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Questions and answers

Every legal answer here quotes the text it rests on, names the section, carries the date that section was read, and says which jurisdiction it is true in. Where a jurisdiction has not been read, there is no answer for it, not a borrowed one.

266 answers, 264 of them resting on a statute read at its official source. This is a beginning, not a library: answers are added as jurisdictions are read.

Can I speak for myself in a federal court, without a lawyer?

Answered for: Federal courts

In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.

The federal statute says the parties may plead and conduct their own cases personally. It also says this happens as the rules of each court permit, so the individual court's rules still apply.

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In New York, can someone who is not a lawyer charge me to prepare my court papers?

Answered for: New York

No natural person shall ask or receive, directly or indirectly, compensation for appearing for a person other than himself as attorney in any court or before any magistrate, or for preparing deeds, mortgages, assignments, discharges, leases or any other instruments affecting real estate, wills, codicils, or any other instrument affecting the disposition of property after death, or decedents' estates, or pleadings of any kind in any action brought before any court of record in this state, or make it a business to practice for another as an attorney in any court or before any magistrate unless he has been regularly admitted to practice, as an attorney or counselor, in the courts of record in the state

The New York statute forbids a person who is not an admitted attorney from asking or receiving compensation for preparing pleadings, real-estate instruments, or wills for someone other than themselves. The words it uses are 'ask or receive' and 'for a person other than himself'.

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In Texas, is legal software itself the practice of law?

Answered for: Texas

The definition in this section is not exclusive and does not deprive the judicial branch of the power and authority under both this chapter and the adjudicated cases to determine whether other services and acts not enumerated may constitute the practice of law. […] In this chapter, the "practice of law" does not include the design, creation, publication, distribution, display, or sale, including publication, distribution, display, or sale by means of an Internet web site, of written materials, books, forms, computer software, or similar products if the products clearly and conspicuously state that the products are not a substitute for the advice of an attorney. This subsection does not authorize the use of the products or similar media in violation of Chapter 83 and does not affect the applicability or enforceability of that chapter.

The Texas statute excludes computer software and web sites from the definition, on one condition it states expressly: the product must clearly and conspicuously say it is not a substitute for the advice of an attorney. The same section adds that the definition 'is not exclusive', and the exclusion does not affect Chapter 83.

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In Michigan, can a business suggest it is authorized to handle my legal matter when it is not a licensed attorney?

Answered for: Michigan

A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state.

The Michigan statute reaches more than practising: it also forbids leading others to believe one is authorized to practise, 'in any manner whatsoever', unless licensed.

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In Pennsylvania, what does the law say about someone who holds themselves out as a lawyer?

Answered for: Pennsylvania

any person, including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with 15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. […] (c) Injunction.--In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

The Pennsylvania statute names a misdemeanor of the third degree for a first violation, and it reaches conveying the impression of being a practitioner, not only practising. The same section states that a violation is also a violation of the Unfair Trade Practices and Consumer Protection Law.

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What does this tool put in a record of what happened?

About the tool, not about the law of any state.

Whatever you write, in the order it happened: a date, what occurred, and the exhibit that supports it, or a note that no exhibit supports it. You write the account. The tool lays it out and prints it. It does not add facts, and it does not decide which of your facts matter.

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Does what I type leave my device?

About the tool, not about the law of any state.

The tool is built to keep what you write on your own device. Where any function has to send something, that function says so on the spot and asks first, and declining it leaves everything else working.

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In California, does the statute say what « practicing law » means?

Answered for: California

6125. No person shall practice law in California unless the person is an active licensee of the State Bar.

The California section states the prohibition in one sentence and stops there: nothing in the quoted text defines what practising law means. Where that definition does come from is not answered by this section, and this page does not answer it.

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In Florida, what does the law say about claiming to the public that you can practice law?

Answered for: Florida

Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree

The Florida statute reaches two separate things: practising without a licence, and holding oneself out to the public as qualified to practice. It names a felony of the third degree.

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In Connecticut, what does the law forbid a person who is not an admitted attorney from doing?

Answered for: Connecticut

Sec. 51-88. Practice of law by persons not admitted as attorneys. Exceptions. (a) Unless a person is providing legal services pursuant to statute or rule of the Superior Court, a person who has not been admitted as an attorney under the provisions of section 51-80 or, having been admitted under section 51-80 , has been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension, shall not: (1) Practice law or appear as an attorney-at-law for another in any court of record in this state, (2) make it a business to practice law or appear as an attorney-at-law for another in any such court, (3) make it a business to solicit employment for an attorney-at-law, (4) hold himself or herself out to the public as being entitled to practice law, (5) assume to be an attorney-at-law, (6) assume, use or advertise the title of lawyer, attorney and counselor-at-law, attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he or she is a legal practitioner of law,

The Connecticut section lists the forbidden acts one by one. Two of them are about appearances rather than court work: holding oneself out as entitled to practice, and using a title so as to convey the impression of being a legal practitioner.

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In Oregon, does the law protect my right to speak for myself?

Answered for: Oregon

9.160 Bar license required to practice law; exceptions. (1) Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active licensee of the Oregon State Bar. (2) Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320.

The Oregon section states the licence requirement and then says, in the same section, that it does not affect the right to prosecute or defend a cause in person. It points to ORS 9.320 for that right.

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In South Carolina, who decides what counts as the unauthorized practice of law?

Answered for: South Carolina

SECTION 40-5-310. Practicing law or soliciting legal cause of another without being enrolled as member of South Carolina Bar. No person may either practice law or solicit the legal cause of another person or entity in this State unless he is enrolled as a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The type of conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by the Supreme Court of South Carolina prior to any charge being filed.

The South Carolina section adds a condition that is unusual among the states read here: the conduct charged must already have been defined as the unauthorized practice of law by that state's Supreme Court before a charge is filed.

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In New Hampshire, who can act against someone practising law without a licence?

Answered for: New Hampshire

311:7-a Petition for Injunction. – I. Upon the attorney general's own information or upon complaint of any person, including any judge or any organized bar association in this state, the attorney general may maintain an action for injunctive relief in the supreme or superior court against any person who renders, offers to render, or holds himself or herself out as rendering any service which constitutes the unauthorized practice of the law.

The New Hampshire section lets the attorney general seek an injunction, on their own information or on anyone's complaint. It reaches rendering the service, offering to render it, and holding oneself out as rendering it.

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In Wisconsin, what is the penalty for practising law without a licence?

Answered for: Wisconsin

757.30 Penalty for practicing without license. 757.30(1) (1) Every person, who without having first obtained a license to practice law as an attorney of a court of record in this state, as provided by law, practices law within the meaning of sub. (2) , or purports to be licensed to practice law as an attorney within the meaning of sub. (3) , shall be fined not less than $50 nor more than $500 or imprisoned not more than one year in the county jail or both, and in addition may be punished as for a contempt.

The Wisconsin section sets a fine, possible jail, and contempt. It reaches two things: practising law within the meaning of subsection (2), and purporting to be licensed within the meaning of subsection (3).

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In Missouri, what is « doing law business » and who may do it?

Answered for: Missouri

No person shall engage in the practice of law or do law business, as defined in section 484.010 , or both, unless he shall have been duly licensed therefor and while his license therefor is in full force and effect

The Missouri section covers two activities, the practice of law and doing law business, and points to section 484.010 for what those words mean.

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In Minnesota, what does the law forbid a person who is not a member of the bar from doing?

Answered for: Minnesota

It shall be unlawful for any person or association of persons, except members of the bar of Minnesota admitted and licensed to practice as attorneys at law

The Minnesota section opens by making the conduct unlawful for anyone outside the bar, and then lists what it covers.

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In Illinois, can a person who is not a licensed attorney be paid for legal services?

Answered for: Illinois

No person shall receive any compensation directly or indirectly for any legal services other than a regularly licensed attorney, nor may an unlicensed person advertise or hold himself or herself out to provide legal services.

The Illinois section addresses payment directly: no compensation, direct or indirect, for legal services unless a regularly licensed attorney. It separately forbids advertising or holding out.

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In Massachusetts, what counts as holding yourself out as a lawyer?

Answered for: Massachusetts

Whoever has been so removed and continues thereafter to practice law or to receive any fee for his services as an attorney at law rendered after such removal, or who holds himself out, or who represents or advertises himself as an attorney or counsellor at law, or whoever, not having been lawfully admitted to practice as an attorney at law, represents himself to be an attorney or counsellor at law, or to be lawfully qualified to practice in the courts of the commonwealth, by means of a sign, business card, letter head or otherwise,

The Massachusetts section names specific media, a sign, a business card, a letterhead, and then adds « or otherwise », so the list is not closed by the examples it gives.

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In Washington, what does the law list as unlawful practice of law?

Answered for: Washington

(2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; (c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law; (d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or (e) A nonlawyer shares legal fees with a legal provider.

The Washington section gives a list rather than a general phrase. The first item covers both practising and holding oneself out as entitled to practise; the others are about ownership of, and fee-sharing with, a law business.

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In Virginia, what is the penalty for practising law without authority?

Answered for: Virginia

§ 54.1-3904. Penalty for practicing without authority. Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. A collection agency may refer debts to an attorney for collection with the creditor's approval of the referral and the fee arrangement and shall not be deemed to be engaged in the unauthorized practice of law. An attorney is permitted by the creditor's authorization to enter into such representation agreements.

Practising without being authorized or licensed is a Class 1 misdemeanor. The section then carves out one situation by name: a collection agency referring debts to an attorney, with the creditor's approval, is not engaged in the unauthorized practice of law.

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Whose money is the security deposit while the landlord is holding it?

