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Civil Litigation Questions & Answers

2 Answers | Asked in Criminal Law and Civil Litigation for Florida on

Q: Can I get arrested just because someone said I stole something from them

This person accuse me of stealing something. Then they said if I paid for I can continue to live their. When I could not pay them the money they locked me out of the house and kept every possession than I own. Is this even legal and can I get arrested for something then I did not do. And how do I... Read more »

Charles M. Baron answered on Sep 8, 2019

Wow, you were really victimized by a horrible person, and you have multiple legal issues to sort out. Regarding the issue of whether you can be arrested if that person tells the police you stole something, sure you can, IF the person presents credible evidence to the police that would cause a... Read more »

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Litigation and Civil Rights for Louisiana on

Q: What is a possible sentencing or punishment for a first offense on domestic violence/child endangerment law?

There was a domestic violence act between a man (the offender) and woman in the household, a child was around and got hurt unintentionally.

Ellen Cronin Badeaux answered on Sep 8, 2019

Exposure depends on the injuries to the victim.

1 Answer | Asked in Civil Litigation for California on

Q: Can I sue a movie production company for invasion of privacy if they used the name of my dead dad in a movie ?

Can I sue a movie production company for invasion of privacy because they used the name of my dead dad in a movie about terrorism? (My dad was a uh .. a terrorist.. ) The movie is really famous and we found out that they used his name in it through our relatives who saw the movie and noticed it.

Joseph Franklin Klatt answered on Sep 8, 2019

Your real problem is this is prime First Amendment territory. If the accusations were true, or reasonably close within artistic license, it will be hard to complain. You can't had bad acts behind the veil of privacy, particularly if they are terroristic, which are by nature intended to be public... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Texas on

Q: How to determine the value of a business thirty years ago?

someone almost thirty years ago gave (Probably, sold it.) someone a convenience store that did not

even have a one year leas left. We think the value of the business based on the fact that it did not even

have a year of lease left, in store sale and the inventory could not be more... Read more »

Tim Akpinar answered on Sep 7, 2019

This is really the territory of tax attorneys, business litigation attorneys, or sometimes divorce attorneys where spouses jointly hold interests in a business. But your question remains open for five weeks. There are companies and consultants out there that perform business valuations and that... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Criminal Law and Federal Crimes for New Jersey on

Q: I have a signed one year residential lease with my tenant. He has only paid initial month and deposit. He did not have e

He did not have employment like he told me so he knew he would not have the rent when he signed. He has a history of bad debt, judgements for non payment, jail for check frauds, etc. Is there anything criminal for bad faith entering into the lease knowing he would not be paying?

H. Scott Aalsberg Esq. answered on Sep 6, 2019

Unfortunately you should have done a background check prior to giving the lease.

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Identity Theft for California on

Q: I am seeking a pro Bono lawyer to help with this matter. My family was laughed at as we left the motel also followed

The motel employees and owner treated us like crap and now we are sleeping in my truck. My children are ashamed and disappointed by the treatment and verdict.

Tim Akpinar answered on Sep 6, 2019

I'm sorry for your ordeal here. You could contact the State Bar of California - they have resources for free legal help that you could explore. They are located in the section of their website, "Public." Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on

Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that either... Read more »

1 Answer | Asked in Civil Litigation for Florida on

Q: i have to force my ex to sell our apartment . Can you help me

I have an apartment with my ex , i have to leave for my safety, he have records of domestic violence before and i had a few incidents that i have to call the police . i was recommended by the police it is states in one of the records to leave for my safety . We have a daughter , she was staying... Read more »

Bruce Alexander Minnick answered on Sep 5, 2019

No, you can't; but the Judge can--if you file for divorce. If you have already been divorced, file a motion to reopen the case to address all these "changed circumstances."

1 Answer | Asked in Civil Litigation for Louisiana on

Q: Can I be compensated for property damage if sheriffs were pursuing a driver who ran into my car

I did not have insurance on my car, it was parked at my residence

Ellen Cronin Badeaux answered on Sep 5, 2019

Yes you can file a claim against the parish.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Missouri on

Q: If I sign a contract for a show dog, how much right does the seller have over the dog after the sale?

Ronald J. Eisenberg answered on Sep 4, 2019

Unless the contract states otherwise, most likely none.

1 Answer | Asked in Civil Litigation for California on

Q: is there a time limit for a will to be executed?

it has been 15 years since my wife's father died and her sister still has not taken care of his will.

Tim Akpinar answered on Sep 4, 2019

You want to ask this question in the Probate or Estate Planning category(s). Do you mean "probated?" Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation for New York on

Q: NYS nfp Corp pres resigned and is refusing to turn over records

Michael David Siegel answered on Sep 4, 2019

Records belong to the not for profit. Where are they? It may be a criminal taking and the police would help.

1 Answer | Asked in Civil Litigation for New York on

Q: Is there a time limit to request an item for discovery after an action has been commenced and sceduled for trial?

Michael David Siegel answered on Sep 4, 2019

Yes. But it depends on the court (Supreme, Civil) and the trial date.

1 Answer | Asked in Civil Litigation for California on

Q: what is the time limit to respond to a motion filed by defendants?

plaintiff dismissed the case before hearing on anti-slapp motion. the defendants filed a motion to collect their fees from the plaintiff. is this even possible?

Vernon Charles Tucker answered on Sep 3, 2019

Yes because you needed to obtain a Dismissal w/ a waiver of costs. Since you did not do so the defendants are seeking their costs now.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Rhode Island on

Q: What US Statutes would I cite for 14th Amendment Due Process Violations, & which do I cite for Tort Claims - negligence

Filling out the Federal Civil Cover sheet on my own. It says to cite US Statutes for my claims. I am suing for violation of Due Process under 14th Amendment. My dog was taken and killed. I know 1983 for violation of rights but I also need to cite the 14th amendment clause for deprivation of... Read more »

Gary Kollin answered on Sep 2, 2019

I would suggest you re evaluate your decision to go pro se.

From your question it appears you do not have a total grasp on the fundamentals.

to

There is no statute for negligence and malicious prosecution. They are torts of common law.

When you sue for a violation...
Read more »

1 Answer | Asked in Civil Litigation for Florida on

Q: Hello, I have a question me and my ex partner when we were together we financed a car together but we are separated.

What can I do to get off the car loan? It’s affecting my credit I don’t want to share nothing together. I am a co singer and he’s the owner of the car. At the time my credit was decent now it’s not. Is their any legal action I can do to get off the car loan ?

Terrence H Thorgaard answered on Sep 1, 2019

You are a co-signer but you are not on the registration? No, you can't, short of bankruptcy, avoid your obligation on this loan.

1 Answer | Asked in Civil Litigation for Louisiana on

Q: I lease a trailer to a trucking company, after breaking the contract with nonpayment for the past three weeks, I went to

Repossess it and it has cargo on it can I still repossess my trailer

Ellen Cronin Badeaux answered on Aug 31, 2019

You need a landlord/tenant attorney.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on

Q: Hi. If someone was arrested for possession of forged instrument 1st degree. But the currency had "THE JOKE IS ON YOU"

On the back of the currency. Can they still be indicted? Even if they didnt know

Timothy Denison answered on Aug 31, 2019

Yes

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on

Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on

Q: How long does a storage company have to wait before they auction a self storage unit

Timothy Denison answered on Aug 30, 2019

The time should be specified in the contract but if it is not, then within a reasonable time.

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