A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it....Read more »
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You...Read more »
From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H...Read more »
a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... Read more »
The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There...Read more »
We reside in a gated community controlled by an HOA in the City of Mohave Valley, County of Mohave.. There is a colony of “Community Cats” also residing in the neighborhood due to uncontrolled breeding. We have begun a Trap, Neuter and release effort, however, our neighbors have stated a strong... Read more »
I would need to know more about your HOA CC&R's and how this new rule was adopted before I could answer your questions concerning the rule and whether it is enforceable. If the new rule was adopted lawfully, you will need to abide by it or risk being fined. If this is a bad rule and you...Read more »
She could not qualify for the loan, her father and I co signed, I was concerned they did not update the paperwork to married, although I asked, they said it would be fine. They did however know she was married because we had to pay a judgment against husband before they would close on the house,... Read more »
No, nothing was done wrong. Disclosure was made to the lender and the lender closed the loan. Your daughter's obligation was to disclose her status. Then it was up to the lender to proceed or to revise the documents to include her husband.
My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... Read more »
This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.
We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they... Read more »
There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.
i have skitzophrenia and am smi and i have never personaly met my lawyers and did not understand the release until recently i had a friend explain it to me...there is a chance or posibly i can die from and get diseases from
the implant. my lawyers said that they just put that in the... Read more »
You may be able to change your mind but I recommend discussing this issue with independent counsel before you decide. Independent counsel can review the materials you signed and can learn more about the facts of your case. He or she can give you an opinion as to what is in your best interest....Read more »
We are at the stage of opposing side asking to dismiss. The judge denied their request 3 times, One of the approved was the Breach of Contract to include a few other charges. I now need to follow up doing a rebuttal I believe it is called to the ones that the apposing side has defended requesting... Read more »
Hello. I hate to say it, but this goes WAY beyond the kind of legal advice you should be seeking on an online question and answer forum. It's not really even clear whether you are the plaintiff or defendant, and it's nearly impossible to address issues relating to dismissal without a...Read more »
You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a...Read more »
The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... Read more »
First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a...Read more »
Lawsuit filed by my ex for a large amount of money. In his complaint he is claiming Conversion and Breach of Bailment Contract and the only items attached to his complaint to back up his claims is a list of items with ludicrous values attached to them. He is claiming in his complain that I refused... Read more »
If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some...Read more »
His wife said she told him not to park so close to sign and wind blew sign into car. I was so upset, I told him I couldn't charge him (300 dollars) for his tax return and he came back a few days later with an estimate to fix his car of 450.00. He didn't even take into consideration that... Read more »
This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak...Read more »
For a set amount after the year was up I was served an eviction notice .it was seen by a judge and ruled in my favor ..the I was hit with a restraining order and made to leave.. for the next ten days I was robbed of everything I owned..that case also ruled in my favor
Before I can let you know your legal rights and options I would need to know more of the facts and review any contracts or agreements you have as well as the complaint and final judgment in both court cases you mentioned. In addition, I would want to have a status of title search performed. At...Read more »
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