Answered for: New York

§ 7-103. Money deposited or advanced for use or rental of real property; waiver void; administration expenses. 1. Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real property as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same, but may be disposed of as provided in section 7-105 of this chapter. 2. Whenever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. [...] 2-a. Whenever the money so deposited or advanced is for the rental of property containing six or more family dwelling units, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing account in a banking organization within the state which account shall earn interest at a rate which shall be the prevailing rate earned by other such deposits made with banking organizations in such area. [...] 3. Any provision of such a contract or agreement whereby a person who so deposits or advances money waives any provision of this section is absolutely void. 4. The term "real property" as used in this section is co-extensive in meaning with lands, tenements and hereditaments.

A security deposit stays the tenant's money and is held in trust by the landlord; it must not be mixed with the landlord's own funds or treated as the landlord's asset. If the landlord puts it in a bank, the landlord must tell the tenant in writing which bank and how much, and a lease clause waiving this section is void.

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Does the landlord have to keep the place liveable?

Answered for: New York

§ 235-b. Warranty of habitability. 1. In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties. 2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy. 3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony; and [...]

Every residential lease in New York, written or oral, automatically includes the landlord's promise that the home and the shared areas are fit to live in and free of conditions dangerous to life, health or safety. A tenant cannot be made to sign that promise away, and a court awarding damages for a breach need not require expert testimony.

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What is the most I can sue for in small claims in New York City?

Answered for: New York

§ 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of ten thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed ten thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment within the city of New York, or where claimant is a tenant or lessee of real property owned by the defendant and the claim relates to such tenancy or lease, and such real property is situated within the city of New York.

In the New York City Civil Court, a small claim is a claim for money only of up to ten thousand dollars, not counting interest and costs. The defendant must live, work or have a business office in New York City, or the claim must relate to a tenancy in New York City property the defendant owns.

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What is the small claims limit in a town or village justice court?

Answered for: New York

§ 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of three thousand dollars exclusive of interest and costs, provided that the defendant either resides, or has an office for the transaction of business or a regular employment within the municipality where the court is located, or where claimant is or was a tenant or lessee of real property owned by the defendant and the claim relates to such tenancy or lease, and such real property is situated within the municipality where the court is located. [...]

In a town or village justice court, a small claim is a money-only claim of up to three thousand dollars, not counting interest and costs. The defendant must live, work or have a business office in the municipality where the court sits, or the claim must relate to a tenancy in property the defendant owns there.

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What is the small claims limit in the district courts (Nassau and Suffolk)?

Answered for: New York

§ 1801. Small claims defined. The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of five thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part one hundred thirty-seven of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed five thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment within a district of the court in the county, or where the claimant is or was a tenant or lessee of real property owned by the defendant and the claim relates to such tenancy or lease, and such real property is situated within a district of the court in the county.

In a district court governed by the Uniform District Court Act, a small claim is a money-only claim of up to five thousand dollars, excluding interest and costs, with the same residence, workplace or tenancy connection required to a district of the court in the county.

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Can a company sue me in small claims, or send a non-lawyer to defend?

Answered for: New York

§ 1809. Procedures relating to corporations, associations, insurers and assignees. 1. No corporation, except a municipal corporation, public benefit corporation, school district or school district public library wholly or partially within the municipal corporate limit, no partnership, or association and no assignee of any small claim shall institute an action or proceeding under this article, nor shall this article apply to any claim or cause of action brought by an insurer in its own name or in the name of its insured whether before or after payment to the insured on the policy. 2. A corporation may appear in the defense of any small claim action brought pursuant to this article by an attorney as well as by any authorized officer, director or employee of the corporation provided that the appearance by a non-lawyer on behalf of a corporation shall be deemed to constitute the requisite authority to bind the corporation in a settlement or trial. The court or arbitrator may make reasonable inquiry to determine the authority of any person who appears for the corporation in defense of a small claims court case.

In New York City small claims, corporations (apart from the listed public ones), partnerships, associations, assignees of a claim and insurers cannot start the case. A corporation being sued may defend either through a lawyer or through an authorized officer, director or employee, whose appearance binds the corporation in a settlement or trial.

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Am I allowed to go to court in Florida and speak for myself without hiring a lawyer?

Answered for: Florida

454.18 Officers not allowed to practice.— No sheriff or clerk of any court, or full-time deputy thereof, shall practice in this state, nor shall any person not of good moral character, or who has been convicted of an infamous crime be entitled to practice. A person may not be denied the right to practice on account of sex, race, or color. And any person, whether an attorney or not, or whether within the exceptions mentioned above or not, may conduct his or her own cause in any court of this state, or before any public board, committee, or officer, subject to the lawful rules and discipline of such court, board, committee, or officer. The provisions of this section restricting the practice of law by a sheriff or clerk, or full-time deputy thereof, do not apply in a case where such person is representing the office or agency in the course of his or her duties as an attorney.

Any person, whether or not they are an attorney, may conduct their own case in any Florida court or before any public board, committee or officer, subject to that body's lawful rules and discipline. The statute permits self-representation; it does not say a person must appear without a lawyer.

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When does my landlord have to give my security deposit back?

Answered for: Texas

Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. (b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. (c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.

The landlord must refund the security deposit on or before the 30th day after the tenant surrenders the premises, except as provided by Section 92.107. A lease clause requiring advance notice of surrender as a condition of the refund only works if it is underlined or in conspicuous bold print.

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What happens if the landlord keeps my deposit and won't give it back?

Answered for: Texas

Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit. (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable. (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

A landlord who in bad faith keeps a security deposit is liable for $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney's fees. Missing the 30th day for either the refund or the itemization creates a presumption of bad faith, and in a tenant's suit the landlord carries the burden of proving any retention was reasonable.

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Can I go to small claims court without a lawyer?

Answered for: Texas

Sec. 27.060. SMALL CLAIMS. (a) A justice court shall conduct proceedings in a small claims case, as that term is defined by the supreme court, in accordance with rules of civil procedure promulgated by the supreme court to ensure the fair, expeditious, and inexpensive resolution of small claims cases. (b) Except as provided by Subsection (c), rules of the supreme court must provide that: (1) if both parties appear, the judge shall proceed to hear the case; (2) formal pleadings other than the statement are not required; (3) the judge shall hear the testimony of the parties and the witnesses that the parties produce and shall consider the other evidence offered; (4) the hearing is informal, with the sole objective being to dispense speedy justice between the parties; (5) discovery is limited to that considered appropriate and permitted by the judge; and (6) the judge shall develop the facts of the case, and for that purpose may question a witness or party and may summon any party to appear as a witness as the judge considers necessary to a correct judgment and speedy disposition of the case. (c) The rules of the supreme court must provide specific procedures for an action by: (1) an assignee of a claim or other person seeking to bring an action on an assigned claim; (2) a person primarily engaged in the business of lending money at interest; or (3) a collection agency or collection agent. (d) The rules adopted by the supreme court may not: (1) require that a party in a case be represented by an attorney; (2) be so complex that a reasonable person without legal training would have difficulty understanding or applying the rules; or (3) require that discovery rules adopted under the Texas Rules of Civil Procedure or the Texas Rules of Evidence be applied except to the extent the justice of the peace hearing the case determines that the rules must be followed to ensure that the proceeding is fair to all parties. (e) A committee established by the supreme court to recommend rules to be adopted under this section must include justices of the peace.

Small claims cases are heard by the justice court under rules written by the Texas Supreme Court, and those rules may not require that a party be represented by an attorney, nor be so complex that a reasonable person without legal training would have difficulty understanding or applying them. The statute also directs that the hearing be informal, that formal pleadings other than the statement not be required, and that the judge develop the facts of the case.

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How much can a landlord charge me as a security deposit?

Answered for: Maine

§6032. Maximum security deposit A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months. [PL 2009, c. 566, §22 (AMD).]

A residential lease or at-will tenancy cannot require a security deposit larger than two months' rent.

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When does the landlord have to give my security deposit back, and what happens if they miss the deadline?

Answered for: Maine

§6033. Return of the security deposit 1. Normal wear and tear. A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear. [PL 1977, c. 359 (NEW).] 2. Return; time; retention. A landlord shall return to a tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide the tenant with a written statement itemizing the reasons for the retention of the security deposit or any portion of it: A. In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and [PL 1977, c. 359 (NEW).] B. In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. [PL 1977, c. 359 (NEW).] The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained. Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord. The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant. [PL 1995, c. 52, §1 (AMD).] 3. Penalty. If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit. [PL 1977, c. 359 (NEW).]

The landlord must either return the whole deposit or give a written itemized statement of what is being kept and pay the rest — within the time stated in a written lease (no more than 30 days), or within 21 days for a tenancy at will. Normal wear and tear cannot be charged against the deposit, and if the landlord misses that deadline the statute says the landlord forfeits the right to withhold any of it.

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Which court hears small claims, and what can it order besides money?

Answered for: Maine

§7481. Small Claims Act; jurisdiction There is established a small claims proceeding for the purpose of providing a simple, speedy and informal court procedure for the resolution of small claims. It shall be an alternative, not an exclusive, proceeding. The District Court shall have jurisdiction of small claims actions. The District Court shall have the power to grant monetary and equitable relief in these actions. Equitable relief is limited to orders to return, reform, refund, repair or rescind. [PL 1981, c. 667, §2 (NEW).]

Small claims is a simple, speedy and informal procedure in the District Court, and it is an alternative rather than the only route. The court can award money and can also order a party to return, reform, refund, repair or rescind — but equitable relief is limited to those five.

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In California, does my landlord have to keep the place fit to live in?

Answered for: California

[1941.] Section Nineteen Hundred and Forty-one. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine. (Amended by Code Amendments 1873-74, Ch. 612.)

