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District of Columbia Civil Litigation Questions & Answers
1 Answer | Asked in Family Law and Civil Litigation for District of Columbia on
Q: I was kicked out and my phone was taken. It’s under a family plan but all of my information is on it. Can I get it Back?

Im 19 and was forced out my parents house. They took the phone they gifted but because of their own personal reasons, it stood on their family plan. I have my work, phone numbers, things I need. Do I have the right to get the information at least when I go back for my belongings?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

If you are based in the District of Columbia, the laws of the District will likely control and govern how this question is answered. Essentially, this matter is a mixture of a few different legal principles: Contract Law, D.C. Common Law, and Privacy Rights.

First, family plan agreements...
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1 Answer | Asked in Civil Litigation for District of Columbia on
Q: I am a defendant. I have challenges finding a lawyer as I am not from the USA nor do I reside.

I sent a settlement myself, however, I am unsure of the next steps. How to file an answer, if I have to, and how does the process work after this? Any help would be appreciated.

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

Your issues here, appear to be multi-faceted. Unfortunately, without further information, the assistance that I can provide is limited. It seems that you are in the early stages of defending yourself in a civil action, in a lawsuit that was initiated in Washington, D.C. Given the information you... View More

2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for District of Columbia on
Q: Should I take legal action on my u4u sponsor who have put my mental/physical health at risk,with force on being homeless

My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More

James L. Arrasmith
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answered on Jan 14, 2024

I'm sorry to hear about the challenges and hardships you've been facing. It's important to understand that your situation sounds serious and might require legal intervention. However, it's essential to consider a few key points before proceeding with legal action.

First,...
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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for District of Columbia on
Q: Should I take legal action on my u4u sponsor who have put my mental/physical health at risk,with force on being homeless

My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 15, 2024

There are limited mechanisms to handle these situations. The best remedy is to be a good guest. Obviously, things sometimes do not work out. However, you are entitled to file for an employment authorization card.

In addition, you should seek the assistance of a not for profit, community...
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Q: Attorney General for Maryland submitted Application for Expungement of Wrongful Conviction Records without my knowledge

Administrative Judge issued Order for Expungement, Certificate of Compliance from Public Safety attested Order Complied with but same Wrongful Conviction Records is showing on background Check for over 30 years. Attorney General Who filed for Expungement Represents Maryland’s Public Safety Agency... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, if there is a court order for expungement that hasn't been complied with, you may indeed have a legal claim against the responsible parties for non-compliance. This can be particularly relevant if the wrongful conviction records are still affecting your life, such as... View More

1 Answer | Asked in Adoption, Civil Litigation and Family Law for District of Columbia on
Q: if A lawyer file A Motion for adoption & the child’s full name is not on the Motion is it legal
James L. Arrasmith
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answered on Feb 25, 2023

If a child's full name is not included in a motion for adoption, it could be considered a technical error. However, this does not necessarily mean that the motion is invalid or illegal. It is possible that the court could allow the motion to proceed and consider the child's identity and... View More

1 Answer | Asked in Civil Litigation and Civil Rights for District of Columbia on
Q: Is a law firm responsible and liable for their attorney's misconduct?

I hired a lawyer that can practice in DC, however, his firm is based in Atlanta, Georgia. This lawyer lied, filed documents without my consent, and disappeared by not responding to emails and text messages, etc. and my case was just dismissed due to his erratic behavior.

I reached out to... View More

Steven Krieger
Steven Krieger
answered on Jul 2, 2020

It sound like you may have a legal malpractice claim against the firm. Without more details, it's hard to provide more information, but it's certainly worth exploring and I'm sure anyone who responds would be happy to help if you decide to engage an attorney. Good luck.

1 Answer | Asked in Civil Litigation for District of Columbia on
Q: What forms or action needs taken on behalf of client legal rep in a current litigation or court case if untimely death?

The client or plaintiff has legal rep . In case of untimely death. What action does legal rep need to do to continue court case

Mark Oakley
Mark Oakley
answered on Jun 1, 2020

It depends on whether the type of claim is one that survives the death of the party in the case. Some claims do not survive and must come to an end (libel actions, for instance; child support/alimony and custody cases; etc.). others, such as contract actions, claims for damages caused by... View More

1 Answer | Asked in Contracts and Civil Litigation for District of Columbia on
Q: What is the law regarding a moving company holding your items until you pay their demand for more money?

