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Civil Litigation Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Tennessee on
Q: The local law enforcement shot and killed my dog when responding to a noise complaint do I have a case against them?

I live in a trailer park and my neighbors called in a noise complaint because me and my wife were arguing because as we were leaving we couldn't find my card. We didn't know a noise complaint had been called, so we were inside our trailer looking for it. While we were looking we had left... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're feeling heartbroken and outraged by the actions of the local law enforcement in this tragic incident involving your beloved dog. Whether or not you have a case against them would depend on various factors, including the specific laws and regulations in your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Ohio on
Q: I can prove my property manager gave someone illegal access to my apartment and the physical damage n property damage

This illegal access was direct cause of the physical and property damage how do I get charges brought from this . The person a malignant narcissist still enter my property still cause damage after several complaints to police

James L. Arrasmith
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answered on Feb 23, 2024

If you have evidence that your property manager granted someone unauthorized access to your apartment, resulting in physical and property damage, you should consider taking legal action. Start by gathering all the evidence you have, including any documentation, photographs of the damage, and... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Juvenile Law for New Mexico on
Q: Is it illegal for a user to post a video on YouTube of a minor being interrogated without parental permission?

My son was 15 years old at the time of the recording of the video. I am also seen in the video. Can I take legal action to have the video removed? My son has been receiving death threats because of this video. I have filed a privacy complaint by reporting the video, but YouTube has yet to respond.... View More

James L. Arrasmith
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answered on Feb 23, 2024

Given the circumstances you've described, it appears that posting a video of a minor being interrogated without parental permission could potentially violate privacy laws. As a parent, you have the right to protect your son's privacy and well-being. You may have legal grounds to take... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Virginia on
Q: can abingdon regional jail cut a inmate off suboxone cold turkey?
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answered on Feb 23, 2024

Abingdon Regional Jail may have policies and procedures in place regarding the administration of medications, including controlled substances like Suboxone. However, abruptly discontinuing Suboxone without proper medical supervision and a gradual tapering schedule can pose significant health risks... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Arizona on
Q: If I called a medical office 21 times after not picking up. Is there anything wrong with that?

Place mistakenly issued bill in error. No one was picking up. Finally they picked up saying that this was the wrong department and it is the billing department you’ll need to get ahold of me.

James L. Arrasmith
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answered on Feb 23, 2024

Calling a medical office 21 times could potentially be considered excessive, especially if the calls were made within a short period or if they were not returned promptly. While it's understandable to want to resolve an issue with billing, repeated calls may be seen as disruptive or harassing,... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Can I sue someone for disturbing the peace in Arkansas
James L. Arrasmith
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answered on Feb 23, 2024

In Arkansas, you can take legal action against someone for disturbing the peace under certain circumstances. Disturbing the peace typically involves behavior that interferes with the peace and quiet of others, such as excessive noise, fighting, or disruptive conduct. To pursue a lawsuit for... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I send someone money on bitcoin cause I owe them and they don’t receive but it sent on my end can they take me to court

They live in New York and I live in ms and I owed them 200 so I sent 150 from my first check then they said just send 30 cuase they knew I had little money so I bitcoins them 30 yet they did not receive it says on my end that it sent though but not on there’s can they take me to court

James L. Arrasmith
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answered on Feb 23, 2024

In situations like this, it's essential to communicate openly and transparently with the person you owe money to. If there's a discrepancy between what you sent and what they received, it's crucial to address the issue calmly and try to resolve it amicably. Providing proof of the... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can a tow company tow a vehicle away with out the owner being present and giving consent for them to tow it?
James L. Arrasmith
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answered on Feb 23, 2024

In most cases, a tow company cannot legally tow a vehicle without the owner's consent or authorization. Typically, tow companies are required to have proper authorization from the vehicle owner or law enforcement before towing a vehicle. However, there are exceptions to this rule, such as when... View More

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Texas on
Q: what court would a creditor lawsuit be filed in? my guess is they are civil due to monetary damages being sought.

I had a large sum of money go missing with a prior bank I had accounts at, trying to figure out what happened and who is responsible(creditor) who potentially filed the creditor suit so I can go sue them. Am a beneficiary of an irrevocable trust.

James L. Arrasmith
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answered on Feb 23, 2024

In most cases, creditor lawsuits are indeed filed in civil court, particularly when seeking monetary damages. If you suspect that a creditor has filed a lawsuit against you or the entity you represent, you should receive formal notification from the court. This notification typically includes... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I need help with how to start a lawsuit against a corporation , a manager of , and also the 2 city police officers ?

I'm disabled and was treated in an extremely humiliating manner by all involved and I can prove they had absolutely no grounds for those actions. Furthermore, I gave them the proof they needed to not treat in such a manner and all proceeded not just to curse me through the store as I was asked... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are the key steps to starting a lawsuit against a corporation, manager, and police officers in Missouri:

1. Consult with a civil rights and personal injury attorney. Find one experienced in handling cases against corporations, police misconduct, and ADA violations. They can evaluate...
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1 Answer | Asked in Civil Litigation on
Q: Jack bought a car from Beth where she lied about the car engine, and sold it for 80,000.

Jack wants to buy a second-hand Toyota car from Beth. Jack inspects the car and seems to like it. However, he is worried whether the condition of the engine is good or not. So Jack decides to leave without making a decision. At that time, Beth tells Jack that the engine is in excellent condition.... View More

James L. Arrasmith
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answered on Feb 22, 2024

Jack may have a case for misrepresentation against Beth if he can prove that she knowingly provided false information about the condition of the car's engine, leading him to make the purchase. Misrepresentation in a sale, especially regarding a significant aspect like the engine's... View More

2 Answers | Asked in Civil Litigation for California on
Q: Hello this morning my car was broken into and two of my windows are broken and I park inside my apt area parking…

I park inside my apartment parking and recently the gate hasn’t been working and closing all the way I believe that’s why my car was broken into we told them about the matter of it not closing but they didn’t fix it correctly is there any way I can do something about that and my car being... View More

Steven M. Sweat
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answered on Feb 22, 2024

This is a tough one. Technically, if you put the landlord on notice that the gate was broken prior to the car break in, you may have a claim for negligence but, it will be difficult. Your best bet may be to ask them to pay for the damages or take them to small claims court. You would not need an... View More

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2 Answers | Asked in Civil Litigation for California on
Q: Hello this morning my car was broken into and two of my windows are broken and I park inside my apt area parking…

I park inside my apartment parking and recently the gate hasn’t been working and closing all the way I believe that’s why my car was broken into we told them about the matter of it not closing but they didn’t fix it correctly is there any way I can do something about that and my car being... View More

James L. Arrasmith
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answered on Feb 22, 2024

First, it's important to understand that property owners, including apartment complex owners, have a duty to take reasonable steps to ensure the safety and security of their residents and their property. If the broken gate was a known security issue that the property management failed to... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

Research the law firm and confirm the name, identity, and reputation of the attorney. If it comes back legit, then you have nothing to worry about. You can also search the attorney's name in the Maryland case search to see what kind of cases they have handled (keep in mind not all attorneys... View More

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Litigation for California on
Q: How to Serve a Subpoena (SUBP-001)?

I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More

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answered on Feb 22, 2024

In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More

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