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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 18, 2024

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

1 Answer | Asked in Civil Litigation, Contracts and Family Law for Louisiana on
Q: My father passed in May. He was given documents to sign which was a marriage license less than a week before he died

my father had stage four lung cancer and was heavily medicated the last month of his life. I found out recently that he was not married in a ceremony of any kind but marriage license was signed and turned in less than a week before he passed away and his I’m not gonna call her wife is trying to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. Although some questions on this forum sometimes go unanswered, you could try reposting and including "Probate" and "Estate Planning" as categories.... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Civil Litigation on
Q: A customer took advantage of me by falsely claiming that the merchandise was unusable yet she used it for seven months.

We delivered three machines to a clinic. There was a minor shipping accident that our warranty service would cover with no cost to the customer. The customer asked for a 50% off. Once I refused, she initiated a credit card dispute because the machines were "broken, unusable and taking... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

You could consult with an attorney to review the agreement and the details of the transaction. It sounds like the "good faith" issue you mention could be raised as an issue in court. Depending on your state/jurisdiction (which isn't mentioned in the post) and the caps on your... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Education Law for California on
Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?

I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Sep 12, 2024

CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

Anthony M. Avery
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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: How and what is the process of subpoenaing a private company?
Michael W. Horst
Michael W. Horst
answered on Sep 9, 2024

There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA... View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: My ex girlfriend won't return my car that I let her borrow. Can I use my spare key to get it back?

My ex girlfriend had moved in with me a few months ago and I've let her use my car while she was with me so she could save money. After our relationship was broken up recently she moved to a new place and disappeared with my car. I've contacted her a couple times trying to her to bring my... View More

Mark Oakley
Mark Oakley
answered on Sep 7, 2024

If your name is on the title, it’s your car, and you can take it any time you choose. Unless she paid you an agreed price to buy it from you, she has no “equitable” legal claim to try and keep it. The MVA and the courts will only recognize the owner whose name appears on the title. If both... View More

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Carolina on
Q: Mortgage owner left wants to give selling rights to my mother she needs help reviewing and setting up POA, who can help?

My mother was dating a man who took out a mortgage for the home they live in. He left the home due to a dispute, wants to do what is best for her and is asking her to sell home through a lawyer, she is in need of someone to settle this situation civilly with his lawyer, help her review and... View More

Liscah Isaboke
Liscah Isaboke
answered on Sep 5, 2024

Your mother should consult a real estate attorney to help navigate this situation since she’s not on the mortgage. The attorney can review the mortgage and title documents, ensure any agreement with her former partner is legally binding, and negotiate terms with his lawyer. A Power of Attorney... View More

1 Answer | Asked in Real Estate Law, Business Law and Civil Litigation for Hawaii on
Q: What are my options, if i'm being sued as a guarantor for a loan?

I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More

Anthony M. Avery
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answered on Sep 4, 2024

No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Connecticut on
Q: A lawyer is having a conference call with me soon. I am representing myself in this case. Can I have a friend listen in?

The lawyer has been downright verbally abusive over email and I would like someone to witness it if he decides to threaten me or say something to intimate me that he doesn't wish witnessed. I am in CT and he is in IL

Carlton S Chen
Carlton S Chen
answered on Sep 3, 2024

You certainly may offer to speak on the phone with this lawyer so long as you inform him or her that you will have someone listen in and take notes. But make sure that you announce in advance the presence of this person on the call. Then, the lawyer certainly has the prerogative not to speak with... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Ex-roommate is trying to collect belongs two months after their lease ended. They’ve had plenty of notice & opportunity.

What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 3, 2024

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed...
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1 Answer | Asked in Civil Litigation for New York on
Q: Stored friend's box of things in storage unit free as a favor, but now lost, never told what is inside. What is she owed

My daughter and 3 of her friends split a storage unit during the summer between their Junior and Senior year. Another friend of theirs, Clara, who also has a storage unit in the same place, dropped off a box with her things, and asked one of the girls (not my daughter) to bring it to the 4 girls... View More

Neil P. Flynn
Neil P. Flynn
answered on Sep 3, 2024

The fifth girl is unlikely to prevail on a claim for damages. She chose to "bail" her box to the 4th girl. This means to temporarily put it into her possession. However, the 4th girl wasn't compensated for the bailment nor is she a professional in the practice, such as a car mechanic... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Florida on
Q: Can you be arrested for throwing a cigarette on the ground

I was pulled over for no seat belt. I was asked to step out of the car. As I did so I threw my cigarette on the ground to be polite. I was arrested for littering. Is this legal.

Leonard Louis Cagan
Leonard Louis Cagan
answered on Sep 3, 2024

I find it hard to believe that an arrest would be warranted for throwing a single cigarette to the ground. I would recommend taking a look at the arrest paperwork to see what statute or ordinance was alleged to have been violated. That is a good place to start. Look up that law and read it. Then... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 2, 2024

You need to file an opposition to the motion for summary judgment. It should be supported by an affidavit (written statement under oath and signed by you and the notary before whom you swore under oath) setting forth the genuine issues of material fact which you believe would be issues to prevent... View More

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2 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: I'm trying to figure out how to file a motion to Oppose/Object a Motion for Summary judgement.

I am the Plaintiff in a slip and fall lawsuit against a grocery store. I had to end up defending myself pro se. On 6/18/24 I was granted the motion to receive a copy of the surveillance footage of the incident before deposition. The defendant sent 9 files that were difficult to access, so I was... View More

Cesar Mejia Duenas
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answered on Sep 2, 2024

In Florida, to oppose the Motion for Summary Judgment, you should file a written response detailing the new evidence you discovered from the surveillance footage. Explain that the video now shows how the spill occurred and how long it was on the floor, which creates a genuine issue of material... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Florida on
Q: If a woman has a restraing order against a guy & she's contacting the guy can she get in trouble for violating the order
Rod Caruco
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answered on Aug 30, 2024

This can be a dangerous situation for the individual that is governed by the restraining order. Generally, a typical order will likely state the individual is to make no contact and, if contacted, the individual is not to respond. If there is a basis for a reciprocal injunction, that may be sought.... View More

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