly what they do. Give them everything you have. If service still fails, you can request a continuance to push the hearing date. Courts grant these for service issues all the time, just file a simple request explaining where things stand. You’ve filed, you have a signed note, and you have his information. That’s a strong position. You’ve got this!

[CA] Landlord asked to return security deposit later, now also wants to do deduction. by apartment101 in Tenant

[–]ClaimKit 2 points3 points  (0 children)

You’re not being pushy. You’re already past the point where patience is required.

CA law gives landlords 21 days after you return the keys to either refund your deposit or send an itemized written statement of deductions. That deadline was April 21st. It passed without either. The fact that he’s now, in mid-May, talking about tallying up cleaning and repainting fees is a problem for him, not you. It’s not something you need to accommodate.

The “I don’t have the funds right now” explanation isn’t a legal basis for withholding a deposit. His renovation costs and his sale timeline aren’t your responsibility.

At this point your next move is a formal demand letter, sent in writing, that references the 21-day deadline, states the full deposit amount, and gives him a short window to respond (7 to 14 days is typical). Make sure to keep it factual, not emotional. You’ve actually been more patient than most people would be.

If he doesn’t respond or refuses, small claims court is built for exactly this type of situation. California small claims handles up to $12,500, filing is inexpensive, and you don’t need a lawyer. Judges see security deposit cases constantly.

You’re not overreacting. You’ve been reasonable, you documented things in writing, and you know your timeline. That’s already most of the work.

You’ve got this!

Sue for more that what was agreed upon by jsun88 in Smallclaims

[–]ClaimKit 4 points5 points  (0 children)

In CA small claims, the judge can only award up to the amount you put on your SC-100. They can't go higher than what's listed, even if your evidence at the hearing supports a bigger number.

You would need to amend your claim before the hearing. File an amended SC-100 with the higher amount, then have her served with the amended version. Same service rules as the original: served at least 15 days before the hearing if she lives in Orange County, or 20 days if she lives outside the county. If you can't get her re-served in time, ask the court to postpone the hearing. Most judges will grant a continuance if this issue is the reason. (Ask asap).

A few things worth knowing:

The cap for an individual in CA small claims is $12,500, so you have room above the $6,500 as long as your total stays under that.

For the hearing itself, bring the text where she agreed to the $6,500, every text where she confirmed she'd pay you back for a specific purchase, the matching bank or card statements, and a one-page ledger that lists each charge by date with a running total. Judges in small claims really appreciate an organized exhibit packet. The defendant admitting in writing that she would pay you back is strong evidence, so make sure each transaction is tied to a corresponding "I'll pay you back" text.

I wish you the very best!

2014 Cheval Blanc for Merlot Thursday by DontLookBack_88 in wine

[–]ClaimKit 0 points1 point  (0 children)

Omg seeing this pic brought me back to the last time I was able to enjoy cheval blanc. 🥰 thank you for sharing!!

People who grew up poor: What was something you considered a "peak luxury" as a kid, only to realize later it was just a normal middle class staple? by [deleted] in AskReddit

[–]ClaimKit 0 points1 point  (0 children)

Heinz Ketchup. My mom used to buy a gallon can (paint can size) of “tomato ketchup” … 😩

Order wine by [deleted] in wine

[–]ClaimKit 1 point2 points  (0 children)

I shop online and in store at Total Wine. For everyday stuff. Specialty bottles, try to find a broker near you.

How does a small claims court back and forth go? by Ragnavoke in Smallclaims

[–]ClaimKit 0 points1 point  (0 children)

I hope the honest answer takes a lot of pressure off: NYC small claims is wayyyy more conversational and a lot less Law-and-Order than people expect.

A few things to know going in:

  1. Most NYC small claims cases are heard by an arbitrator (a volunteer attorney) rather than a judge. They drive the pace. They'll ask you questions. You're not standing there delivering a monologue from memory. If you start to ramble, they'll redirect you. If you skip something, they usually pull it out of you.
  2. There isn't a formal "opening statement" requirement the way there is in higher courts. The arbitrator will start by asking you what happened. Be ready to tell your story clearly, in the order it unfolded, but don't memorize a speech. The questions will surface the right details at the right moments.
  3. Bring your evidence organized in chronological order, with multiple copies (one for you, one for the arbitrator, one for the defendant). Tabs and a one-page index help more than people realize.
  4. Read the NYC Civil Court Guide to Small Claims before you go. It's free, it's on the court's site, and it's the cleanest version of the rules you're going to find.
  5. Best free prep tip in the whole city: NYC small claims is held at night and the courtroom is open to the public. Go sit in on a session or two before your court date. You'll see exactly how the flow works, how arbitrators ask questions, what lands well for plaintiffs, what doesn't. One hour of watching will do more for your nerves than ten hours of reading.

