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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Michigan on
Q: what does Law code 15USC1662B mean in lamens terms. The Truth in Lending.

I keep hearing about this law i have looked it up but i dont understand the way it is written. as i am told "it is illegal to charge for a down payment on a vehicle from a car lot dealership.

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Truth In Lending covers what must be disclosed by lenders to consumers. It's impossible to summarize what is a voluminous piece of legislation covering many different scenarios. If you have any doubts about what is presented to you by a car dealership, or any other lender, you should consult... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: I lived in Sf. My roommate who live next room keep smoking indoor despite I ask him to go smoking outside 3 time.

We live in SF, Ca.

I became secondhand smoker.

It is irritating now and affect my health

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

this is not a typical PI question............

it is a question of you and your roommate having an understanding or one of you moving out and being responsible for the rent until a new roomie is found...

i would find the roomie BEFORE anyone moves out.........

who is the...
Read more »

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for Maryland on
Q: . He's had 3 attys . They asked to be striken. He won't cooperate ,md court , what does plaintiff's exhibit mean

We have many assets . 3 businesses.a classic car collection. Ect. He's failed to put in discovery

My atty has asked for 2nd motion for sanctions

What's this mean

Mark Oakley
Mark Oakley answered on Sep 23, 2021

Ask your lawyer. This is what you are paying for: legal advice and counseling.

1 Answer | Asked in Family Law and Civil Litigation for Mississippi on
Q: My son has someone else’s car parked on my property and I want it removed. Am I within my right to have it towed?
Hiten H Patel
Hiten H Patel answered on Sep 23, 2021

Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.

1 Answer | Asked in Civil Litigation for Ohio on
Q: Case law where denying police from taking evidence photos via access by an easement of specific driveway purpose only?

Claiming to visit neighbor who has easement for driveway purposes, they went down my driveway behind house and photographed unlicensed vehicles on my property only visible from the easement. Can it be used as evidence? Thank you

Andrew Popp
Andrew Popp answered on Sep 23, 2021

A more detailed analysis of the situation is necessary to answer your question. There are a few sites you can visit to do some of your own case law research for free. (Links Below) Alternatively, you can visit your local law library to conduct research. Best of luck.... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »

Julie Fowler
Julie Fowler answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »

1 Answer | Asked in Civil Litigation, Construction Law, Intellectual Property and Small Claims for California on
Q: What is the law regarding replacing sentimental property that is damaged in the state of California

I had a leak in my ceiling in the apartment I rent. They rushed me out put me in another apartment but they damaged a lot of my property and a lot of it with sentimental value including an airplane propeller that my ex-boyfriend UPS to me when I got my bachelor's degree from flight school he... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

This would not be an intellectual property question, but there's not really a law in regards to this. This would be more appropriately a question for the insurance company that was used to fix the ceiling. As far as I know though, most insurance companies don't give any additional value... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

IS THERE A "PREVAILING PARTY" IF THE PLAINTIFF DISMISSES OR WITHDRAWS A CASE AFTER 3 YEARS OF LITIGATION?

WILL THE PLAINTIFF SOMEHOW BE ORDERED TO PAY ALL THE COSTS OF LITIGATING OVER THE LAST 3 YEARS FOR THE DEFENSE

IF THE PLAINTIFF DISMISSES THE CASE OR JUST DROPS... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Yes, and if you are the plaintiff and unilaterally dismiss, you are NOT the prevailing party.

1 Answer | Asked in Personal Injury and Civil Litigation for California on
Q: How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? didn't know this

How can we, as plaintiffs, who have to stop litigating not end up responsible for the defense costs? We never even realized this was a possibility when we sued. We sued for a very good reason, but for several reasons, we cannot continue this lawsuit any longer (it has been 3 years). Really would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, don't tell the defense you have to stop litigating. You need to settle and get mutual releases. You should discuss with your attorney.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: Can a gas station owner tow a vehicle that is broke down after being told you were going to autozone to get the part

And agrees to give you until that afternoon. But as soon as you leave to get the part he tows the vehicle

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unless the gas station owner was the government, this is not "Civil Rights". Sounds like you have the perfect case for Small Claims. Take all the receipts for paying to get your car out.

1 Answer | Asked in Civil Litigation for California on
Q: How to not pay defense attorney fees as a plaintiff when dismissing a case.

If you are a plaintiff and dismiss your case years into litigation, but before a trial, is there a way to not be responsible for the defendant's attorney fees (aside from the defense agreeing to this)?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

First, in the US we do not have a rule that the loser pays fees in ALL cases, only in SOME cases. Like if you have a contract provision that allows for attorney's fees. Or if you are suing under a law that also allows for attorney's fees- like for wages, or age discrimination. So you... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Washington on
Q: I am being sued for personal injury and cannot find anyone to represent me. "services" does not show defense.

Every single office I have called says they prosecute, but do not defend. How am I supposed to defend myself??

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Washington attorney could advise best, but your question remains open for a week, and time is of the essence in your reply to the summons and complaint. The problem you encounter is common. It is generally more difficult to find defense counsel than plaintiff counsel for personal injury matters... Read more »

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Civil Litigation for Ohio on
Q: I bought a house 3 years ago. There was no disclosure at closing that a in ground pool was buried in yard. I now have

a sink hole in the yard where the pool was. What can I do? Are there legal avenues to take?

Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

If the seller had removed the pool, and there were no problems, there might have been no duty to disclose it. Find out the cost to correct to the sinkhole problem, then use the Find a Lawyer tab to retain a local real estate litigation attorney to review all the facts and advise you what action... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can a plaintiff contact potential witnesses before their attorney does?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 18, 2021

That maybe improper depending on Plaintiff’s intent and purpose which may create witness tampering situation.

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