A landlord renting out a building meant for people to live in must, unless the parties have agreed otherwise, put it into a condition fit to live in and repair later deterioration that makes it unfit, apart from the exceptions named in section 1929.

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In California, what makes a rented home legally unfit to live in?

Answered for: California

1941.1. (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code: (1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order. (3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order. (5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order. (6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control. (8) Floors, stairways, and railings maintained in good repair. (9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008. (10) Except as provided in subdivision (b), a stove that is maintained in good working order and capable of safely generating heat for cooking purposes. A stove that is subject to a recall by the manufacturer or a public entity is not capable of safely generating heat for cooking purposes. This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026. (11) (A) Except as provided in subdivision (b) and subparagraph (B), a refrigerator that is maintained in good working order and capable of safely storing food. A refrigerator that is subject to recall by the manufacturer or a public entity is not capable of safely storing food. [...] (C) This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026. [...] (Amended by Stats. 2025, Ch. 342, Sec. 1. (AB 628) Effective January 1, 2026.)

This section lists what a rented home must have; if it substantially lacks any of them it is treated as unfit to live in for purposes of section 1941. The list includes a weatherproof roof and exterior walls with unbroken windows and doors, working plumbing and gas, hot and cold running water connected to approved sewage disposal, working heat, working electrical lighting and wiring, clean grounds free of debris and vermin, enough garbage receptacles, and floors, stairways and railings in good repair. The section also adds a working stove and a working refrigerator, but only for leases entered into, amended or extended on or after January 1, 2026, and subject to the exceptions in subdivision (b).

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In California, how much can I sue for in small claims court?

Answered for: California

116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. (Amended by Stats. 2023, Ch. 861, Sec. 6. (SB 71) Effective January 1, 2024.)

On top of the general limit in section 116.220, a case brought by a natural person can go to small claims court for up to $12,500, except where subdivision (c) of section 116.220 or subdivision (a) of section 116.231 prohibits it. So the higher figure applies to a claim brought by a person, not to every claimant.

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In California small claims court, can a lawyer take part in the case?

Answered for: California

116.530. (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. (c) Nothing in this section shall prevent an attorney from doing any of the following: (1) Providing advice to a party to a small claims action, either before or after the commencement of the action. (2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify. (3) Representing a party in an appeal to the superior court. (4) Representing a party in connection with the enforcement of a judgment. (Amended by Stats. 2003, Ch. 449, Sec. 5. Effective January 1, 2004.)

In a California small claims action an attorney may not take part in conducting or defending the case, apart from the listed situations where the attorney is a party or is appearing for their own all-attorney partnership or professional corporation. The section expressly does not stop an attorney from giving a party advice before or after the case starts, testifying to facts they personally know, representing a party on appeal to the superior court, or representing a party in enforcing a judgment.

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Can I represent myself in court in United States (federal)?

Answered for: US

the parties may plead and conduct their own cases personally

This is the provision United States (federal) uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in California?

Answered for: California

No person shall practice law in California unless the person is an active licensee of the State Bar.

This is the provision California uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Connecticut?

Answered for: Connecticut

Sec. 51-88. Practice of law by persons not admitted as attorneys. Exceptions.

This is the provision Connecticut uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Florida?

Answered for: Florida

commits a felony of the third degree

This is the provision Florida uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Idaho?

Answered for: Idaho

If any person shall practice law or hold himself out as qualified to practice law in this state without having been admitted to practice therein by the Supreme Court

This is the provision Idaho uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Illinois?

Answered for: Illinois

Attorney Act

This is the provision Illinois uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Kentucky?

Answered for: Kentucky

without a license issued by the Supreme Court, he or she engages in the practice of law, as defined by rule of the Supreme Court

This is the provision Kentucky uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Maine?

Answered for: Maine

No person may practice law or profess to practice law within the State or before its courts

This is the provision Maine uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Maryland?

Answered for: Maryland

a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar

Md. Code, Bus. Occ. & Prof. §§ 10-101(h), 10-601, official source, read 2026-08-20

This is the provision Maryland uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Massachusetts?

Answered for: Massachusetts

Section 41: Unauthorized practice of law; solicitation of business; penalty

This is the provision Massachusetts uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Michigan?

Answered for: Michigan

600.916 Unauthorized practice of law

This is the provision Michigan uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Missouri?

Answered for: Missouri

Who shall engage in the practice of law or do law business, penalty

This is the provision Missouri uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Montana?

Answered for: Montana

Any person who holds out to the public or advertises as an attorney

Mont. Code Ann. §§ 37-61-201, 37-61-210, official source, read 2026-08-20

This is the provision Montana uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Nebraska?

Answered for: Nebraska

or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar

This is the provision Nebraska uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in New Hampshire?

Answered for: New Hampshire

311:7 Prohibition

This is the provision New Hampshire uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in New York?

Answered for: New York

convey the impression that he or she is a legal practitioner

This is the provision New York uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in North Dakota?

Answered for: North Dakota

a person may not practice law, act as an attorney or counselor at law in this state, or commence, conduct, or defend in any court of record of this state, any action or proceeding in which the person is not a party concerned

This is the provision North Dakota uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Oklahoma?

Answered for: Oklahoma

No person, corporation, partnership, or any other entity … shall practice law in the State of Oklahoma who is not an active member of the Association

Okla. Stat. tit. 5, ch. 1, app. 1 (Rules Creating and Controlling the Oklahoma Bar Association), art. II, § 7, official source, read 2026-08-20

This is the provision Oklahoma uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Oregon?

Answered for: Oregon

9.160 Bar license required to practice law; exceptions

This is the provision Oregon uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Pennsylvania?

Answered for: Pennsylvania

Office of attorney at law

This is the provision Pennsylvania uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Rhode Island?

Answered for: Rhode Island

the doing of any act for another person usually done by attorneys at law in the course of their profession

This is the provision Rhode Island uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in South Carolina?

Answered for: South Carolina

SECTION 40-5-310. Practicing law or soliciting legal cause of another without being enrolled…

This is the provision South Carolina uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Virginia?

Answered for: Virginia

Penalty for practicing without authority

This is the provision Virginia uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in Washington?

Answered for: Washington

Unlawful practice a crime

This is the provision Washington uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-19.

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Can I represent myself in court in West Virginia?

Answered for: West Virginia

in such manner as to convey the impression that he or she is a legal practitioner of law

This is the provision West Virginia uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Wisconsin?

Answered for: Wisconsin

757.30 Penalty for practicing without license

This is the provision Wisconsin uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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Can I represent myself in court in Wyoming?

Answered for: Wyoming

for any person not a member of the Wyoming state bar to hold himself out or advertise by whatsoever means as an attorney or counselor-at-law

This is the provision Wyoming uses to say who may and may not practise law there. The words above are the statute as read at the official source on 2026-08-20.

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In Arizona, what does the law say about security deposit, return deadline?

Answered for: Arizona

Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any.

This is Arizona law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In California, what does the law say about security deposit, amount cap?

Answered for: California

Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.

This is California law on security deposit, amount cap, in the words of the statute itself, read at the official source on 2026-08-21.

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In California, what does the law say about security deposit, return deadline?

Answered for: California

No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1

This is California law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Colorado, what does the law say about security deposit, return deadline?

Answered for: Colorado

A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days.

This is Colorado law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Connecticut, what does the law say about security deposit, return deadline?

Answered for: Connecticut

Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant's forwarding address, whichever is later, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest

This is Connecticut law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Connecticut, what does the law say about security deposit, amount cap (tenant 62 or older)?

Answered for: Connecticut

In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month's rent

This is Connecticut law on security deposit, amount cap (tenant 62 or older), in the words of the statute itself, read at the official source on 2026-08-21.

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In Florida, what does the law say about security deposit, return deadline (no claim)?

Answered for: Florida

Upon the vacating of the premises for termination of the rental agreement, if the landlord does not intend to impose a claim on the security deposit, the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement.

This is Florida law on security deposit, return deadline (no claim), in the words of the statute itself, read at the official source on 2026-08-21.

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In Florida, what does the law say about security deposit, notice deadline (landlord claims)?

Answered for: Florida

If the landlord intends to impose a claim on the deposit, the landlord must, within 30 days after the termination of the rental agreement, provide the tenant written notice by certified mail to the tenant’s last known mailing address or by e-mail in accordance with s. 83.505 of his or her intention to impose a claim on the deposit and the reason for imposing the claim.

This is Florida law on security deposit, notice deadline (landlord claims), in the words of the statute itself, read at the official source on 2026-08-21.

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In Florida, what does the law say about nonpayment of rent, notice before filing?

Answered for: Florida

If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.

This is Florida law on nonpayment of rent, notice before filing, in the words of the statute itself, read at the official source on 2026-08-21.

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In Florida, what does the law say about self-help, utility shutoff prohibited?

Answered for: Florida

A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration

This is Florida law on self-help, utility shutoff prohibited, in the words of the statute itself, read at the official source on 2026-08-21.

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In Iowa, what does the law say about security deposit, return deadline?

Answered for: Iowa

A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof.

This is Iowa law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Illinois, what does the law say about security deposit, itemized statement deadline?

Answered for: Illinois

the lessor has, within 30 days of the date that the lessee vacated the leased premises or within 30 days of the date the lessee's right of possession ends, whichever is later, furnished to the lessee, by personal delivery, by postmarked mail directed to his or her last known address, or by electronic mail to a verified electronic mail address provided by the lessee, an itemized statement of the damage allegedly caused to the leased premises

This is Illinois law on security deposit, itemized statement deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Illinois, what does the law say about security deposit, return deadline?

Answered for: Illinois

If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this Section, the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated the premises

This is Illinois law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Kansas, what does the law say about security deposit, amount cap?

