Civil Litigation Questions & Answers by State
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Civil Litigation Questions & Answers
Q: I'm being harassed by phone from a south carolina resident and I live in P.a..what are my options for filing suit?
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Communications Law
for
South Carolina
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
John W. Molony's answer
As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of Protection through the Family Court in Order to restrain a family member, an ex-spouse, or a boyfriend or girlfriend they live with or even used to live with. One would seek a Restraining Order from a...
As a South Carolina attorney I cannot speak to the law in Pennsylvania. In South Carolina in situations where one feels threatened or in need of protection, one can seek either a Family Court Order Of Protection or a Restraining Order from a Magistrates’ Court. One would seek an Order of Protection through the Family Court in Order to restrain a family member, an ex-spouse, or a boyfriend or girlfriend they live with or even used to live with. One would seek a Restraining Order from a...
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: I need to know. How a person find out how? If case been settled
Timur Akpinar's answer
A good place to start could be to ask your attorney. As a general matter, attorneys discuss settlement terms in personal injury cases with clients before accepting an offer.
Tim Akpinar
A good place to start could be to ask your attorney. As a general matter, attorneys discuss settlement terms in personal injury cases with clients before accepting an offer.
Tim Akpinar
Q: Is there a law that says the Comptroller of Maryland can revoke driving privileges?
Mark Oakley's answer
In Maryland, your driving privilege can be suspended for multiple reasons unrelated to traffic violations, among which are unpaid state taxes, unpaid child support, civil judgments from an automobile accident for which you did not have the required auto insurance required by law, etc. When the Comptroller suspends, it is generally for unpaid tax debt. The way to address that is to set up a payment plan (typically cannot be longer than 60 months) to pay off the debt. Upon setting up such a...
In Maryland, your driving privilege can be suspended for multiple reasons unrelated to traffic violations, among which are unpaid state taxes, unpaid child support, civil judgments from an automobile accident for which you did not have the required auto insurance required by law, etc. When the Comptroller suspends, it is generally for unpaid tax debt. The way to address that is to set up a payment plan (typically cannot be longer than 60 months) to pay off the debt. Upon setting up such a...
Q: Was lied to about replaced transmission condition in used car sale and have proof. Would I win in small claims court?
Griffin Klema's answer
Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the judge versus your friend's credibility. Who will the judge (or jury) believe? That's what it will probably come down to unless you have a document (text message, email) written by the friend that states in clear terms...
Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the judge versus your friend's credibility. Who will the judge (or jury) believe? That's what it will probably come down to unless you have a document (text message, email) written by the friend that states in clear terms...
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
| Asked
in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?
1 Answer
| Asked
in
Consumer Law, Banking and Civil Litigation
for
California
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
William John Light's answer
A Verification is provided with discovery responses, not with the actual discovery.
A Verification is provided with discovery responses, not with the actual discovery.
Q: An ex attorney as a resident agent was served a summons on a llc that i had i have not been served. Do I need to respond
Peter H. Westby's answer
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
Q: Can you sue an employer if your info was released do to a data breach.
1 Answer
| Asked
in
Civil Litigation, Employment Law and Personal Injury
for
California
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Dale S. Gribow's answer
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
Q: HOW TO FIND LEGAL HELP WHO CARES ABOUT JUSTICE TO HELP TO REMEDY INJUSTICE?
Peter Munsing's answer
Start by figuring out if you can bring the case. If you can't then try to get journalists interested in it. Try the Civil Liberties Union in your state.
Start by figuring out if you can bring the case. If you can't then try to get journalists interested in it. Try the Civil Liberties Union in your state.
Q: If something is dismissed with prejudice, does that mean we can't appeal at all?
Charles M. Baron's answer
No, it means the Court has ruled you can't re-file a complaint/petition on the same matter in that same Court. Whether a dismissal is with prejudice or without, a final order of dismissal may be appealed within 30 days. Also, a motion for rehearing may usually be filed in the Court that issued the ruling, and if so, the 30 days to appeal will not commence to run until the disposition of the motion for rehearing.
No, it means the Court has ruled you can't re-file a complaint/petition on the same matter in that same Court. Whether a dismissal is with prejudice or without, a final order of dismissal may be appealed within 30 days. Also, a motion for rehearing may usually be filed in the Court that issued the ruling, and if so, the 30 days to appeal will not commence to run until the disposition of the motion for rehearing.
Q: I am losing my sale of home in Bedford,Ohio due to a 10 year old POS that came up prior to closing.
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney where the property is located to work it out with the inspector and advise you.
Use the Find a Lawyer tab to retain a local real estate attorney where the property is located to work it out with the inspector and advise you.
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Small Claims
for
Virginia
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
F. Paul Maloof's answer
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Real Estate Law and Elder Law
for
Florida
on
Answered on Dec 12, 2018
Answered on Dec 12, 2018
Charles M. Baron's answer
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.
Wesley Winsor's answer
As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and tell each owner to "stay" on their side).
I can't tell from your question who would be selling the house if the owner hasn't signed and you are on the deed, but if there is a willing seller,...
As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and tell each owner to "stay" on their side).
I can't tell from your question who would be selling the house if the owner hasn't signed and you are on the deed, but if there is a willing seller,...
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens' answer
If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.
If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.
Q: Is my social security disability and my va law enforcement retirement check exempt from garnishment or lien?
F. Paul Maloof's answer
Under federal law, social security benefits and retirement benefits are exempt from garnishment.
Under federal law, social security benefits and retirement benefits are exempt from garnishment.
Q: What is my mother entitled from her father since she was only child?
Leonard R. Boyer's answer
Your mother would need to consult with an experienced Probate attorney in order to determine the answer.
Your mother would need to consult with an experienced Probate attorney in order to determine the answer.
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