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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for California on
Q: How can In Pro Per get a Search Warrant with Special Master assigned in unlimited civil case?

Both Legal and Medical professionals in the case I am working as In Pro Per have moved, hidden, altered documents essential to my case. It is necessary to get a Search Warrant with Special Master issued except DA and PD won't speak with me regarding processing the warrant. I am entitled to the... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This is likely not the search of Mar-A-Lago, and regardless neither would apply in an unlimited civil case. You're going to need help from an attorney. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

2 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Advice to sue Production company used our space without location release, caused criminal damage and harm to reputation
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

More information is needed, but you could have a good case against the "production company." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Civil Litigation for California on
Q: Hello -- if somebody is serving on a jury but contracts COVID-19 while they are serving, what happens to the case?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

This is posed as a hypothetical, so I will address it as such. [There is nothing in the question indicating that you are a juror.] In response to the hypothetical, the juror should notify the court of the infection. [I litigate cases. Anything posted here must not be construed as legal advice, nor... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Collections, Consumer Law, Education Law and Civil Litigation for Arizona on
Q: School says the made "mistake" after sending me an enrollment letter and sent my grants to collections. what can i do?

I got accepted into a university, weeks pass and I get my grant to buy books and supplies. a short amount of time before the semester starts they say they made an "error" and put me in an earned enrollment program and cancel my classes not allowing me to reenroll in the current semester... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2022

I'd advise you to do 2 things:

1. make an appointment with a lawyer who handles general civil matters, and take all of the documentation who have so the attorney can make a professional assessment of your situation. It may mean you calling around to everal lawyers and several...
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1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Civil Litigation for California on
Q: I have been locked out if my Google account without explanation. I have tried to contact Google in everyway to no avail.

Google has NO email, phone, chat or other way of being contacted. I contacted an expert. He gave me an alternative way to contact Google that is virtually unknown and possibly disabled. I've now tried that twice (see the message below). I have my life's work under that Google account.... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

No company is "too big" to sue.

1 Answer | Asked in Civil Litigation for California on
Q: My father in law passed away. The landlord emptied the house prior to my husband being notified of his death.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

The landlord would need to notify the beneficiaries and give time for the beneficiaries to claim the property.

1 Answer | Asked in Civil Litigation and Contracts for New York on
Q: I didn't owe that person money, but I wrote a contract that I would repay him. if I break the contract, will I be sued?

A friend asks me to use his account to invest in the stock market. as a result, there is some loss in the investment account. my friend asked me to write a contract to repay him. What if i break that contract, will I be sued?

Denis Kitchen
Denis Kitchen
answered on Sep 22, 2022

This strange set of circumstances raises more questions, but putting those aside, if you made a contract with someone to pay them a sum of money, your breach of that contract could induce him to sue you. You may have a defense, again depending on the circumstance. But WILL he sue you? No... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: I was denied Rent help from an organization because I didn’t look like she wanted a person. Asking for help to look l

I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: I would like to start a civil case, which is the opposite of a small claims, a big case. How do I hire a lawyer?

I have been calling lawyers and no lawyer wants to take the case. Could I get the court to hire me a lawyer? How is it done? How can I get a lawyer that will take no money upfront, but takes money after the case has been won?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

You're looking for an attorney who'll take your case on a contingency. You'll need to keep contacting lawyers to find someone to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship.... Read more »

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

2 Answers | Asked in Civil Litigation and Contracts for California on
Q: Neptune Society had cremated my Dad - then an employee changed my Moms contract as to who had rights to disposition

Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 21, 2022

It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.

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1 Answer | Asked in Civil Litigation for California on
Q: Definition of short title
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It's the abbreviation of the case name. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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