Answered for: Kansas

A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent.

This is Kansas law on security deposit, amount cap, in the words of the statute itself, read at the official source on 2026-08-21.

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In Kansas, what does the law say about security deposit, return deadline?

Answered for: Kansas

the landlord shall return the balance of the security deposit to the tenant within 14 days after the determination of the amount of such expenses, damages or other charges, but in no event to exceed 30 days after termination of the tenancy, delivery of possession and demand by the tenant.

This is Kansas law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Massachusetts, what does the law say about security deposit, return deadline?

Answered for: Massachusetts

The lessor shall, within thirty days after the termination of occupancy under a tenancy-at-will or the end of the tenancy as specified in a valid written lease agreement, return to the tenant the security deposit or any balance thereof

This is Massachusetts law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Maryland, what does the law say about security deposit, return deadline?

Answered for: Maryland

Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is greater, less any damages rightfully withheld.

This is Maryland law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Maryland, what does the law say about security deposit, itemized list deadline?

Answered for: Maryland

Subject to subsection (j) of this section, if any portion of the security deposit is withheld, the landlord shall present by first–class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed

This is Maryland law on security deposit, itemized list deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Maine, what does the law say about security deposit, return deadline (written lease)?

Answered for: Maine

In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and

This is Maine law on security deposit, return deadline (written lease), in the words of the statute itself, read at the official source on 2026-08-21.

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In Maine, what does the law say about security deposit, return deadline (tenancy at will)?

Answered for: Maine

In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later.

This is Maine law on security deposit, return deadline (tenancy at will), in the words of the statute itself, read at the official source on 2026-08-21.

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In Michigan, what does the law say about security deposit, itemized list deadline?

Answered for: Michigan

In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 7

This is Michigan law on security deposit, itemized list deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Minnesota, what does the law say about security deposit, return deadline?

Answered for: Minnesota

Every landlord shall: (1) within three weeks after termination of the tenancy … and after receipt of the tenant's mailing address or delivery instructions, return the deposit to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof.

This is Minnesota law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Missouri, what does the law say about security deposit, return deadline?

Answered for: Missouri

Within thirty days after the date of termination of the tenancy, the landlord shall: (1) Return the full amount of the security deposit; or

This is Missouri law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Montana, what does the law say about security deposit, return deadline?

Answered for: Montana

Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges

This is Montana law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Nebraska, what does the law say about security deposit, amount cap?

Answered for: Nebraska

A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate

This is Nebraska law on security deposit, amount cap, in the words of the statute itself, read at the official source on 2026-08-21.

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In Nebraska, what does the law say about security deposit, return deadline?

Answered for: Nebraska

The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy.

This is Nebraska law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In New Hampshire, what does the law say about security deposit, return deadline?

Answered for: New Hampshire

Except as provided in RSA 540-A:6, IV(c), a landlord shall return a security deposit to a tenant and pay the interest due, if any, within 30 days from the termination of the tenancy.

This is New Hampshire law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Oregon, what does the law say about security deposit, accounting deadline?

Answered for: Oregon

In order to claim all or part of any prepaid rent or security deposit, within 31 days after the tenancy terminates and the tenant delivers possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim.

This is Oregon law on security deposit, accounting deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Oregon, what does the law say about self-help eviction, unlawful ouster?

Answered for: Oregon

If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant

This is Oregon law on self-help eviction, unlawful ouster, in the words of the statute itself, read at the official source on 2026-08-21.

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In South Carolina, what does the law say about security deposit, return deadline?

Answered for: South Carolina

Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant

This is South Carolina law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Virginia, what does the law say about security deposit, amount cap?

Answered for: Virginia

No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent.

This is Virginia law on security deposit, amount cap, in the words of the statute itself, read at the official source on 2026-08-21.

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In Virginia, what does the law say about security deposit, return deadline?

Answered for: Virginia

The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.

This is Virginia law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Vermont, what does the law say about security deposit, return deadline?

Answered for: Vermont

A landlord shall return the security deposit along with a written statement itemizing any deductions to a tenant within 14 days from the date on which the landlord discovers that the tenant vacated or abandoned the dwelling unit or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date.

This is Vermont law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Washington, what does the law say about security deposit, return deadline?

Answered for: Washington

Within 30 days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within 30 days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit

This is Washington law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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In Wisconsin, what does the law say about security deposit, return deadline?

Answered for: Wisconsin

A landlord shall deliver or mail to a tenant the full amount of any security deposit paid by the tenant, less any amounts that may be withheld under subs. (1) and (2), within 21 days after any of the following:

This is Wisconsin law on security deposit, return deadline, in the words of the statute itself, read at the official source on 2026-08-21.

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How much can I sue for in small claims court in Arizona?

Answered for: Arizona

The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed $5,000, exclusive of interest and costs, and in actions in which a party seeks to disaffirm, avoid or rescind a contract, or seeks equitable relief, and the amount at issue does not exceed $5,000.

The statute sets the small claims limit at $5,000, Exclusive of interest and costs. The same $5,000 ceiling applies to actions to disaffirm, avoid or rescind a contract or for equitable relief.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in California?

Answered for: California

In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.

The statute sets the small claims limit at $12,500, $12,500 applies to an action brought by a natural person. The general small claims limit under s 116.220(a)(1) is $6,250, which is what applies to a plaintiff that is not a natural person (e.g. a corporation).. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in California?

Answered for: California

Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action.

This is the provision California uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Florida?

Answered for: Florida

These rules are applicable to all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys' fees.

The statute sets the small claims limit at $8,000, $8,000 is the ceiling for the SMALL CLAIMS RULES track, exclusive of costs, interest and attorneys' fees. It is set by Supreme Court rule, not by statute. The county court's general civil jurisdiction is much higher - see limitOther.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Iowa?

Answered for: Iowa

A civil action for a money judgment where the amount in controversy is six thousand five hundred dollars or less for actions commenced on or after July 1, 2018, exclusive of interest and costs.

The statute sets the small claims limit at $6,500, Exclusive of interest and costs, for actions commenced on or after July 1, 2018 (it was $5,000 before that date). Separate concurrent jurisdiction exists for forcible entry and detainer, replevin, and certain tax/garnishment matters at the same $6,500 figure.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Idaho?

Answered for: Idaho

In every magistrate's division of the district court of this state, the district court may create and organize a "Small Claims Department of the Magistrate's Division," which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed fifteen thousand dollars ($15,000), and in cases for the recovery of personal property where the value of the property does not exceed fifteen thousand dollars ($15,000); provided however, that the small claims department shall not award punitive damages or damages for pain or suffering in any proceeding.

The statute sets the small claims limit at $15,000, Same $15,000 cap applies to recovery of money and to recovery of personal property. The department may NOT award punitive damages or damages for pain or suffering.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Kansas?

Answered for: Kansas

"Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto.

The statute sets the small claims limit at $10,000, Exclusive of interest, costs and K.S.A. 60-2610 damages. Excludes assigned claims, claims owed to someone other than the filer, and subrogation claims.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Kansas?

Answered for: Kansas

The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney prior to judgment. A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person is not an attorney.

This is the provision Kansas uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Massachusetts?

Answered for: Massachusetts

There shall be within the district court department and the Boston municipal court department a simple, informal and inexpensive procedure, hereinafter called the procedure, for the determination, according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel, in which the plaintiff does not claim as debt or damages more than $7,000; provided, however, that a city or town may bring an action under section 35 of chapter 60 for the collection of unpaid taxes on personal property in any amount or any other action which shall not exceed $15,000; and provided further, that said dollar limitation shall not apply to an action for property damage caused by a motor vehicle, and for a review of judgments upon such claims when justice so requires.

The statute sets the small claims limit at $7,000, CONDITIONAL. The $7,000 cap does NOT apply to an action for property damage caused by a motor vehicle (no limit stated). A city or town may sue for unpaid personal property taxes in any amount, or bring any other action up to $15,000.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Maine?

Answered for: Maine

(TEXT EFFECTIVE 1/01/26) Notwithstanding the total amount of a debt or contract, a "small claim" means a right of action cognizable by a court if the debt or damage does not exceed $10,000 exclusive of interest and costs. It does not include an action involving the title to real estate.

The statute sets the small claims limit at $10,000, EFFECTIVE-DATE SPLIT, and the section is expressly captioned '(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)'. $6,000 applied under the text effective until 2026-01-01; $10,000 applies under the text effective 2026-01-01. The read date (2026-08-21) is after that changeover, so $10,000 is operative.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Michigan?

Answered for: Michigan

The jurisdiction of the small claims division shall be confined to cases for the recovery of money in which the amount claimed does not exceed the following: (a) Beginning September 1, 2012, $5,000.00. (b) Beginning January 1, 2015, $5,500.00. (c) Beginning January 1, 2018, $6,000.00. (d) Beginning January 1, 2021, $6,500.00 (e) Beginning January 1, 2024, $7,000.00.

The statute sets the small claims limit at $7,000, Statute sets a schedule of step increases; $7,000 is the figure 'Beginning January 1, 2024' and is the last step listed.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Michigan?

Answered for: Michigan

An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not take part in the filing, prosecution, or defense of litigation in the small claims division.

This is the provision Michigan uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Minnesota?

Answered for: Minnesota

Except as provided in subdivisions 4 and 5, the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed: (1) $20,000; or (2) $4,000, if the claim involves a consumer credit transaction.

The statute sets the small claims limit at $20,000, CONDITIONAL: the ceiling drops to $4,000 if the claim involves a 'consumer credit transaction' as defined in subd. 3a(b).. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Missouri?

