Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: Can a collection agency file default even after a response was filed w/court and served? Next step? Dismissal?
Vernon Charles Tucker's answer
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.
I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...
I would need more information to give you an exact answer. Like how long has it been since you heard something on the case? Are you checking the courts website in regards to the register of actions? Was the default received stamped by the court that you received or was it a mere copy provided by opposing counsel.
I would check the court's register of actions with the case number and see what is going on. If you are sure you filed an answer then there should be no reason you received a...
Q: In NY, if a client is leaving one attorney for another attorney, is the client entitled to their case file?
Michael David Siegel's answer
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
If there is a bill outstanding, you get nothing without a court order. You do not get attorney notes and internal memos, but you get all pleadings, letters, emails, and discovery materials. The attorney will hand it over when someone else appears in the case for you.
Q: I have an injunction on me from an ex-girlfriend/coworker. Am I in violation if I talk to people about it at work?
Terrence H Thorgaard's answer
Assuming the injunction only prohibits you from contacting her or going near her, no, you would not be in violation for talking to others about it. But to be sure, read the injunction.
Assuming the injunction only prohibits you from contacting her or going near her, no, you would not be in violation for talking to others about it. But to be sure, read the injunction.
Q: I am currently having my wadges garnished at 15% per pay period for Restitution from a case in 1999 in Ohio. I have been
Leonard R. Boyer's answer
There is no way to change it. You need to file a Chapter 13 bankruptcy and pay it off over a 60 month period of time. This may make your payments more manageable. But it is expressly not dischargable in bankruptcy.Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
There is no way to change it. You need to file a Chapter 13 bankruptcy and pay it off over a 60 month period of time. This may make your payments more manageable. But it is expressly not dischargable in bankruptcy.Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: I received a settlement from my former employer through litigation for wrongful termination.I received a w2 for the
D. Mathew Blackburn's answer
You report the 1099-Misc on your return and create a counter entry reducing the amount and add a note stating that the income was reported as a W-2.
Keep all your records. There's a very high chance you'll receive a letter from the IRS in 2 - 2.8 years adding the 1099-Misc back in as income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....
You report the 1099-Misc on your return and create a counter entry reducing the amount and add a note stating that the income was reported as a W-2.
Keep all your records. There's a very high chance you'll receive a letter from the IRS in 2 - 2.8 years adding the 1099-Misc back in as income an stating you owe back taxes, interest, and penalties. Then you'll have to provide the documentary evidence showing that you filed your return correctly and the IRS doesn't know what it's doing....
Q: Services completed, texts to prove that the insurance money was collected by the customer but they wont pay. Over months
1 Answer
| Asked
in
Business Law, Civil Litigation, Collections and Contracts
for
Florida
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Griffin Klema's answer
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
The fact that the customer was paid money by the insurance company doesn't really affect your rights to collect payment for services you rendered. Because the services were made on a property, you may be able to file a lien (a Florida construction lawyer may be able to answer that specific question). Otherwise you could file suit against the customer to enforce the contract. A good trial attorney with experience in business contracts should be able to help. Good luck!
Q: I just received letter from attorney about difference on loan from 2002. What domI do foe exemption?
Griffin Klema's answer
Your question is difficult to answer without more specifics. I recommend seeking out an initial consultation with a lawyer who can review the letter you received, and evaluate what the issues are with you confidentially. Many lawyers will offer you a few minutes to evaluate your legal matter for free. Good luck!
Your question is difficult to answer without more specifics. I recommend seeking out an initial consultation with a lawyer who can review the letter you received, and evaluate what the issues are with you confidentially. Many lawyers will offer you a few minutes to evaluate your legal matter for free. Good luck!
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
Q: I purchased my car off a mechanic lot that was allowing a person to sell off it, the seller was never there to put on
1 Answer
| Asked
in
Civil Litigation, Contracts, Criminal Law and Appeals / Appellate Law
for
New Jersey
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options
Frank B. Ford's answer
Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a Pre-trial. Make sure that all the issues that are or were keeping you from having a valid license are taken care of, if possible. It is a very good idea to have an attorney helping you with this type of...
Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a Pre-trial. Make sure that all the issues that are or were keeping you from having a valid license are taken care of, if possible. It is a very good idea to have an attorney helping you with this type of...
Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?
Donald C Eby's answer
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.
Q: If the defendant appeals a small claims judgement can I ask for the remainder of the punitive damages be awarded also?
Elizabeth Tarasi's answer
Yes the appeal from small claims is Like you are starting the case from the beginning.
Yes the appeal from small claims is Like you are starting the case from the beginning.
Q: whats the best way to go about the situation I typed under “ More Information”?
Griffin Klema's answer
Assuming you have an issued trademark that arguably causes confusion with the domain you identify, you would have two options: (1) file a UDRP complaint with ICANN or another adjudicating body, or (2) file a lawsuit against the domain owner for trademark infringement, or if you don't know / can't find the domain owner, file suit against the registrar in an in rem action. This isn't something most people can do DIY, and I recommend you get some professional legal help to enforce your rights. If...
Assuming you have an issued trademark that arguably causes confusion with the domain you identify, you would have two options: (1) file a UDRP complaint with ICANN or another adjudicating body, or (2) file a lawsuit against the domain owner for trademark infringement, or if you don't know / can't find the domain owner, file suit against the registrar in an in rem action. This isn't something most people can do DIY, and I recommend you get some professional legal help to enforce your rights. If...
Q: If an office enter a home without a search warrant or probable casue, could he testify and be witness
1 Answer
| Asked
in
Civil Litigation, Criminal Law and Civil Rights
for
Georgia
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
David Edward Boyle's answer
Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.
Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.
Q: regarding false arrest
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: How to collect on federal lawsuit against George W. Hill prison for overcrowded cells
Peter Munsing's answer
Contact the attorneys for the Plaintiffs & /or the Pa. Civil Liberties Union Prison rights project.
Contact the attorneys for the Plaintiffs & /or the Pa. Civil Liberties Union Prison rights project.
Q: Can you sue a county prothonotary and office for not properly filing your court papers for a third time and each time
Peter Munsing's answer
No, they have a qualified immunity. What you need to do is get a receipt and then ask that the filing be deemed of a certain date, nunc pro tunc.
No, they have a qualified immunity. What you need to do is get a receipt and then ask that the filing be deemed of a certain date, nunc pro tunc.
Q: I filed a 1983 while in prison in fla doc. I was release befre my verdic or renderence of...i need to speak to somebody
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Personal Injury and Civil Litigation
for
Florida
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Charles M. Baron's answer
Your inquiry is very vague. Sounds like you filed a Section 1983 civil rights suit while incarcerated complaining of lack of medical attention, which is a valid ground for suit under certain circumstances - but it's hard to tell from your inquiry whether it's ongoing, or a judgment was entered against you. In any event, for this type of case, you need to consult a civil rights attorney, or in the alternative, contact the Florida Justice Institute in Miami, (888)358- 2081, or the Human Rights...
Your inquiry is very vague. Sounds like you filed a Section 1983 civil rights suit while incarcerated complaining of lack of medical attention, which is a valid ground for suit under certain circumstances - but it's hard to tell from your inquiry whether it's ongoing, or a judgment was entered against you. In any event, for this type of case, you need to consult a civil rights attorney, or in the alternative, contact the Florida Justice Institute in Miami, (888)358- 2081, or the Human Rights...
Q: For about 8 months or more, my cell phone was illegaly wiretapped by law enforcement? What can I do? I have proof.
1 Answer
| Asked
in
Antitrust, Civil Litigation, Identity Theft and Personal Injury
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
Suggest you contact the Texas Civil Liberties union and ask for the names of cooperating attorneys near to where you live. You would have to show damages--some are implied, others not.
Suggest you contact the Texas Civil Liberties union and ask for the names of cooperating attorneys near to where you live. You would have to show damages--some are implied, others not.
Q: If an individual travereses on frozen water, do they do so at their own risk?
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Insurance Defense and Municipal Law
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
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