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Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Pennsylvania on
Q: Selling my house. Neighbor recently built on my right of way

I did file suit against township. Was told it’s a civil matter. They do no have enforcement

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

You need to file suit against the neighbor. They can't build on your property. You need to survey it, then you can say it's truly on your line.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Texas on
Q: I was awarded a judgement in small claims court, but I have no idea where to start on the collections process.

Both parties live in Texas, I know where she works, and lives, but I have it on good authority she will be moving sometime this year (2022). She doesn't have many (probably any) assets, rents the house she and her family live in (she's engaged, but not legally married, they have 1 kid... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 13, 2022

Most of the small claims courts and local courts have pamphlets which generally discuss ways to collect a judgment and what to file. That said, depending the amount of the judgment, you might best be served to contact a collection attorney and at a minimum seek a consultation on how to proceed and... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: What type of lawyer do I need to hire in a matter of being falsely accused by an individual and targeted by the person.

I've had an individual file report accusing me of things I have not done and know nothing about with the local state and fed. This guy is targeting me because he for she rain thinks I've slept with his girlfriend or whatever she is. I don't know if this girl is feeding him a bunch... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

Generally speaking, a criminal defense attorney would know best how to navigate the criminal justice system and analyze what is happening in order to tell you if any crimes are actually being committed against you.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can my s corp/llc be sued bc a former biz partner owes money from previous business? My business is named in the suit

I started an s corp with 2 other equal partners in Feb 2020. Myself and another partner bought the 3rd partners shares in March of 2021. The partner that was bought out was just sued by a vendor of his that he dealt with in his previous business. The person is alleging that my former business... Read more »

Steven Krieger
Steven Krieger answered on Jan 12, 2022

Possibly. It sounds like the plaintiff is trying to allege some type of tortious business interference and conspiracy with your new business and your former business partner. This scenario where a person closes down a business to avoid debts and then opens a new business does occur. While your... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: breach on contract refund from match making agency NJ Singles
Leonard R. Boyer
Leonard R. Boyer answered on Jan 12, 2022

You are going to need to be a lot more specific in order to get a meaningful answer. An attorney will probably need to review the contract as well.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I loand my nephew 20,000 dollars for him to start a business he blue the money and never payed me back

We went to the bank to deposit my 20000 check I signed a paperwork so I could deposit the check

Joseph Jaap
Joseph Jaap answered on Jan 12, 2022

You would have to sue your nephew for breaching the terms of any written agreement for the loan to him or to the business. If there was no written loan agreement, but it was only an oral understanding, it would be harder to prove. And even if the court issues a judgment for him to repay you, he... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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1 Answer | Asked in Civil Litigation for Nevada on
Q: Can you go after an ex spouse for money you put towards an old house when I received nothing on closing of the house
Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jan 11, 2022

If you were not on the escrow papers, title of the home, you would get nothing. However, you always have a private cause of action as breach of contract but be prepared to face an uphill battle.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Nevada on
Q: Do I have to show identification to an police officer if i wasnt involved in a crime an didnt commit a crime?

I was illegaly detained an imprisoned by hotel security for a crime someone else did an I wasnt around the crime occured had no knowledge of the crime. Just for being an acquintance to the individual.

Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jan 11, 2022

It is your duty to fully cooperate with any lawful demand of the police officer. However, it is his job to determine the probable cause. The probable cause is a legal word which means he has justified reasons that you are invovled or had committed or violated a law. For instance, police cannot stop... Read more »

1 Answer | Asked in Divorce and Civil Litigation for California on
Q: My home in California is in my name only. I bought while married. We live in the home. Can my husband legally take?

He signed a quitclaim deed when I bought.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 7, 2022

Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on... Read more »

2 Answers | Asked in Libel & Slander, Civil Litigation and Sexual Harassment for California on
Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?

My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »

Brad S Kane
Brad S Kane answered on Jan 6, 2022

First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.

Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are...
Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Arkansas on
Q: Does interest "per annum" mean it's everyday?

The plaintiffs attorney is adding 10% interest every single day, causing my debt to double in just a couple years. Is this legal? Can he do that? He says that he legally can do this in AR

Tim Akpinar
Tim Akpinar answered on Jan 4, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. In general usage, the term "per annum" means yearly or annually. But that doesn't reconcile with the 10% daily interest you also mention in the description.

It sounds like you are trying to...
Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I redact charges on my back statement for an information subpoena?

I have a judgement against me since last year. each year the attorney sends an information subpoena for me to fill out. I only receive social security benefits. it says Attach copies of the three most recent bank statements that contain funds from social security. an I redact from my bank... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 3, 2022

You need to retain an experienced Bankruptcy attorney and if you cannot afford your own attorney, then you need to contact New Jersey legal services.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: How can we sue a count jail for medical neglect and for violating inmates rights

Denied medical care after contracting covid due to the jails negligence and unsanitary conditions also bond set so high he can't get out $350,000 judge refuses to lower it and has yet to have been in front of a judge for a formal hearing or arraignment for his charges they held his arraignment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 2, 2022

A person may file a Section 1983 suit concerning lack of medical care by filing the complaint himself or hiring an attorney to do so. Attorneys who file civil rights suits generally do so on a contingency basis but are particular as to which suits they will choose to undertake given the... Read more »

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