Civil Litigation Questions & Answers

Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Answered on Jan 23, 2018

It may depend on the facts of the case and the remedies allowed by contract or statute and whether or not it could be a Human Rights Commission type claim. If this is a straight forward negligence claim then it would be three years but and this is a BIG but, the person bringing suit has to exhaust all of his or her remedies prior to bringing suit in either state or federal court. In other words, watch out for demanding hearings in front of the school board or some Board in charge of...
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Q: officer lied and arrested me for DUI case was dismissed (suppressed evidence) how do I get my legal fees and fines back

2 Answers | Asked in Civil Litigation and DUI / DWI for Florida on
Answered on Jan 23, 2018

Highly unlikely, unless you can successfully sue for false arrest. The standard of proof for that type of lawsuit is very high to get any recovery and you'll have to find a lawyer willing to take it on.
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Q: Is it against the law for a person to claim they are the stepmother of a child 15 yrs of age in order to.....

1 Answer | Asked in Civil Litigation, Family Law and Juvenile Law for Tennessee on
Answered on Jan 22, 2018

A 15 yo does not need parental consent to go on birth control They can consent themselves. So someone pretending to be a step parent is irrelevant. A step parent could not consent if consent were needed. If consent is needed, only a parent or legal guardian can consent.
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Q: Hello I bought a used car a year ago, i was arrested because the police said I had improper tags(photo copy) can I sue?

1 Answer | Asked in Civil Rights, Civil Litigation and Consumer Law for New York on
Answered on Jan 22, 2018

Sue who? You are supposed to get new plates when you buy a car.
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Q: My husband passed away. I transferred his vehicle to my name . His mom is keeping it from me. What do I do?

2 Answers | Asked in Civil Litigation and Probate for Florida on
Answered on Jan 22, 2018

In theory yes it is stolen. You should start by talking with the police showing them your paperwork and the title and then see what they will do. If the policy will not do anything you need to hire a litigation attorney from your area to assist you in getting the property back via a replevin type of action. Best bet would be for the police to get involved.

Good luck,
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Q: In Idabel, OK, can I legally sell a non running vehicle that has been sitting in my yard for 2 years without a title?

1 Answer | Asked in Criminal Law, Civil Litigation and Divorce for Oklahoma on
Answered on Jan 22, 2018

No, you can not sell a car without the title. However, all you need to do is visit a tag agency and fill out the information to obtain a replacement title.
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Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage Counties, the new filing will be assigned to the original judge.
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Q: MY insurance denied my claim. How do I go about appealing the decision?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for California on
Answered on Jan 22, 2018

Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.
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Q: I was a week late on a payment due to me overworking and my car dealership gave no notice of repossession is this legal?

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Answered on Jan 22, 2018

I am not an expert on car repossession issues. However, I reviewed the Florida Attorney General's website and it states that first, your agreement is governed by contract and second it states that a creditor can repo your car without notice if you are in breach of the agreement.

You facts state that you missed a payment. The law does not have a grace period due to the storm for payments on a car.

You need to contact the car dealer asap to try to arrange to pay the back payment...
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Q: What forms would be necessary in obtaining written permission from owner to legally enter onto their private property?

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Civil Litigation for Florida on
Answered on Jan 22, 2018

Simply put. Your situation is more complicated than this free Legal advise site. You need to consult with an attorney in your area to develope agreements that you can use on a repeated basis to do the photography projects.

Good luck.
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Q: Is there time-limit I can park my car in Walmart parking lot between 9am-5pm?I buy product there and have invoice

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Answered on Jan 22, 2018

The wal mart parking lot is a private lot or property. Therefore Walmart can dictate parking lot policies.

Also having a sign on your roof likely put you under some type of sign ordinance in your area.

No way to say if what you are doing is illegal or legal without knowing the local ordinances and wal mart’s parking rules.

Clearly your intent is not to shop at wal mart, your intent is to leave the vehicle their all day to advertise your business.

Consult...
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Q: Can a Trial Subpoena be served on an out of county resident?

1 Answer | Asked in Civil Litigation for Illinois on
Answered on Jan 21, 2018

Yes, service can be made through public notice, too, if ordinary/local service refrained.
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Q: Is fake complaining to a business to get free stuff illegal? Especially if you make thousands of dollars off of it?

1 Answer | Asked in Civil Litigation and Consumer Law for Pennsylvania on
Answered on Jan 21, 2018

Ref your question. It falls under fraud and cheating.
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Q: I live in Hamilton co Tn but I'm not on lease I rent from Tennant do they still hate to evict me

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Answered on Jan 21, 2018

Your status is of sub-tenancy. If tenant is evicted, you have to be evicted too unless the LL agree otherwise.
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Q: In Virginia, is there a law requiring notarization or other authentication of a Deed of Trust prepared in another state?

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Answered on Jan 21, 2018

You need to challenge the Deed of Trust in Circuit Court and make the lender a party.
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Q: Can my doctor make me take a negative online review down?

2 Answers | Asked in Civil Litigation, Civil Rights, Medical Malpractice and Libel & Slander for Florida on
Answered on Jan 21, 2018

You should confer with an attorney of your own to determine if the posting is defamatory.
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Q: We had a company come through a locked gate with a private property sign to repo a building. Can we do anything

2 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Answered on Jan 20, 2018

What do you mean "repo a building"? They took the building? Was it a mobile home, or what? How did they open the gate?

it the building is a part of the real estate, they would have to first sue to foreclose the mortgage and get an order for a sale. If it was something else, there might be other laws they would have to comply with. But your question, as written doesn't make much sense.
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Q: When do I file for default judgement

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 19, 2018

A default judgment is filed with the trial court when the defendant did not file an answer within the time allowed.

An appeal is filed with the appellate court after the ruling by the trial court.
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Q: If someone use your car and wreck can your license be revoked by a Law Firm if you was not at fault?

1 Answer | Asked in Civil Litigation and Car Accidents for Tennessee on
Answered on Jan 19, 2018

Your question is hard to follow, but if you were not insured, and your vehicle was involved in a wreck, Yes, you can be held liable for the damages as the owner of the vehicle. Your license can be revoked for failure to comply with the financial responsibility law ( insurance) if you do not pay for the damages.
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Q: HOW MUCH TIME DOES COURT HAVE TO ARRAIGN IN GA.

1 Answer | Asked in Civil Litigation, Civil Rights and Traffic Tickets for Georgia on
Answered on Jan 19, 2018

That isn't surprising. Some courts take longer than 1 year.
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