Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: Am I responsible for damage to a car my 14 year old accidentally caused? Wouldn't the owners insurance cover the damage?
F. Paul Maloof's answer
The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.
The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.
Q: landscape company while trimming around the AC unit cut the Freon pipe and refuses to fix it. What should we do?
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Small Claims
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
First what is the cost of the repair?
You can file a small claims actio to recover the cost of the repair.
Good luck.
First what is the cost of the repair?
You can file a small claims actio to recover the cost of the repair.
Good luck.
Q: Hurricane cancelled our wedding on 9-9. Planner wont return our money just laughed and said sorry.. anything i can do?
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Contracts
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
totally depends upon your agreement with the wedding planner. Clearly it is not the fault of the planner that a hurricane cancelled your wedding. First step would be to have your agreement reviewed by an attorney. However, most likely the contract will exempt the planner from weather problems and events like hurricanes.
Hope this helps.
totally depends upon your agreement with the wedding planner. Clearly it is not the fault of the planner that a hurricane cancelled your wedding. First step would be to have your agreement reviewed by an attorney. However, most likely the contract will exempt the planner from weather problems and events like hurricanes.
Hope this helps.
Q: How long can I stay on a public sidewalk
2 Answers
| Asked
in
Civil Litigation, Civil Rights and Constitutional Law
for
Florida
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Andy Wayne Williamson's answer
Obviously, there is way more behind this question. Ask again and give a lot more details.
Obviously, there is way more behind this question. Ask again and give a lot more details.
Q: The cosigner for my car stole my keys to the car and got rid of my car. I paid over $900 down on it and she paid less.
Bennett James Wills' answer
If she was a co-signer, and thus, co-owner, then she could potentially legally sell the car depending on how the car was titled. It's not likely that you would get the car back if you were to sue her; but you could potentially be entitled to damages. You should consider consulting a local attorney to determine your rights.
If she was a co-signer, and thus, co-owner, then she could potentially legally sell the car depending on how the car was titled. It's not likely that you would get the car back if you were to sue her; but you could potentially be entitled to damages. You should consider consulting a local attorney to determine your rights.
Q: Can a judge order me to pay a creditor when my ss check is only $274 a month?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Contracts and Collections
for
Tennessee
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Bennett James Wills' answer
A creditor could still obtain a judgment against you. You just may not have any assets to garnish.
A creditor could still obtain a judgment against you. You just may not have any assets to garnish.
Q: Please see additional information below.
Cameron Lambe's answer
It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default judgment against you, regardless of whether you received actual notice of the hearing. If you have any further questions, please consult an attorney.
It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default judgment against you, regardless of whether you received actual notice of the hearing. If you have any further questions, please consult an attorney.
Q: is it true in a civil suit if everything is owned jointly you cannot get anything?
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Wrongful Death
for
Pennsylvania
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
Only if the suit is against both persons, though there are a few exceptions. But collectability if you get a judgment is certainly an issue.
Only if the suit is against both persons, though there are a few exceptions. But collectability if you get a judgment is certainly an issue.
Q: How I can resolve an improper petition to interplead funds?
1 Answer
| Asked
in
Contracts, Personal Injury, Civil Litigation and Legal Malpractice
for
Texas
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.
Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.
Q: Can i start a lawsuit against a medicaid transportation company because a driver pulled and pointed a gun at me
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Association. You should have reported it to the police.
Contact a member of the Ga. Trial Lawyers Association. You should have reported it to the police.
Q: how do i sue if the company that has 3-d solar et all. sold me a $9000.00 solar air conditioner and solar panels to run
Terrence H Thorgaard's answer
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
So you're saying the system doesn't work during a power outage? I suspect that information was in the contract or other paperwork you received. If not, you would only be entitled to recover the cost of installing a supplemental generator.
Q: An order for CS was issued in PR where 21 is the age limit to be an adult. Since then the mother of my kids moved to FL
Terrence H Thorgaard's answer
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
Q: Can I serve a trespass instead of eviction? original lease pur agreement, mh located on my real property?
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Real Estate Law
for
Alabama
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
Mr. James Parrish Coleman's answer
If there was an agreement in place that he would pay rent your appropriate remedy is eviction. If there is no rental agreement, then you would file an ejectment. That would be your appropriate remedy You need to hire a lawyer to help you with this. THese kind of home-made agreements often fall apart just like this.
If there was an agreement in place that he would pay rent your appropriate remedy is eviction. If there is no rental agreement, then you would file an ejectment. That would be your appropriate remedy You need to hire a lawyer to help you with this. THese kind of home-made agreements often fall apart just like this.
Q: I received a 3 day notice via email mail. Is that good service?
Andy Wayne Williamson's answer
Yes. Likely you do have rights.
The big question will be is the legal fight worth the cost of the items the landlord disposed of. No way for me to know that online. You need to consult with a tenant attorney to go over the details and determine your course of action.
Yes. Likely you do have rights.
The big question will be is the legal fight worth the cost of the items the landlord disposed of. No way for me to know that online. You need to consult with a tenant attorney to go over the details and determine your course of action.
Q: How do I object to a rewnewal of judgement? Judgement paid off 2 years ago.
1 Answer
| Asked
in
Civil Litigation and Landlord - Tenant
for
California
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Sagar Parikh's answer
A judgement in California is good for 10 years and can be renewed indefinitely.
A judgement in California is good for 10 years and can be renewed indefinitely.
Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??
Alexander Florian Steciuch's answer
There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.
There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.
Q: What are the statue of limitations on FL county civil court regarding a previously uncollected relative owed 16k debt?
Andy Wayne Williamson's answer
4 years on a verbal contract and 5 years on a written contract. Based upon the facts that you present I think that you cannot pursue the case. Sorry.
4 years on a verbal contract and 5 years on a written contract. Based upon the facts that you present I think that you cannot pursue the case. Sorry.
Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?
1 Answer
| Asked
in
Civil Litigation and Gov & Administrative Law
for
New York
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Barry Eran Janay's answer
Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).
In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to legislators and their staff.
If you want detailed research, advising, and consultation I'm happy to assist, but there of course would be a fee involved.
Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).
In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to legislators and their staff.
If you want detailed research, advising, and consultation I'm happy to assist, but there of course would be a fee involved.
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