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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »

William Bailey
William Bailey answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: If two people are making a restitution agreement, can it include a no contact clause?

Person A is paying for a non felony amount for minor vandalism against an ex. The police officer is going to ask for a no contact agreement as well.

Timothy Denison
Timothy Denison answered on Jan 23, 2020

Yes. It can.

1 Answer | Asked in Civil Litigation and Legal Malpractice for Florida on
Q: How long can a fired attorney in FL withhold a settlement?

If multiple insurance companies are being sued and 1 settles, and the settlement check put in escrow by attorney. Client then fires attorney and hires new attorney who takes over case. Can the fired attorney continue to withhold the settlement and for how long... or does fired attorney have to... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 22, 2020

There may be circumstances in which the attorney can hold the settlement funds in his/her trust account, pending global settlement of the case, but if he/she does, he/she must fully communicate with you the reasons for doing so, and might also need to file a motion in court to determine what to do... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: If a car dealer sold a car with a warranty and didn't provide details or contract are they liable for non covered repair

The buyers guide has as is checked but also says Integrity Warranty Services 3month/3000 miles. The dealer told us at the time of purchase it is a powertrain warranty and "if it has gas, grease or fluids it's covered" They did not explain any details or limitations or provide a copy of the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 22, 2020

I regret that I do not handle car warranty matters. You should call the Virginia Attorney General's office, consumer division and make a formal complaint.

1 Answer | Asked in Civil Litigation, Civil Rights, Small Claims and Personal Injury for California on
Q: Need an attorney against pastor of organization that discriminates and put our lives in danger.

Me and my daughter went to a religious women home to split rent and be part of organization.

We discussed rent amount moved in

Shortly realizing his tenants Below did not appreciate him moving me and my daughter in the home and started harassing us started coming to the home late... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

MORE INFO NEEDED.

IF YOU HAVE NOT BEEN INJURED THE POLICE WILL SAY IT IS CIVIL.

IT IS NOT MY AREA OF LAW AS YOU ARE INQUIRING ON A PI FORUM.

YOU WOULD PROBABLY HAVE TO GO TO LEGAL AID OR FIND A PRO BONO LAWYER.

HOWEVER, WHY WOULD YOU WANT TO STAY THERE?

1 Answer | Asked in Civil Litigation for California on
Q: Is it common for a plaintiff to lose a case when the defendants nor their attorneys appear for a scheduled demurrer.

During a scheduled Demurrer hearing, the Plaintiff's were live via a Court-Call hookup. The Plaintiff's waited for 54 minutes for the Defendants or their attorneys to appear, neither did. This 54 minute wait included the judge having the Plaintiff stand by to see if Defendants showed up.... Read more »

Donald M Barker
Donald M Barker answered on Jan 21, 2020

The Court's Ruling on the Motion was made long before the Hearing. Courts generally follow substance over form. Though Defendant did not show up, he did file a written Motion (Substance).

Unfortunately, you failed to file an Opposition.

Cal Rules of Court, R. 8.54. Motions:...
Read more »

1 Answer | Asked in Contracts and Civil Litigation for Washington DC on
Q: What is the law regarding a moving company holding your items until you pay their demand for more money?

I hired a moving company to relocate my items in Seattle to DC. They are now claiming that my storage until which only held a capacity of 400 cu ft took up 425 cu ft of their trailer and that they have to transfer my items to a shuttle because the semi currently carrying my items is too big to go... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jan 21, 2020

Well, I think you should call a lawyer and see what he can do. It's going to cost, but probably less than the $853.00. If the lawyer can't work something out, if you want your property back you may have to pay now and sue later...if you have a legal grounds to sue. It all depends on whats in the... Read more »

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of the... Read more »

2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Adam Bull
Adam Bull answered on Jan 20, 2020

There are no standard forms. Each case 8s different and therefore different information may be needed. An experienced family law attorney can formulate the necessary discovery.

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1 Answer | Asked in Civil Litigation and Libel & Slander for Georgia on
Q: If a person post on FB —“I hired abc contractor/company and then 3 weeks later cancel project which was still 3 weeks

From start date . This company is awful and before you hire them look at their Yelp reviews “. Is this slander/libel against homeowner ?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

Not necessarily. As long as what you have posted is true, you have not slandered the company. Additionally, if your statement is simply, “ This company is awful and before you hire them look at their Yelp reviews,” then you are protected by the right to voice your opinions (aka right to free... Read more »

1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

1 Answer | Asked in Civil Litigation for Maryland on
Q: Hi I need a lawyer to contact me about advice on puppy lemon laws in Maryland!

Hi I'm looking for advice on lemon laws in Maryland. I bought a german shepard puppy on January 8th for 650$ from Oldtown, MD. Not 2 days after having the puppy she started passing full size worms and was seen and cured at the vet. 3 days later the worms came back and she had to be hospitalized for... Read more »

Mark Oakley
Mark Oakley answered on Jan 19, 2020

Worms are common with puppies, and with medication will likely all be gone by the time the dog is 6 month old. The medicine only kills live worms, not those embedded in their egg shells inside the puppy ‘s tissue, which are passed to the puppy in the womb by the mother dog. Therefore, if there... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: Is there a delay tactic that lawyers use DURING a hearing, that is equivalent to a filibuster in the senate?

FYI, I’m not an attorney, so forgive my ignorance. Also, I am not referring to a lawyer asking for a continuance or an extension of time. I have a feeling opposing counsel is deliberately talking in circles for hours on end and running up the clock in order to stall. The hearing has been... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 19, 2020

There is not a procedure similar to a filibuster in litigation. An attorney is entitled to a complete and thorough opportunity to examine and cross-examine witnesses. However, this examination should be limited to information that is relevant to the case at hand.

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I was lied to about not being included in my father's will. But there was no will...
Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

You could repost in the Probate and Estate/Planning sections here. Attorneys who practice in that area would have the most insight into your situation. It would be helpful if you structured your post in the form of a question. Also, there is no need to include any personal information about... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Kentucky on
Q: How can a sheriff get fired in ky ? Who do u report it to ? Why hasn't the corrupted county officals done had him fired
Timothy Denison
Timothy Denison answered on Jan 17, 2020

The County Judge Executive would have to fire him.

1 Answer | Asked in Civil Litigation for Illinois on
Q: I am Pro se.Rule 213 Witness List. 1) what do I do if I do not have a witnesses address at the time my documents r do?

2) what do if a witness fears the other side and does not what them to have her address or phone#? 3) I have a witness that is giving me documents only and will not be appearing in court due to health reasons and lives out of state, do I need to state something concerning that under that persons... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 17, 2020

You should file your witness list on a timely basis and under the witness' name put 'Investigation Continues'. When you get the address then amend your witness list. If you do not want to disclose an address for a witness, file a motion and request the court that the address not be disclosed for... Read more »

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