Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: I cant get my former business partner to sign a dissolution agreement and now I might have to pay her part of the taxes
Linda Simmons Campbell's answer
You need to speak with a good tax attorney to discuss your case in detail. If you do end up owing taxes that you cannot afford to pay there are collection alternatives available to you including an offer in compromise, a partial payment installment agreement, currently not collectible status, etc.
Just stay away from the places you see advertised on TV. Use Justia to find an attorney. Most of us offer a free consultation.
You need to speak with a good tax attorney to discuss your case in detail. If you do end up owing taxes that you cannot afford to pay there are collection alternatives available to you including an offer in compromise, a partial payment installment agreement, currently not collectible status, etc.
Just stay away from the places you see advertised on TV. Use Justia to find an attorney. Most of us offer a free consultation.
Q: If My children are a result of a relationship with an adulterous man, is the wife also responsible for child support?
1 Answer
| Asked
in
Civil Litigation and Domestic Violence
for
Pennsylvania
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Q: Driving without license and cause an accident. What to do
1 Answer
| Asked
in
Car Accidents, Civil Litigation and Gov & Administrative Law
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Peter N. Munsing's answer
Well, if you weren't cited just turn it over to your insurance. If you were cited the question is why didn't you have a license--can you get one or are you prohibited. Suggest you consult an attorney who handles tickets in the court where your citation will be heard.
Well, if you weren't cited just turn it over to your insurance. If you were cited the question is why didn't you have a license--can you get one or are you prohibited. Suggest you consult an attorney who handles tickets in the court where your citation will be heard.
Q: I was told that I must file for Ejectment to get my 34 year old to move and he is not on my lease.My email vdgrace@gmail
Bruce Alexander Minnick's answer
You were told correctly. But do not expect any lawyer to contact you.
You must find a lawyer and contact them.
Look for landlord & tenant lawyers here on Justia.
You were told correctly. But do not expect any lawyer to contact you.
You must find a lawyer and contact them.
Look for landlord & tenant lawyers here on Justia.
Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own
1 Answer
| Asked
in
Real Estate Law, Civil Litigation, Civil Rights and Construction Law
for
Texas
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Matthew Valley's answer
Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that might have information useful to the litigation. For example, a party can subpoena a third party to provide testimony and/or documents.
If you have been subpoenaed or otherwise requested to...
Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that might have information useful to the litigation. For example, a party can subpoena a third party to provide testimony and/or documents.
If you have been subpoenaed or otherwise requested to...
Q: Can I file charges against the school for not protecting my son?
1 Answer
| Asked
in
Education Law, Family Law, Personal Injury and Civil Litigation
for
Maryland
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Ashley VanCleef's answer
Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/issues/roi-issue06.html. If the bullying is based upon the student's disability, race, sex, color, or national origin, be sure to indicate as such in the report to the school system.
Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/issues/roi-issue06.html. If the bullying is based upon the student's disability, race, sex, color, or national origin, be sure to indicate as such in the report to the school system.
Q: Verizon come install cable I left my window up cat got out they never close the window and were on 3floor
2 Answers
| Asked
in
Business Formation, Business Law, Civil Litigation and Contracts
for
Pennsylvania
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Bruce Alexander Minnick's answer
To the best of my knowledge there is no answer to this question, in part because it is not a legal question. Leave the window open a few days to see if your cat will come back home.
To the best of my knowledge there is no answer to this question, in part because it is not a legal question. Leave the window open a few days to see if your cat will come back home.
Q: I am wondering why my case hasn’t updated since Jan 2nd. ADP amended their complaint and it was reopened.
Bruce Alexander Minnick's answer
There are not nearly enough facts presented for any lawyer to be able to respond intelligently. If you are represented by a lawyer then ask them.
There are not nearly enough facts presented for any lawyer to be able to respond intelligently. If you are represented by a lawyer then ask them.
Q: Was awarded judgement in small claims, the defendant sent a check with memo section saying for Goodwill and good bless.
Brent T. Geers' answer
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?
1 Answer
| Asked
in
Civil Litigation, Gov & Administrative Law and Municipal Law
for
Maryland
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bennett James Wills' answer
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.
Q: Shareholder for my corporation withholding clients information. Can he do that?
1 Answer
| Asked
in
Banking, Civil Litigation and Contracts
for
California
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor is it the place to ask complicated questions about specific situations requiring significant amounts of legal work. People in need of specific legal assistance should use the free resources available...
Q: Can I get a restraining order on my children's father before he gets released from prison.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Litigation and Domestic Violence
for
North Carolina
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Sadly, you likely can but you...
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Sadly, you likely can but you...
Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?
Kyle Persaud's answer
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.
You can also ask the judge to call a witness or order the production of...
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a subpoena. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.
You can also ask the judge to call a witness or order the production of...
Q: What can I do about children climbing my fence to enter my back yard of my home within the city limits?
Joseph Jaap's answer
You could ask them not to do that. Or you could talk to their parents or call the police and file a report. But depending on the age of the kids, they might retaliate in some way.
You could ask them not to do that. Or you could talk to their parents or call the police and file a report. But depending on the age of the kids, they might retaliate in some way.
Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?
1 Answer
| Asked
in
Civil Litigation, Family Law, Child Support and Civil Rights
for
Maryland
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Elizabeth Pugliese's answer
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.
Q: I am being sued for a vehicle I have never owned. What do I need to do to make this go away?
William John Light's answer
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Sounds like you need to hire an attorney. You have the opportunity to defend yourself and prove that you have no liability. You are blowing it by not responding to interrogatories in a timely fashion.
Q: My current spouse and I have a prenuptial agreement. Can my ex-spouse impute my current spouses income?
Ellen Cronin Badeaux's answer
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.
Ex spouse can only impute the benefit you derive from expense sharing, not your spouse's income.
Q: Dear Sir How can we difine and limit the Liquidated damages in Subcontract agreement at the start of the project?
Bruce Alexander Minnick's answer
You can do anything you want by putting the terms in the contract BEFORE you start the project. If the contract has been signed, then amend it. If the job is still in progress you should have no problem amending it.
You can do anything you want by putting the terms in the contract BEFORE you start the project. If the contract has been signed, then amend it. If the job is still in progress you should have no problem amending it.
Q: Taxi medallion broker refuses to cancel insurance on my car and I can't add insurance onto my car from second broker.
1 Answer
| Asked
in
Contracts, Traffic Tickets and Civil Litigation
for
New York
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
This Justia site is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
Q: Can I challenge my fathers wife of less that 8 years on my fathers estate?
1 Answer
| Asked
in
Civil Litigation, Estate Planning and Family Law
for
Virginia
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
F. Paul Maloof's answer
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
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