Answered for: Missouri

When sitting as a small claims court, the judge shall have original jurisdiction of all civil cases, whether tort or contract, where the amount in controversy does not exceed five thousand dollars, exclusive of interest or costs, or as provided in this chapter.

The statute sets the small claims limit at $5,000, Exclusive of interest or costs.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Montana?

Answered for: Montana

The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.

The statute sets the small claims limit at $7,000, Exclusive of costs. Defendant must be servable within the county where the action is commenced. Same cap applies to interpleader under 25-35-508. Source is Montana Code Annotated 2025.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Montana?

Answered for: Montana

A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court. (3) (a) Individuals may represent themselves in a small claims court. (b) A partnership may be represented by a partner or one of its employees. (c) A union may be represented by a union member or union employee. (d) A corporation may be represented by one of its directors, officers, or employees.

This is the provision Montana uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in North Dakota?

Answered for: North Dakota

All judges of the district courts may exercise the jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction must be known and referred to as the "small claims court". The jurisdiction of this court is confined to cases for recovery of money, a tenant's claim for civil damages under subsection 9 of section 47-10-28, or the cancellation of any agreement involving material fraud, deception, misrepresentation, or false promise, when the value of the agreement or the amount claimed by the plaintiff or the defendant does not exceed fifteen thousand dollars.

The statute sets the small claims limit at $15,000, Cap applies to the amount claimed by EITHER the plaintiff or the defendant. Covers recovery of money, a tenant's claim under N.D.C.C. § 47-10-28(9), or cancellation of an agreement involving material fraud, deception, misrepresentation or false promise.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Nebraska?

Answered for: Nebraska

The jurisdictional amount is six thousand dollars from July 1, 2024, through June 30, 2025. The jurisdictional amount is seven thousand five hundred dollars beginning July 1, 2025.

The statute sets the small claims limit at $7,500, DATE-STEPPED. $6,000 from 2024-07-01 through 2025-06-30; $7,500 beginning 2025-07-01, which is operative on the read date.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Nebraska?

Answered for: Nebraska

No party shall be represented by an attorney in the Small Claims Court except as provided in sections 25-2804 and 25-2805. An individual shall represent himself or herself in the Small Claims Court. A partnership shall be represented by a partner or one of its employees. A limited liability company shall be represented by a member, a manager, or one of its employees. A union shall be represented by a union member or union employee. A corporation shall be represented by one of its employees. An association shall be represented by one of its members or by an employee of the association.

This is the provision Nebraska uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in New York?

Answered for: New York

The term "small claim" or "small claims" as used in this act shall mean and include any cause of action for money only not in excess of ten thousand dollars exclusive of interest and costs, or any action commenced by a party aggrieved by an arbitration award rendered pursuant to part 137 of the rules of the chief administrator of the courts (22 NYCRR Part 137) in which the amount in dispute does not exceed ten thousand dollars, provided that the defendant either resides, or has an office for the transaction of business or a regular employment within the city of New York, or where claimant is a tenant or lessee of real property owned by the defendant and the claim relates to such tenancy or lease, and such real property is situated within the city of New York.

The statute sets the small claims limit at $10,000, NEW YORK CITY CIVIL COURT ONLY. New York does not have one statewide figure - see limitByCourt for all three.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Oregon?

Answered for: Oregon

Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.

The statute sets the small claims limit at $10,000, TWO THRESHOLDS. A claim of $750 or less MUST be brought in the small claims department (mandatory). A claim up to $10,000 MAY be brought there (permissive). Source is the 2025 Edition of the ORS.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Oregon?

Answered for: Oregon

No attorney at law or person other than the plaintiff and defendant and their witnesses shall appear on behalf of any party in litigation in the small claims department without the consent of the judge of the court.

This is the provision Oregon uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Rhode Island?

Answered for: Rhode Island

In all ex contractu civil actions and in any action to recover the amount of any tax for money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, and in all actions or suits to recover damages resulting from a retail sale of tangible personal property to a member of the general public or from services rendered to a member of the general public in which the plaintiff seeks to recover an amount of money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, and in all actions or suits based upon a negotiable instrument involving an amount of money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs, the procedure shall, at the plaintiff's election, shown by his or her waiver of appeal, be as provided by this chapter.

The statute sets the small claims limit at $5,000, Applies to ex contractu actions, tax recovery, retail-sale/services damages claims, and negotiable-instrument actions, each capped at $5,000 exclusive of interest and costs. Procedure applies AT THE PLAINTIFF'S ELECTION, shown by waiver of appeal.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in South Carolina?

Answered for: South Carolina

Magistrates have concurrent civil jurisdiction in the following cases: (1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars; (2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred dollars;

The statute sets the small claims limit at $7,500, The $7,500 ceiling recurs across each head of concurrent civil jurisdiction in § 22-3-10 (contract, personal/property injury, penalties, attachment, bonds, confessed judgment, fraud in sale of personalty, recovery of personal property). Source is the Code of Laws Unannotated on the state legislature's site.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Texas?

Answered for: Texas

civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $20,000, exclusive of interest;

The statute sets the small claims limit at $20,000, Applies to civil matters in which exclusive jurisdiction is not in the district or county court. Amount is exclusive of interest.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Texas?

Answered for: Texas

A corporation need not be represented by an attorney in justice court.

This is the provision Texas uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Utah?

Answered for: Utah

A small claims action is a civil action: (a) for the recovery of money when: (i) the amount claimed does not exceed: (A) on or after May 4, 2022, through December 31, 2024, $15,000 including attorney fees but exclusive of court costs and interest; (B) on or after January 1, 2025, through December 31, 2029, $20,000 including attorney fees but exclusive of court costs and interest; and (C) on or after January 1, 2030, $25,000 including attorney fees but exclusive of court costs and interest;

The statute sets the small claims limit at $20,000, DATE-TIERED. $15,000 from 2022-05-04 to 2024-12-31; $20,000 from 2025-01-01 to 2029-12-31 (operative on the read date); $25,000 from 2030-01-01. Amount INCLUDES attorney fees but excludes court costs and interest.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Virginia?

Answered for: Virginia

Notwithstanding any provision of law to the contrary, the small claims court shall have jurisdiction, concurrent with that of the general district court, over the civil action specified in § 16.1-77 (1) when the amount claimed does not exceed $5,000, exclusive of interest.

The statute sets the small claims limit at $5,000, Exclusive of interest. Jurisdiction is concurrent with the general district court, whose own civil limit is higher.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Virginia?

Answered for: Virginia

All parties shall be represented by themselves in actions before the small claims court except as follows: 1. A corporation, partnership, limited liability company, or other legal or commercial entity may be represented by an owner, a general partner, an officer, a member, or an employee of that corporation, partnership, limited liability company, or other legal or commercial entity who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity.

This is the provision Virginia uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Vermont?

Answered for: Vermont

... a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $10,000.00.

The statute sets the small claims limit at $10,000, CONDITIONAL CARVE-OUT: the court has NO jurisdiction over collection of a debt greater than $5,000 arising out of a consumer credit transaction (15 U.S.C. § 1679a) or medical debt (18 V.S.A. § 9481). Claims over $3,500 give the defendant a right to request a special assignment of a judicial officer. Claim-splitting to get under the cap is prohibited.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in Washington?

Answered for: Washington

In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court." The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed: (a) Ten thousand dollars in cases brought by a natural person; or (b) Five thousand dollars in all other cases.

The statute sets the small claims limit at $10,000, DIFFERENT LIMITS BY PARTY TYPE: $10,000 in cases brought by a natural person; $5,000 in all other cases. Statute defines 'natural person' as a human being.. That figure is the one the section states; the words above are the section itself.

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Can the other side bring a lawyer to small claims court in Washington?

Answered for: Washington

No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025.

This is the provision Washington uses on attorneys in small claims. The words above are the section itself.

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How much can I sue for in small claims court in Wisconsin?

Answered for: Wisconsin

Effective date text (d) Other civil actions. Other civil actions where the amount claimed is $10,000 or less, if the actions or proceedings are: 1. For money judgments only except for cognovit judgments which shall be taken pursuant to s. 806.25; or 2. For attachment under ch. 811 and garnishment under subch. I of ch. 812, except that s. 811.09 does not apply to proceedings under this chapter; or 3. To enforce a lien upon personalty.

The statute sets the small claims limit at $10,000, EFFECTIVE-DATE SPLIT. As of the read date (2026-08-21) the operative figure for 'other civil actions' is $10,000. The statute page shows par. (d) as amended effective 2027-01-01 by 2025 Wis. Act 105 to $15,000, with an express note that 'Prior to 1-1-27 it reads' $10,000. Separate lower cap of $5,000 applies to third-party complaints, personal injury claims and tort actions.. That figure is the one the section states; the words above are the section itself.

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How much can I sue for in small claims court in West Virginia?

Answered for: West Virginia

Except as limited herein and in addition to jurisdiction granted elsewhere to magistrate courts, such courts shall have jurisdiction of all civil actions wherein the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than $20,000.

The statute sets the small claims limit at $20,000, This is the magistrate court's GENERAL civil jurisdiction, exclusive of interest and cost. West Virginia routes small civil claims through magistrate court; no separate lower 'small claims' cap was read.. That figure is the one the section states; the words above are the section itself.

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How long do I have to sue over written contract in California?

Answered for: California

337. Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a

The statute states 4 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in California?

Answered for: California

339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code

The statute states 2 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in California?

Answered for: California

335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in California?

Answered for: California

338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.

The statute states 3 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over debt collection on an account in California?

Answered for: California

(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account

The statute states 4 years for debt collection on an account. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in New York?

Answered for: New York

§ 213. Actions to be commenced within six years ... 2. an action upon a contractual obligation or liability, express or implied, except as provided in section two hundred thirteen-a or two hundred fourteen-i of this article or article 2 of the uniform commercial code or article 36-B of the general business law;

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in New York?

