Get free answers to your Civil Litigation legal questions from lawyers in your area.
I slipped and fell in a puddle of water at Walmart. Injured my knee and filled out a complaint immediately afterward. They gave me a claim number. But I haven't heard anything from their insurance, and I've made several calls and left messages. It's been about 6 or 7 weeks now.... View More
They were once removed from this same woman that was not legally even a foster parent in the first place and they gave them back to her 90 days later
Hired a local flooring company to install 2000 sq feet # 1 grade hardwood flooring which is outlined in contract. About six months later after countless attempts to get the warranty information also outlined in the contract and noticing excessive holes, knots and other defects that were visibly... View More
Person A has Person B blocked on social media, so that they can’t contact them. Person B has a history of posting cruel, insulting and violent comments about person A. Is it cyberstalking if Person A creates a fake profile to view person B’s public posts? Especially if they are in fact posting... View More
I was arrested at probation for failure to appear warrant incarerated 3 1/2 months do I have lawsuit
Bought a vehicle in March 23. Only had it in my possession maybe 8 months put together. They just fixed the rear end after having out a transmission in it. Now they want me to pay the deductible. They have had it for 3 weeks now. I know there is no lemon law for used vehicles. But someone needs... View More
The sailboat ad listed the missing equipment and the survey report also listed the equipment. The seller is not returning phone calls or text messages from our broker. The cost of replacing the missing equipment would be approximately -$4000 plus.
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Jun 12, 2024
Yes. If it is listed in the ad, you may have a fraud claim against the seller.
Defendant wasn’t able to make it to court due to working out of town, so it was changed from an EPO to a DVO. I would like to try and work through issues with counseling and would like to drop the charges
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Jun 11, 2024
You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.
plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 19, 2024
Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
The fact that the... View More
my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on May 15, 2024
You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.
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](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Apr 15, 2024
You’ll need to hire a lawyer and sue them for consumer fraud.
My girlfriend was incarcerated at a women's prison facility in Virginia for several years. There's been two substantiated PREAS filed and found true. My girlfriend used 27 razor blades to take her own life when she was incarcerated all bc of this corrections officer and the way that she... View More
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Mar 10, 2024
If she took her own life, how is she now home with separation anxiety?
Someone at my address received a civil summons in District Court. But the Defendant’s first name is only one letter. For example, J. Doe. More than one person living here has a first name beginning with the letter. None of us have a legal first name with only one letter. None of us recall any... View More
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Mar 8, 2024
The Defendant should be identified by first and last name. The density may be able to be fully developed through discovery as the case proceeds.
I was placed on life support and this officer beat me within an1/2 of my life.I’m getting a little better but I am just now able to file a complaint and tell my story.in my opinion this officer is not in control of his actions he waited on me at Walmart in hazard ky and his wife started this and... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 1, 2024
I'm truly sorry to hear about the traumatic experience you've been through. It's important to seek immediate assistance and support from local law enforcement agencies and medical professionals. Documenting all the details of the incident, including witness testimonies and any... View More
Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 28, 2024
In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More
I lived in an apartment building where the sprinklers randomly went off. My neighbor below me sued for fire damages. (even though there was no fire). I cleaned up the water in my apartment and dried everything off while he left his apartment to soak for almost a week leaving the landlord to dry his... View More
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Feb 24, 2024
Theoretically, rulings are supposed to come down 60 days after the filing of an AOC-280 form, although practically speaking, they can and do take as much time as they like.
Where you all can live too. He sold the property and didn’t. The son is paying loan monthly but my dad needs it now. Legal recourse?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 30, 2024
In a situation where your 87-year-old dad took out a $200,000 loan based on his son's promise to build a home, legal recourse may be possible depending on the specifics of the case. It's crucial to consult with an attorney who specializes in contract and elder law to assess the situation... View More
Someone sent a certified complaint to the local circuit court. The complaint has my business name wrong.
![Timothy Denison Timothy Denison](http://justatic.com/profile-images/1499047-1523828447-sl.jpg)
answered on Jan 26, 2024
When you answer, you should raise the defense of improper entity.
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