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Minnesota Civil Litigation Questions & Answers
3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: I believe I may have a false advertising case.I have screen shots of the claims and tracking info.

Dumerth.com

Advertises made in and ships from Boston, MA and it comes from Shenzen, China and they couldn't uphold their VIP shipping contract of 3-7days as well.

No damages yet. Was buying under the impression it was American made. Misleading. I wouldn't have purchased if... Read more »

William Bailey
William Bailey answered on Feb 16, 2021

What are your damages? As a general rule, without damages lawsuits aren't worth the time and effort they take.

3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 3, 2021

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Minnesota on
Q: Can you lose all your rights such as court proceedings, i.e. criminal charges papers served directly to your unless f

Family members got guardianship? Woyld you not be aware of criminal proceedings and would you get a care taker without your permission or your say so to whom it may be. Could law keep threatening daily with warrants and family

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2021

This question is incredibly confusing. It's unclear what is being asked. Criminal charges and a guardianship are two entirely different things and are unrelated to each other. A warrant could certainly be issued if you missed a court hearing on a criminal matter, but that has nothing to do... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... Read more »

William Bailey
William Bailey answered on Jan 14, 2021

What is your legal question?

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bought five tractors have a copy of a check and a bill of sale , Tractors were gone when went to pickup.

Have messages on my phone

James A. Teigland
James A. Teigland answered on Dec 7, 2020

You have a couple of options. First, you should consult with an attorney. Many attorneys offer free initial consultations. But if you don't want to do that, consider sending a demand letter for the tractors and/or return of your money. If that does not work, sue in small claims court (if... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I signed a lease that I am just now learning is for 15 months after they advertised for 12. Is the contract void?
William Bailey
William Bailey answered on Nov 25, 2020

You might be able to re-negotiate the terms. You should reach out to an attorney directly for more specific advice on your situation.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bonded out of jail on 4 different occasions where i end up winning at trial either by dismissal or acquittal. Bond$??

Am i entitled to my money i payed to the bond company?

William Bailey
William Bailey answered on Nov 16, 2020

No. The bond company keeps the money you paid as their fee for assisting you with pretrial release.

1 Answer | Asked in Civil Litigation and Personal Injury for Minnesota on
Q: Can you sue in small claims court in Minnesota for emotional distress?
Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

A Minnesota attorney could advise best, but your post remains open for three weeks. Until you are able to consult with a Minnesota attorney, here is a link to a resource for small claims litigants. It was prepared by the Minnesota Attorney General's office and can be found on the Internet by... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Can I still look into suing a company from last June for being spray by Chemicals?

I live in the country in rural Mower County MN. Surrounded by fields. June 3 my kids and I were out in the back yard kids were in the pool I was working on some brush piles. The winds were 30mph + from the South that day and Northern County Coop decided to spray herbicides that day with a brand new... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

If you suffered an actual injury, sure you can sue. But you will need to be able to prove that injury. Medical records are where you start.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Minnesota on
Q: Separated but married, selling house and she received 2K from buyers today. Does she need to give me half?

She is refusing to give half, is she able to do that?

Corwin Kruse
Corwin Kruse answered on Mar 4, 2020

By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Minnesota on
Q: Can a healthcare provider or system be held accountable for harm caused by not treating someone or finding a new doctor?
Tim Akpinar
Tim Akpinar answered on Feb 10, 2020

It's possible they have provisions in their policy that covers them for changing the availability of health care providers to cover themselves for the contingency of participating physicians exiting their plan. They could also have provisions that place part of the responsibility on patients... Read more »

2 Answers | Asked in Bankruptcy and Civil Litigation for Minnesota on
Q: I am being sued for 2900 plus lawyers fees. I work 2 jobs and only make little money what are my options bankruptcy.

Lawyers are Messerli & Kramer PA i have to respond in 21 days I cant afford this and i am in debt for 20,000 i am in college and trying to change my life can you help me. What do i do now.

Marie Martin
Marie Martin answered on Feb 7, 2020

I would strongly recommend meeting with me or another bankruptcy attorney asap to figure out whether filing for bankruptcy relief would be a good fit for you. Bring the complaint with you to discuss it.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »

William Bailey
William Bailey answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: Hi we received a letter from a law office about a old medical bill we were told would be taken care of long time ago.

They say they are taking us to court. We are on social security.... what can we do

Tim Akpinar
Tim Akpinar answered on Mar 7, 2019

As a starting point, you could contact the law office to learn something about the bill in terms of the amount due and what services it was for. If they are willing to discuss the matter and your explanation that you were told it would be taken care of and taking into consideration your position,... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on
Q: My name was put on a lawsuit, but

I have nothing to do with it - is there something I can file with the court to get out of it?

Tim Akpinar
Tim Akpinar answered on Nov 23, 2018

I do not practice in Minnesota but your question remains open for four weeks. From what you describe, it sounds as if you might not be a party to the suit. It’s difficult to say exactly what context your name is involved in the lawsuit without seeing the summons and complaint. You could show the... Read more »

1 Answer | Asked in Civil Litigation for Minnesota on
Q: What are affirmative defenses?
Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

Generally speaking, an affirmative defense is saying "even if everything you say is true, I am still not responsible because of X." A good example is the statute of limitations: "Even if I breached the contract as you say I did, that was 10 years ago so it is too late."

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I filed a restraining order with the false information the respondent gave under perjury? How to rectify this?

This person goes by the name "Masked Babe" on Twitter, YouTube, Discord, and Twitch. I provided their twitter account and the name "masked babe" on the restraining order.

James A. Teigland
James A. Teigland answered on Oct 21, 2018

I would prepare an "Amended Petition" with the correct name and just file it in the same case and serve the document by U.S. Mail.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Minnesota on
Q: I was recently terminated from a court ordered group class for a breach in their confidentiality agreement.

Like I said above, however we are acquaintances outside of the program and we live in a small town so word gets around quickly. I shared some info with a third party person about somebody in group told me, however the information was shared with me over a private conversation while we were sharing... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jul 3, 2018

In the context of successful completion of programming as a condition of probation (conditionally stayed jail or prison time), it not likely a judge will want to get into the details of why a probationer was kicked out of a program. I am skeptical that would be a fruitful approach. Rather, it may... Read more »

2 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: How do I get a new trial for a case that was decided against me? I have evidence that the opposing party lied in court.

I have audio recordings and new evidence that proves the opposing parties witnesses committed perjury. The Judge has a bias against me and has since refused to listen to me. Do I approach the MN Bar Association or how would I proceed to get the false charges against me dropped or reexamined in a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 6, 2018

The process for a new trial involves appealing the conviction. The alternative is too seek post-conviction relief if the time frame for appeal has expired. However this would be dependent on "newly discovered" evidence. You should consult with an attorney about what your avenues to... Read more »

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