Answered for: New York

2. an action upon a contractual obligation or liability, express or implied

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in New York?

Answered for: New York

§ 214. Actions to be commenced within three years ... 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;

The statute states 3 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in New York?

Answered for: New York

4. an action to recover damages for an injury to property except as provided in section 214-c;

The statute states 3 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Florida?

Answered for: Florida

(2) WITHIN FIVE YEARS. — ... (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument

The statute states 5 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Florida?

Answered for: Florida

(j) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.

The statute states 4 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Florida?

Answered for: Florida

(5) WITHIN TWO YEARS. — (a) An action founded on negligence.

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Florida?

Answered for: Florida

(f) An action for trespass on real property. (g) An action for taking, detaining, or injuring personal property.

The statute states 4 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over debt collection on an account in Florida?

Answered for: Florida

a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts

The statute states 4 years for debt collection on an account. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Washington?

Answered for: Washington

Actions limited to six years. The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007 (2).

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Washington?

Answered for: Washington

(3) Except as provided in RCW 4.16.040 (2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

The statute states 3 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Washington?

Answered for: Washington

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

The statute states 3 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Washington?

Answered for: Washington

(1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof

The statute states 3 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over debt collection on an account in Washington?

Answered for: Washington

(2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

The statute states 6 years for debt collection on an account. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Virginia?

Answered for: Virginia

2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years

The statute states 5 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Virginia?

Answered for: Virginia

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

The statute states 3 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Virginia?

Answered for: Virginia

every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Virginia?

Answered for: Virginia

B. Every action for injury to property ... shall be brought within five years after the cause of action accrues.

The statute states 5 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Minnesota?

Answered for: Minnesota

Six-year limitation. Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years: (1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Minnesota?

Answered for: Minnesota

(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Minnesota?

Answered for: Minnesota

(3) for a trespass upon real estate; (4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;

The statute states 6 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury (listed torts) in Minnesota?

Answered for: Minnesota

541.07 TWO- OR THREE-YEAR LIMITATIONS. ... the following actions shall be commenced within two years: (1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury

The statute states 2 years for personal injury (listed torts). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Massachusetts?

Answered for: Massachusetts

Section 2. Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied, except actions limited by section one or actions upon judgments or decrees of courts of record of the United States or of this or of any other state of the United States, shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Massachusetts?

Answered for: Massachusetts

founded upon contracts or liabilities, express or implied ... shall, except as otherwise provided, be commenced only within six years next after the cause of action accrues.

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Massachusetts?

Answered for: Massachusetts

Section 2A. Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

The statute states 3 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Massachusetts?

Answered for: Massachusetts

actions of tort ... shall be commenced only within three years next after the cause of action accrues.

The statute states 3 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Arizona?

Answered for: Arizona

A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following: 1. A contract in writing that is executed in this state.

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Arizona?

Answered for: Arizona

There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt where the indebtedness is not evidenced by a contract in writing.

The statute states 3 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Arizona?

Answered for: Arizona

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Arizona?

Answered for: Arizona

3. For trespass for injury done to the estate or the property of another. 4. For taking or carrying away the goods and chattels of another

The statute states 2 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over debt collection on an account in Arizona?

Answered for: Arizona

2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents

The statute states 3 years for debt collection on an account. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written promise to pay money or property in Missouri?

Answered for: Missouri

516.110. What action shall be commenced within ten years. — Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

The statute states 10 years for written promise to pay money or property. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over contract (other than a writing for payment of money) in Missouri?

Answered for: Missouri

516.120. What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110 ... and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

The statute states 5 years for contract (other than a writing for payment of money). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Missouri?

Answered for: Missouri

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

The statute states 5 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Missouri?

Answered for: Missouri

(3) An action for trespass on real estate; (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property

The statute states 5 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Connecticut?

Answered for: Connecticut

Sec. 52-576. Actions for account or on simple or implied contracts. (a) No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues, except as provided in subsection (b) of this section.

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Connecticut?

Answered for: Connecticut

Sec. 52-581. Action on oral contract to be brought within three years. (a) No action founded upon any express contract or agreement which is not reduced to writing, or of which some note or memorandum is not made in writing and signed by the party to be charged therewith or his agent, shall be brought but within three years after the right of action accrues.

The statute states 3 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury (negligence) in Connecticut?

Answered for: Connecticut

No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice ... shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of

The statute states 2 years for personal injury (negligence). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage (negligence) in Connecticut?

Answered for: Connecticut

No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct

The statute states 2 years for property damage (negligence). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over tort (general) in Connecticut?

Answered for: Connecticut

Sec. 52-577. Action founded upon a tort. No action founded upon a tort shall be brought but within three years from the date of the act or omission complained of.

The statute states 3 years for tort (general). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over debt collection on an account in Connecticut?

Answered for: Connecticut

No action for an account, or on any simple or implied contract, or on any contract in writing, shall be brought but within six years after the right of action accrues

The statute states 6 years for debt collection on an account. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Oregon?

Answered for: Oregon

12.080 Action on certain contracts or liabilities. (1) An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided in ORS 72.7250 ... shall be commenced within six years.

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Oregon?

Answered for: Oregon

An action upon a contract or liability, express or implied ... shall be commenced within six years.

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Oregon?

Answered for: Oregon

(3) An action for waste or trespass upon or for interference with or injury to any interest of another in real property ... (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof ... shall be commenced within six years.

The statute states 6 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Oregon?

Answered for: Oregon

(1) An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Michigan?

Answered for: Michigan

(9) The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Michigan?

Answered for: Michigan

The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Michigan?

Answered for: Michigan

(2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

The statute states 3 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Michigan?

Answered for: Michigan

the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

The statute states 3 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Wisconsin?

Answered for: Wisconsin

893.43 Action on contract. ... an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services ... shall be commenced within 6 years after the cause of action accrues or be barred.

The statute states 6 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Wisconsin?

Answered for: Wisconsin

an action upon any contract, obligation, or liability, express or implied ... shall be commenced within 6 years after the cause of action accrues or be barred.

The statute states 6 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Wisconsin?

Answered for: Wisconsin

893.52 Action for damages for injury to property. ... an action, not arising on contract, to recover damages for an injury to real or personal property shall be commenced within 6 years

The statute states 6 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Wisconsin?

Answered for: Wisconsin

893.54 Injury to the person. ... the following actions shall be commenced within 3 years or be barred: ... (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.

The statute states 3 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Colorado?

Answered for: Colorado

13-80-101. General limitation of actions - three years. (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

The statute states 3 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Colorado?

Answered for: Colorado

All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

The statute states 3 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over liquidated debt / instrument evidencing debt in Colorado?

Answered for: Colorado

13-80-103.5. General limitation of actions - six years. (1) The following actions shall be commenced within six years after the cause of action accrues and not thereafter: (a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt

The statute states 6 years for liquidated debt / instrument evidencing debt. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury (tort) in Colorado?

Answered for: Colorado

13-80-102. General limitation of actions - two years. (1) The following civil actions ... must be commenced within two years after the cause of action accrues, and not thereafter: (a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101 (1)(n);

The statute states 2 years for personal injury (tort). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over motor vehicle bodily injury or property damage in Colorado?

Answered for: Colorado

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1).

The statute states 3 years for motor vehicle bodily injury or property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage (non-motor-vehicle) in Colorado?

Answered for: Colorado

Tort actions, including but not limited to actions for negligence, trespass

The statute states 2 years for property damage (non-motor-vehicle). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Illinois?

Answered for: Illinois

Sec. 13-206. Ten year limitation. Except as provided in Section 2-725 of the "Uniform Commercial Code", actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accrued

The statute states 10 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Illinois?

Answered for: Illinois

Sec. 13-205. Five year limitation. ... actions on unwritten contracts, expressed or implied, or on awards of arbitration, or to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.

The statute states 5 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Illinois?

Answered for: Illinois

to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof ... shall be commenced within 5 years next after the cause of action accrued.

The statute states 5 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Illinois?

Answered for: Illinois

Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation ... shall be commenced within 2 years next after the cause of action accrued

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over wage claim in Illinois?

Answered for: Illinois

actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accrued

The statute states 10 years for wage claim. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over civil action (general, incl. contract and tort) in Maryland?

Answered for: Maryland

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

Md. Code Ann., Cts. & Jud. Proc. § 5-101, official source, read 2026-08-21

The statute states 3 years for civil action (general, incl. contract and tort). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over specialty (instrument under seal, promissory note under seal) in Maryland?

Answered for: Maryland

(a) An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner: (1) Promissory note or other instrument under seal; (2) Bond except a public officer's bond; (3) Judgment; (4) Recognizance; (5) Contract under seal; or (6) Any other specialty.

Md. Code Ann., Cts. & Jud. Proc. § 5-102(a), official source, read 2026-08-21

The statute states 12 years for specialty (instrument under seal, promissory note under seal). When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over written contract in Pennsylvania?

Answered for: Pennsylvania

(a) General rule.-- Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: ... (8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.

The statute states 4 years for written contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over oral contract in Pennsylvania?

Answered for: Pennsylvania

(3) An action upon an express contract not founded upon an instrument in writing.

The statute states 4 years for oral contract. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over personal injury in Pennsylvania?

Answered for: Pennsylvania

§ 5524. Two year limitation. The following actions and proceedings must be commenced within two years: ... (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

The statute states 2 years for personal injury. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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How long do I have to sue over property damage in Pennsylvania?

Answered for: Pennsylvania

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property.

The statute states 2 years for property damage. When that clock starts, and whether it can be paused, are separate questions this entry does not answer.

