Small Claims

I retired from the University of California (01/01/09) and a lump sum pay off ($71000) was sent to Fidelity Investments to go in my 401k. 01/16/09.I had contacted a Fidelity Retirement Counselor in November, 2008, and told her I did not want my new money to go in the any of the default mutual funds that the account had which I had chosen as investments months before.I made clear my desire that the new money was to go in a treasury money market to protect it against market fluctuation.A form was sent to me which I did not send back in until early January, 09.Fidelity maintains that The form had irregularities in the information and before anyone could contact me, the distribution was sent from the University to my default mutual funds that were still open. Finding this out, I transfered the new money to a treasury money market to save it from mutual fund losses.My losses are about $5000 from the phone transfer I made to save the new money.Yes, I should have sent the form in earlier, but I also believe that Fidelity should have contacted me when irregularities were found. I do not have the time line of this now. I requested a mailed copy of the form that was sent be mailed to me. Can I sue in Small Claims court or should I use a lawyer?

I was a defendant in a small claims case, where the motion had no merrit, therefore the case was dismissed with prejudice. The plaintiff has appealed the decision. My question is: does this mean he is appealing the decision of the Magisgtrate based on facts already submitted, or is he going to be able to bring in any new evidence?

What in the difference between a defendant's no answer and denied answer on small claims paperwork?

I have a 14yr old child who was caught at a Macy's dept. store ,along with several other kids, shoplifting. Now my child didnt actually steal anything, the only thing she was caught doing was removing the tag off of a bracelet. My child was not found with any merchandise on her, but the other girls that were with her had stolen several items. My child did recieve a ticket from an officer there at the store and we went to Teen court and now all of the charges have been dropped. A week later , I get a letter from the dept. store stating that we owe them $275.00 in settlement of a civil claim,resulting from a theft . Now my child's ticket was for a theft under $50.00 ,how is it they figure we owe $275.00 on a charge under $50 , and on top of that ,my child was not found with any stolen merchandise on her? The store did lose any of the merchandise so why are they collecting on merchandise that they have in their possesion? Also, $275.00 does not equal to under $50.00.

In small claims court what is a Dismissal with Prejudice on a bench trial. Where I am the defendant and the plantif did not show?