Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: Hello i am inquiring about an issue my girlfriend had with planet hollywood in Las Vegas. They had a photographer alter
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Employment Law
for
New York
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Ali Ebrahimzadeh, Esq.'s answer
Are you in NY? What damage has she suffered? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Are you in NY? What damage has she suffered? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: Can I be held liable for something a child not in my custody at the time & one which Im not legitimized for per Ga law?
Ellaretha Coleman's answer
Unfortunately, your question is too vague to provide an accurate response.
Unfortunately, your question is too vague to provide an accurate response.
Q: Can we sue an apartment complex for kicking out myself and my family?
1 Answer
| Asked
in
Consumer Law, Contracts, Civil Litigation and Landlord - Tenant
for
Ohio
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Joseph Jaap's answer
Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.
Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.
Q: Can my child's father get joint custody if he's only comes home one day a week from his job?
1 Answer
| Asked
in
Family Law, Child Custody and Civil Litigation
for
Georgia
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Ellaretha Coleman's answer
A parent's work schedule is only one of many factors the court uses to determine custody. We would need to know more specific facts of your case to give you an adequate answer to this question.
A parent's work schedule is only one of many factors the court uses to determine custody. We would need to know more specific facts of your case to give you an adequate answer to this question.
Q: I need to serve summons in pro per; district court. Can I serve the paper summons with the long complaint etc on DVD?
Ali Ebrahimzadeh, Esq.'s answer
Typically, no. You have to follow the Rules of Civil Procedure for service of process, which can be complex. You can hire a process server. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Typically, no. You have to follow the Rules of Civil Procedure for service of process, which can be complex. You can hire a process server. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: Mother made will devising real property to three children. Same day executed deed to herself and son as tenants by the
1 Answer
| Asked
in
Civil Litigation, Real Estate Law, Estate Planning and Probate
for
North Carolina
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Dr Kenneth V Zichi J.D.'s answer
You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.
SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through probate. Once one person in a joint ownership with rights of survivorship passes, the other person owns outright, and can re-title, mortgage, sell or otherwise dispose of the property freely.
Without seeing ALL...
You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.
SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through probate. Once one person in a joint ownership with rights of survivorship passes, the other person owns outright, and can re-title, mortgage, sell or otherwise dispose of the property freely.
Without seeing ALL...
Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?
1 Answer
| Asked
in
Civil Litigation, Consumer Law and Contracts
for
North Carolina
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Paige Kurtz's answer
The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it would have to be filed in District Court. The downside is that you will have to pay filing fees and service costs which will be a good portion of what you are owed. You might try writing a letter to...
The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it would have to be filed in District Court. The downside is that you will have to pay filing fees and service costs which will be a good portion of what you are owed. You might try writing a letter to...
Q: If I have been sued and die does the lawsuit continue to pursue my estate?
H. Scott Aalsberg Esq.'s answer
Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
Q: What is the statute of limitations to file a claim for undue influence?
Ali Ebrahimzadeh, Esq.'s answer
It depends on the facts and the devising instrument. E.g., see: http://codes.findlaw.com/ca/probate-code/prob-sect-16061-8.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
It depends on the facts and the devising instrument. E.g., see: http://codes.findlaw.com/ca/probate-code/prob-sect-16061-8.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
Q: divorced 2 years. Kept joint account open for transfer of funds when needed for kids or any other reason.
1 Answer
| Asked
in
Civil Litigation, Divorce and Real Estate Law
for
Florida
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Andy Wayne Williamson's answer
Okay, this is sortof a loaded question. You really need to consult with a family law attorney on this issue. I am not willing to venture a guess based solely upon the information you provided.
If you feel you are entitled to the money, get an attorney on board to assist you in the event he tries to sue you to get the funds back.
Okay, this is sortof a loaded question. You really need to consult with a family law attorney on this issue. I am not willing to venture a guess based solely upon the information you provided.
