Question: Judge Mathis, I had a fire in my building and it’s taken over a year for the contractor to finish repairs. My insurance company paid me rental loss up to a certain point but those payments have stopped. Can the contractor be held responsible for my future rental loss since its taking them so long to complete the job?

The Judge’s Answer: You must check your contract. The contract may detail what liabilities the contractor has if he does not complete the work as listed in the contract. However, if you think the delay is unreasonable, you may have a breach of contract claim and can sue the contractor for reimbursement for all damages you incurred as a result of his not keeping to his part of the agreement.

Essentially your employer failed to pay you as agreed. Therefore, you can sue your employer to recoup the wages they withheld and failed to forward to the child support enforcement agency.

Question: I told a former friend who asked me to move to an apartment closer to him three years ago that I couldn’t afford the apartment and the utility bill expenses. He told me he would take care of the rent so I moved and sponsored him in a 12 step program and accompanied him to various functions for 7 years. After he relapsed he started a relationship with a stripper who told him to not give me the checks for rent! Can I sue him for not issuing the checks for rent and expenses?

The Judge’s Answer: It does not appear that you had a binding contract. It appears that your friend agreed to pay your rent as a gift. A gift is revocable anytime before completion.

Yes. If the seller breached the contract by failing to complete the repairs, you have four years to sue him or her for breach of contract.

Question: I was involved with a young lady on a college campus and she accused me of sexually assaulting her. I was investigated and suspended from campus and missed weeks of schoolwork. She spread rumors that I raped her but her stories to the school and the police were completely different. I took and passed a Polygraph test with the police department and the case was closed without charges being filed against me. But the heartache of being accused as a rapist and the rumors that she created against me has been horrible for me! Do I have a legal case against her?

The Judge’s Answer: Yes. You may have a claim against her for malicious prosecution and defamation of character.

Yes. But it is very difficult to prove. If you kept a good log of whom you talked to, and when, where, and what you showed them, you may be successful. For example, if you had an idea to make a singing pen, and you tell your sister your idea and she actually manufactures the pen before you get a chance to manufacture it, the mere fact that you thought of a product and your sister manufactured it before you did does not make your sister liable to you. However, if you drew up the plans for the design of the pen, showed the designs to your sister and she actually used your design to manufacture your singing pen, she will be liable to you.

Question: Judge Mathis, I was denied a job because of my credit history. If I did not give them permission to check it, isn’t that illegal?

The Judge’s Answer: Yes. Your prospective employer would have had to obtain your permission before obtaining a copy of your credit report. If they did not, you can sue the prospective employer for civil damages.

Unfortunately, you cannot make your ex-wife agree to divorce you or to the divorce settlement terms. If you and your wife cannot agree, the court will set the matter for trial, grant your divorce and decide how to divide your marital assets and debts.

Question: I found out my employer is paying me at a lower wage rate than those hired after me. This is the SECOND time this has occurred with this employer. Do I have any legal recourse in this matter?

The Judge’s Answer: You are entitled to the wages you were contracted for. However, if you think your employer is paying you less for doing the same job as someone else due to your race, gender or religion, you should contact the EEOC (Equal Employment Opportunity Commission), you may have a discrimination claim against your employer.

No. You can only make medical decisions for him if you have medical power of attorney over him, or if a court has appointed you guardian over him.

Question: Hi Judge, my car was rear-ended by a friend and I was nice enough to agree to have her father fix the damages. But there were conflicts between the both of them towards me, so I decided to get it fixed myself and let a judge decide what should be done with her and a possible lawsuit. What do you think?

The Judge’s Answer: You have a right to sue her for the damages she caused. Just submit your paid receipt and estimate during your trial.

In a civil proceeding, you may file a complaint against a person by using the name that you know the defendant as, or by using the words “unknown defendant” and giving a description of the defendant. You must make sure that the sheriff serves the right person with a copy of your complaint. Once you determine the defendant’s real name, you can substitute the correct name for the name you used.

span style=”font-size: 14px; font-weight: bold;”>Question: I pressed charges on someone and have decided that I no longer want to go forth with it. However, I was served with a summons to show up on the person’s court date. What could happen to me if I don’t appear?

The Judge’s Answer: The court can hold you in contempt, order you to appear, or jail you. I would go to the hearing if I were you and inform the prosecutor that you no longer want to proceed with your complaint.

No, you can’t sue the employee, but you may have a claim against the store for fraud. However, you must prove the employee intentionally lied about the color of the suit as opposed to simply mistaking a blue suit for a black suit.

Question: Judge, I took a trip to Las Vegas and ended up married to a woman that I hardly know! We both live in different states, how can I get out of this mess?

The Judge’s Answer: You may qualify for an annulment if you lacked the capacity to enter into the marriage. For example, you may qualify if you were mentally incompetent, under age, or intoxicated at the time of the marriage.

No. Creditors cannot take your pension.

Question: Can you get a divorce if the other party wont sign the divorce papers? And what are the grounds for common law marriage if the other person is married?

The Judge’s Answer: You can divorce if the other person won’t sign the marital settlement agreement. You and your ex can’t agree on the terms for divorce, the court will have a trial, divide the marital property and debt, and ultimately grant the divorce. The grounds for divorce are adultery, cruel treatment, abandonment, felony conviction, living apart for 3 years, mental illness. You may also get a divorce if “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” If one party is married, he or she cannot form a common law marriage with a third party.

Simply file your counter-complaint in the same court where the original complaint was filed and serve the Plaintiff with a copy of it. You will have a chance to present your case against the Plaintiff during the same proceeding.

Question: I got into an altercation with a male manager at work. I was off the clock at the time and was going to get my keys so I could leave. I stopped to talk to another employee and my manager asked me if i was clocked out, I said yes and he told me to leave. I told him I had to get my keys and as I was turning away another male manager stormed in my face and proceeded to block me, bumping his chest against mine and cussing me out telling me to get off his floor! I managed to get around him and as I was walking to the crew room to get my keys, he called the police! The company investigated and they suspended me but not the manager. I was told that I could transfer to another location but I don’t see why I should have to leave?

The Judge’s Answer: Most likely, you were a an at-will employee. As an at-will employee, your employer has the right to terminate you for any reason or no reason at all. If you manager assaulted you, you have a civil claim against him for assault and battery. You may also name your employer as a Defendant.

No, Karen, a small claims judge cannot grant a restraining order. You must file a separate complaint to obtain a restraining order which is done through a different court altogether. If you are suing someone in small claims court because they are harassing you, the judge can only grant you a monetary award.