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Civil Litigation Questions & Answers

1 Answer | Asked in Personal Injury and Civil Litigation on

Q: Is there a legal term or case law pertaining to breach of fiduciary duties under a confidential joint tortfeasor release

pertaining to a personal injury case that went through the Pennsylvania courts

Peter N. Munsing answered on Aug 24, 2019

Not sure what you are claiming was breached, and how, so we can't answer that other than to say "in some cases yes, in some cases no."

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on

Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Federal Crimes on

Q: if an american is victim of terrorism abroad, also national of terrorist country does he have right to fbi protection

and does the us emassy hav right to decline protection investigation fbi aledging hes submitted to jurisd of that terrorist gov despite the american has exhausted domestic remedies justice in terrorist c.

Peter N. Munsing answered on Aug 24, 2019

FBI does not act abroad.

FBI does not provide protection.

Embassy is not required to investigate items such as this.

If you are in that country it might make sense to relocate.

1 Answer | Asked in Civil Litigation for California on

Q: Former roommate holding personal items from me saying I owe him money when he signed me off the lease of an apartment.

Joseph Franklin Klatt answered on Aug 24, 2019

I'm not sure what the question is, but whether you owe him money or not does not give him the right to hold your personal effects hostage.

1 Answer | Asked in Civil Litigation for California on

Q: Define what "last date of activity" on a statute of limitations encompasses.

Several years ago a doctor billed me erroneously. His office refused to adjust the bill. The bill went to collections. I would like a detailed explanation as to how the last date of activity is defined as it relates to the stature of limitations. I have found a general description, but am... Read more »

Joseph Franklin Klatt answered on Aug 24, 2019

No one can give you a detailed explanation of the statute of limitations without knowing the details of your situation. There are multiple causes of action that can be used against you in a collections situation, including breach of contract, and common counts, such as "open book account."... Read more »

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Nevada on

Q: Is it illegal to post an ad on a dating app of an ex saying this person uses drugs and lies to manipulate people.

The photo from that person’s dating profile would be used in this hypothetical. The statements are true.

Bruce Alexander Minnick answered on Aug 24, 2019

Yes, it is illegal--at least in the sense of possibly being defamatory, which is actionable in most if not all states. However, truth is usually an absolute defense in most if not all states too. Practically speaking, no lawyer would ever advise any client to go online in a public forum to do what... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: While it's legal to have an audible alarm system as an anti-theft device. Is it legal to sound the horn to engage?

Neighbors truck is early nineties. The horn is full, not muted like todays cars

It's loud. I can hear it inside my house and when outside it's completely disturbing. I ask him to just use his key to lock his door he says the alarm won't set if he does that

Joseph Franklin Klatt answered on Aug 24, 2019

Depending on where you live, and the time of day or night this is happening, he may be in violation of local noise ordinances. I will say however, that if you report him, you may not get a lot of sympathy. Local enforcement may just take it as a trivial complaint between neighbors that don't get... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: Am being sued & a judgement was made against me for not showing but was unaware of lawsuit. Not responsible for debt

Am being sued for Breach of Contract but i have nothing to do with the loan agreement between my ex boyfriend & his mother. I signed as a witness only & was never any kind of business partner with my exboyfriend (co-defendant). A judgement was made against me for not showing up because i didn't... Read more »

Joseph Franklin Klatt answered on Aug 24, 2019

You can move to set aside a default judgment under Code of Civil Procedure 473(b) for "mistake, inadvertence, surprise, or excusable neglect" but the outside time limit to do so is six months. After that time, the Court has no power to entertain the motion. That you say you are "trying to file"... Read more »

2 Answers | Asked in Civil Litigation for North Carolina on

Q: Can you file criminal charges on someone falsely accuse you of drug dependence ?

Tim Akpinar answered on Aug 23, 2019

Ordinarily, such an accusation would be considered a civil wrong. If verbal, it is slander. If it is in writing, it is libel. You could consult with an attorney who handles defamation cases, but keep in mind that such civil tort cases are not necessarily handled on a contingency basis the way... Read more »

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1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on

Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for Arizona on

Q: I need to know what can I do my ex friend has done slander, threats, releasing my medical history, cyber harassing me

I have evidence and videos with proof of her saying all of this

Peter H. Westby answered on Aug 22, 2019

You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the... Read more »

1 Answer | Asked in Civil Litigation for Michigan on

Q: Is there such thing as stalking a public figure?

I was charged with stalking a Superintendent of a public school. Pled no contest due to mistreatment in jail. I was wondering if this is even a fair charge or if I am protected due to free speech? I have a civil case against the Superintendent and if I win will I be able to introduce that as new... Read more »

Brent T. Geers answered on Aug 22, 2019

Yes, you certainly can be charged criminally for stalking public figures. It happens with movie stars as well as, apparently, local superintendents. Being a public figure does not remove all notions of privacy. Even constitutional rights have limits. You could show up at school board meetings and... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on

Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and accumulated... Read more »

F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on

Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed pay me... Read more »

Michael David Siegel answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on

Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on

Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases

F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on

Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on

Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

2 Answers | Asked in Consumer Law and Civil Litigation for Texas on

Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin answered on Aug 21, 2019

Sue him

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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on

Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

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