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What did the court decide in Faretta v. California?

Answered for: US

The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense.

The Court held that a defendant in a state criminal trial has a Sixth Amendment right to refuse counsel and conduct his own defense when he voluntarily and intelligently elects to do so. The sentence above is the court in its own words.

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What did the court decide in Martinez v. Court of Appeal of California, Fourth Appellate District?

Answered for: US

we conclude that neither the holding nor the reasoning in Faretta requires California to recognize a constitutional right to self-representation on direct appeal from a criminal conviction

The Court held that the Faretta right to self-representation does not extend to direct appeals, while noting states may recognize such a right on their own. The sentence above is the court in its own words.

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What did the court decide in McKaskle v. Wiggins?

Answered for: US

Thus, Faretta rights are adequately vindicated in proceedings outside the presence of the jury if the pro se defendant is allowed to address the court freely on his own behalf and if disagreements between counsel and the pro se defendant are resolved in the defendant's favor whenever the matter is one that would normally be left to the discretion of counsel.

The Court addressed how far standby counsel may participate without infringing a self-represented defendant's Faretta rights. The sentence above is the court in its own words.

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What did the court decide in Godinez v. Moran?

Answered for: US

the competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, not the competence to represent himself

The Court held that the competency standard for waiving counsel is the same as the standard for standing trial, and is not a measure of legal skill. The sentence above is the court in its own words.

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What did the court decide in Indiana v. Edwards?

Answered for: US

the Constitution permits States to insist upon representation by counsel for those competent enough to stand trial under Dusky but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves

The Court held that a state may require counsel for a defendant competent to stand trial but not competent to conduct the trial personally. The sentence above is the court in its own words.

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What did the court decide in Haines v. Kerner?

Answered for: US

We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'

A per curiam decision holding that a complaint drafted by a self-represented litigant is measured against less demanding pleading standards than one drafted by a lawyer. The sentence above is the court in its own words.

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What did the court decide in Erickson v. Pardus?

Answered for: US

A document filed pro se is “to be liberally construed,” Estelle, 429 U. S., at 106, and “a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers,” ibid.

Decided weeks after Twombly, this per curiam opinion restated that the liberal-construction rule for self-represented filings remained in force. The sentence above is the court in its own words.

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What did the court decide in Hughes v. Rowe?

Answered for: US

It is settled law that the allegations of such a complaint, "however inartfully pleaded" are held "to less stringent standards than formal pleadings drafted by lawyers. . .."

A per curiam decision applying the liberal-construction rule to a prisoner's unrepresented complaint and reversing its dismissal. The sentence above is the court in its own words.

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What did the court decide in Gideon v. Wainwright?

Answered for: US

Not only these precedents but also reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.

The Court held that the Sixth Amendment right to appointed counsel in criminal cases applies to the states through the Fourteenth Amendment. The sentence above is the court in its own words.

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What did the court decide in Lassiter v. Department of Social Services of Durham County?

Answered for: US

we thus draw from them the presumption that an indigent litigant has a right to appointed counsel only when, if he loses, he may be deprived of his physical liberty

The Court held there is no automatic right to appointed counsel in parental-rights termination proceedings, leaving the question to case-by-case determination. The sentence above is the court in its own words.

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What did the court decide in Turner v. Rogers?

Answered for: US

the Due Process Clause does not automatically require the provision of counsel at civil contempt proceedings to an indigent individual who is subject to a child support order

The Court held that counsel is not automatically required in civil contempt proceedings for unpaid child support, but that substitute procedural safeguards are required. The sentence above is the court in its own words.

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What did the court decide in Houston v. Lack?

Answered for: US

We thus conclude that the Court of Appeals had jurisdiction over petitioner's appeal because the notice of appeal was filed at the time petitioner delivered it to the prison authorities for forwarding to the court clerk.

Source of the prison mailbox rule: an incarcerated self-represented litigant's notice of appeal counts as filed when handed to prison officials. The sentence above is the court in its own words.

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What did the court decide in Bounds v. Smith?

Answered for: US

the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers

The Court held that prison authorities must provide law libraries or legal assistance adequate for prisoners to file legal papers. The sentence above is the court in its own words.

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What did the court decide in Lewis v. Casey?

Answered for: US

Bounds did not create an abstract, freestanding right to a law library or legal assistance

The Court narrowed Bounds, requiring a prisoner to show actual injury to a nonfrivolous legal claim rather than a library deficiency alone. The sentence above is the court in its own words.

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What did the court decide in Neitzke v. Williams?

Answered for: US

We therefore hold that a complaint filed in forma pauperis is not automatically frivolous within the meaning of § 1915(d) because it fails to state a claim.

The Court distinguished the in forma pauperis frivolousness standard from the Rule 12(b)(6) failure-to-state-a-claim standard. The sentence above is the court in its own words.

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What did the court decide in Denton v. Hernandez?

Answered for: US

As we stated in Neitzke, a court may dismiss a claim as factually frivolous only if the facts alleged are "clearly baseless,"

The Court set the limits on dismissing an in forma pauperis complaint as factually frivolous. The sentence above is the court in its own words.

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What did the court decide in Boddie v. Connecticut?

Answered for: US

we hold only that a State may not, consistent with the obligations imposed on it by the Due Process Clause of the Fourteenth Amendment , pre-empt the right to dissolve this legal relationship without affording all citizens access to the means it has prescribed for doing so

The Court held that a state could not condition access to divorce on court fees an indigent person cannot pay. The sentence above is the court in its own words.

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What did the court decide in M.L.B. v. S.L.J.?

Answered for: US

we hold that Mississippi may not withhold from M. L. B. ''a 'record of sufficient completeness' to permit proper [appellate] consideration of [her] claims.''

The Court held that a state may not condition appeal of a parental-rights termination on advance payment of record preparation fees the parent cannot afford. The sentence above is the court in its own words.

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What did the court decide in Spokeo, Inc. v. Robins?

Answered for: US

Article III standing requires a concrete injury even in the context of a statutory violation

The Court held that a bare procedural violation of a statute, without concrete harm, does not by itself establish standing to sue in federal court. The sentence above is the court in its own words.

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What did the court decide in TransUnion LLC v. Ramirez?

Answered for: US

To have Article III standing to sue in federal court, plaintiffs must demonstrate, among other things, that they suffered a concrete harm. No concrete harm, no standing.

The Court held that class members whose inaccurate credit files were never disclosed to third parties had not suffered concrete harm and lacked standing. The sentence above is the court in its own words.

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What did the court decide in Conley v. Gibson?

Answered for: US

a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

The origin of the 'no set of facts' pleading formulation; the Supreme Court retired that phrase fifty years later in Bell Atlantic Corp. v. Twombly. The sentence above is the court in its own words.

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What did the court decide in Bell Atlantic Corp. v. Twombly?

Answered for: US

Factual allegations must be enough to raise a right to relief above the speculative level

The Court replaced Conley's 'no set of facts' language with a plausibility requirement for federal complaints. The sentence above is the court in its own words.

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What did the court decide in Ashcroft v. Iqbal?

Answered for: US

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.”

The Court extended Twombly's plausibility standard to all federal civil cases. The sentence above is the court in its own words.

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What did the court decide in Estelle v. Gamble?

Answered for: US

We therefore conclude that deliberate indifference to serious medical needs of prisoners constitutes the "unnecessary and wanton infliction of pain,"

The Court set the deliberate-indifference standard for prisoner medical claims and separately restated that a pro se complaint is to be liberally construed. The sentence above is the court in its own words.

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What did the court decide in Goldberg v. Kelly?

Answered for: US

we agree with the District Court that when welfare is discontinued, only a pre-termination evidentiary hearing provides the recipient with procedural due process

The Court held that welfare benefits may not be terminated without an evidentiary hearing beforehand. The sentence above is the court in its own words.

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What did the court decide in Mathews v. Eldridge?

Answered for: US

identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards

Source of the three-factor balancing test courts use to decide what process is due before a government deprivation. The sentence above is the court in its own words.

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What did the court decide in Mullane v. Central Hanover Bank & Trust Co.?

Answered for: US

An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.

The Court set the constitutional standard for adequate notice of a legal proceeding. The sentence above is the court in its own words.

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What did the court decide in Greene v. Lindsey?

Answered for: US

But whatever the efficacy of posting in many cases, it is clear that, in the circumstances of this case, merely posting notice on an apartment door does not satisfy minimum standards of due process.

The Court held that posting an eviction notice on an apartment door, where notices were often removed before tenants saw them, did not satisfy due process. The sentence above is the court in its own words.

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What did the court decide in Lindsey v. Normet?

Answered for: US

We are unable to perceive in that document any constitutional guarantee of access to dwellings of a particular quality, or any recognition of the right of a tenant to occupy the real property of his landlord beyond the term of his lease without the payment of rent

The Court held there is no federal constitutional right to housing of a particular quality, while striking down a double-bond requirement for appealing an eviction. The sentence above is the court in its own words.

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What did the court decide in Javins v. First National Realty Corp.?

Answered for: DC-Cir

We now reverse and hold that a warranty of habitability, measured by the standards set out in the Housing Regulations for the District of Columbia, is implied by operation of law into leases of urban dwelling units covered by those Regulations and that breach of this warranty gives rise to the usual remedies for breach of contract.

The decision that established an implied warranty of habitability in urban residential leases and made the tenant's rent obligation dependent on the landlord's performance. The sentence above is the court in its own words.

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What did the court decide in Edwards v. Habib?

Answered for: DC-Cir

We hold that the promulgation of the housing code by the District of Columbia Commissioners at the direction of Congress impliedly effected just such a change in the relative rights of landlords and tenants and that proof of a retaliatory motive does constitute a defense to an action of eviction.

