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Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Florida on
Q: Purchased car advertised as clean title, found salvage with misfiring engine.

I purchased a 1999 Porsche 986 a couple of months ago from a seller who recently moved to Florida from Kansas. He advertised the vehicle as having a clean title and a perfectly running engine. However, I later discovered the title is salvage and the engine started misfiring the night I brought the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 25, 2025

Was there a contract signed related to the transaction or at the very least an email reflecting those terms? If not, you may still have a viable claim against the seller, but it will ultimately be a he said/ she said situation and likely no ability to recover attorneys fees. It may not be a lawsuit... View More

1 Answer | Asked in Family Law and Civil Litigation for New York on
Q: Can a judge decide a civil family court case without providing requested lawyer?

I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Q: Paid for bounced check but must appear in court. Why?

I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 25, 2025

It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More

3 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for California on
Q: Explanation needed for initialing page 7 of a C&R in a workers' comp case with concurrent wrongful termination suit.

I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Mar 25, 2025

Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More

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3 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for California on
Q: Explanation needed for initialing page 7 of a C&R in a workers' comp case with concurrent wrongful termination suit.

I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

Dennis Dascanio
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answered on Mar 25, 2025

Dear concerned,

You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims...
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1 Answer | Asked in Collections, Civil Litigation and Consumer Law for Oklahoma on
Q: Why is my paycheck being garnished for a repossessed truck after 7 years?

In 2018, I co-signed for a truck, which was repossessed later that year or early 2019. I was unaware of the repossession, having lost contact with the primary borrower. Seven years later, my paycheck started getting garnished without any prior notice. My credit report shows the account twice: once... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 25, 2025

Don't rely on your credit report, but apparently your lender either obtained a judgment against you and then sold the account to Consumer Portfolio; or sold the account to Consumer and it obtained a judgment; but either way it appears Consumer has sold it to Jefferson Capital.

I...
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3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Keith J. Moten
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answered on Mar 25, 2025

This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More

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3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Christopher R. Milton
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answered on Mar 25, 2025

You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More

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1 Answer | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

1 Answer | Asked in Child Custody and Civil Litigation for Florida on
Q: Clarification on jurisdiction in timesharing case after SWAT raid.

I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 24, 2025

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Responsibilities after bicycle hit-and-run for 911 dispatcher and hospital?

A passerby called 911 after I had a hit-and-run accident while on my bicycle, which resulted in major injuries that required hospitalization in the ICU for 8 days. The 911 dispatcher sent EMT and fire department personnel but did not notify the police. I contacted the police 8 days later after... View More

William John Light
William John Light
answered on Mar 24, 2025

You have no case against the dispatcher. The dispatcher also caused you no damage. If you, or anyone in your household, carries automobile insurance which includes uninsured motorist coverage, you can make a claim against that insurance policy. Talk to a personal injury attorney to discuss your... View More

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1 Answer | Asked in Child Custody and Civil Litigation for Colorado on
Q: Filing for contempt of court in a custody case in Colorado.

I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal... View More

Mark Christopher Smith
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answered on Mar 24, 2025

Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior... View More

3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Mar 24, 2025

You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

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3 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Virginia on
Q: Tracing 2008 judgment from title search for Chase Bank in Augusta County, VA, JDL number 080001170.

I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.

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1 Answer | Asked in Probate and Civil Litigation for Louisiana on
Q: Can I sue my brother, the estate executor, to sell our mother's house?

I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 24, 2025

I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair... View More

2 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Personal Injury for Texas on
Q: Does Texas Tort Act violate due process in body parts' sale case?

In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

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1 Answer | Asked in Estate Planning, Divorce, Contracts and Civil Litigation for Texas on
Q: How can I contest a divorce and asset transfer done without notice while I was overseas?

I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More

Anthony M. Avery
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answered on Mar 23, 2025

The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More

3 Answers | Asked in Civil Litigation, Probate and Real Estate Law for New York on
Q: Who can I report an illegal property sale to, and can it be reported as stolen if family members without legal interest sold it?

My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More

Stephen Bilkis
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answered on Mar 25, 2025

I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More

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1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: Loaned $3,000, not repaid as agreed, considering suing.

On 1/24/25, I loaned a friend $3,000 with an agreement via text that it would be paid back in 3 weeks. The deadline passed without repayment, and despite arranging a discussion later, they didn't respond. On 3/11/25, they promised repayment by 3/12/25, but I have since had no contact. I have... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

It is not going to be cost effective for you to retain an experienced civil litigation to represent you in small claims court. But you should be aware, the person you loaned money to can easily file for Bankruptcy (depending on that persons over all circumstances). You have to follow the Court... View More

2 Answers | Asked in Contracts, Civil Litigation and Consumer Law for California on
Q: Is this a failure of consideration for an auction motorcycle?

I purchased a collector motorcycle through an online auction where the auctioneer, based in California, provided documentation stating it was an original model, according to factory records. Despite the Terms and Conditions stating that any legal action must occur in California, I argue that... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 22, 2025

Sorry to hear of your unfortunate experience. "Failure of consideration" would not be a viable theory. The damages related to the alleged fraud and failure to maintain the bond would be recoverable in your legal action. It would likely be worth your while to have the contract terms... View More

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