Civil Litigation Questions & Answers

Q: If a person went to jail for domestic violence and battery and my residence this person's house and they have a no

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Answered on May 28, 2017

Your right to remain at that property is based upon your legal status as either an owner of the property or a legal tenant. If you are not an owner or do no have a valid lease. It is my opinion that you can be evicted legally.
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Q: Can a person evict me in fl living in his house if I don't have a lease agreement

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Florida on
Answered on May 28, 2017

Short answer is yes. You can be evicted from a house even if you do not have a signed lease. You do not have a right to live in someone else's property unless they agree for you to remain there.
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Q: My mother passed awayvand left my sister and i 2 homes .now my sister is selling the homes with out my permission.

2 Answers | Asked in Civil Litigation, Probate and Real Estate Law for California on
Answered on May 26, 2017

Probably not, but it depends on all the facts, and the way the properties were left. Did they pass by will or by trust? Was your sister appointed administrator or executrix of the estate? These are things you should discuss with a probate attorney..
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Q: I am in a dispute with my neighbor.

1 Answer | Asked in Civil Litigation for Maryland on
Answered on May 26, 2017

That is a really hard question to answer without more details (which is probably why no one has answered it for you). But if you provide more details, I will try to give you a better answer.
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Q: Is there a specific order I need to file claims if I plan to file a criminal and civil suit against someone who caused

3 Answers | Asked in Civil Litigation for New York on
Answered on May 26, 2017

There is no order to file but most lawyers will want criminal proceedings to conclude before civil proceedings go to trial. But due to statute of limitations you cannot wait to file either.
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Q: Can the County give an infraction to a visitor, even if the visitor is from a U.S. territory?

1 Answer | Asked in DUI / DWI, Civil Litigation and Traffic Tickets for Georgia on
Answered on May 25, 2017

Yes, the county can cite anyone for a traffic infraction, whether they have a driver's license or not, own the car or not, or are here from another country. The fact that they did not know what the law was is not a defense.

www.JudgeCase.com
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Q: the proceeding is my right to recover real property under my rent to own lease, her counter claim is that my lease is

3 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

If she copied and pasted your signature without your consent that does sound alot like fraud to me, but the facts you lay out sounds like she is claiming you committed fraud. Obviously there is a lot more going on here than you have written and a supreme court action concerning real estate almost always gets complicated. Written agreements always prevail in Real Estate, proving fraud is difficult, but not impossible. Best of luck.
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Q: I need to produce inspection of a original lease document. I would like to object, I don't trust the other party,

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

It depends on the type of proceeding and the form of the demand. If you are in a court case, you are going to have to do it.
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Q: Can a county become a defendant in a public nuisance action?

2 Answers | Asked in Civil Litigation, Constitutional Law, Personal Injury and Car Accidents for California on
Answered on May 25, 2017

There may be another remedy, such as taxpayer action, but there is no private right of action for a public nuisance (with a very limited exception). The State may be able to bring such an action against a county, but not a private citizen.
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Q: My ex hasn't kept her end of the shared parenting agreement. Can I get full custody for this?

1 Answer | Asked in Child Custody, Civil Litigation, Divorce and Family Law for Ohio on
Answered on May 25, 2017

You can file a motion with the court asking to change the parenting agreement. The court will consider all the circumstances, and decide if a change is in the best interest of the child. Talk to your divorce attorney or use the Find a Lawyer tab to consult an attorney about the situation.
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Q: Subject Matter Jurisdiction (personal)

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.
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Q: Can a parent sue a school district for retaliatory actions when the parent has exposed violations of law?

3 Answers | Asked in Civil Litigation and Education Law for California on
Answered on May 24, 2017

The school district may be in violation of your daughter's civil rights to an equal educational opportunity for failing to provide for all her educational needs. This is a highly specialized area of law, and you need counsel with experience handling education law issues. In and around the bay area you should be able to find highly capable lawyers or law firms with the expertise to represent your child in such matters. No matter how much you have learned on your own, you will never know as much...
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Q: I have a judgement against someone called a warrant in debt. It was issued in 2003. Can I still collect?

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Answered on May 24, 2017

The answer is "it depends." In Virginia, a judgment on a warrant in debt is good for 10 years in the General District Court. If you recorded a certified copy of the judgment abstract for a small fee of $10.00 in a Circuit Court in Virginia, the judgment's life will be 20 years in the Circuit Court.
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Q: How do I retrieve a vehicle from a mechanic that will not return calls and was prepaid 6 months ago?

1 Answer | Asked in Civil Litigation and Consumer Law for Tennessee on
Answered on May 24, 2017

File a lawsuit- in Tennessee, you can do this in "General Sessions Court" the court clerk may have a form you can use- it would be called something similar to " action to recover personal property" or if they don't have that form, use a "civil warrant" and just describe what you want ( identify the vehicle, make, model, year etc). There will be a fee to be paid at the clerk office when you file and you will need the address of the mechanic so the sheriff can deliver the court papers to him. if...
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Q: If I break my lease and pay the lease termination fee, when is that fee due? In Oregon.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Answered on May 23, 2017

Leases are contracts so the terms of you contract should govern what the consequences are of breaking your lease. If the contract doesn't specify you and your leasing agent should agree on something, but within 30 days would be reasonable, although not necessarily a rule. What you don't want is to drag it out so your leasing agent has to file a law suit which will show up on public records and could hurt your credit even if you eventually pay the fee in full.
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Q: Seeking legal advice on how to protect myself. Got involved with a woman at work and she is threatening to "get revenge"

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for California on
Answered on May 22, 2017

You may want to talk to either your supervisor or someone in HR to explain the situation and to advise that you are now being harassed. You need to consult with someone at work in whom you feel comfortable confiding. But you also need to protect yourself with human resources. Honesty is the best policy. You need to get right both at home and at work. Now you know why work relationships are discouraged.
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Q: Pujury took place at hearing, how do I address that issue in closing arguments?

2 Answers | Asked in Civil Litigation and Education Law for California on
Answered on May 22, 2017

Why don't you have a lawyer representing you? Regardless, unless the evidence is self-authenticating you may not be able to introduce it into the record because you didn't raise/intro. it during hearing and Closing Argument is not the proper part of the process to bring in evidence. You could raise the issue in Closing, but the evidence is trickier.
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Q: Can law enforcement pursuit a search warrant on a residence if nobody was at residence at time of search and seizure

2 Answers | Asked in Civil Litigation and Criminal Law for Oklahoma on
Answered on May 21, 2017

Yes. There is no requirement for anyone to be at home, and is often preferred by law enforcement for safety. A search warrant is only for a location that has been allowed by judicial review and probable cause.
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Q: I noticed my tax lady has omitted and reported smaller amount that what I have actually paid. what can i do?

1 Answer | Asked in Civil Litigation and Tax Law for California on
Answered on May 20, 2017

Depending on the type of tax returns she prepares for you; the tax preparation fee may not have a material impact on the tax liability. Ask her to determine the tax impact of all the items left out, and amend the returns accordingly. On a separate note; why would you work with someone you described? The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes....
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Q: a relative went to psychiatrist in FL. She decided to admit him to the hospital. does he have any rights to be released?

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for Florida on
Answered on May 19, 2017

There must be some fear on the part of the Psychiatrist that the person is a danger to himself or others. You may want to speak with a guardianship attorney in your area, or rather where your relative is in the facility to determine what the next step might be. the attorney might be able to find out more details from the facility.
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