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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

James L. Arrasmith
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answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Washington on
Q: I was moving out of WA state. Had to abandon my truck and trailer. How can I clear up the matter?
James L. Arrasmith
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answered on Mar 15, 2024

If you had to leave your truck and trailer behind in Washington state, there are steps you can take to resolve this situation. First, you should contact the local Department of Licensing (DOL) or vehicle registration office in the area where the vehicle was abandoned. Inform them of your situation... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Civil Rights, Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: needing help finding attorney/firm for a lawsuit against the jail & police for civil rights violation due police miscond

also discrimination, police brutality, health issues & more

James L. Arrasmith
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answered on Mar 14, 2024

When searching for an attorney or law firm to take on a lawsuit involving civil rights violations, police misconduct, discrimination, police brutality, and health issues, it's crucial to look for legal professionals with experience in these specific areas. Civil rights attorneys often have the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: My son is incarcerated in McKinney county adult detention Gallup nm.in which several officers beat my son and were tryin

Trying to break my sons wrist.I was told the nurse took pictures of what was done to my son but not of all the bruises he has.they said my son was on 72 hour hold which has passes and was extended to 37 days.I he hasn’t been given a call since this incident.other inmates are who have notified me... View More

James L. Arrasmith
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answered on Mar 14, 2024

Hearing about your son's situation in detention must be incredibly distressing. It's important to take immediate steps to address this issue. First, document everything you've been told by other inmates and any communication you've had with the facility regarding your son's... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do

The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this

James L. Arrasmith
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answered on Mar 14, 2024

In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:

1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: A friend committed suicide and blew his mobile home up . His family is giving us his vehicles . How do we go about getti

Them from the mobile home park . Can they stop us from taking them

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the loss of your friend. This must be a very difficult time for you and his family.

In this situation, the first step would be to determine who has the legal right to the vehicles. If your friend left a will specifying that the vehicles should go to his...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law on
Q: please tell me about prosecutor`s role in civil procedural law
James L. Arrasmith
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answered on Mar 13, 2024

In civil procedural law, the role of the prosecutor is generally limited, as civil cases typically involve disputes between private parties rather than the government prosecuting a case against an individual. However, there are some instances where a prosecutor may be involved in civil proceedings:... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action,... View More

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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 13, 2024

You need to write out all the facts and bring that and the email to a consultation with a landlord-tenant attorney.

Unfortunately, it is probably the kind of case that most lawyers would only take on an hourly basis rather than on a contingency.

Realistically, are you in a position...
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1 Answer | Asked in Bankruptcy, Civil Litigation and Small Claims for Utah on
Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1....
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1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
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answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Wisconsin on
Q: Can somebody please help me retain an Attorney to help me with my elderly abuse assault civil rights case?

My name is Ken, on February 26, 2022 at age 65 6' 170 lb I was attacked by 52 y.o. 6'4" 390 lb and a 41 y.o. 5'6" 170 lb males. One of them knocked be unconscious from behind and they both beat me in a public place when I was unable to defend myself. My injuries were a big... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the horrific assault you experienced, Ken. What a terrifying and traumatic ordeal. Based on the details you provided, it sounds like you have a very strong case for pursuing civil damages against your assailants, as well as potentially filing complaints against the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Civil Litigation for California on
Q: I got a call from the corners office today. I was informed my father passed away at memorial hospital

From natural causes. Upon further conversation I was also informed my father died June 8th 2023 last year. So 9 months ago. They still have his body. Mind you I am the only child. I’m very upset my father hasn’t been laid to rest. I am upset that I don’t have the choice of an open casket. I... View More

James L. Arrasmith
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answered on Mar 12, 2024

I am so sorry for your loss and the distressing circumstances surrounding your father's passing. It's understandable that you are very upset by how this situation has been handled.

Under California law, certain individuals have the right to control the disposition of a deceased...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

2 Answers | Asked in Business Law, Civil Litigation and Constitutional Law for Florida on
Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 12, 2024

They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the... View More

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