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Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Texas on
Q: I have a friend who needs legal representation for a insurance claim matter
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2022

A Texas attorney could advise best, but your post remains open for two weeks. Attorneys here can't reach out to solicit your friend's matter. The format here is only question and answer, not attorney referral. But the closest thing here is the Find-a-Lawyer tab above. Your friend could... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: My girlfriend of 10yrs kicked me out of the house she got swhile we were together. What do i do about getting my things

I have attempted to sit down with her and a mediator , her daughter who doesn't care for me too much, and discuss who gets what but she starts yelling acting like a child. AnywYs mist of the stuff in the house , I have bought but I'm not trying to empty her house . I don't have room... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 30, 2022

Parties can file for a right of replevin at the municipal court in the county where the property is located under Ohio Revised Code Chapter 2737 re Replevin. Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Is it legal for someone to get a babies actual footprint tattooed onto themselves without consent of the actual parent

The babies footprint or full name. Especially if this person is not the parent of the child or does that fall under the first Amendment and they can still legally get it?

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2022

The wording of your question is a bit confusing: are you asking if you, as an adult, can get a child's name or footprint tattooed on you? If that's the case, then yes, you can. You can effectively get whatever you want tattooed on you. Now, what you can't do is force the baby to... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Do the court provides an Oath taker and Court Reporter that is certified with the courts?
Mark Oakley
Mark Oakley
answered on Jun 28, 2022

In proceedings like trials and merits hearings where testimony is being taken by the litigants or witnesses, all persons testifying are sworn under oath by the clerk seated to the side of the judge prior to testifying. Court reporters have been replaced with electronic recordings using sensitive... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... Read more »

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Kentucky on
Q: If there is no DNA, no audio or video no witnesses to a crime of fleeing and eluding and officers have conflicting

Statements. how can they charge me with the crime. The person whom the police say ran Into woods was described as a black male wearing a gray hoody . I'm white male and i was arrested 2 years later for the charges.

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

Hire the best criminal defense attorney you can and see about getting it dismissed.

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: A girl I saved caused me to lose my job.

I called the police numerous times trying to save a girl’s life but she denied it (falsely), which resulted in my getting put on a 5150 hold by the police. I came out of the mental hospital distracted from work which resulted in my getting let go. Will I be able to successfully sue this girl for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 25, 2022

no lawyer, in my opinion, can evaluate the facts like these, without a consultation.

if you can't find a lawyer, and I assume that is the case, you can always go into small claims court where you can sue for up to $10k without a lawyer.

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1 Answer | Asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

1 Answer | Asked in Contracts, Business Law, Civil Litigation, Small Claims and Libel & Slander for Florida on
Q: Can I be sued, and if so what can I do?

I had a small pet sitting gig where I offer pet sitting services. I was contacted by a gentleman to overnight pet sit for 10 days (06/17 - 06/26). We agreed, he paid me 80% up front. (No contract signed, no witness to the agreement) My partner and I stayed from 06/17 - 06/19, and I stayed by myself... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 23, 2022

It appears that he is threatening to tell people bad things about you, not physically attack you or anything like that. Arguably it's a threat to defame (slander) you. Could you sue him if he did? I probably wouldn't bother.

Why should you care if the police won't make a...
Read more »

1 Answer | Asked in Civil Litigation and Collections for California on
Q: I won a judgment in small claims court several years ago but the other party will not pay

I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2022

The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge... Read more »

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Civil Litigation for California on
Q: How can I find a business litigation attorney on contingency please?

Defendant default on 1.3 million dollars loan, also owe over 1 million dollars in fees and expenses for services received

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 22, 2022

What type of business litigation matter is it?

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