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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Family Law, Civil Litigation and Legal Malpractice for Texas on
Q: Do procedures even matter?

I have noted about 20 different violations by DFPS according to the Texas family code but nobody will do anything. I proved multiple times the investigator lied on the affidavits. I even have another CPI confirming he lied on it. Nobody will do anything. It's like they're all working... View More

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Yes procedures matter. But the remedy for every procedural violation is not "you win." If a document is incomplete, the remedy may well be that you can require them to complete the document. If an investigator lies, you can present evidence of that lie, and that will likely undermine... View More

4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

Adam Stoddard
Adam Stoddard
answered on Oct 16, 2024

I'm sorry that you had to go through that with the dog and then things were compounded by you feeling abandoned by your attorney.

I think the problem with the case is that it sounds good until you find out that the dog owner did not have any insurance. It is much easier to get a pay...
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4 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months,... View More

William John Light
William John Light
answered on Oct 16, 2024

No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be... View More

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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

2 Answers | Asked in Civil Litigation for California on
Q: What motion do I file against Co. officers using our P&L carrier to indemnify their defense in violation of Bylaws?

I am a pro se plaintiff (retired J.D.). I've filed a civil complaint against 3 members of our HOA Board and our Prop. Mgmt. co. for unlawful conduct (embezzlement, fraud, breach of contract, breach if fiduciary duty, etc.) Their defense atty is being indemnified for their legal expenses by... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

I assume the insurance company isn't a party, but is paying the members' attorney's fees. As the plaintiff, you really don't have a say in the matter. The insurance company has an obligation to represent its insured (i.e. the members.) At some point, the insurance company, board... View More

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2 Answers | Asked in Civil Litigation for Missouri on
Q: Need advice please. I have property of mine at a boat repair business, It is a lower unit that goes on my boat motor.

I had the boat there since June. He kept giving me excuses why it wasn’t fixed. He won’t answer phone calls or text.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like a frustrating situation with your boat repair business. While I can’t provide direct legal advice, I can offer a few steps that might help you move forward.

First, it’s important to document everything—keep a record of the dates when you dropped off the boat, any...
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1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

John Michael Frick
John Michael Frick
answered on Oct 8, 2024

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

3 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Civil Rights for Florida on
Q: Does the fact that I couldn’t afford therapy strengthen my emotional distress claim?

I plan to visit the dealership again to secretly record conversations regarding the $3,000 down payment, terms of financing, and other details for my case.

As Florida is a two-party consent state, I am concerned about whether it is legal to record these conversations inside the... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 8, 2024

You first posed a question about the affect of not affording therapy on an emotional distress claim, and you then stated a concern about recording a conversation, which I take to mean a question asking if you can record in the setting you described without asking permission. You did not connect... View More

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3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2024

I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier... View More

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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 4, 2024

Dear Jamestown Home Owner:

It is not you alone. Many jurisdictions place restrictions on wildlife feeding.

https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Nevada on
Q: Can a mechanic shop charge me storage of a vehicle and put a lien on my vehicle while I was on federal jury duty?
Jennifer Setters
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Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Every circumstance is unique, thus even if you're worried about being charged storage costs and having a lien placed on your car while on federal jury service, you should see an attorney to evaluate the particular facts of your case. Still, these are some broad issues:

Mechanic shops...
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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments can they over charge me?

my HOA hired a collection firm for a miscommunication problem regarding my quarterly payments

the initial amount owed did not exceed the 1000 USD but the collection agency plans on charge me over 6K

even after I went and explain the situation to the board regarding the... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

The short answer is yes. An HOA is usually entitled to recover "reasonable and necessary" attorney fees to collect unpaid dues payments. The amount of attorney fees that is "reasonable and necessary" depends upon the amount of time involved. This amount often exceeds the... View More

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: i won a settlement and i was sent a praecipe to settle ,discontinue and end. The defendant's attorney said they will

send the funds after i sign the praecipe and pay the legal costs. is this normal

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Pennsylvania attorney could advise best, but you await a response for three weeks. Until you speak with a local attorney - or better yet, your own attorney if you're represented, the form usually used to wrap up a case in most parts of the nation is a release. In my experience, I have not... View More

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