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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for California on
Q: Judgment Creditor omitted facts "allegation founded upon" from Affidavit for Order for Appearance and Exam of 3rd Person

I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More

James L. Arrasmith
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answered on Apr 26, 2024

In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.

According to...
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Q: I won my order decision award and my employer appealed it but my lawyer who was representing me had his license suspende

What can I do if my attorney had his license suspended after we won the oda from the labor commissioner

James L. Arrasmith
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answered on Apr 26, 2024

If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:

1. Find a new attorney: You can seek a new attorney who specializes in employment law...
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0 Answers | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Hello I am a tenant caught up in unlawful detainer filed by my landlord we agreed upon conditions for me to move out by

A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?

1 Answer | Asked in Appeals / Appellate Law, Family Law and Civil Litigation for California on
Q: What can I do to stop a sheriff lockout while I appeal unlawful detainer. Commissioner entered default judgment and deny

Ex parte for stay of judgement, rejected myedical emergency discharge papers

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:

1. File a petition for a writ of supersedeas with the appellate court. This will...
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0 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for Tennessee on
Q: Can my boss only pay me for 40 hours when I work more than that amount? Can my boss cuss me or discuss my personal life

I am not a salaried employee. I work way more than 40 hours per week, But do not get paid for more than 40. I have not had a day off since January 15, 2024. I’m on call 24/7. I have put 30k miles on my car since July 27, 2023 and have not used it at all for personal use. My boss embarrassed me... View More

0 Answers | Asked in Civil Litigation and Estate Planning for Michigan on
Q: Our family friend left money to me and my mother. The executor is stalling on sending the checks. Do we have recourse?

We don't know the amount and don't have a copy of the will (although it's required under state law, the will has not been filed with probate).

The son is the executor and he notified me about the gift in January, saying he had to settle the estate and would get back to me... View More

0 Answers | Asked in Personal Injury, Civil Litigation, Federal Crimes and Probate for Nevada on
Q: A few years ago, several close relatives told me my mother died. I just found out that she's alive. Can I sue for this?

My mother was part of this scheme. A few years ago, I discovered she was involved in some illegal activity and that she had also defrauded my late father's estate. My mother was his ex-wife and I was his only legal heir, but being only 19, I knew nothing about very significant financial assets... View More

1 Answer | Asked in Civil Litigation for California on
Q: I need a pro bono or lawyer that gets paid at end of case to help me in a civil litigation action. Can you help?
James L. Arrasmith
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answered on Apr 25, 2024

In California, you have the option to find legal assistance through attorneys who work on a contingency basis or through pro bono services, depending on your case type and financial situation. Contingency means the attorney is compensated only if you win your case, usually taking a percentage of... View More

0 Answers | Asked in Civil Litigation for Alabama on
Q: How do I initiate a private nuisance lawsuit in the state of Alabama?

We have a neighbor that has converted her non residential home into a black market bar/shot house/jukejoint. The other neighbor is a drug dealer awaiting trial and he also starves his dogs. Between the two houses they have made our living environment an uneasy one to live in. Not to mention... View More

0 Answers | Asked in Civil Litigation for West Virginia on
Q: Do you have to be mirandized by an arresting officer in the state of West Virginia?

I was detained,questioned, taken out of cuffs, and then arrested. I was incarcerated for approximately 37 hours and nobody read me my rights. It was two counts domestic assault. I hit nobody. I was drunk and punched a coffee table. They are dropping charges but the arresting officer is pressing... View More

0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: Bond/Bond hearing, or possible deals that could be offered.

My daughters dad was recently arrested after our county’s felony probation officers Searched his home & car on 4/20.

He had been on felony probation since beginning of 2023, They most recently charged him with intent to sell, and possession of marijuana, Prozac (which is prescribed... View More

0 Answers | Asked in Consumer Law, Criminal Law, Products Liability and Civil Litigation for Missouri on
Q: I had an order shipped to me (worth approx $350) and while in UPS possession the package was stolen. Can I use UPS?

The package made it to my state but between the arrival City and mine (approx Hours) the package was opened and contents stole while in UPS possession by someone in the company. Can I use them for theft? Even have proof from UPS.

0 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Criminal Law for Washington on
Q: if my roomate made a no contact order on me, but is not on the lease and I am, do they have to leave of do I?

I am on the house lease and utilities. sub-tenant is NOT on lease. but sub-tenant made a no-contact order against me. can i go home if he is not at the house? can he come back while im home?

3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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0 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: What would "Life" be like with foxes over henhouses???

1)Mass incarceration - is like men cooped up in warehouses, like a bunch of chickens! Allowing the fox to be the determining factor- of who goes and who stays. Is it a conflict of interest- to place foxes over henhouses? Everyone knows, foxes are a chicken's worse enemy! For example:... View More

0 Answers | Asked in Criminal Law, Child Support and Civil Litigation for Michigan on
Q: I am being harassed by a former partner

My former partner is harassing me by constantly trying to contact me, reaching out to co-workers and making false claims. I am in medicine and I have worked extremely hard for my reputation, I am afraid this will significantly affect my work. Wondering if you can help me work through options and... View More

0 Answers | Asked in Divorce, Child Support and Civil Litigation for Arizona on
Q: Waiting to file a divorce. If I take my children to live with me, am I required to continue paying household bills?

20 yr marriage, im leaving. Wife hasnt worked in 14 yrs, had her SSI benifits turned off due to her progression, she is fighting to get them back and is refusing to move forward with the divorce until it is resolved. Its been over a year. I have and continue to pay for everything, including her... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
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0 Answers | Asked in Civil Litigation, Construction Law and Contracts for New Jersey on
Q: I was paid in full for a contract but it went over budget and even through my contract states they are responsible

For all monies due they are refusing to pay even after an oral agreement and liens are being filed. Who is responsible

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