I hired a moving company to relocate my items in Seattle to DC. They are now claiming that my storage until which only held a capacity of 400 cu ft took up 425 cu ft of their trailer and that they have to transfer my items to a shuttle because the semi currently carrying my items is too big to go... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Jan 21, 2020

Well, I think you should call a lawyer and see what he can do. It's going to cost, but probably less than the $853.00. If the lawyer can't work something out, if you want your property back you may have to pay now and sue later...if you have a legal grounds to sue. It all depends on whats... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Construction Law for District of Columbia on
Q: I am frustrated here. I need to find an attorney that handles both personal injury and property damage in Maryland. ASAP

My mother's house had 1/3 roof replaced due to a wrong address. In result of myself stopping the roof contractor's workers, I fell over the tarp that blocked the path. My ankle is broken and other foot is injured. Adjuster said we need to go together in a claim against lowe's.

Tim Akpinar
Tim Akpinar
answered on May 17, 2019

You have a number of options. You could contact attorneys on this site (under Find a Lawyer), you could go through a bar association referral, or you could conduct your own independent search on the Internet.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Legal Malpractice for District of Columbia on
Q: Can a law firm be sued?

The law firm representing me in a civil/non-payment of rent pro bono case made a donation to a non - profit legal organization that filed an unfounded domestic violence (criminal) case against me in family court on behalf of a woman who married me for a green card.The law firm did nothing for me... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Nov 30, 2018

Well, I guess you got what you paid for. But seriously, even though the firm represented you for free, if it was negligent in the handling of your case and breached its duty of care compared to other law firms in the community, handling the same types of cases, theoretically you can sue the firm.... View More

3 Answers | Asked in Personal Injury and Civil Litigation for District of Columbia on
Q: I was hit in the District, but live in Virginia -- which laws apply?
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

You want to sue in DC because the law of the place where the accident occurred governs your legal rights and the claim, plus DC courts have subpoena jurisdiction up to 25 miles outside its borders to compel witnesses and obtain necessary documents if needed. The defendant cannot object to being... View More

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1 Answer | Asked in Civil Litigation for District of Columbia on
Q: Can I save the SOL on my civil case when I didn't file for a stay pending outcome of the criminal case?Is it automatic

I was the accused in a criminal matter with employer. It got dismissed and then I filed a civil case in Superior court suing for wrongful termination.I did not know to stay the civil proceedings pending criminal trial. Now defendant is trying to time bar all issues. Can parallel cases be... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 28, 2018

Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed... View More

1 Answer | Asked in Civil Litigation and Employment Law for District of Columbia on
Q: I was fired in DC on 8/28/17 I had 98 hrs of vacation time. How can I receive compensation my accrued vacation time?

My former employer refuses to pay me for the time. The handbook says that any unused vacation time is paid on your final check. I informed him that I did not receive it on my last check. He sent me a letter stating that he's not paying me for the vacation time because I was terminated. The... View More

June Marie Marshall
June Marie Marshall
answered on Sep 22, 2017

You can file a claim with the Washington DC Office of Wage and Hour Compliance. The website is https://does.dc.gov/service/office-wage-hour-compliance.

1 Answer | Asked in Products Liability and Civil Litigation for District of Columbia on
Q: Hi. Is there a way to search if Alcoa Inc. has been sued b/c of cladding deficienties? Or when cladding was regulated?
Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

For Alcoa suits you'd have to go through each one--there's no master subject index. Note that some states do code by type so you can narrow inquiry down to "tort." Buidling materials have not generally been regulated as that is up to building codes--federal regulation was fought... View More

2 Answers | Asked in Products Liability, Civil Litigation and Environmental for District of Columbia on
Q: Hello I am looking for statues/codes on cladding. So far, I've found 42 U.S.C. § 9703. Thoughts? Thanks!
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 29, 2017

There are construction codes in each city, county, state, and the federal government that apply to construction standards. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

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1 Answer | Asked in Civil Litigation for District of Columbia on
Q: What does Motion to continue second motion to dismiss mean in a civil suit case ?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

A continuance is a request to move a date for a hearing further in the future. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Civil Litigation for District of Columbia on
Q: What authority is there for the proposition that a federal civil judgment is in effect until it is vacated/reversed?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 13, 2011

It's a matter of rule. But that is not necessarily the true question. You should ask what is the scope of the judgment, and how can it be enforced, and for how long?

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