Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: In the wittiness statement she said she held against her will but when the people left she escape. But in the police
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Criminal Law
for
Tennessee
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Anthony Marvin Avery's answer
You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such as did she miss any work, claim she was hurt, or even jealous of someone, etc. ? Hopefully you are at General Sessions and can put on a devastating Preliminary Hearing.
You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such as did she miss any work, claim she was hurt, or even jealous of someone, etc. ? Hopefully you are at General Sessions and can put on a devastating Preliminary Hearing.
Q: Would you be willing to sit down and hear my case? I left a message on your voicemail. It is urgent
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
Kentucky
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Timothy Denison's answer
Unfortunately, I am out of town until Tuesday but my partner, Dennis Burke is in tomorrow and Friday and can help you. He is at502-262-4984.
Unfortunately, I am out of town until Tuesday but my partner, Dennis Burke is in tomorrow and Friday and can help you. He is at502-262-4984.
Q: if my name is on the deed as right of surviorship as well as my daugher and her name is on the note - can she sell it
Jake Andrew Snider's answer
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of survivorship can sell their respective interest in the property, but whomever purchases from that person becomes what's known as a 'tenant in common' with the other owner. Essentially, you'll jointly own...
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of survivorship can sell their respective interest in the property, but whomever purchases from that person becomes what's known as a 'tenant in common' with the other owner. Essentially, you'll jointly own...
Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?
1 Answer
| Asked
in
Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant
for
Michigan
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
David Soble's answer
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
Q: Judgement signed by lawyer for agreement made on childsupport/taxes.
Douglas Lee Bryan's answer
I don't understand your question. I would suggest calling the attorney who prepared the judgment to explain its terms if you don't understand it.
I don't understand your question. I would suggest calling the attorney who prepared the judgment to explain its terms if you don't understand it.
Q: Can a police officer
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Criminal Law and Federal Crimes
for
Arkansas
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Richard Lane Hughes' answer
If I understand our statement of facts correctly, the answer is no.
There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.
If I understand our statement of facts correctly, the answer is no.
There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.
Q: Can I be awarded lost wages if I miss work because a small claims case was reopened on false claims by the defendant?
Andy Wayne Williamson's answer
No. You cannot. You time off work is a cost associated with your filing of the lawsuit but it is not reimbursable in the court case as you are not an attorney.
No. You cannot. You time off work is a cost associated with your filing of the lawsuit but it is not reimbursable in the court case as you are not an attorney.
Q: I signed a contingency agreement for a Class Action, can I negotiate directly with the company being sued to resolve?
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Contracts
for
Kentucky
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Timothy Denison's answer
You may be inbreach of the contract if you do. If you want to negotiate the contract yourself, you should terminate the lawyers services before attempting to negotiate directly with the company. The lawyer is entitled to be paid for whatever time he has in up to the point of termination.
You may be inbreach of the contract if you do. If you want to negotiate the contract yourself, you should terminate the lawyers services before attempting to negotiate directly with the company. The lawyer is entitled to be paid for whatever time he has in up to the point of termination.
Q: Contractor took hefty deposit to buy materials and has never built carport.
Bennett James Wills' answer
Sounds like you are the victim of a potential scam. This happens more often than you would think. Consider hiring counsel to determine your best options.
Sounds like you are the victim of a potential scam. This happens more often than you would think. Consider hiring counsel to determine your best options.
Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Civil Litigation and Collections
for
Iowa
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.
If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.
Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?
1 Answer
| Asked
in
Civil Litigation, Civil Rights and Constitutional Law
for
New York
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.
Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.
Q: A newspaper had put false information up about me.
Alexander Florian Steciuch's answer
I'm assuming you're asking if it is worth your time to sue the newspaper for defamation of some sort. In most cases, the answer is no. If you believe that you have been substantially harmed in some way due to this false information, please feel free to consult with a local attorney for legal advice.
I'm assuming you're asking if it is worth your time to sue the newspaper for defamation of some sort. In most cases, the answer is no. If you believe that you have been substantially harmed in some way due to this false information, please feel free to consult with a local attorney for legal advice.
Q: how to write up a homestead deed for filing garnishment exemption of wages?
F. Paul Maloof's answer
You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.
You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.
Q: My 17 year old daughter just got arrested for shoplifting in Atlanta and on her way to adult jail in dekalb. Please help
Forrest Clinton Barbour's answer
Without any prior criminal history, she should qualify for pretrial diversion. The best way to prepare for court is to hire an attorney. Feel free to give me a call. 770-461-2025.
Without any prior criminal history, she should qualify for pretrial diversion. The best way to prepare for court is to hire an attorney. Feel free to give me a call. 770-461-2025.
Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?
Joel Friedman's answer
I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims
I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims
Q: What to do if someone is intentionally hiding their address to avoid a small claims suit?
1 Answer
| Asked
in
Civil Litigation, Contracts and Family Law
for
Tennessee
on
Answered on Apr 15, 2018
Answered on Apr 15, 2018
Mr. James Charles Wright's answer
Anyone over the age of 18- not a party- may serve the warrant any place you can find the relative. Or you can hire a private investigator to serve the process.
Anyone over the age of 18- not a party- may serve the warrant any place you can find the relative. Or you can hire a private investigator to serve the process.
Q: how do i evict a roomate that has no lease
Michael David Siegel's answer
Get a restraining order in the Criminal Court. A clerk can help you. Then start an eviction case, or if she does not reside there, you can just change the locks. Calling someone a roommate as opposed to a friend makes the case more landlord/tenant like.
Get a restraining order in the Criminal Court. A clerk can help you. Then start an eviction case, or if she does not reside there, you can just change the locks. Calling someone a roommate as opposed to a friend makes the case more landlord/tenant like.
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