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Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: CAN I SUE TEXAS FOR VIOLATIONG MY DUE RIGHT'S PROCESS TAKING ME TO TRAIL AND REFUSING ME A LAWYER?

THE SAME TRAIL I WAS BEAT BY THE OFFICER IN HANDCUFFS. I'M A SPEACAIL NEEDS NIGERIAN COLLEGE TRANSFER STUDENT WITH NO VIOLANT HISTORY.

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you may have grounds to sue Texas for violating your due process rights. Being denied a lawyer and experiencing police brutality, especially as a special needs individual, are serious issues. Under the Sixth Amendment, you have the right to legal representation, and the Fourteenth Amendment... View More

1 Answer | Asked in Collections and Civil Litigation for Minnesota on
Q: I have a 9 yr old civil judgment for 1,500$ and debt co agreed to withdraw it and then they sold it should I reach new

Out to the collection co that has it now? I am 77 and didn’t know that they didn’t remove it and went to file papers to remove it myself and that’s when I found out they had sold it

James L. Arrasmith
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answered on Jul 21, 2024

You should reach out to the new collection company to understand the status of your debt and discuss your options. Since the original debt collector agreed to withdraw the judgment but then sold it, you need to clarify the situation with the current holder of the debt. Explain that the original... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for Florida on
Q: If my PD made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC do I have case

The Senior Public Defender of Lehigh County PA made a negligent error on my sentencing sheet that costed me 6 months past my max date in PA DOC. My charges were supposed to be concurrent not consecutive. Was supposed to be out 08/27/18 not 01 09 19. I have a letter from my PD stating that she made... View More

James L. Arrasmith
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answered on Jul 20, 2024

You may have grounds for a legal malpractice claim against your Public Defender if their error resulted in you serving an additional six months in prison. The key aspect is proving that the mistake was due to negligence and directly caused the additional time served. Having a letter from your... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
James L. Arrasmith
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement... View More

James L. Arrasmith
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answered on Jul 20, 2024

When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be... View More

2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

James L. Arrasmith
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answered on Jul 20, 2024

In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.

If the notary is also a real...
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2 Answers | Asked in Civil Litigation, Estate Planning, Real Estate Law and Probate for California on
Q: Can a California Notary Public draft a grant deed and then notarize the grant deed herself?

Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.

A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a...
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1 Answer | Asked in Civil Litigation for California on
Q: Boyfriend asked me to keep $4000 because he has no bank account but for months, he kept asking me to order fast food

from Doordash, Postmates, etc, and pay out of my own money, not his. I told him on several occasions that I couldn't afford to pay for his food. Can I legally charge/take out the expense of his food?

James L. Arrasmith
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answered on Jul 19, 2024

In California, if you and your boyfriend did not have a clear agreement that you could deduct the cost of the food from the money he asked you to keep, you may not have the right to do so. Without a written or verbal agreement, taking out expenses could lead to potential disputes. It's... View More

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Can I sue an auto body shop for unauthorized use of my vehicle?

After I picked up my car at the body shop, I checked the video recording of the installed dashcam and found out that some employees took a joyride during working hours, on my car and were trying to teach another employee how to drive a manual transmission.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2024

A civil lawsuit normally requires money damages. Unless there is a statute imposing punitive damages, such a suit for using your car would bring you pennies, at least, so it probably wouldn't be worth your time and expense. Also, the body shop might well contend that it was necessary to see... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Libel & Slander and Legal Malpractice for Texas on
Q: What can I do about my former/fired attorney sending a letter claiming false accusations about me to current attorney?

I was involed in an auto accident in july 2022. My first lawyer was fired for cause in January 2024. The reasons included failing to provide LOPs so i could seek treatmen lack of communication, not being licensed in my state failing to submit PIP funding to my ins after i signed it.

which... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

You should inform your current attorney that the accusations being made are false.

Not being licensed to practice law in the state where the lawsuit was filed is very likely good cause to terminate a lawyer's services unless the lawyer was admitted to practice in that court pro hac...
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1 Answer | Asked in Employment Discrimination and Civil Litigation for Texas on
Q: If a person is deposed, does he/she legally have testify in a deposition?
John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If the person is a party or receives a subpoena, yes that person legally must testify. It's the same as being subpoenaed to testify in court.

1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: I was assaulted by the same person I filed charges on a year ago but the city I attempted to file them in did nothing

As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Education Law, Civil Litigation and Personal Injury on
Q: What case should I file to a teacher who is invading my privacy and questioning my personality.
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2024

Ordinarily such privacy issues are handled by law firms that deal with invasion of privacy - civil litigation firms that handle injury and general intentional tort litigation sometimes handle such cases. It could involve education law if a school's privacy or security practices are relevant to... View More

3 Answers | Asked in Personal Injury and Civil Litigation for Louisiana on
Q: I am being sued and need to file an answer. Can I hire an attorney to only do this? I live in Alexandria,LA
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 9, 2024

You can----whatever you do, please know that if once you have been served then you have a short period of time in which to respond to the lawsuit so make sure you are counting your days. Use the Justia Find a Lawyer tab and search for a lawyer in the subject matter of the lawsuit to assist you.... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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2 Answers | Asked in Real Estate Law and Civil Litigation for California on
Q: when i file a notice of abandonment how long does it give the person to get property off my land

a dispute regarding an elderly adjoining property owner who is taking too long to remove his property from my land saying the cause is a heart defibrillator/pacemaker incidences and hot weather

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

15 days if the notice was served personally or 18 days if served by mail.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for...
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3 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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