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Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Civil Litigation for Texas on
Q: Can a judgement be reviewed after I have paid it off?

I was involved in a class action case where default judgements got entered against a large sum of people (about 9000). The judgement entered against me was for alleged payments which equaled to about 23K. I never received the chance to dispute my case. On November of 2022 I received a subpoena... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

A “class” action means that there are a large number of plaintiffs, not defendants.

If you were named as a defendant, you were entitled to be served with notice of the lawsuit. If you were not served, you should contact an attorney to review your options.

What options you have...
Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for South Carolina on
Q: My fiances ex keeps calling dss on us and now calling on the daycare where I work? She is doing this trying to get cust

She wants custody of the kids who my fiance has primary custody

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: my x used to venmo me money to pay our bills now she is saying I owe her a lot more, I've been paying for what i used

will this stand up in court? i am paying her back for my bills but she is saying she venmo me 9000 dollars and i only used 3k which i am paying back because she helped me during the pandemic

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Whether you owe her in a "moral" sense, versus a "legal" sense in that the funds were a provable, enforceable loan obligation, depends on a review of the situation by an experienced New York contract litigation attorney. Feel free to contact an attorney of your choice to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Elder Law for Florida on
Q: If a sonis trying to take all the money from his mother, who was recently widowed, and the son and her were buying a hom

The house was only titled in his name without authorization. Is there any repercussions that the mother has to get her money back

Charles M.  Baron
Charles M. Baron
answered on Jan 29, 2023

Mother needs to consult a lawyer who handles real estate litigation in her area to see if she has grounds for legal action, such as a lawsuit to quiet title.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Civil Litigation on
Q: Is it okay for a self-represented plaintiff to reach out and suggest negotiation with the lawyer of the defendant?

The lawyer had just sent me their Defence document and asked to direct future correspondence to them.

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Yes, a self-represented plaintiff may contact a defendant’s attorney to suggest negotiations.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: personal injury complaint filed against city jail, trial set but lawyer quits- does statute of limitations date change?

Complaint for personal injury filed in Wa State King County Superior Court, (previously filed in federal court on civil right violations) before Covid in 2019, no progress for 2 years. Depositions began in 2022 and trial date set, then lawyer withdraws only months before trial. Does the original... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2023

The statute of limitations doesn't change, but you should ask the defense counsel to agree to a change in the trial date. Defense attorneys are usually happy to delay proceedings. If not, the Court is usually pretty understanding. Just make sure you haven't passed the deadline for... Read more »

1 Answer | Asked in Civil Litigation for Texas on
Q: Why I’m being sued for negligence when the trailer I was pulling had an unforeseeable issue?

I’m contracted to a company that provides me with a trailer every time I’m assigned a load. I do a pre trip and post trip inspection every time and record any issues. The injured party is suing me for negligence even though the trailer in question did not presented any visible issues in my pre... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Probably because they believe facts which aren’t so. Like whether a reasonably prudent pre-trip inspection would have disclosed the defect. Or like whether you are the individual responsible for maintaining the trailer.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Texas on
Q: I am planning on purchasing assets of a spa that is being sued for a massage therapist not having a valid license.

The MT was accused of inappropriately touching a customer. The MT, the LLC, and owner are all being sued due to the accusations and not having a valid license while working (it had expired but he put in the paperwork for a new license prior to this happening, it just wasn’t approved yet.) Can me,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

If your asset purchase is handled properly, you as the buyer will have no liability from the lawsuit as described.

Obviously, anyone purchasing a business will have an attorney knowledgeable about such transactions preparing and reviewing the paperwork associated with the purchase....
Read more »

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I need help to figure out why a sheriff was at my dad's trying to serve me. Court papers
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Call the sheriffs office and make arrangement to pick them up and find out.

1 Answer | Asked in Civil Litigation and Criminal Law for Oregon on
Q: Can a business in oregon, allocate theft on you and force you to leave. Then ban you from all of there stores. Innocent.

Entered, began shopping. After a short time, the manager comes up and says she has me on camera with a sound bar shoved down my pants.

Then says so I'm going to have to ask you to leave.

Confused, I say, I don't think so; can I see the video. She showed. The video depicts... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

An Oregon criminal defense attorney could analyze this best, but your question remains open for three weeks. Until you're able to consult with a local attorney, it may be best to stay away from that store. They could create bigger headaches for you than the loss of store points. Good luck

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: if I file a complaint with the court but have yet to file it with the defendants, can I change it? Not facts just reduce

Representing myself, judge extended my timeframe to submit summos and complaint, so it should be okay to change, right? live in CA

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You are entitled to file an amended complaint once as a matter of right without seeking leave of court to do so, as long as it is before the defendant has answered or filed a demurrer. Refer to CCP 472.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Traffic Tickets and Civil Litigation for Tennessee on
Q: what would be considered a premise that is "frequented by the public at large"

pertaining to part 1 accidents 55-10-102

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

Generally places that are open to the public fit in this category. Shopping centers, apartment complexes, office parking lots that also allow access to the public. Places that would not fit might be a fenced area with a gate that required a pass card or check in with a guard. The answer to your... Read more »

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