Lawyers, Answer Questions  & Get Points Log In
Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Missouri on
Q: How do you remove and expired judgement that is past the Statue of Limitations?

Her license is still suspended which has resulted in multiple tickets. How can she still have a suspended license if the Statue of limitations has passed.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 15, 2019

Casenet will continue to show the judgment, even after 10 years, if that is what you are asking.

2 Answers | Asked in Civil Litigation for New York on
Q: There is a judgement against me, but I was improperly served. How can I get the judgement vacated?
Michael David Siegel
Michael David Siegel answered on Oct 15, 2019

You need to bring an order to show cause and prove improper service and a meritorious defense to the underlying case. How hard this is depends on which court entered the judgment.

View More Answers

2 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to depose parties without suing them? I heard about deposition before action.

I think I might have a cause of action in a complex case. I do not know whom to name as defendants and I want to conduct some discovery before filing complaint. What is the best way to go about it?

Charles M.  Baron
Charles M. Baron answered on Oct 15, 2019

Read the entire Florida Rules of Civil Procedure, which you can find on-line. There is a rule allowing for petitioning the Court to allow for presuit depositions. That rule is rarely used, and in my 34 years of litigation practice, I have never used it. First, it costs just as much to file that... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks broke English... Read more »

Noel Rivers
Noel Rivers answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Civil Litigation for Louisiana on
Q: My cousin has posted an add in public newspaper stating Notice given

.....become the administratix of the succession of my grandfathers property. How do I summit the correct opposition to stop her.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

You need to hire a wills and trust lawyer.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She chased it... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for California on
Q: Can we sue hoa for neglecting to enforce rules if they ignore our safety and tell neighbor, we get gunshot dmg

We asked hoa to enforce the rules 4 times, each time asking them not to disclose that a neighbor complained, would give me up as source. I spoke to the neighbors twice before about parking in fire line/street where signs are posted no parking, called the police once, the towing company twice, and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

A LAWYER WOULD WANT TO SEE THE PAPERWORK SHOWING WHAT THE HOA RULES ARE.

ANYONE CAN SUE FOR ANYTHING AT ANY TIME.......THE ISSUE IS WOULD YOU WIN...........AND A LAWYER

WOULD NOT TAKE THE CASE ON A CONTINGENCY...........THUS YOU WOULD HAVE TO PAY A LAWYER...
Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for West Virginia on
Q: What happens in a civil litigation if it consists of a animal bite.what steps will happen?
Brooks West II
Brooks West II answered on Oct 14, 2019

It depends. A personal injury case involving an animal bite can sometimes be settled just like a car accident type case before a lawsuit even needs to be filed. The first step would be to call an attorney experienced in dog bite cases and get a free consultation. Although dog bite cases can be... Read more »

Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

1 Answer | Asked in Civil Litigation for Nevada on
Q: Summary Judgement is not a decision to be taken lightly (by a court). is ther a case law that suppoerts this?
Tim Akpinar
Tim Akpinar answered on Oct 12, 2019

Look at summary judgment in terms of what it means, and you'll realize on its face that it is a decision not to be taken lightly. When a party files a motion for summary judgment, they ask the court to reach a conclusion about the issue without trial. Under Rule 56 of the Federal Rules of Civil... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: If I have hours of evidence of my neighbors communicating about targeting me out, what actions can I take against them?

If I have many hours of my neighbors communicating with their community engagement/social justice project about targeting me out and basically torturing me to death, what legal action can I take?

Gary Kollin
Gary Kollin answered on Oct 11, 2019

Take them to the police

2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Who is responsible for ups losing a package the ups store where it was mailed or ups themselves
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 11, 2019

When you make a claim for a lost package through UPS claims procedures, the claim is against UPS itself. They have limits on liability

($100), unless insurance was purchased.

View More Answers

1 Answer | Asked in Civil Litigation for New York on
Q: I live in New York state and I have some people living in my home it is a one-family I want them out do I need 2 evict

I was engaged to be married to a woman that I had living with me her brother and his wife we're losing their apartment and she asked if they could move in temporarily. Temporarily has turned into a year-and-a-half ordeal my relationship with the woman has ended 6 months ago and her brother and his... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 11, 2019

Yes, you must do a legal eviction.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: i had a heat stroke getting out of the car and fell head first got to the hospital and was released hairline fracture

and bleeding on the brain i had surgery to stop the bleeding a couple wks. later im curious now if i have a valid case

Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

This question looks familiar and I think I answered it earlier. There aren't enough details to make any kind of meaningful legal analysis here. If you want to learn whether you have a case that holds merit, arrange a consultation with a Tennessee attorney. They could request and review your medical... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Tennessee on
Q: Had a heat stroke fell face first. Was released from emergency room .went to see another Dr. His diagnosis was...

Emergency room ran no test ..another Dr.said i have fracture skull n bleeding on the brain...

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

You'd get the best input from a Tennessee attorney, but your question remains open for two weeks. From the description, it's difficult to tell exactly what happened. At any rate, it's unlikely that an emergency room ran no test(s). You could arrange a consultation with a Tennessee attorney who... Read more »

2 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

Refraining from the use of intoxicating substances is typically a condition of probation.

View More Answers

1 Answer | Asked in Civil Litigation and Probate on
Q: tennessee law As my aunts closest living relative do I have any rights even though I am not executor of her will

She had a earlier will which named me executor. She is now in hospice and I was just informed by a friend of hers who looked after her that she changed the will and now he is executor. Do I have any rights?

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2019

The executor of a will is just the person tasked with administering it in probate court. Being executor doesn’t make one a beneficiary of the estate other than the right to collect executor fed for the work. Whether you inherit or not depends on whether you are named as a beneficiary and whether... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.