Your current state is Virginia
It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »
Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »
We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »
You should consult with your existing lawyers re how best to proceed.
There demands are to much for me to pay and in trying to do so I'm now being threatened with forclosure and have been doing without some of my heart medicine. I'm 65 years old and live on $870.00 per month. Now they are trying to force me to let them on my property. At the first hearing... Read more »
You need to ask a question.
Usually either party can proffer their own version of a proposed judgment. The Judge does not have to use it, but may sign it, especially if there is no opposition from the other side. Sometimes the Judge announces he will draft and enter his own Judgment. Rule 59 Motions can be made to alter... Read more »
You should discuss it with your attorney.
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would... Read more »
I filed a civil case in NY against an individual and a corporation (corporation A) . The individual claims to have been acting as an agent of corporation A, but the emails authorizing my activities reflect that he was a President of another corporation (corporation B). I want to name (B) now as... Read more »
I assume you mean a Trial date. It is virtually impossible to add a defendant after all discovery has taken place. There is a small possibility, namely, if you only just discovered the new defendant and can make an argument that prior to now, it was impossible to know that the additional defendant... Read more »
I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »
There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.
As for all other issues you raise, the two of you... Read more »
I really need help and my attorney doesnt do anything. My ex is claiming terrible thing in writing about my minor child and filing false police reports against me to make me look bad to our judge. He and his wife are in contempt of several orders, my attorney wont bring the evidence.
Where... Read more »
The St. Louis County Circuit Court’s webpage has some common forms online. A defamation petition is not common nor something that pro se litigants generally file and successfully litigate. For example, do you know the essential elements of a defamation cause of action in Missouri? The... Read more »
Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »
He has filed a claim as if he had o responsibility, even tho our contract says different
Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »
Is it two separate cases or one?the hospital gave my PHI TO A person acting as POA AND IT WAS USED FOR ILLEGAL PURPOSE.
You really need to state a meaningful question without any abbreviations (which cannot be specifically identified.
We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »
My heart goes out to you. It sounds like you're in a very difficult position.
The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency... Read more »
Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... Read more »
You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.
I had a lien filed against me for a judgement against just me (not spouse). My home is held a Tenancy by The Entirety with spouse. The judgement holder tried to foreclose on my "survivorship interest", which went nowhere. Do I have to pay this to sell my house or is there some workaround?... Read more »
You interest could possibly be executed upon. Most buyers will not take your title however. Judgment Liens are good for ten years from date of Judgment, unless extended, which happens frequently. Even it the Lien lapses, it will still be in your title unless the creditor or a court removes it.... Read more »
I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... Read more »
Significiantly more information is required for a meaningful answer.
Estimates have been provided to the court but no money judgement has been made yet. case has been going for 2 1/2 years now and now more damage has been done to property. Recently filed a motion which was scheduled to be heard 010722 but as of today, no ruling yet. Motion asked that the court... Read more »
More facts are necessary for a more meaningful answer. The question is also not clear. If you do not know how to enforce a judgment, you are going to need to retain an experienced civil litigation attorney, if it is cost effective.
In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand
No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely... Read more »
I will do my best to keep this brief yet concise. I have primary residential custody of 4 children who were the product of a previous marriage. I remarried and we live in Jackson County MO.The divorce and custody agreement were filed in Leavenworth County KS. There is an open child abuse... Read more »
It’s unclear what relief you seek. Small claims court is only for money damages. Okay you seek injunctive relief, such as an order into remove the defamatory statements, you cannot get such relief in small claims court.
Whether you hire an attorney to sue will depend largely on whether... Read more »
Police is that legal? She gifted it to me and now I’m being told that if I don’t return it she will get the police involved and use my phone records.
This question depends on the nature of the transfer. If she truly gifted it to you, there is an argument it is yours. If she merely intended for you to use it, then it may still be hers. But, as the owner of the plan she likely has an undisputed ability to suspend phones she pays for.
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