Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: What sum cost are included on page 2 of Motion For Continuing Garnishment?
1 Answer
| Asked
in
Civil Litigation, Collections and Small Claims
for
Florida
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Barry W. Kaufman's answer
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Every county clerk website has a page of fees. I imagine that you will file the motion in person, so the cost to file the garnishment is $85.00. The sheriff will serve the writ in your county for $40.00. *Make sure you get the garnishee correct.* If the garnishee hires an attorney to file an answer to the writ, it will cost you $100.00 for the garnishee's attorney's fees. Some garnishees answer the writ without hiring an attorney to do so, so there's no garnishee attorney's fees in that...
Q: If I purchase a dog from a breeder and pay in full - breeder then decides to keep the dog, can I sue for the dog?
2 Answers
| Asked
in
Animal / Dog Law, Contracts and Civil Litigation
for
California
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
William John Light's answer
Of course you can sue. Your post indicates you are in Washington, while your question is posted in the California forum. In CA, you could sue in Small Claims court for breach of contract (you can recover up to $10k in CA Small Claims), and for specific performance (which would be for delivery of the puppy).
Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return...
Of course you can sue. Your post indicates you are in Washington, while your question is posted in the California forum. In CA, you could sue in Small Claims court for breach of contract (you can recover up to $10k in CA Small Claims), and for specific performance (which would be for delivery of the puppy).
Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return...
Q: Can an heir file suit for tortious interference for stepmom hiding late Dad's will in safe deposit box?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Probate and White Collar Crime
for
Texas
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Richard Winblad's answer
I don't practice in Texas but I found this site informative:
http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will
Like many states it appears that it is crime in Texas to conceal or destroy a Will.
I don't practice in Texas but I found this site informative:
http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will
Like many states it appears that it is crime in Texas to conceal or destroy a Will.
Q: What type of attorney do we need?
Thomas A. Grossman's answer
Hard to answer this question as much information is missing: why were the buildings, landscape and hard-scape demolished without your consent?; did you know this was happening/when did you find out?; did you check out the licensed contractor before he was hired?; can you locate the contractor who demolished the buildings; did you have a written contract from the contractor?
It sounds like this fellow ripped you off, and you should go after him (i.e. sue him) for fraud, theft, and...
Hard to answer this question as much information is missing: why were the buildings, landscape and hard-scape demolished without your consent?; did you know this was happening/when did you find out?; did you check out the licensed contractor before he was hired?; can you locate the contractor who demolished the buildings; did you have a written contract from the contractor?
It sounds like this fellow ripped you off, and you should go after him (i.e. sue him) for fraud, theft, and...
Q: In civil cases, does the judge or jury know most of the information that came out during discovery about each side?
F. Paul Maloof's answer
It will depend on how the information that was garnered during discovery is presented to the judge or jury.
It will depend on how the information that was garnered during discovery is presented to the judge or jury.
Q: Order for Proposal of Findings of Fact and Conclusion of law ,
Matthew Williams' answer
It is common practice for the court to request proposed findings of fact and conclusions of law from the parties. If you don't submit one, the court will likely adopt those submitted by the other party whole, which of course, will not favor any of your positions.
It is common practice for the court to request proposed findings of fact and conclusions of law from the parties. If you don't submit one, the court will likely adopt those submitted by the other party whole, which of course, will not favor any of your positions.
Q: If im incorporated at a address can someone use the same address or threshold
1 Answer
| Asked
in
Business Formation, Business Law and Civil Litigation
for
Georgia
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Q: I filed suit for a friend, I'm a jailhouse paralegal, I found a flaw, his wrongful confinement claim is solid, Reply?
Aubrey Claudius Galloway's answer
I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.
What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw.
The authority on this is the criminal procedure law of the State of New York. In terms of cases interpreting the same, look for NY Court of Appeals opinions.
Hope this helps,
Feel free to...
I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.
What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw.
The authority on this is the criminal procedure law of the State of New York. In terms of cases interpreting the same, look for NY Court of Appeals opinions.
Hope this helps,
Feel free to...
Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company
Aubrey Claudius Galloway's answer
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.
You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.
Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Gov & Administrative Law
for
Wisconsin
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Robert D. Kreisman's answer
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
Q: Married person from Bahamas she spelled name wrong on license to get married she not a US citizen want annulment help!
2 Answers
| Asked
in
Civil Litigation, Family Law, Criminal Law and Immigration Law
for
Florida
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Q: I got served for a lawsuit about a car of mine that got repossed two years ago? What are the next steps I have to take?
