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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Virginia on
Q: My HOA BOD has vacancies, has not held meetings or elections in 12 months. What are my options?

We have a Assoc. management company that takes us for granted and does the minimal required work. Last election saw a "coup" by several BOD members who rarely showed up for meetings. Two board members resigned in protest and the positions were not filled, despite two people who stood for... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 14, 2020

The HOA's Bylaws should provide you with the available options in a situation like you described.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Texas on
Q: Can you fire your court appointed attorney. Can the jail with hold your mail

My fiancé is incarcerated in the Atacosta County Jail. He feels as if his lawyers isn't helping home and tried to fire him. His court date was 8/12/2020 And they denied that motion. I sent him a letter about three weeks ago and he hasn't received it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 14, 2020

He can hire a different attorney to substitute in and take over the case if it is not too close to trial. However, he can't just fire the attorney and expect the court to appoint someone else instead.

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: What can I do when executor is running up expenses?

My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... Read more »

Jack T. Carney
Jack T. Carney answered on Aug 14, 2020

I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... Read more »

2 Answers | Asked in Civil Litigation for New York on
Q: i sold my cat to someone on craigslist and asked for her back do they Return her since i am offering their money back?

I rehomed my 11 month old kitten shadow on craigslist . I am asking the person i sold it to for her to return her . I told her i would give her , her money back plus $60 extra dollars. She said she would return her for the money but now she is refusing to give her back. I havent given her the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

It could depend on whether the two of you entered into a valid contract. If you satisfied the elements of a contract, in terms of an offer, acceptance and consideration, and there is proof of that, that could memorialize a done deal. But it looks like you have subsequent communications that might... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: What is the statute of limitations on a settlement agreement as a result of a warrant in debt in Virginia?

I was sued almost 20 years ago for damages related to an auto accident. I made a settlement agreement with them in court, made large initial payment, and had to make payments over time, but I lost the paperwork and forgot about it after a few years. It's now been about 18 years since a payment... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 13, 2020

In Virginia, the statute of limitations on a written agreement is 5 years and 3 years on an oral agreement.

1 Answer | Asked in Civil Litigation for Idaho on
Q: Does this mean no Motion for Summary Judgement will be allowed by either party?

I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".

Two hearings set for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 13, 2020

It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

Anthony M. Avery
Anthony M. Avery answered on Aug 13, 2020

Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor.... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2020

Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: What law is paternal right never dismissed

If workin and sober right never are taken head of household

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 12, 2020

It is unclear what your question is. Generally speaking, parental rights can be terminated under certain circumstances and conditions. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you well.

-The Upshaw Law Firm, LLC. (770) 240-0922.

1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for California on
Q: Is it true that I can move out at 16 without consent and not get forcefully brought back home ? In California
Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2020

Not unless you file a petition to become emancipated. If your parents do not consent to your emancipation after you turn 14, then you must file a petition with the court in the county where you live (in your case that would be Los Angeles County Superior Court). You can learn all about this by... Read more »

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1 Answer | Asked in Civil Litigation and Personal Injury for California on
Q: How much am I responsible for? Why wont my Homeowners insurance pay for it.? He gets unemployment. Do i pay lost wages?

I’m a home owner. My roommate stepped on my dog and fell in the hallway , injured his shoulder. He is 56 yrs old. He’s been getting medical Treatment for several months.Now he needs surgery. He has Medi-Cal.He can’t find a Doctor Who will do his surgery on Medi-Cal. Do I pay for it I’m a... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 11, 2020

Tricky issues in this case. You need to consult with a home insurance expert not a personal injury kawyer. If a stranger had stepped in your dog and gotten injured, there ya no doubt in my mind that your insurance company would have paid for the victim’injuries; however , because he is a... Read more »

1 Answer | Asked in Civil Litigation and Tax Law for Ohio on
Q: In Ohio. I just received a wage garnishment from the court for back taxes.

In Ohio. I just received a wage garnishment from the court (which I was unaware of since it was back in 2017). Can I still try to make a payment with the creditor or will I have to go to court for my hearing to ask? The creditor was Attorney general. I don't have the money to pay this... Read more »

Matthew Williams
Matthew Williams answered on Aug 11, 2020

If you want to work it out with the Attorney General's representative, you better start discussing it with them. If you wait until court, they will probably just go for the garnishment and get it.

2 Answers | Asked in Civil Litigation for Ohio on
Q: had a dept with a company and they charged it off and then sold it to another company can that company take you court

original dept 2014, charged off 2017. Not sure when it was sold but started receiving random calls in 2020. What be considered proof of debt? If proof of debt is provided, can they take you to court.

Matthew Williams
Matthew Williams answered on Aug 11, 2020

Ask them for proof of the debt. The FDCPA requires they provide this upon request. Many third party debt collectors don't have it and will give up.

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1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Animal / Dog Law for Virginia on
Q: Does a lease voids when the home is sold in VA? I signed the lease in 2007 and it stated nothing about not having pets

On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 11, 2020

Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mother in law passed, man she had been with for years (separated/changed address about 1 month before she died) broke in

He has not lived there in over a month, and has never paid a bill there, and they were not married. We are pretty sure he broke in and took some of her property. What legal recourse do we have if any? Police told us "that's technically still his house." So nothing they could do. Also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

The Next Of Kin can sue him General Sessions Court for Conversion. It will be difficult to recover a Judgment however.

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Civil Rights for Kentucky on
Q: Can my mother in law sue me for slander when my toddler accused her of touches his private parts?

All I did was confront her and took him to go get looked at by a doctor. Didn't say she did it or anything, just asked her why he would be saying things like that. They live in Wisconsin and we live in Kentucky

Timothy Denison
Timothy Denison answered on Aug 11, 2020

No. You took the appropriate action.

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