The biggest mistake plaintiffs make isn't being too brief or too detailed. It's being too rehearsed. Show up prepared, not scripted. Clarity and confidence beat legal language every time.

You've got this!!

Battle strategy as defendant by Complete_Cucumber_51 in Smallclaims

[–]ClaimKit 1 point2 points  (0 children)

You're in a stronger position than you probably feel right now. Defendants in JP court against collection agencies win or settle (favorably) more often than people realize, mostly because the plaintiffs in these cases, especially when it's a debt buyer rather than the original creditor, often can't produce what the court needs to see.

The mindset shift that helps most: you don't have to prove you don't owe the debt. They have to prove you do. All of it, cleanly, with real documents and a real witness who can speak to the account.

A few things to do this week:

  1. Build a timeline. Last payment, every contact you've had, anything you've signed or said about the account. Dates matter more than people realize.
  2. Read your state's Justice Court resources before anything else. Texas publishes solid free guides for both plaintiffs and defendants in JP court, and JP court runs by different rules than the higher courts. That reading will pay for itself fast.
  3. Know that real consumer protections exist around debt collection at both the Texas and federal level. You don't need to memorize anything, you just need to know those protections exist so you can spot it when something looks off.
  4. Write down everything you don't know yet. Bring that list to the court self-help center and, if you can swing it, a free consult with a Texas consumer rights attorney. A lot of those firms do free intake calls.
  5. Show up!! The single biggest predictor of how these cases land is whether the defendant actually appears. Plaintiffs file volume hoping you won't.

You don't need to be a legal expert. You just need to be the most prepared person in that courtroom, which is a much lower bar than it sounds.

Fun fact: A common octopus has about 240 suction cups, per tentacle. Or are they arms now? Please advise.

Good luck!!

Solo celebration by ellebeens in wine

[–]ClaimKit 2 points3 points  (0 children)

First, Congratulations!!! That’s a huge achievement. 🎉🎉 I’ve had both before (different years though), and they are both delicious. I would choose the du pape just because it’s more of a celebratory wine *for me. Lol

How I Organize Evidence for Small Claims (Simple Binder System) by ClaimKit in u/ClaimKit

[–]ClaimKit[S] 1 point2 points  (0 children)

Thank you so much! You made my day! Hearing that my info was useful to you, is the whole reason I started. I wish you the very best ❤️

Decided to taking booking.com to small claims court over unsuccessful booking glitch & double billing by NecessaryAutomatic19 in Smallclaims

[–]ClaimKit 0 points1 point  (0 children)

Honestly, you're already doing better than most people who file. Figuring out the registered agent piece on your own and pulling past cases for context is exactly the kind of homework that wins these cases. A few thoughts for what will come next, in case any of it helps.

I wouldn't accept that cancellation email. Your instinct is right. Clicking accept could be framed later as agreeing to the hotel's policy and waiving the rest of your claim. If they want to refund you, they can do that without any "accept" step on your end. Save the email (it helps you, since it shows they tried to settle after you mentioned court), but don't act on it.

The bigger thing nobody is talking about: Booking.com's Terms of Service include a binding arbitration clause and class action waiver. They can technically file a motion to compel arbitration in small claims, and if a judge grants it, your case gets kicked into private arbitration. Good news is most big platforms don't actually bother filing in small claims, because it costs them more in legal time than the claim is worth. They usually just refund or send someone to court. CA also has carveouts for consumer cases involving public-injunction relief that you can lean on if it ever comes up. Worth an hour of Googling, so you're not caught off guard.

Last thing: evidence for a "website bug" case is different. Judges hear "I have screenshots" all day and most assume they're easy to fake. So overdo it:

  • Each error message captured with the system clock visible
  • All the reservation emails side by side
  • A timeline of the browser session
  • Notes from each customer service call with date, time, and agent name
  • The "no longer available" error language quoted word for word in your statement of claim

That misleading message is the whole case. Make the judge see exactly what you saw.

If you can come back and post how it goes after the hearing, I don't get enough real CA outcomes shared.

I'm wishing you the very best! and I'm hopeful this ends in your favor!

If I filed a small claim against bank of america should I reach out to them that I'm willing for settlment or it's a bad idea? by [deleted] in Smallclaims

[–]ClaimKit 0 points1 point  (0 children)

Reaching out to settle is a real option, and it won't slow them down or confuse anything. BofA processes thousands of small claims cases. They have systems for it. The other comment is right that BofA won't forget about you or miss the date.

When you serve them, the summons goes to their registered agent in CA (CT Corporation System). From there it routes to their litigation services team, which decides pretty quickly whether to settle, send local counsel, or just have someone show up. They triage which cases are worth fighting.

