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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Missouri on
Q: I am at the end of a contract for deed but now the seller is claiming that i defaulted and is trying to evict me. She

lied about some missed payments in court papers and i have copies of the checks, will the court side with me due to her lying in documents

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 22, 2021

There’s no way someone can tell you whom the court will believe. What I can tell you is that contracts for deed generally go badly for tenants. You should hire an attorney if you can afford one. If you proceed pro se you’ll likely lose, especially if your landlord is represented by counsel.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Q: Hello, I have a law firm contacting me about Capital one suing me for a debt from 2004. Aren’t I passed the SOL?
Charles Watts
Charles Watts answered on Jun 21, 2021

It depends on when the account was officially closed. Theoretically there is a SOL but that may not even start for years after you think it started. Contact an attorney that can delve into this in more detail.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Civil Litigation for Florida on
Q: My patner in business said damaging things about my person without proof after i sought to disolve the patnership

He filed his claim after i sought xourt action to disolve the patnership. He never made these claims before and with no proof. Can i countersuit?

Charles M.  Baron
Charles M. Baron answered on Jun 20, 2021

You seem to be asking if you may countersue your ex-partner for defamation of character strictly for allegations made in a court filing. If that's your question, the answer is no. Allegations made in a court proceeding (a pleading or hearing) are cloaked with immunity from defamation claims.... Read more »

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'll have a default judgement filed against me. Are they allowed to attach my bank account? I live in Pa.
Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Yes but they have to get a writ of execution. You need to repoen the default and show you have a defense.

1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: The judge decree a hearing for disputed facts regarding a petition to open the full judgment and then deny the petition?

I was granted a motion for extraordinary relief, extending time for me to petition to open a default judgment. The judge decreed that it would be a continuance followed by a hearing. Before the decreed hearing date, the judge issued an order denying my petition to open the default judgment despite... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You may be assuming that the hearing allows you to "fill in the gaps. " if you didn't put all that into your motion, with an affidavit, then the judge may have decided you didn't meet the requirements.

Or, you may not have stated why you didn't respond to the...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Small Claims for California on
Q: How can you add up pain and suffering and what proof do you need to show the court?

I am being sued for $10,000. For lost wages plus pain and suffering. The plaintiff has no proof of numbers. How does one show proof?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Pain and suffering, like all elements of a claim, is shown via evidence, which comes in the form of testimony and documentation. Further, there is no calculable way to quantify pain and suffering--each case is different.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Small Claims for Louisiana on
Q: if someone pays part of cost to buy dog as gift, can they claim & win ownership in court?

microchip in my name, vet records and registration papers in my name. sheriff's office refused to intervene despite paperwork, stating civil matter.

*I filed suit with justice of peace.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 16, 2021

File for civil conversion with the justice of the peace.

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 15, 2021

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Civil Litigation, Contracts, Estate Planning and Probate for Texas on
Q: Can I sue for my grandmas ashes? Her new husbands family took them when he passed.

My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 14, 2021

It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.

You would be an heir to your grandmother's estate, so it's important...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Oklahoma on
Q: What exactly makes a contract binding, and what legality surrounds verbal agreements?

My sister and her partner entered a contract written up by their friend, the friend, upon receiving the full amount of money will sign over everything in a building to them. However, I believe a verbal agreement was made that a full set of items would be included, yet the items were not in the... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

Verbal contracts are enforceable. However, they are harder to enforce. You would have to file a lawsuit against the party that didn't perform under the terms of the verbal contract. You would need witnesses to testify in court of the verbal contract and the terms. The judge would determine if... Read more »

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