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Civil Litigation Questions & Answers
1 Answer | Asked in Business Law and Civil Litigation for California on
Q: My auto finance company ACA is charging me $10k of interest while my principal is only $12 k I live in the state of CA
James L. Arrasmith
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answered on Feb 8, 2025

That interest rate seems unusually high compared to your principal amount. In California, the Financing Law (CFL) sets limits on interest rates that lenders can charge. For auto loans, the maximum annual interest rate is typically capped at around 36% for most borrowers.

You have several...
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0 Answers | Asked in Divorce and Civil Litigation for Georgia on
Q: Considering common law in Georgia prior to 1/1/1997, Am I legally married?

I got married in 1996 in another state. My wife applied for the marriage license in that state, but did not use her legal name on the license which still reflects a name that does not match her legal name as on her birth certificate.. In Michigan, someone knowing doing so is considered an act of... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: is it against confidentially procedures for a judge to demand I verbally state my D.O.B. and SS number in open court?

During a small claims, proceedings supplemental hearing, opposing counsel asked for confidential information (social security number, date of birth, address, etc.). I asked the judge if I had to tell him that information. The judge told me I had to answer the attorney's questions and to tell... View More

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were placed in a difficult and uncomfortable situation. While courts sometimes require the disclosure of personal information for legal proceedings, sensitive details like your Social Security number and date of birth should be handled with caution. Many courts have procedures in... View More

2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Can I bypass the arbitration clause in a contract if the company has not finished the job in a reasonable amount of time

We hired Flagship Solar in California to install solar panels on our roof. However, our roof wasn't suitable for the installation, so the solar company contracted Daniels Roofing to replace the roof before proceeding. Since the new roof and solar panels were installed, we’ve experienced... View More

Diana Isyanova
Diana Isyanova
answered on Feb 6, 2025

Sorry to hear about your situation. Whether you can bypass the arbitration clause depends on the specific language of your contract and the circumstances of the dispute. Arbitration clauses are generally enforceable in California, but there are limited exceptions. For example, an arbitration... View More

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0 Answers | Asked in Civil Litigation and Domestic Violence for Arizona on
Q: What are my options for filing a civil lawsuit for emotional and psychological damages from a DV case?

I have 8 diagnosed mental illnesses including severe anxiety disorder social anxiety disorder, PTSD, and panic disorder. I have suffered an acute severe response to my attack and am seeking legal advice for possible options.

1 Answer | Asked in Animal / Dog Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: I am being sued because my dog bit someone else's after getting out and need to know my options

I had a cousin staying with me temporarily while getting back on his feet after moving back to our home state he was very informed about the fact they my dog is reactive and has dog on dog aggression I keep signs posted I keep two out of three of my property gates permanently sealed to have the... View More

Scott Scherr
Scott Scherr
answered on Feb 7, 2025

If you have homeowner's insurance, you should report the claim to your carrier and they should cover the claim. They would hire an attorney to defend you and pay any judgment that is rendered.

If not, your cousin may jointly and severally liable and you could sue him for...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: My ex wouldn't sign the quit claim deed to the house that was ordered to me per divorce order.

Loan officer said he declined to sign or the deed to the land and I've paid off the loan that we got when married and the title and deed are still in my ex's name and he won't sign them and thanks to the wonderful lawyer I had ( not) he never mentioned anything about getting them... View More

Anthony M. Avery
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answered on Feb 6, 2025

If your divorce decree orders the conveyance to you, then file a petition for contempt in the divorce action. If you want the home, then pay the taxes.

1 Answer | Asked in Civil Litigation for Missouri on
Q: I believe my case from 2019 is still in litigation. Nothing has happened since COVID. My lawyer is retired. Help?

In 2019, my husband's disability did not come thru one month due to their error and it caused us to be behind 1 month house payment. We owner financed a home for 11 years and the owner passed suddenly. The grandson came in and after being late less than a month, he made all kinds of false... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 6, 2025

If you care about the case, contact a local attorney to take over the case. Attorneys may not solicit through Justia.

You can view the filings on Casenet. I doubt that your attorney simply retired without filing a motion to withdraw. You need to take some responsibility in being...
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0 Answers | Asked in Civil Litigation, Family Law and Probate for Colorado on
Q: Common law husband being evicted from his home because judge refused proof of common law documents. Can they do that?

Disowned daughter took common law husband to court after mother's death. Documentation filled out by the deceased wife at the hospital, clearly states he is her husband & she only listed 1 daughter as next of kin, who is not the one who brought all of this to probate court. The disowned... View More

0 Answers | Asked in Family Law, Civil Litigation and Uncategorized for Washington on
Q: I have a show cause motion Declaration etc for contempt of court in family law service question

His attorney is saying i need to email his the files and his email is good enough as service that he won't sign my Accept Service form until After I email him the stuff and that i don't need to have anyone served by a human. If he doesn't sign this i need to have ex personally served... View More

0 Answers | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for Florida on
Q: On disability given summons complaint Citibank 13,000 credit card need help or do myself written responses

Hello I got served February 1st and am currently waiting for my first SSDI check I just got approved yesterday and need to know how to go about this and what my defense would be since I know more than likely I owe the money but I don't have the funds to pay them, thank you God bless, Richard

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 5, 2025

The Middle District of Florida has a pro se clinic that helps people file bankruptcy pro se (by yourself). The clinic is open from 2pm - 4pm every Wednesday without an appointment needed. You can also schedule a consultation in person or by telephone using this link:... View More

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1 Answer | Asked in Civil Litigation and Consumer Law for Texas on
Q: Is it a law to have closets in a rental house
John Michael Frick
John Michael Frick
answered on Feb 6, 2025

No. Closets are simply a stylistic design preference of the 20th century. In the past, people used furniture such as wardrobes, chests of drawers, and trunks to store their clothing and other things.

2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: What to do when discovery reveals that OC lied to court in their anti SLAPP motion?

Immediately after I filed my lawsuit against my employer, they filed an anti-SLAPP motion and won it in 2023, resulting in hefty legal fees for me. Recent discovery documents revealed that they lied about many of the claims they made in the anti-SLAPP motion. What can I do about this?

Brad S Kane
Brad S Kane
answered on Feb 5, 2025

If the information directly contradicts Opposing Counsel's representations, then your attorney should file a motion for reconsideration. You need to move quickly as there are often time limits for when newly discovered evidence can be used to move for reconsideration.

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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Litigation for Virginia on
Q: Will I get a ticket (or worse?) for stopping too close to a school bus because I didn't realize it was stopping twice?

Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2025

Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.

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2 Answers | Asked in Banking, Civil Litigation, Civil Rights and Probate for Texas on
Q: Can beneficiaries of an irrevocable trust sue trustees?

My brother and I were conned into MOUs years ago which a civil litigator claimed it was a Financial power of attorney. Our trust instrument designates us as beneficiaries but our parents significant other(non married) has committed tortious inference as well. Misappropriated from the trust. I have... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Yes, the beneficiaries of a trust can sue the trustees. A common cause of action in such cases is breach of fiduciary duty.

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0 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: I have a car and titled it on friends name. She now says I borrowed money and got possession reporting it stolen.

She was also my landlord and change the locks while I was at work leaving my positions in the house is that she also refuses to return. Will selling a warrant in deninue get my car back

0 Answers | Asked in Civil Litigation for Connecticut on
Q: What form do you need to complete to obtain judgment payments from a civil lawsuit?

I am plaintiff in a civil lawsuit. I was informed by the clerk that I need to figure out which form I need to complete to begin to receive my judgment payments. The form I should have been able to use is no longer available for my use because I did not use it when I initially filed my lawsuit.

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