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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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0 Answers | Asked in Criminal Law, Civil Litigation, Communications Law and Libel & Slander for Idaho on
Q: If a person alleges that I threatened them, but still continued to bully me afterward, can I argue they weren't in fear?

The alleged threats were allegedly sent over a text, not sent directly to the bully, since I've never had their number. (I don't even know what texts they are accusing me of.) They are accusing me of threatening them with violence. (Both minors, in Idaho. Their case is also retaliatory in... View More

0 Answers | Asked in Consumer Law, Employment Law, Civil Litigation and Identity Theft for South Dakota on
Q: I let someone use my cash app to accept money from ppl, now we no longer associate, do I legally have to send it back?

I let a former employer use my cash app account to receive payments from customers. But then he tried to lock me out of the account, so I closed it. There is a substantial amount of money in the closed account. Am I legally obligated to send that money back to my former employer? We don’t have... View More

0 Answers | Asked in Civil Litigation for Alabama on
Q: Can my home be held for 3 years after my brother was murdered in it?

The house has been broken into 3-4 time contaminating and evidence that remains..

0 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Colorado on
Q: What consequences are there if my roommate breaks the apartment lease without consulting others on the lease?

My roommate is threatening me of breaking the lease or not paying their part of the rent if I do not sign a roommate relinquishment form by the end of the month. She is claiming that we've made her feel unsafe, however, we have not prohibited her from the apartment nor have we retaliated in... View More

0 Answers | Asked in Criminal Law, Products Liability, Civil Litigation and Civil Rights for Tennessee on
Q: I got a driving on revoked in 2013. When I was 22 the dui came back negative , so I never paid it nor signed to plea. I

I got pulled over. When I went to court I got 6 month probation or until fines and fees were paid in full. Heather Bogess had my brother and upon metting her she told me she didn't think she would like me and would give me a hard time . She made the comment my brother would die and I... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Collections on
Q: How do I file for exemption of my income in a debit collectors complaint file in civil court?

My only source of income is social security disability. I do not own any real estate property, burial plan, or Plot. I do not have life insurance policy. My car has a lien on it and I make monthly payments. I need to file for exemption of my income and bank account. How do I do this without a... View More

James L. Arrasmith
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answered on Apr 17, 2024

If you are being sued by a debt collector in civil court and your only income is from Social Security Disability (SSDI), you can file for an exemption to protect your income and assets from being garnished or seized. Here are the steps you can take:

1. Respond to the lawsuit: File a written...
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1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
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answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

0 Answers | Asked in Civil Litigation, Family Law, Car Accidents and Civil Rights for Pennsylvania on
Q: Am I protected under any laws?

I am a Muslim, if I work for a company, and they are requesting information about my family, or the people I live  with, or if involve in a lawsuit a company is requesting information about  my family members, and I refuse to provide any information to protect their privacy and safety.

Do... View More

0 Answers | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Trying to buy a house in Texas but I have an approx. $20,000 (out of state) judgment against me...

If file my future house as a homestead, it should be protected and all proceeds safe for 6 months post sale, correct? The judgment was for fake attorneys fees when we sued our ex-landlady for return of our security deposit and she lied to win the case. Or should I maybe only title it in my... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
James L. Arrasmith
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answered on Apr 16, 2024

From a legal standpoint, whether the rent increase is allowed depends on a few factors:

1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you...
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0 Answers | Asked in Civil Litigation for Georgia on
Q: Bails bondsman released a check without my signature and they will not give me a copy of the back of the check

I was arrested in Georgia but I live in Florida. I know who cashed the check but I need the back of the check to prove it

0 Answers | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Is it legal in Florida for 1 party to record a phone conversation but forbid the other party from recording it?

I am in a dispute with my Florida medicaid managed care plan over getting care authorized for a recent cancer diagnosis. After complaining to the state, the state sent the complaint back to the plan which assigned me an RN case manager. She refuses to communicate via email, insists on communicating... View More

0 Answers | Asked in Civil Litigation for Oklahoma on
Q: Is it legal in oklahoma to sell someone a vehicle without disclosing that it has been branded a salvage/rebuilt title?

Bought a used car from an individual. He gave me a bill of sale until the duplicate title came in the mail. Went to register vehicle in my name. So did not get to see the title the buyer had. Title was folded in half when I signed the title as the buyer. Received registration papers a few... View More

0 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can I sue family and get a restraining order?

2-3 years ago my vehicle was burglarized and items were stolen(firearm was one of them). went to my criminal defense attorney who filed paperwork over a prior incidence and thats how we caught potential leads on who burglarized the car. considering giving it to the police department. want this... View More

0 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My employer was not insured for Maintenance and Cure. Thus far refuses to pay.

Their General Liability is reviewing coverage with reserving its right to deny coverage. 14 months paying my own medical. Cervical and Thoracic injury, confirmed herniated disc T1/C7. The boat company was recently involved in a major collision in Biscayne Bay. I have met the criteria of seaman. Do... View More

1 Answer | Asked in Civil Litigation and Federal Crimes for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of kite... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Auto finance wrongful repossession

Auto finance company harassment, adding additional fees without reason, unreported payment, no validation of depth letter, stole my vehicle and resold it, refused to resolve loan.

Timothy Denison
Timothy Denison
answered on Apr 15, 2024

You’ll need to hire a lawyer and sue them for consumer fraud.

1 Answer | Asked in Civil Litigation for California on
Q: l won a civil forfeiture case I few years ago never got the proceeds Found Letter no check what could I do to claim
James L. Arrasmith
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answered on Apr 15, 2024

If you won a civil forfeiture case in California but never received the proceeds, here are a few steps you can take to claim the funds:

1. Review the court documents: Carefully review the court order or judgment that awarded you the proceeds from the civil forfeiture case. Make sure you...
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