If you feel you are entitled to the money, get an attorney on board to assist you in the event he tries to sue you to get the funds back.
Q: I have a question regarding the 120-day time limit for service of summons and amended civil complaint.
Andy Wayne Williamson's answer
You need to first filed the amended complaint, and file a motion to extend the deadline for service of process. Then once you get the extension then get a new summons and serve only the amended complaint.
OR, get the original summons and original complaint served before the deadline and then file the amended complaint. Once the defendant is served with the original complaint you have the right to amend the complaint without leave of court once.
Since you deadline is getting...
You need to first filed the amended complaint, and file a motion to extend the deadline for service of process. Then once you get the extension then get a new summons and serve only the amended complaint.
OR, get the original summons and original complaint served before the deadline and then file the amended complaint. Once the defendant is served with the original complaint you have the right to amend the complaint without leave of court once.
Since you deadline is getting...
Q: My nephew was brutally assaulted by a 14 yr old in foster care. Who is responsible criminally & financially?
Brendan Michael Kelly's answer
Yes the state can be held accountable for the medical bills and for the action of the kid who assaulted the boy. Get a lawyer and they will be able to help.
Yes the state can be held accountable for the medical bills and for the action of the kid who assaulted the boy. Get a lawyer and they will be able to help.
Q: Is there a length of time u can take a ex gf to small claims court over money that I feel she owes me?
Joseph A. Gangi's answer
Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.
Yes, it is called a "statute of limitations" and the amount of time varies based on the claim.
Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?
1 Answer
| Asked
in
Civil Litigation, Domestic Violence and Family Law
for
Colorado
on
Answered on Jul 23, 2017
Answered on Jul 23, 2017
Tristan Kenyon Schultz's answer
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
Q: Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?
David Keith Hicks' answer
No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or responds to it. See also CCP 1005.
No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or responds to it. See also CCP 1005.
Q: I recently financed rims, services through a store. Cancelled order. How do I get my money back?
2 Answers
| Asked
in
Broker Fraud, Civil Litigation, Contracts and Consumer Law
for
California
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
William John Light's answer
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?
Sagar Parikh's answer
Yes, you can file a Cross-Complaint along with your Answer to the Complaint.
A full consultation would be necessary to properly advise you.
Yes, you can file a Cross-Complaint along with your Answer to the Complaint.
A full consultation would be necessary to properly advise you.
Q: Writ of Replevin defendant ordered to obtain an impossible to obtain bond.
1 Answer
| Asked
in
Civil Litigation, Collections and Consumer Law
for
Florida
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
Andy Wayne Williamson's answer
Short answer. Yes you can file a motion to modify the bond. That decision is up to the judge.
Additionally this sounds like a complex situation so I suggest hat your hire an attorney to assist you.
Short answer. Yes you can file a motion to modify the bond. That decision is up to the judge.
Additionally this sounds like a complex situation so I suggest hat your hire an attorney to assist you.
Q: My brother moved in to my home with out my permission and refuses to leave. How do I get him out quickly?
1 Answer
| Asked
in
Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant
for
Tennessee
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Leonard Robert Grefseng's answer
two options- call the police and ask them to remove ( or arrest) the individual for trespassing ( if you haven't already done so, before calling the police, tell your brother of these intentions so he can't say he wasn't warned).
If that doesn't work, you have to file a "detainer warrant" - this is the process for eviction for renters who fail to pay their rent,etc. Technically speaking, he is not a renter, he is a guest, and you can kick guests out whenever you are ready for them to...
two options- call the police and ask them to remove ( or arrest) the individual for trespassing ( if you haven't already done so, before calling the police, tell your brother of these intentions so he can't say he wasn't warned).
If that doesn't work, you have to file a "detainer warrant" - this is the process for eviction for renters who fail to pay their rent,etc. Technically speaking, he is not a renter, he is a guest, and you can kick guests out whenever you are ready for them to...
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