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Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Who own the property? The bank ejected us while they were not the current owner of the property.

The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property... View More

James L. Arrasmith
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answered on Mar 28, 2024

Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

James L. Arrasmith
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answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More

0 Answers | Asked in Civil Litigation and Family Law for Oklahoma on
Q: If I give my son my home upon my death, can a child or wife take it from him through litigation?

this is a home in Fletcher, OK...

0 Answers | Asked in Civil Litigation for Tennessee on
Q: What happens if I file but don't serve opposition motions in pro se case?

Detinue case...I know defendants lawyer and took oppositions to 2 motions he filed to his house on Friday...my supposed deadline for serving him, and he said to take it to his office secretary/paralegal on Monday. She didn't sign for it and said she couldn't even tell me what I'm... View More

0 Answers | Asked in Civil Litigation and Contracts for Arkansas on
Q: How do i or should i even attempt to file a Breach of Contract Lawsuit myself based on the implied good faith/fair deali

i was loaned 25k on an airplane with a written promisory note stating the loan w ould b repaid from the repainting and sale of the aircraft done by myself in the airplane hanger owned by the creditor. He then locked my plane up in the hanger denying me access along w keeping over 20k worth of my... View More

1 Answer | Asked in Tax Law and Civil Litigation for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

0 Answers | Asked in Civil Litigation for Illinois on
Q: Does a defendant in a civil case have to complete a joint case questionnaire? The plaintiffs attorney emailed a copy?

The plaintiffs attorney missed the 3/1/24 deadline to file a joint case questionnaire and now wants me to sign it..am I required to sign?

1 Answer | Asked in Civil Litigation and Libel & Slander for Florida on
Q: My defendant sent her lawyer to court. I didn't have a chance to ask her any questions. Is the right?
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2024

Was this a trial? Evidentiary hearing? Non evidentiary hearing? These things matter.

1 Answer | Asked in Civil Litigation for California on
Q: In California what steps can you take to get a copy of your case file if he ignores you?

I’ve dismissed my previous attorney of record for a civil case. I requested the case file but it is clearly incomplete. I’ve requested the rest but he is ignoring me. What steps do I take now? I do not have another attorney to replace him nor will I ever have a replacement.

James L. Arrasmith
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answered on Mar 25, 2024

In California, if your former attorney is not responding to your requests for your complete case file, you have several steps you can take. Initially, send a formal, written request via certified mail, specifying the documents you believe are missing. This ensures there is a record of your request.... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

James L. Arrasmith
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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

1 Answer | Asked in Products Liability, Civil Litigation and Insurance Bad Faith for California on
Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More

1 Answer | Asked in Civil Litigation and Education Law for California on
Q: Which law or education code permits a school’s attorney to share my private information to threaten & intimidate me?

Upon my research, I found that the FERPA Act may be in violation because it doesn’t meet the exceptions, not sure if any other privacy and confidentiality laws have been infringed upon. I don’t have legal representation, nor did I state I would sue them. There is no criminal investigation nor a... View More

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're concerned about the potential misuse of your private information by a school's attorney. Under the Family Educational Rights and Privacy Act (FERPA), schools are generally forbidden from disclosing personally identifiable information from students' education... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: can i find out if a lawsuit was fillied in my behafe in georgia,in fedral court.somewhere around 7 years ago or earlyer.

my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore

Michael W. Horst
Michael W. Horst
answered on Mar 26, 2024

Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:

https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx

You will likely be required to create a log in and password.

0 Answers | Asked in Civil Litigation and Public Benefits for Delaware on
Q: My neighbor and her daughter are lying to my housing agency trying to get me put out of my house because we had a disagr

Disagreement over her mother almost hitting my guest with her car. My guest went off because she was shook up about almost being hit by a car and now the daughter who doesn’t live here is harassing me and making false accusations without evidence to back up her claims. I want to sue her for... View More

2 Answers | Asked in Civil Litigation for Florida on
Q: My in-laws paid cash for my vehicle we agreed that I would make monthly payments to them each month till it was paid off

It was a verbal agreement I have receipts showing I paid them an the insurance states that my father in law an I were the owners but they got mad an took it what can I do about this matter

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2024

Title determines ownership. Not insurance. See an attorney to determine your course of action under Louisiana law.

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
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answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Identity Theft and Constitutional Law for Texas on
Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

0 Answers | Asked in Civil Litigation for Indiana on
Q: I recently moved out of my apartment last year and went to small claims court after the initial hearing the apartment

Manager had the maintenance people change the locks two days after the court date knowing the judge gave us 10 days to have our belongings out. So when I finally get in contact with the manager she tells me it was a misunderstanding and that she would have the locks changed back but she failed to... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Medical Malpractice for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... View More

2 Answers | Asked in Consumer Law and Civil Litigation for Florida on
Q: Navient student loan server/ lender consolidated all my loans including one from 1987.. then in 2022 all loans were

Discharged except for the one from 1987 they took it out of consolidation and I believe I was in deferment when they did this in 6/2016.. and sent old loan to trellis student loan collector..Without ! My notice .. trellis then garnished my wages without notifying.me I received no paperwork about... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

If they garnished your wages, it would appear that they got a judgment against you. Look into how they did that without notice (of the lawsuit or also of the garnishment) to you.

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