Civil Litigation Questions & Answers

Q: cops have continuosly falsely reported to cyf there was a drug lab in my home when therewas not.is that illegal to do???

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Libel & Slander for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
If true, then yes, you could probably file section 1983 litigation against them in federal court.

Best of luck to you.

Q: Is a lawyer service online that you can hire to write motions?

1 Answer | Asked in Civil Litigation for Vermont on
Answered on Oct 22, 2018
Timur Akpinar's answer
There are legal writing services, but they are generally smaller, and can be harder to find than the companies that sell out-of-the-box legal forms. Some attorneys hold themselves out for project-based work writing appellate briefs, memorandums, and other documents and pleadings. If you found one that you were satisfied with, you could ask them if they handle motions.

Tim Akpinar

Q: I filed a restraining order with the false information the respondent gave under perjury? How to rectify this?

1 Answer | Asked in Civil Litigation for Minnesota on
Answered on Oct 21, 2018
James A. Teigland's answer
I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.

Q: Who's going to be responsible for the court and attorney costs in my business dispute?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 19, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to provide a reliable response. If this dispute arose out a contractual relationship, the contract may provide an answer, or at least guidance. If you are represented, this question is best directed to your own lawyer, who should explain this to you.

Q: In California, does the filing of an abstract of judgment renew a money judgment?

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Answered on Oct 18, 2018
N. Munro Merrick's answer
Yes. That is the only way to do it. Of course it must be renewed before the 10-year term runs out. The dates that count are the dates the abstracts are recorded. If the dates are close, the time may be the determining factor.

Q: I overpaid a medical bill by $900. Now the company will not refund the over payment.

1 Answer | Asked in Civil Litigation for Texas on
Answered on Oct 17, 2018
Timur Akpinar's answer
I don’t practice in Texas, but your question remains open for four weeks. You could check with Texas attorneys in your area as to how much they would charge for a short consultation to go through your options here - a letter from an attorney, small claims court, civil court, or other avenues. Maybe they could help you make a decision based on the most cost-effective route.

Tim Akpinar

Q: Mother in law co/signed on duplex resides on one side. Changed legal documents, created tax fraud.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Texas on
Answered on Oct 17, 2018
Tammy Lyn Wincott's answer
The name a tax office has for the owner of property is not controlling as to who "actually" owns the property. An owner of real property is determined in the Deed records where the property is located.

Q: A possible case of extortion and defamation?

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Libel & Slander for California on
Answered on Oct 17, 2018
William John Light's answer
It's possible. Defamation is a false statement of fact. Negative opinions are not defamation. It depends what she said and how it compares to the truth.

Q: If a repair shops changes your oil and forgets to put the oil in and damages your motor what law is violated

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Oct 17, 2018
Richard Winblad's answer
They violated the Law of Common sense:

Your remedy is to make a claim against the repair shop. If ignored you may want to pursue in small claims court, but you will need evidence of the amount of damage.

Q: Can HOA legally tow my car when parked in the street in a non-gated community?

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Answered on Oct 17, 2018
Jonathan A. Klurfeld's answer
Gated has nothing to do with the road being private or public. You would need to pull the HOA docs and plat map and see if they say. Likely if the policy is there then they own the roads as one cannot tow from a public road.

Q: Can my vehicle be towed because my license is expired, if car is parked and I'm not in the vehicle ?

1 Answer | Asked in Criminal Law and Civil Litigation for California on
Answered on Oct 16, 2018
Dale S. Gribow's answer
PROBABLY B/C IT IS NOT LICENSE TO BE ON THE STREET.

TAKE CARE OF LIC ASAP AND THEN WORRY ABOUT LEGALITY

Q: Looking for aggressive counsel in complicated custody case

2 Answers | Asked in Child Support, Divorce, Family Law and Civil Litigation for Georgia on
Answered on Oct 16, 2018
Ellaretha Coleman's answer
You certainly need to consult with an attorney right away to combat these allegations from the psychological evaluation and any false allegations made against you. The longer you delay in obtaining competent counsel, the worst this situation is likely to get. You should speak with an attorney to go over the specific facts of your case to determine what their strategy of moving forward will be to address your concerns.

Q: I have a merit badge for Law for Scouts. Can you please tell me what the duties and responsibilities of an attorney are

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Personal Injury for Georgia on
Answered on Oct 16, 2018
Gary Kollin's answer
When I was growing up we had a place called a library where there were books, periodicals, encyclopedias and the like.

When we wanted to learn about a subject we would read instead of asking someone to work for us.

Today we do not have to go to the library. We have the internet which has a lot of reference sources including wikipedia.

Before you can become a lawyer you nedd a college degree. Then you attend 3 years of law school followed by the Bar exam.

When you...

Q: Can we recover down pyt from rent to own if we have written agreement for some of the time weve been doing this

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Oregon on
Answered on Oct 15, 2018
Gregory L Abbott's answer
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go has no legal relevance at all. If you did not have a gun put to your head and you signed a document anyway, you are likely to be bound by its terms, though there always some exceptions. Good luck.

Q: What's an example of civil cases where the claims are lower than the cost

1 Answer | Asked in Civil Litigation and Civil Rights on
Answered on Oct 15, 2018
Timur Akpinar's answer
Here’s an example. A person agrees to sell a $500 car to another. After purchase, the buyer argues that the seller hid defects of the thirty-year-old car. The buyer retains an attorney who charges $200 an hour to try to prove that the seller committed fraud. After the buyer pays a $1,000 legal bill for five hours of legal services, the seller agrees to adjust the car’s price and give $100 back to the buyer just to settle the matter. This is an absurd scenario, but it illustrates the idea....

Q: Can a lawsuit be won based on opinion?

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Texas on
Answered on Oct 15, 2018
Timur Akpinar's answer
Lawsuits are often won or lost on opinions, despite the fact that it can result in outcomes that are not always fair. The coach could present these facts to a Texas employment attorney to discuss if he has legal remedies worth pursuing.

Tim Akpinar

Q: How to proceed sled josh yallbourgh peed on me lost job

1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Answered on Oct 15, 2018
Daniel P Leavitt's answer
Not sure what you're asking here.

Q: Can i sue a department store that had flickering lights which triggered a seizure in my daughter who is epileptic?

1 Answer | Asked in Consumer Law and Civil Litigation for Texas on
Answered on Oct 14, 2018
Timur Akpinar's answer
I do not practice in Texas, but your question has not been picked up in four weeks. You could consult with a Texas attorney to examine the viability of legal action. I hope your daughter is okay. Whether or not an attorney would be interested in handling the case, at the very least, you could learn the timeframes and statutes of limitations within which action would be necessary to preserve your daughter’s legal rights.

Tim Akpinar

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks more meaningfully at the concept.

Tim Akpinar

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