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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Land Use & Zoning for Florida on
Q: Looking to understand the definition of "Commercial activity"

In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)

The claim is that we are considered commercial activity. They are asking us to fill out waivers, background... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 15, 2021

The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation on
Q: I need help

2 men accused me of taking money in a video that an internet show broadcast, but it is a lie and I have the evidence to prove that it is a lie, I already asked the show to remove the video but they refuse to do so and I They have affected a lot, they are in Los Angeles and I in Birmingham. 1 of... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 15, 2021

Yes, as a private citizen, you would have to prove negligence on the part of the media defendant in order to recover damages. Since they accused you of committing a crime or at least it appears that way, more evidence and facts would be needed but if that’s the case, then you don’t have to... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... Read more »

William Bailey
William Bailey answered on Jan 14, 2021

What is your legal question?

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. My email is my ramroddavid@yahoo.com landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Civil Litigation for Maryland on
Q: My husband and I are separated. I am still in the house, and want to sell it and split the proceeds. He will not.

I am not safe emotionally or physically living with him. I am willing to move out, but cannot afford to live on my own, and he refuses to sell the house. Both our names are on the deed, but only his on the mortgage. He tried to re-finance and buy me out but was refused because he has quite a lot... Read more »

Mark Oakley
Mark Oakley answered on Jan 13, 2021

Hire a divorce lawyer. File for divorce. if grounds are not yet established for an absolute divorce, file for a limited divorce. Request pendente lite support and maintenance (pendente lite means an interim order pending final determination at a trial). If you have minor children together, you... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for New Mexico on
Q: What is the law on flag, if you have proof of someone throwing it on the ground?

And what should I do if I have proof of someone assaulting me, calling me racist names, and destruction of private property?

Stephen Aarons
Stephen Aarons answered on Jan 13, 2021

you can go to the court and petition for a protective order. If s/he does it after the restraining order is granted, the police will arrest on the spot.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Motion for Enlarged Extension?

I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 12, 2021

No. Teaching opportunity: The last thing any court wants to see in pro se litigation are pro se litigants expanding

very simple disputes into major litigation. You are trying to do something that (a) is not helpful to your case; (b) does not matter; and (c) might anger the judge. You can...
Read more »

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2 Answers | Asked in Civil Litigation for California on
Q: Can Plaintiff ask discovery about business, if isn't listed as defendant in the lawsuit? Only me and wife defendants

Me and my wife are the only defendants in the lawsuit. My business is not listed as defendant in the Lawsuit.

Can the Plaintiff ask question about business, ask for discovery about the business

Yelena Gurevich
Yelena Gurevich answered on Jan 12, 2021

they can ask, and you would have to assert the proper objections. it doesn't sound like you have an attorney and if they do have an attorney and you do not then you need to hire one because the procedural aspects and specifics of a lawsuit can affect the overall outcome of a case.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation, Criminal Law and Small Claims for Oregon on
Q: What are the laws regarding animal ownership when it pertains to not giving a dog back?

My sister-in-law moved into a house with some friends. She also brought her dog. She was kicked out a few weeks later. When asked when they would be home to pick up the dog, they said that they were not going to give the dog back. They had stolen a family member of our house. What are the options... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 11, 2021

Stealing an animal is no different than stealing anything else - legally speaking. The real issue is likely to be how can you prove the dog is hers? Receipts? Vet appointments? Especially prior to her moving in? If you think you can prove the ownership issue, then you can first file a police... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for North Dakota on
Q: I was racially profiled at a hotel and accused of selling drugs and the manger allowed a warrant to be used to come

Detain me and destroy my property not to mention no drugs where found or evidence that drugs were being sold i actually had an officer tell me that was profiled because of where I was from and how I looked can I take any legal action towards this ?

Lucas Wynne
Lucas Wynne answered on Jan 9, 2021

You need an attorney to make a motion on the issue in the criminal case

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Domestic Violence for California on
Q: i am being sued by my ex but hes lying and i have evidence to show... What can i do i cant afford a lawyer

my ex was arrested 3 times for domestic abuse against me and he is a chronic alcoholic and is very obssessed with me... He lied to the poice and had me falsley arrested and then filed a civil lawsuit with a whole bunch of lies claiming to be the victim. But i have plenty of evidence to show he is... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2021

if you can get him to agree to a binding mediation without lawyers consider:

Rich Gordon , mediations only w/o lawyers; 619 867 0904

zoom......and then they talk to their lawyers.

Lake Mirage CC

Rich Gordon

A FAIR WAY MEDIATION CENTER

760-227-5090

619-272-7001 (fax)

www.afairway.com

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: can i get evicted if my bf/gf is living with me and not on the lease?

rent is being paid on time. never late. New Jersey standard lease

Morris Leo Greb
Morris Leo Greb answered on Jan 8, 2021

Depends on the terms contained in the written lease which you signed at the beginning of your lease term. Without seeing the lease, a more definitive answer can not be given.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a police officer put a warrant out for my arrest if I was never booked on any charges, but failed to comply with

their wishes. I was almost arrested a few months ago (possession of controlled substance, schedule I), but the arresting officer approached me after being detained & as if I'd be willing to do a controlled buy. I agreed & then met w/ the narcotics officer (he wasf in plain clothes),... Read more »

David Michael Lehr
David Michael Lehr answered on Jan 7, 2021

Yes. This is the standard way that these things work. If you do your part, the case never sees the inside of a courthouse. If not, they can get a warrant for your arrest.

P.S. In the future, don't post information like this on a public forum!

Good luck!

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

2 Answers | Asked in Copyright, Civil Litigation, Civil Rights and Communications Law for Alabama on
Q: a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

Timothy John Billick
Timothy John Billick answered on Jan 6, 2021

We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.

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1 Answer | Asked in Civil Litigation for Virginia on
Q: I filed a civil suit against my ex and won. Am I allowed to charge him interest for being late, and if so how much?

he was already charged 6% interest for 16 days because he failed to take action and did not show up for court. If I can charge him where exactly is that listed I am keeping records of everything.

F. Paul Maloof
F. Paul Maloof answered on Jan 6, 2021

In Virginia, the legal rate of interest on a judgment is 6%. The court should award that interest on your judgment.

2 Answers | Asked in Consumer Law and Civil Litigation for California on
Q: Is it feasible to file a motion to compel arbitration in a collections lawsuit, as the defendant? Hoping they'll drop
Yelena Gurevich
Yelena Gurevich answered on Jan 5, 2021

if there is a binding arbitration clause in the contract, then yes, you can file a motion to compel arbitration.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have a 30 yr contract for deed, is there a statute of limitations to dispute being charged for insurance

I am being forced to pay insurance on the property or face foreclosure. Even tho the contract does not state that I am to pay said insurance. Is there a statute of limitations to file suit for recovery of insurance premiums.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 4, 2021

Have an attorney review the contract. Contracts for deed, in my experience, generally turn out poorly for the tenant. Missouri has different statutes of limitations for different causes of action. Breach of contract is generally 5 years but breach of a written contract to pay money is 10 years.

1 Answer | Asked in Civil Litigation and Education Law for Florida on
Q: Can public schools restrict the right to have a relationship, such as by a no mention policy?

Things such as a no-kissing policy, no contact policy, or no general acts in school policy, or are these a violation of freedom of due process and of association.

Charles M.  Baron
Charles M. Baron answered on Jan 3, 2021

I assume you mean rules applying ONLY to acts on school grounds, as such restrictions on acts OUTSIDE of school, with penalties for noncompliance, likely would be unconstitutional. For on-campus activity, there are all kinds of rules for decorum purposes that would withstand constitutional... Read more »

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