The decision recognizing retaliatory eviction as a defense where a tenant is evicted for reporting housing code violations. The sentence above is the court in its own words.

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What did the court decide in Robinson v. Diamond Housing Corp.?

Answered for: DC-Cir

Thus we hold that the landlord's right to discontinue rental of all his units in no way justifies a partial closing designed to intimidate the remaining tenants.

The court extended the retaliatory eviction defense to a landlord who claimed to be taking a unit off the market. The sentence above is the court in its own words.

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What did the court decide in Green v. Superior Court?

Answered for: California

we have determined that the Hinson court properly recognized a common law implied warranty of habitability in residential leases in California, and we conclude that the breach of such warranty may be raised as a defense in an unlawful detainer action

California's Supreme Court adopted the implied warranty of habitability and allowed it as a defense in an eviction case. The sentence above is the court in its own words.

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What did the court decide in Marini v. Ireland?

Answered for: New Jersey

In a modern setting, the landlord should, in residential letting, be held to an implied covenant against latent defects, which is another manner of saying, habitability and livability fitness.

New Jersey's Supreme Court recognized an implied covenant of habitability and a tenant's ability to repair and deduct the cost from rent. The sentence above is the court in its own words.

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What did the court decide in Pugh v. Holmes?

Answered for: Pennsylvania

we find that the doctrine of caveat emptor has outlived its usefulness and must be abolished, and that, in order to keep in step with the realities of modern day leasing, it is appropriate to adopt an implied warranty of habitability in residential leases

Pennsylvania's Supreme Court abolished caveat emptor for residential leases and adopted the implied warranty of habitability. The sentence above is the court in its own words.

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What did the court decide in Hilder v. St. Peter?

Answered for: Vermont

Additionally, we hold that when the landlord is notified of the defect but fails to repair it within a reasonable amount of time, and the tenant subsequently repairs the defect, the tenant may deduct the expense of the repair from future rent.

Vermont's Supreme Court adopted the implied warranty of habitability, allowed repair-and-deduct, and held punitive damages may be available in an appropriate case. The sentence above is the court in its own words.

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What did the court decide in Boston Housing Authority v. Hemingway?

Answered for: Massachusetts

Therefore, we hold that in a rental of any premises for dwelling purposes, under a written or oral lease, for a specified time or at will, there is an implied warranty that the premises are fit for human occupation.

Massachusetts' highest court recognized an implied warranty that rented dwellings are fit for human occupation. The sentence above is the court in its own words.

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What did the court decide in Jack Spring, Inc. v. Little?

Answered for: Illinois

We find the reasoning in Javins persuasive and we hold that included in the contracts, both oral and written, governing the tenancies of the defendants in the multiple unit dwellings occupied by them, is an implied warranty of habitability which is fulfilled by substantial compliance with the pertinent provisions of the Chicago building code.

Illinois' Supreme Court adopted the implied warranty of habitability and allowed its breach to be raised in a forcible entry and detainer action. The sentence above is the court in its own words.

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What did the court decide in Fuentes v. Shevin?

Answered for: US

the Court has traditionally insisted that, whatever its form, opportunity for that hearing must be provided before the deprivation at issue takes effect

The Court struck down replevin statutes that let a seller seize goods from a buyer before any hearing. The sentence above is the court in its own words.

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What did the court decide in Sniadach v. Family Finance Corp. of Bay View?

Answered for: US

Where the taking of one's property is so obvious, it needs no extended argument to conclude that absent notice and a prior hearing (cf. Coe v. Armour Fertilizer Works, 237 U. S. 413, 423) this prejudgment garnishment procedure violates the fundamental principles of due process.

The Court held that garnishing wages before judgment, without notice and a hearing, violates due process. The sentence above is the court in its own words.

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What did the court decide in Connecticut v. Doehr?

Answered for: US

whether a state statute that authorizes prejudgment attachment of real estate without prior notice or hearing, without a showing of extraordinary circumstances, and without a requirement that the person seeking the attachment post a bond, satisfies the Due Process Clause of the Fourteenth Amendment . We hold that, as applied to this case, it does not.

The Court held that attaching a person's home before judgment, with no hearing and no bond, violated due process. The sentence above is the court in its own words.

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What did the court decide in Heintz v. Jenkins?

Answered for: US

The Act does apply to lawyers engaged in litigation.

The Court held that the Fair Debt Collection Practices Act applies to lawyers who regularly collect debts through litigation. The sentence above is the court in its own words.

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What did the court decide in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA?

Answered for: US

We therefore hold that the bona fide error defense in § 1692k(c) does not apply to a violation of the FDCPA resulting from a debt collector's incorrect interpretation of the requirements of that statute.

The Court held that the FDCPA's bona fide error defense does not excuse a debt collector's mistaken reading of the statute's legal requirements. The sentence above is the court in its own words.

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What did the court decide in Midland Funding, LLC v. Johnson?

Answered for: US

we conclude that Midland's filing of a proof of claim that on its face indicates that the limitations period has run does not fall within the scope of any of the five relevant words of the Fair Debt Collection Practices Act

The Court held that filing a proof of claim on a time-barred debt in a Chapter 13 bankruptcy is not a false, deceptive, misleading, unfair, or unconscionable practice under the FDCPA. The sentence above is the court in its own words.

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What did the court decide in Henson v. Santander Consumer USA Inc.?

Answered for: US

All that matters is whether the target of the lawsuit regularly seeks to collect debts for its own account or does so for "another."

The Court held that a company collecting debts it purchased for its own account is not for that reason a 'debt collector' under the FDCPA definition at issue. The sentence above is the court in its own words.

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What did the court decide in Obduskey v. McCarthy & Holthus LLP?

Answered for: US

In our view, the last sentence does (with its §1692f(6) exception) place those whose "principal purpose . . . is the enforcement of security interests" outside the scope of the primary "debt collector" definition, §1692a(6), where the business is engaged in no more than the kind of security-interest enforcement at issue here—nonjudicial foreclosure proceedings.

The Court held that a business doing no more than nonjudicial foreclosure is not a 'debt collector' under most of the FDCPA, except for the limited purpose of section 1692f(6). The sentence above is the court in its own words.

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What did the court decide in Rotkiske v. Klemm?

Answered for: US

We hold that, absent the application of an equitable doctrine, the statute of limitations in § 1692k(d) begins to run on the date on which the alleged FDCPA violation occurs, not the date on which the violation is discovered.

The Court held that the FDCPA's one-year limitations period runs from the date of the violation, not the date the consumer discovers it. The sentence above is the court in its own words.

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What did the court decide in Safeco Insurance Co. of America v. Burr?

Answered for: US

reckless disregard of a requirement of FCRA would qualify as a willful violation within the meaning of § 1681n(a)

The Court held that 'willfully' in the Fair Credit Reporting Act covers reckless violations, not only knowing ones. The sentence above is the court in its own words.

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What did the court decide in AT&T Mobility LLC v. Concepcion?

Answered for: US

Because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," Hines v. Davidowitz, 312 U. S. 52, 67 (1941), California's Discover Bank rule is pre-empted by the FAA.

The Court held that the Federal Arbitration Act preempted a California rule treating most consumer class-arbitration waivers as unconscionable. The sentence above is the court in its own words.

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What did the court decide in Epic Systems Corp. v. Lewis?

Answered for: US

The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written.

The Court held that employment agreements requiring individualized arbitration are enforceable and not displaced by the National Labor Relations Act. The sentence above is the court in its own words.

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What did the court decide in McDonnell Douglas Corp. v. Green?

Answered for: US

The complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case of racial discrimination

Source of the burden-shifting framework used to analyze Title VII discrimination claims that rely on circumstantial evidence. The sentence above is the court in its own words.

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What did the court decide in Meritor Savings Bank, FSB v. Vinson?

Answered for: US

a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment

The Court recognized hostile work environment sexual harassment as a form of sex discrimination actionable under Title VII. The sentence above is the court in its own words.

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What did the court decide in Faragher v. City of Boca Raton?

Answered for: US

An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee

The Court set out when an employer is vicariously liable for a supervisor's harassment and the affirmative defense available in some cases. The sentence above is the court in its own words.

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What did the court decide in Burlington Northern & Santa Fe Railway Co. v. White?

Answered for: US

the antiretaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace

The Court held that Title VII's antiretaliation provision reaches employer actions that would dissuade a reasonable worker from complaining, whether or not workplace-related. The sentence above is the court in its own words.

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What did the court decide in Zipes v. Trans World Airlines, Inc.?

Answered for: US

filing a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling

The Court held that missing the EEOC filing deadline does not automatically deprive a federal court of jurisdiction over a Title VII claim. The sentence above is the court in its own words.

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What did the court decide in Fort Bend County v. Davis?

Answered for: US

Title VII's charge-filing requirement is not of jurisdictional cast.

The Court held that Title VII's requirement to file a charge with the EEOC is a claim-processing rule that an employer can forfeit by raising it too late. The sentence above is the court in its own words.

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What did the court decide in Bostock v. Clayton County?

Answered for: US

it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex

The Court held that firing an employee for being gay or transgender is discrimination because of sex under Title VII. The sentence above is the court in its own words.

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What did the court decide in Muldrow v. City of St. Louis?

Answered for: US

To make out a Title VII discrimination claim, a transferee must show some harm respecting an identifiable term or condition of employment.

The Court held that a Title VII plaintiff challenging a job transfer must show some harm, but need not show the harm was significant. The sentence above is the court in its own words.

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These answers are United States law, state by state. The Québec site answers 339 questions under Québec and Canadian law, different country, different law, and a question answered on one side is usually not answered on the other.

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