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Civil Litigation Questions & Answers
1 Answer | Asked in Products Liability and Civil Litigation for Michigan on
Q: What are the steps that can be taken if a minor is sold liquor from a store and damages a vehicle?

They asked for no id and the minor crashed their parents car n damaged it. They also refused to give the parents the owners information

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

I'm unsure two wrongs make a right here for you as the parents. The store is wrong for selling liquor without carding (assuming they did not in fact card the minor; how would you know that to be a fact?). The minor is also wrong for making the purchase.

More to the point, I think you...
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1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: How can I handle this miscommunication or confusion with my insurance and then being extra charged because of that?

I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. You should be able to remedy this without attorneys. Keep trying to reach them on the phone. It looks like this mix-up resulted limitations in clear communication because of the chat session. Over the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Florida on
Q: My exboyfriend wont give me my keys to my car could I call pop a lock to make a key if I have the title in my name

The car is next door at his neighbors house

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2024

I assume you mean that you not only wish to change the vehicle lock, but you also wish to take exclusive possession of the vehicle. Whether you can lawfully do that depends on the facts surrounding the vehicle not currently being in your possession, and you did not provide any of those facts here.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: For the USA Constitution 9th Amendment, it should allow an individual person the right to privacy if possible?

Privacy If Possible as an individual right is not mentioned in the other amendments. All aspects of privacy should be mentioned as a way to allow an individual person to choose who or what to associate with. The first amendment addresses consent to join a group or organization. I am wondering if... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Are you asking just an academic question, or you have a real-life situation that you need assistance with? If it's the latter, you'd need to provide some factual context to obtain any meaningful information. As a purely academic matter, it is the First Amendment that provides freedom of... View More

1 Answer | Asked in Civil Litigation and Collections for Florida on
Q: Sued someone for personal damages more than $5000 and they never returned informational sheet

How am I able to collect on this judgement? They never showed up to court and the judgment is completely unpaid, info sheet never returned. Im in South Florida Broward County.

Charles M.  Baron
Charles M. Baron
answered on Dec 10, 2024

Any time a defendant does not submit something that's required, the first step is to reach out to the defendant to determine if he/she will comply, and if so, by when. If no cooperation, the next step is to file an appropriate motion with the Court to request issuance of an Order addressing... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Need help press charges on a member of law enforcement and a member of Floresville City Council .

Law enforcement refused to let me press charges and lied to me by saying I would have to take it to the Texas Rangers

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

The Public Integrity Unit of the Texas Rangers is the correct agency for reports concerning an allegation that a member of law enforcement or elected official has committed a crime if the internal affairs division of local law enforcement declines to take action. In the criminal conduct violates... View More

6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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2 Answers | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Someone broke into our building. We shot them. Now they are suing us. We are both in our 80s & live humbly.. Any option
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: I purchased a certified pre-owned vehicle Feb 2024, Its already sitting at the dealership as an expensive paper weight.

I purchased my 2019 Chrysler Pacifica from a big name dealership. It came with a certified pre-owned warranty. I also purchased a extended warranty from the dealership. Fast forward to October, I sent the vehicle to the dealership for concerns of over heating and what felt like a misfire. I stopped... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024

You need to retain an experience civil litigation attorney. There are numerous grounds that can be put into a legal complaint against them. The most important cause of action will be the New Jersey Consumer Fraud Act violation. That would entitle you to triple damages plus attorneys fees. However... View More

4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Alabama on
Q: someone owes me rent and i was buying a camper from them. can what they owe go towards the camper

i gave them 200 down and only owe 1300. they stayed with me for couple monthes and left without paying anything. can’t i keep

the camper for their payment

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Most people in your position would probably think of using that point. But a local attorney could advise better in terms of the legalities involved in your idea - it is possible that you and the other side could... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: I won a tow hearing and won the appeal. Can I sue for time missed working and stress/ medical.
John Michael Frick
John Michael Frick
answered on Nov 21, 2024

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can...
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