Civil Litigation Questions & Answers

Q: If father precedes step mom in death. When my step mom passes as his sole heir, can father family be excluded as heirs?

1 Answer | Asked in Civil Litigation and Estate Planning for Florida on
Answered on Aug 13, 2018
Terrence H Thorgaard's answer
Yes, if he was not the subject of undue influence, and if he was mentally competent when he made his will, he could, if it was done properly, disinherit children and other family members.

Q: Is there anything my mom can do to kick out her boyfriend who is on the lease? Without paying thousands.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Answered on Aug 13, 2018
Charles M. Baron's answer
Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.

Q: Animal services is trying to euthanize my dog. I need to file something to get a Writ of Mandate to stop the euthanasia

2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Answered on Aug 12, 2018
Eric Gene Young's answer
As a dog lover myself with two rescues, I am truly sorry you are experiencing this. The first thing you need to do is to contact animal services and request an administrative hearing. Most every city or county gives an opportunity for a hearing before they euthanize a companion canine. Your request should be made in writing, and it should be hand-delivered, faxed, or emailed. If you hand deliver it, get a receipt or some sort of writing to evidence that you delivered it. In the written...

Q: I recieved a check from Craigslist for a job opportunity. opened a bank account with that check.

1 Answer | Asked in Banking, Civil Litigation and Criminal Law for Tennessee on
Answered on Aug 11, 2018
Mr. Kent Thomas Jones Esq.'s answer
If you receive a check from an unknow force, don't take any money from it until it clears the bank.

Q: Divorce was final in 2009. I filed quit claim deed per the judgment. My ex was supposed to re-finance. He didn’t.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
You could sue to cancel the false loan modification application, but you would still be liable on the original mortgage note. So, unless the terms of the loan as modified are tougher than the original loan terms, there wouldn't be any point in suing.

The problem with the original divorce terms is that, even if he were to file for a modification, there is no guarantee he would get one (particularly in 2009). You shouldn't have been required to quitclaim your interest to him until...

Q: I called a company to deliver 8 tons of cheap gravel for $130. When they arrived, they claimed it was $130 per ton.$1024

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Answered on Aug 9, 2018
F. Paul Maloof's answer
If you took the delivery and signed for it, you are obligated to pay for it.

Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go

1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Answered on Aug 9, 2018
F. Paul Maloof's answer
If you mean: $40,000 you should contact the FBI.

Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on
Answered on Aug 8, 2018
Michael David Siegel's answer
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

Q: I was served alcohol before I signed a mediation agreement that was served to me by the opposing counsel.

1 Answer | Asked in Civil Litigation for Texas on
Answered on Aug 8, 2018
Jack Ternan's answer
The opposing attorney should not be speaking to you at all without your attorney being present (with or without alcohol).

Q: E&O

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Aug 8, 2018
Elizabeth Tarasi's answer
E & O claims are difficult. You need clear evidence of the error or omission.

Q: I was a Plaintiff in a Small Claims case in Ohio and I lost. The judge said I didn't have enough evidence.

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
A court can only decide based on evidence and testimony that is properly presented in court and admitted into evidence according to the court's formal rules of evidence. The rules of evidence are posted on-line. The court must comply with those rules. If the plaintiff is not able to submit sufficient evidence that is admissible to prove the claim, or doesn't know how to get the evidence admitted, then the plaintiff cannot win - and there might not be any grounds for a successful objection....

Q: I have a court ordered for spousal support. My X hasn't paid over a year. How do I collect? I don't have $ for attorney.

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for California on
Answered on Aug 6, 2018
Sabi Mand's answer
First you need to get a judgment and then there are various ways to collect court ordered spousal support such as wage garnishment, bank account levy, seizing property/assets. You should contact your county bar association and they might have a volunteer attorney program where someone can help you free of cost.

Q: MY WIFE of 20 years is trying to bring her 29 year old daughter, who is 5150 with drug, and violence problems into our

1 Answer | Asked in Civil Litigation and Domestic Violence for California on
Answered on Aug 6, 2018
Dale S. Gribow's answer
need more info

i would suggest calling the police for courtesy supervision so that they are there when she arrives and in order to avoid a situation.

This is something you have to work out with your spouse. Understandably she does not want to abandon her daughter, but she must recognize the history that has developed b/c of her daughter.

maybe you have to suggest you live apart until this issue is resolved.

Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?

2 Answers | Asked in Civil Litigation and Collections for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Normally not, unless he has transferred assets to you to avoid collection. In that case, the court could allow the creditor to trace his assets that went to you and to attach them for collection. The creditor also could obtain financial records from both of you to determine if any transfers happened and the dates of transfers.

Q: Can I amend lawsuit that's been filed already and get a default judgment?

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Answered on Aug 6, 2018
Terrence H Thorgaard's answer
You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.

Q: If my lease on a house was up on the 1st of August how long do I have before I have to leave?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Aug 5, 2018
F. Paul Maloof's answer
If the court granted possession of the premises to the landlord on August 1st, the tenant has 10 days from that date to vacate the premises before a writ of eviction can be applied for.

Q: I was wondering if i have a case with Dominos for making me wait 3 hours for my food delivery. Also more to story.

1 Answer | Asked in Civil Litigation and Products Liability for Pennsylvania on
Answered on Aug 4, 2018
Elizabeth Tarasi's answer
In a products liability case you need to have a duty, breach of the duty and damages. I’m not sure if pizza delivery gives rise to a duty. What are your damages? You would have to have damages in the six figure area to warrant the expense of litigation.

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