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Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Probate for North Carolina on
Q: My father passed away in May 2024, leaving me, his only child, disinherited in a will dated May 9, 2024. This was a shoc

My father passed away in May 2024, disinheriting me in a will favoring his half-brother. I believe this was due to undue influence. The court refused my motion for discovery of medical records due to my lack of standing. I’m seeking advice on how to obtain these records and prevent the fast... View More

0 Answers | Asked in Civil Litigation for Washington on
Q: I have a small claims court case in King Co. and mailed defendant evidence to be presented. I have just been made aware

I was to mail ALL evidence to be presented EVEN if defendant has the exact same evidence. Should I push on like everything is ok or consider the case defeat or lose because defendant can say they didn't receive all evidence? I also have witnesses coming for my case and I do not want to waste... View More

1 Answer | Asked in Appeals / Appellate Law, Tax Law, Civil Litigation and Constitutional Law for Illinois on
Q: Do third-party information returns alone, like a 1099-k create a federal and / or State tax filing liability?

Not being a U.S. citizen or resident alien, I have not signed a W2, I-9 or W-9 form or filed a 1040 form as I do not reside in the United States per 26 USC 7701(a)(9) and (a)(10) nor do I reside in the State of California: I have refuted the presumptions and denied the allegations presented by... View More

James L. Arrasmith
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answered on Jul 26, 2024

Based on the information provided, if you are not a U.S. citizen or resident alien and do not reside in the United States, third-party information returns like a 1099-K alone do not automatically create a federal or state tax filing liability. Your status as a non-resident alien under 26 USC... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice and Small Claims for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
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answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a car share company release information about me to another person without my consent in California?

I rented a vehicle from a car share. Returned the vehicle like I always get told. Drop it off at the location, place the keys in the glovebox and the close everything up, I take a photo of the plate number on my phone and leave. Never had an issue but now the company is saying the the owner is... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, car share companies must adhere to strict privacy regulations. They are generally prohibited from sharing your personal information without your explicit consent. This includes details about your rental history, your location, and other identifying information.

If the...
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0 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Illinois on
Q: I live in Illinois and have a 17 year old daughter who hasn't been staying at my home since the end of June,

she comes to my home sticks something in between my door frame to pop my door lock to steal groceries and other things when I'm not home. She has all her stuff here and has been taking a little bit out at a time. She turns 18 in August since shes not living here her stuff is just here do I... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Tax Law for Texas on
Q: Went in contract on 2/7/24 w/ a business that I didn't know that was in tax forfeiture until 5/9/24. Is contract legal?

She (Tassie Grantham) sold the Sasstass & The Pour Horse Mobile Bar Co. LLC after reinstating on 5/9/24. On 5/14/24 there is a certificate of amendment. I paid 12K as my deposit. I am now in the design process stage but the new owner is MIA and the fabrication shop has closed. I believe this is... View More

James L. Arrasmith
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answered on Jul 26, 2024

The contract you entered into on 2/7/24 with the business that was in tax forfeiture at the time may still be legally binding, but it complicates the situation. When a business is in tax forfeiture, it means the company has failed to pay certain taxes, which can impact its legal standing. However,... View More

0 Answers | Asked in Civil Litigation for Oklahoma on
Q: If a debt collector files a case against me, do they have to serve me? What happens if they don't?

Filings show issue summons back to attorney. I didn't even know a case was filed until yesterday from a friend that saw it. It was filed first week of this month.

1 Answer | Asked in Civil Litigation for Texas on
Q: Can property be sued in Texas without suing the owner?

I've been told that my property is being sued for taxes, but that I am not being sued so I don't have a defense (I don't actually owe taxes). It also appears in a related subject that when enforcing a mechanics lien that I can get a judgment against an owner of property or the... View More

John Michael Frick
John Michael Frick
answered on Jul 25, 2024

No property cannot be sued. Only people can be sued. A taxing authority can sue everyone with an interest in real property seeking to foreclose on the real property subject to the unpaid taxes but without seeking a monetary judgment against those people. Those defendants may not personally owe... View More

2 Answers | Asked in Consumer Law, Copyright and Civil Litigation for Florida on
Q: How do I request a dismissed from this action with prejudice from the FL case 1:23-cv-21976 zuru lawsuit?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on your query about requesting dismissal with prejudice from a Florida case, here are the key steps and considerations:

Understand "Dismissal with Prejudice":

This means the case is dismissed permanently and cannot be refiled.

It's a final judgment on...
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0 Answers | Asked in Civil Litigation and Gov & Administrative Law for Illinois on
Q: School district is closing a school building and we would like to try and stop it. We would like to know our options.

would have to be pro Bono if they take the case. 200 students affected

0 Answers | Asked in Civil Litigation for Louisiana on
Q: My ex boyfriend leased a car for me in his name. He texted that I could buy out the lease in Nov.

He paid for the insurance too ( I was a covered driver). I was in an accident and now he wants to take the car back. I have the text with all of the details stating that I could pay to buy the lease in November. I have been driving the car since November of 2021. Is there anything I can do to keep... View More

0 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: In disagreement can a business owner say If you have done anything to hurt our business it will not be good for you?

Full quote below, I put in a deposit with said business owner, two and a half years have passed and the delivery date of services keeps getting pushed back six months or so every six months. I requested either confirmation that the services would be pushed no further or to send a refund back from... View More

0 Answers | Asked in Civil Litigation for Oklahoma on
Q: I need to file a motion to vacate judgement because I got my home sold wrong on a public auction. how do I print them

I need to know how to download the forms to file a motion to vacate judgement

0 Answers | Asked in Civil Litigation for Virginia on
Q: Worth it to appealing a small claims? I'm told if I win, I still have it on my credit. She filed 5 days after 1st reqest

My gdaughter and I fought verbally 5/29. I immediately dealt with it but sent it to her Soc. Svc case worker. I have receipts, registered mail confirmation and everything. the point being that I paid it before she filed so I should be guilty. They argue that I can't prove the money was in the... View More

0 Answers | Asked in Civil Litigation, Consumer Law and Libel & Slander for Maine on
Q: Question about writing an online review for a business on yelp, google, or facebook

I have a problematic situation with a plumber who has run off with my deposits and I also discovered is operating without a license and is essentially operating a scam. I've filed reports with a few agencies, small claims, etc., but I am looking for advice on whether there are any issues with... View More

0 Answers | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: I’m being sued over a balance due after a repossession. How do I countersue on the grounds that the contract was illegal

Credit acceptance and dealer added fees that we were told were required by lender. They are being sued by the consumer financial protection bureau already for this as well as fraud . The contract was usurious and fraudulent. How do I file a counter suit?

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