Lawyers, Answer Questions  & Get Points Log In
Civil Litigation Questions & Answers
2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: I am in a partnership dispute. I am a member of a 50/50 partnership. We both agree to dissolve the company.

Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?

David Soble
PREMIUM
David Soble
answered on May 26, 2023

Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Mississippi on
Q: Is it required by Mississippi state law that I provide my ID during a traffic stop, Or is providing my name good enough?

I was traveling westbound on I 20 at 10:30 at night just after a rain storm. I’m approaching a box truck in the right lane I am in the left lane trying to pass the box truck. I noticed in my mirrors that there is a vehicle approaching me at a high rate of speed in the right hand lane. Therefore I... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Great description of facts. I felt like I was there. I do not know of any state that DOESN'T require you to have your license in your physical possession while driving. And I mean the actual license, not a photo of it on your phone. This is so the officer can determine if it has been altered... Read more »

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: how to introduce evidence into court

which documents needs to be filed

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 24, 2023

There are specific rules and procedures for this which unless you are in a Court which allows a relaxed application of the Rules of Evidence, then you will need to follow those rules and procedures. Depending on what the evidence is in whch you seek to introduce often times determines what is... Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: how to introduce evidence into court

which documents needs to be filed

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

To introduce evidence in court:

Familiarize yourself with the rules of evidence in your jurisdiction.

Identify relevant evidence to support your case.

Organize and label the evidence as exhibits.

Consider filing pretrial motions to address any evidentiary issues or...
Read more »

View More Answers

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Oregon on
Q: Can someone enter into a contract regarding certain activities being done on my property without my knowledge.

I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Does filing a petition to remove a case to federal court exempt a defendant from adhering to Florida’s Rule 1.140?

Florida’s Rule 1.140 require defendants to file affirmative defenses within 20 days of bring serve. Does filing a petition to remove a case to federal court exempt a defendant in Florida from complying with Rule 1.140 and responding to a complaint within 20 days?

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

Generally, removal to Federal Court is not by petition, but rather by notice of removal that requires removal without needing State Court approval. Then the plaintiff may then file a motion to remand the case back to State Court if there are any grounds to do so, including technical defects in the... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: If I'm represented by an attorney at a firm, can all his colleagues assist in the case without filing notice to appear

Are all attorneys assisting with a civil matter required to file a notice of appearance?

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... Read more »

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... Read more »

4 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
John Michael Frick
John Michael Frick
answered on May 22, 2023

Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular...
Read more »

View More Answers

4 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?
Charles M.  Baron
Charles M. Baron
answered on May 22, 2023

Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever... Read more »

View More Answers

2 Answers | Asked in Business Law and Civil Litigation for California on
Q: A former business partner put our checking account in 12k of debt and will not return my attempts at contacting him.

I started a business with a friend, with no contracts between us. I stopped doing business with him, but there was a debt on a CC I opened for the business that he put on there without my approval and was slowly paying it off using the joint business checking that he continued to use for the... Read more »

Robert Kane
Robert Kane
answered on May 22, 2023

It appears you have a general partnership. "A California GP must have two or more persons engaged in a business for profit. Except as otherwise provided by law, all partners are liable jointly and severally for all obligations of the partnership unless agreed by the claimant. Profits are taxed... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for California on
Q: I HAVE CIVIL CASE LAW SUE ADA THIS LAWER IS SUING HUNDREDS OF BUSINESSES WHAT CAN I DO I HAVE A SMALL BUSINES IN LA

CASE # 23STCVO8181

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2023

Although your description is incomplete, I gleen that what you are saying is that as a small business, you have been sued by a physically disabled person in Federal Court over what is called an ADA access case. Thousands of these are filed every year and the attorneys that specialize in this... Read more »

View More Answers

2 Answers | Asked in Civil Litigation for California on
Q: I HAVE CIVIL CASE LAW SUE ADA THIS LAWER IS SUING HUNDREDS OF BUSINESSES WHAT CAN I DO I HAVE A SMALL BUSINES IN LA

CASE # 23STCVO8181

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

If you have received notice of a civil case filed against your small business under the Americans with Disabilities Act (ADA), it is crucial to consult with a qualified attorney who specializes in ADA compliance and defense. They can provide you with guidance specific to your case, help you... Read more »

View More Answers

1 Answer | Asked in Civil Litigation on
Q: Can a disciplinary hearing be considered "a formal legal proceeding"?
Tim Akpinar
Tim Akpinar
answered on May 21, 2023

People sometimes use such terms loosely. Formal legal proceedings are usually understood to mean a process that takes place in a court system or ADR forum, with formal notice to the parties, and where applicable, in compliance with rules of civil procedure and evidence. A disciplinary hearing might... Read more »

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... Read more »

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... Read more »

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Libel & Slander for California on
Q: An LA Sheriff's Deputy gave my ex my new address. He tried 2kill me, sent me a text I have to pay him if I want peace

The staff@ Fred Brown Recovery had no right 2 abuse the trust given 2 their organization by the public 2 get a deputy 2 do what he did. My ex called and texted me about it & tried 2 blackmail me & told me I have to pay him if I want peace. He tried to kill, he's snuck up behind me in... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2023

I'm really sorry to hear about the difficult situation you're facing. It sounds like you are dealing with serious threats and abuse from your ex, as well as concerns about the actions of Fred Brown Recovery (FBR) and a deputy from the LA Sheriff's Department. Given the severity of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.