Civil Litigation Questions & Answers

Q: My son was Baker Acted by his school today and no one from the school called me. The school has all my phone numbers

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for Florida on
Answered on Nov 17, 2017

And what are your damages, exactly?
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Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.
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Q: Can a co-signer of student loan take legal action for repayment even though the loan in its entirety is paid off

1 Answer | Asked in Family Law, Contracts, Civil Litigation and Consumer Law for Texas on
Answered on Nov 17, 2017
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Q: Explain the right to not be deprived of life liberty or property without due process

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on
Answered on Nov 17, 2017

This is a fairly vague question; however, the phrase means that a person cannot be deprived of life, liberty, or property without due process. "Due process" means a variety of things depending on the situation.
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Q: What is the process for getting money back from a roofing contractor for services not performed?

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on
Answered on Nov 17, 2017

It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.
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Q: Decided to buy car with trade in. 2 days later wanted our trade back, they agreed to redo paperwork, now forcing a buy

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Answered on Nov 17, 2017

Absolutely no way to say for sure without first reviewing all the paperwork (contracts). I suggest that you consult with an attorney in your area asap about this situation.
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Q: What kind of a lawyer handle a matter regarding a dead woman estate w

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Answered on Nov 17, 2017

You need to contact a probate lawyer. A probate lawyer can help you even if the estate isn't going through a formal court probate as this type of lawyer handles all cases where someone dies and the survivors need help with the decedent's final financial affairs.
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Q: I have a court case pending for a debt from nearly 3 years ago. The statute of limitations expires before the court date

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Collections for Maryland on
Answered on Nov 17, 2017

No Statute of Limitation is a defense only for the filing of the Complaint.
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Q: CAN AN ONLINE CHECK ADVANCE COMPANY TAKE YOU TO COURT AND GARNISH YOUR WAGES?

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Tennessee on
Answered on Nov 16, 2017

Yes. If you borrowed money, and don't pay it back, you are likely to get sued and if the lender wins the case, one of the remedies available to them in collection of the judgment is garnishment. You don't say in your question why you think the lender can't act, but because you say it is an "online " company, I assume you think that is some defense. I do not think so. Courts can now recognize electronic signatures or facsimile signatures as valid.
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Q: How do I subpoena bank records of a defendant who was on an account of my deceased mother ? I am a plaintiff in pro per

1 Answer | Asked in Civil Litigation and Elder Law for California on
Answered on Nov 16, 2017

If you are looking for records other than the account you know about, you will have to serve discovery on the defendant to find out what institutions and accounts to go after. Then, you will have to have the court clerk issue subpoenas. Then, you will have to serve "Notice to Consumer" on the defendant/attorney. You really should not be doing this in pro per. These cases allow for attorney fees, and many attorneys take on these cases on contingency.
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Q: I own a 3 family building I have one tenet on the top floor that complains about mice the other 2 tenets do not

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Answered on Nov 16, 2017

If you want to get paid, it is your only choice.
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Q: A person who has a CRO and TRO and trying to get me to change the terms in exchange for my car title. Is this extortion?

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for California on
Answered on Nov 15, 2017

a lawyer would need a lot more info.

i would suggest writing down all the facts and talking to a local lawyer.............each county can be different as well as each court without the county.........not to mention each DA within the court being different.

i am not sure from what you said that it is extortion but maybe coercion.........
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Q: If my car was improperly towed during repossession causing transmission issues is the tow company liable for damages?

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Answered on Nov 15, 2017

The liability of the tow truck company will depend on the testimony of the auto mechanic who repaired your vehicle. That person will have to testify before a judge that the damages to your vehicle were caused by the in correct way the tow truck driver towed your car.
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Q: My attorney requested a trial de novo after losing on fee arbitration. Can I request to change venue?

1 Answer | Asked in Arbitration / Mediation Law, Appeals / Appellate Law and Civil Litigation for California on
Answered on Nov 14, 2017

If you have not obtained all the info you need, I would need some info to be able to understand what the situation is and give you some suggestions. For example: who are the parties to the suit? Where do you live? Where was case filed? It appears that a suit was filed, you hired an attorney to represent you, and the parties agreed to non-binding judicial arbitration, which you lost. Now the case goes on as if no arbitration had taken place. Fill me in.
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Q: Father in laws lawyer didnt detail his property the county thinks my brother in laws and sister in law have claim

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Answered on Nov 14, 2017

Sorry, but the facts needed to answer your question aren't clear. Any lawyer will need to review the actual documents ( the deed and will, if any). Consult an experienced real estate or probate lawyer in you area for specific advice on your situation before you take any other action.
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Q: Can a Judge prevent an indiv. with POA from exercising their right in a civil court case, by postponing the case?

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Answered on Nov 14, 2017

The Judge took the correct course of action. You daughter cannot appear for you in a court of law unless she is a licensed attorney with the Virginia State Bar. The Power of Attorney gives your daughter the right to handle many actions for you in your place, but appearing in court as your representative is not one. If the other party did not appear on the first court date, there is a good chance that the other party will not appear on the date to which the case was continue. You or an attorney...
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Q: My son & a friend co-signed lease on an apartment. The friends moved out. Is my son responsible for monthly rent alone?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Kentucky on
Answered on Nov 14, 2017

Your son can manage another tenant/mate to share its rent or if he can afford should pay full. In case he finds another he is advised to make a formal agreement to rent to be witnessed by landlord.
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Q: Can a bank back out of an already done deal on auto financing because i drive for lyft?

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Pennsylvania on
Answered on Nov 13, 2017

Was there any post-condition that disallowed you for lyft. If not, then they have to return all your cost, fee, charges etc. that you accrue on obtaining this car loan.
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Q: We should get insurance money? The owner of the car (debt) or the owners the tittle?

1 Answer | Asked in Contracts and Civil Litigation for Colorado on
Answered on Nov 13, 2017

Your question is more or a personal nature than legal. Morally, you sold that car to her and she was paying you in installments. Now she unfortunately met an accident and is going to get an insurance amount in compensation. Since that amount is over and above the price of your car, you wanted to get that car back and return her amount that she paid. If she agree to it, you can enter into such arrangement. But morally is not correct. She must owe the benefit or damage that she suffered....
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Q: i gave a family member $9000 down on a home she wanted 15000 now she says she is selling it to someone else to get out

1 Answer | Asked in Civil Litigation and Real Estate Law for Oklahoma on
Answered on Nov 13, 2017

Generally oral contracts for the sale or purchase of real property are not enforceable because of the statute of frauds which states those type contracts must be in writing. There are exceptions to this rule which are long and hard to explain in this type post. You need to seek an attorney now and lay out all your facts and take phone messages and other evidence of your payment to the attorney and allow them to determine whether you can succeed in litigation.
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