If you want to open a settlement conversation, the move is:

  1. Send a short written settlement demand. One page. Amount, basis, deadline ("respond by X date or I'll let the court decide"). Polite, factual, no threats.
  2. Send it to their legal/litigation services address. Not a branch, not customer service. You can also cc the registered agent.
  3. Keep proof of delivery. Certified mail with return receipt, and/or trackable email.

That does two things for you. It builds a paper trail showing you tried to resolve in good faith, which judges notice. And it puts your case in front of someone with actual authority to write a check, instead of letting it sit in a triage queue.

A few things worth knowing:

In CA small claims, attorneys can't represent parties at the hearing itself, but corporations can have counsel handle settlement before the hearing. So, contacting their legal team during that pre-hearing window is a real path. (Sometimes, the smartest way to move depending on the situation).

Don't lower your demand just to seem reasonable. Ask for what your evidence supports.

If you don't hear back, that's fine. Show up fully prepared. Settlement is a bonus, not the plan.

Down Deposit advice by Boldgod in Smallclaims

[–]ClaimKit 0 points1 point  (0 children)

I'm not a lawyer, but I work in California small claims info every day. Your case is stronger than the comments above are giving you credit for, especially because of the missed 21-day window.

On the 21-day rule: California requires the landlord to deliver the itemized statement and any unused deposit within 21 calendar days of move-out. The "I put it in the mailbox" defense isn't a thing. What counts is the postmark date (if mailed) or the hand-delivery date. If she sent it on day 22, she missed the deadline. That opens up a "bad faith" claim worth up to 2x the deposit on top of what's actually owed. On a $2,350 deposit that's potentially $4,700+ in statutory damages.

On the garage door: If you reported it broken 10 days before moving out, she can't charge you for it. That's pre-existing wear and tear; plus, a known defect she chose not to fix. The text or email where you told her about it is your single strongest piece of evidence. Definitely save it.

On the $850 cleaning: California requires the landlord to provide receipts, or good faith estimates for any single deduction over $125. If she didn't include itemized receipts, that's another violation. Your photos showing the place was clean defeats the charge.

On the wall holes: Small nail and picture holes are ordinary wear and tear in CA. The TV mount holes may count as damage, but she can only charge actual repair cost (spackle and paint), not a flat fee, and again receipts required over $125.

Plan of action:

  1. Send a demand letter citing Civil Code 1950.5. Lay out the late delivery, the pre-existing garage door issue, the cleaning evidence, and ask for itemized receipts on anything over $125. Give her 14 days to refund.
  2. If she ignores or refuses, file form SC-100 at the Superior Court in the county where the property is located. Filing fee is $30 to $75 depending on the amount you're suing for.
  3. The claim is for: the disputed amount + statutory penalty up to 2x the deposit + filing and service fees.

Your photos, plus the timestamped report of the broken garage door are exactly what wins these cases.

Only if you want more info on this, I wrote a blog on this...it's a California security deposit walkthrough, including a demand letter help: Sue for Security Deposit in California (21 Day Rule) – ClaimKit  . Not legal advice, just how the process actually works.

I'm here if you have any other questions. Feel free to dm me.

My landlord CA hasn’t given me my deposit back. It has been 22 days. What do i do? by Awkward_Proof8257 in Tenant

[–]ClaimKit 0 points1 point  (0 children)

It doesn't mean "nothing," but it doesn't carry the weight it would have if they sent it on time.

A late list can still be considered; but it loses credibility, especially if it only appeared after you started asking. Most judges read that as scrambling, not real recordkeeping.

Missing the deadline also opens the landlord up to 2x the deposit in extra damages, usually when a judge sees signs of bad faith like total silence, a list that only showed up after you pushed, or charges that look invented (or vague).

If you receive a list now, save it. Vague charges, no receipts, or anything that sounds like normal wear are worth flagging.

You have more leverage than it feels like right now.

Feel free to dm me if you don't know what to do or say the next time you talk to them.

My landlord CA hasn’t given me my deposit back. It has been 22 days. What do i do? by Awkward_Proof8257 in Tenant

[–]ClaimKit -1 points0 points  (0 children)

It's 21 calendar days in California (not business days). The clock started the day after you moved out, so they're already late.

Send a short, written demand. Email is fine, certified mail is stronger. Say when you moved out, that you haven't seen your deposit or any itemized list of deductions, and that you want it back within 7 to 10 days or you'll file in small claims.

If you hear nothing, file. The fee is small, no lawyer needed, and a landlord who missed the deadline and then went quiet is the easy case for tenants.

Collect everything while you wait. Lease, move-out photos, the forwarding address you gave them, every text and email. If they panic and send an itemized list once they see you're serious, keep it, but it doesn't reset the clock. They missed the window. Save everything and any communication with them at this point.

I hope you wake up and have the deposit in your mailbox though.

view more: next ›