Lawyers, Answer Questions  & Get Points Log In
Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Do the court provides an Oath taker and Court Reporter that is certified with the courts?
Mark Oakley
Mark Oakley
answered on Jun 28, 2022

In proceedings like trials and merits hearings where testimony is being taken by the litigants or witnesses, all persons testifying are sworn under oath by the clerk seated to the side of the judge prior to testifying. Court reporters have been replaced with electronic recordings using sensitive... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... Read more »

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Kentucky on
Q: If there is no DNA, no audio or video no witnesses to a crime of fleeing and eluding and officers have conflicting

Statements. how can they charge me with the crime. The person whom the police say ran Into woods was described as a black male wearing a gray hoody . I'm white male and i was arrested 2 years later for the charges.

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

Hire the best criminal defense attorney you can and see about getting it dismissed.

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: A girl I saved caused me to lose my job.

I called the police numerous times trying to save a girl’s life but she denied it (falsely), which resulted in my getting put on a 5150 hold by the police. I came out of the mental hospital distracted from work which resulted in my getting let go. Will I be able to successfully sue this girl for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 25, 2022

no lawyer, in my opinion, can evaluate the facts like these, without a consultation.

if you can't find a lawyer, and I assume that is the case, you can always go into small claims court where you can sue for up to $10k without a lawyer.

View More Answers

1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Civil Litigation for California on
Q: How can I find a business litigation attorney on contingency please?

Defendant default on 1.3 million dollars loan, also owe over 1 million dollars in fees and expenses for services received

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 22, 2022

What type of business litigation matter is it?

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What technology do lawyers use to communicate with clients, present evidence to clients, and update them in real time?

We're developing commercial technology to absolutely remove or reduce legal paperwork, real time effortless evidence and detail updates between client/lawyer cases, real-time rapid case communication between lawyer/client. Overall simplifying client/ lawyer interaction and courtroom litigation.

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Nationwide, the tried and trusted methods are phone, email, and regular mail. However, law firms can operate differently from one another in terms of embracing technology. There are offices that still use faxes,... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Missouri on
Q: If a company has billed you incorrectly, is there a time frame where they can no longer try to obtain payment?

Back in 2018, I received financing from a company for a home improvement project. When the project was done, they billed me the remaining balance (which was less than what appears on the original contract). Beginning in June 2022, I have begun receiving phone calls saying I have an open balance.... Read more »

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Jun 21, 2022

The statute of limitations in Missouri for a written contract is 10 years. An oral contract has a 5-year SOL

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.