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Civil Litigation Questions & Answers

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on

Q: Where to file a complaint against property management company as a owner of the property in VA?

Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... Read more »

F. Paul Maloof answered on Jun 18, 2019

The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Tax Law and Civil Rights for Tennessee on

Q: How much will it cost to have an attorney look closed case up and determine if It can be thrown out? Or general info.

I've been put thru hell since last court case and divorce. I've reached out to law and or friends. I need a chance at successful life. Career advancement and i want to know about placement for witnesses for gov.

Bruce Alexander Minnick answered on Jun 17, 2019

Unless you can get a lot more specific facts about your needs you will not be able to get the interest pf any lawyers.

2 Answers | Asked in Contracts, Copyright and Civil Litigation for Illinois on

Q: Do I have any right to photos taken for free?

My sister took my wedding photos for free as a “gift”, but since then has decided she’s not going to give them to me. She won’t talk to anyone or listen to anyone who asks her for the photos. Many family members have offered to pay to see the photos but she refuses. We were married in a... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

Unfortunately, no. The law does not provide for any way to enforce unkept promises unless there was an agreement and unless both sides received consideration. I suggest you try to compromise and at least pay the photographer something--because the photos are hers.

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1 Answer | Asked in Civil Litigation, Family Law and Child Support for Kentucky on

Q: What is state law on back child support after being notified of a child after the age of 4

My brother-in-law was notified of a child that possibly was his after the age of 4 it was ordered to pay child support and back child support from the time the child was born is there a statue of limitation in the state of Kentucky how far back they can go and charge you back child support he... Read more »

Timothy Denison answered on Jun 17, 2019

The petition must’ve been filed before the age of 4 in order to collect back support. Otherwise, it runs from the filing of the petition.

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

1 Answer | Asked in Civil Litigation for California on

Q: my English not so good.. the court ask me to do jury service

I filed the forms that my English is not very good the court called me and told me to come for jury service

Timur Akpinar answered on Jun 17, 2019

Depending on how the process is administered and what part you're selected for, you could raise your concerns with court personnel processing jurors when you arrive for duty. Additionally, judges will generally screen jurors with preliminary questions. You could raise your concerns then.... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Louisiana on

Q: My ex boyfriend who is also on the lease refuses to move out and to pay rent. He now just got a dog which is not allowed

He is aggressive and violent as well but no domestic violence has been filed on my part. What rights legally do I have to get him out?

Ellen Cronin Badeaux answered on Jun 17, 2019

You have equal rights to the leased property without a court order based on domestic violence. Either move and notify to our landlord in writing that he has a dog and is violent, or file a protective order.

1 Answer | Asked in Civil Litigation for Florida on

Q: a court order was issued in Puerto rico to help my older sister with the expenses of taking care of my mother.

My Elderly mother and sister are no longer living in Puerto rico, do i have to keep on given my sister money, if she's no longer in Puerto rico.

Charles M. Baron answered on Jun 17, 2019

Generally, a Court Order must be complied with unless (A) you get the Court to vacate of modify the Order, or (B) the Order itself contains conditions that would permit you to stop paying (and I'm guessing it doesn't). So hire a lawyer who is in Puerto Rico or a Florida lawyer who is a member of... Read more »

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Civil Litigation, Civil Rights and Federal Crimes for California on

Q: Can I suit the County for an assault from the guards

I was assaulted by the guards producing bodily injuries. And because I blow the whistle there was abuse of my due process and there was a malicious prosecution under color of law and on 5-9-19 my case was dismissed. Can I sue the County

Louis George Fazzi answered on Jun 15, 2019

You can sue the guards for assault and battery if the charges against you were dismissed. The time within which to do so is short, so you should contact a lawyer with experience in civil rights cases to guide you through the process. You could also sue the county which employed the deputies. A good... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on

Q: I bought a dog for 100 bucks which included dog and accessories. And was not giving all accessories

I paid girl 50 last week nd she was supposed to get other 50 today but failed to provide the dog cage which was part of add she sold it or whatever so i.told her I wont give her other 50 until i get cage. She has now said she is going to take me to court . I wanna know if I'm in the right

Peter N. Munsing answered on Jun 14, 2019

You were prepared to go ahead with your end of the deal and she wasn't. You are correct. However often there is something else left out. Does she now say the cage wasn't part of it? If so there is no agreement--you think it's A she thinks it's not A but B ---and if no agreement she should give you... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts on

Q: Any court rulings on who bears the loss when funds are lost in a transaction between businesses in a BEC scam in the US?

Bruce Alexander Minnick answered on Jun 14, 2019

Pardon me for having to ask--but what is a BEC scam?

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Is it legal for a constable to post pictures of the home and road name on Facebook of someone they just arrested on

On trafficking under 2 grams of meth. Charge

Timothy Denison answered on Jun 13, 2019

Yes.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Pennsylvania on

Q: My dog died at the kennel. Kennel is filed a civil case for us to Pay the vet bill. My signature isn't on contract

No cell service while on vaca. So we didn't get the call from the that my dog was not well. My dog got sick and the kennel took him to vet he was diagnosed with bloat and they put him the sleep because his stomach had already died. They want us to pay the expenses back. I've never seen the actual... Read more »

Peter N. Munsing answered on Jun 12, 2019

Do you have an expert to testify? If not you are correct that you didn't sign the contract, but then your girlfriend is on the hook--bottom line, you don't need a contract if you ask them to care for the dog and they do, and it's commercial and you know there's a charge. Your problem if you were... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for California on

Q: Should I respond to a civil lawsuit or just wait for my hearing.

Me and wife were served a summons for a civil lawsuit for an outstanding hospital bill from 10/13. We have no assets, don’t own our home and I am on SSDI wife is unemployed and has pending SSDI claim. We have no way of paying this. Is it in our best interest to file a response to this summons or... Read more »

William John Light answered on Jun 12, 2019

You appear to have a viable defense. The statute of limitations is 4 years on a written contract. Code of Civil Procedure section 337. Whether or not you agreed to extend the statute or it has been tolled by your progress payments is unknown.... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on

Q: I have a writ of execution filed by the court against me in florida. I now live and homesteaded in North Carolina.

Both my wife and I are on the deed. No writ is against her. Is our home safe from florida writ? We have 2 vehicles with no lein, both our names on titles. Can they be siezed?

We appreciate your time. Thank you

Angela L. Haas answered on Jun 12, 2019

Your home is safe, so long as it is titled as "tenants by the entirety". Your vehicles could potentially be seized, if you have not properly exempted them. Contact a Florida attorney regarding Florida's exemptions process.

1 Answer | Asked in Civil Litigation and Probate for Oregon on

Q: If a deceased’s “estate” doesn’t require probate, how might a creditor file a claim against the “estate”?

The claim is approximately $50,000.

Joanne Reisman answered on Jun 11, 2019

A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on

Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

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