Tina El Fadel's answer
The Summons you received will provide you with instructions on what are the next steps you should take. If this is a county court case ($5,000-$15,000) or circuit court case (above $15,000.00) you have to file a Response to the Complaint within 20 days and serve the same on the Plaintiff's attorney and file a copy of it with the Clerk of Court. If it is a small claims action (under $5,000.00) there should be a date for you to appear in Court--on said date you will attend a mediation to see if...
The Summons you received will provide you with instructions on what are the next steps you should take. If this is a county court case ($5,000-$15,000) or circuit court case (above $15,000.00) you have to file a Response to the Complaint within 20 days and serve the same on the Plaintiff's attorney and file a copy of it with the Clerk of Court. If it is a small claims action (under $5,000.00) there should be a date for you to appear in Court--on said date you will attend a mediation to see if...
Q: When declaring someone in Arkansas's address. What should law enforcement go by?
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence
for
Arkansas
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Stewart Whaley's answer
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
Q: What is the current case law regarding the feeding of feral cats, and can a home owners association prohibit the activiy
Peter H. Westby's answer
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 can obtain the support of your neighbors and fellow homeowners, you may be able to call a special election and seek its repeal.
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 can obtain the support of your neighbors and fellow homeowners, you may be able to call a special election and seek its repeal.
Q: Have10 acres everybody but one person want to sale. The one person is refusing to sign any paperwork.
Tammy Lyn Wincott's answer
Speak with a probate attorney. You may be able to file for a partition, also keep proof of who upkeeps the property, pays taxes, etc. as you may have a claim for reimbursement.
Speak with a probate attorney. You may be able to file for a partition, also keep proof of who upkeeps the property, pays taxes, etc. as you may have a claim for reimbursement.
Q: I guess this is my call for some sort of help ...
1 Answer
| Asked
in
Family Law, Real Estate Law, Civil Litigation and Probate
for
California
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Richard Samuel Price's answer
Without a written will or a trust, your great-grandfather's verbal wishes of what was to happen to the house are not valid. A will or trust must be in writing. You uncle, as the personal representative of the estate, has the power to sell the house.
Without a written will or a trust, your great-grandfather's verbal wishes of what was to happen to the house are not valid. A will or trust must be in writing. You uncle, as the personal representative of the estate, has the power to sell the house.
Q: My deceased aunt was poa of my deceased sister estate. Will it be appointed to her daughter.How can I find out who is
2 Answers
| Asked
in
Civil Litigation, Estate Planning and Family Law
for
Georgia
on
Answered on Jun 11, 2018
Answered on Jun 11, 2018
P. Justin Thrailkill's answer
POA dies with the person. In order to administer an estate your niece has to petition to probate the estate. Talk to an attorney to discuss this in more detail and to discuss your options if something has been filed.
POA dies with the person. In order to administer an estate your niece has to petition to probate the estate. Talk to an attorney to discuss this in more detail and to discuss your options if something has been filed.
Q: Given permission to use and store tools in someone's garage. Now he says he has thrown them away. Need legal advice.
Kiele Linroth Pace's answer
You might be able to sue him in small claims court, but this does not sound like a matter of criminal law unless there was some way to show this was his plan all along.
You might be able to sue him in small claims court, but this does not sound like a matter of criminal law unless there was some way to show this was his plan all along.
Q: Do I have any recourse when the seller did not maintain the property, specifically the pool, during the contract period?
Alex McClure's answer
Maybe, but you will have to consider the cost to simply deal with these issues on your own versus the cost of fighting over it for what could be weeks or months.
If its ongoing and will be for some time, by all means take the issue up with the seller/sellers agent and your agent to come to some type of resolution.
Maybe, but you will have to consider the cost to simply deal with these issues on your own versus the cost of fighting over it for what could be weeks or months.
If its ongoing and will be for some time, by all means take the issue up with the seller/sellers agent and your agent to come to some type of resolution.
Q: Can we get rid of personal items that someone left on our property for years? (not tenant, no money exchanged
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant and Small Claims
for
Maryland
on
Answered on Jun 8, 2018
Answered on Jun 8, 2018
Mark Oakley's answer
Yes, it's abandoned property. Do what you like with it. Sell it to defray the inconvenience and fair rental value of storing it beyond the agreed time period. If you want to really play it safe against any potential claim she may make, wait the 30 days notice you give in your non-certified letter. Require her to contact you and make mutually acceptable arrangements for a date and time to clear the items out, and state clearly that you will dispose of all the items if they remain past 30...
Yes, it's abandoned property. Do what you like with it. Sell it to defray the inconvenience and fair rental value of storing it beyond the agreed time period. If you want to really play it safe against any potential claim she may make, wait the 30 days notice you give in your non-certified letter. Require her to contact you and make mutually acceptable arrangements for a date and time to clear the items out, and state clearly that you will dispose of all the items if they remain past 30...
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