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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Colorado on
Q: If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several yea

If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help

Thank you

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Who was Mr Joseph Beans attorney in this case?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

1. Figure out which county the case was filed in.

2. Figure out which Clerk's office has the record.

3. Contact the Clerk's office and ask to examine the physical file.

4. Find a motion or other document filed by Mr. Joseph or his attorney.

5. Find the signature...
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1 Answer | Asked in Civil Litigation for Louisiana on
Q: I was sued by a creditor. I filed an answer. No court date was ever set. I just received a judgement letter. Why?

I was served correctly. I filed the answer in a timely manner. Months went by. I called to inquire about my court date at least 3 times over those months. No court date was ever set. 7 months later, I received a default judgement signed by the judge. How could a judgment be given without a court... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 17, 2020

Your attorney needs to file a Petition to Annul.

1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Georgia on
Q: Information below

If I have a bank account in my name and my ex is a sub person on the account but her checks are direct deposited to my account and I close the account due to her hacking in and changing all of my information on my bank account where I could no longer get into my account. As well as my emails and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

It would depend greatly on what you mean by “hacking in” to determine whether you have a cause of action. If she is/was also an authorized account user, she would be/is legally permitted to make changes to the account. However, if she has defrauded you or misappropriated/stolen funds, you may... Read more »

1 Answer | Asked in Civil Litigation and Divorce for California on
Q: Does a waiver of right to collect benefits under each parties retirement plan mean contribution made during the marriage

Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 16, 2020

It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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1 Answer | Asked in Civil Litigation and Consumer Law for Missouri on
Q: Can you sue a company who keeps soliciting adds to you by mail even after they have been asked repetitively to stop?

There is a loan company in a near town that repetitively sends me adds in the mail that I have on a number of occasions asked to stop sending me adds, I have asked them a number of times to remove my address and they still have not.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 16, 2020

You can sue for unsolicited calls, text messages, and junk faxes under the Telephone Consumer Protection Act (TCPA) because it provides a "private right of action." Emails are covered by the CAN SPAM Act and individual cannot sued under that act. I'm not aware of any statute that allows you to... Read more »

1 Answer | Asked in Civil Litigation for Louisiana on
Q: If not represented how does one respond to interrogatories, production of documents? Can I get an extension to respond?

Can any be objected to based on relevance such as employment, medical records, medications, household expenses if community assests have not be used to pay expenses and an no requests have been made to alter original judgement?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 16, 2020

It's not possible to teach the practice of law on a website.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Last year I consigned for a car with my ex. She agreee to pay the monthly car note on it. She ended up totalling it

She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Yes, you are able to file a civil suit against her for breach of contract. It may be best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for California on
Q: Can my father sell my home that he and my mother grant deeded to me two years ago
Donald M Barker
Donald M Barker answered on Jan 15, 2020

If your situation is as clear and simple as you state, than most likely, "No." BUT: I do not think your "situation" is as clear and simple as stated. You may be referring to your Parent's Trust or Living Will, under which you were/are to get the home.

In that case, if the trust or will is...
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1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I am Italian but I have a curiosity about American law

I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim... Read more »

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
Kevin M Ryan
Kevin M Ryan answered on Jan 15, 2020

After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve"... Read more »

2 Answers | Asked in Agricultural Law, Civil Litigation and Civil Rights for Arkansas on
Q: I have been divorced from a man who was killed a few years ago. I now have to reply to this, they are foreclosing proper

We were not married at the time of his death so what could this mean?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

I'm sorry for your difficult situation. If you have an interest in the property and want to prevent foreclosure, you must act without delay. Four weeks have gone by and your post remains open. Time is of the essence here. If you need to prevent foreclosure and have not already acted by now, start... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Can a default money judgement in California be renewed if the ten year period has passed more than 6 months ago?
Donald M Barker
Donald M Barker answered on Jan 15, 2020

683.010. Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry.

(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

683.020. Except as otherwise provided by statute, upon the...
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1 Answer | Asked in Civil Litigation for Texas on
Q: If someone else gives my car to another and it's lost because it's impounded who owes me for the car?

The person driving was arrested ,is why the tow, the person that gave it out told me it was gone and did the wrecker owner have any responsibility

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 14, 2020

Your issue is with whomever you gave your car to and whether they could give it to someone else. I would not suggest you lend your vehicle out in the future.

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?

I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: How do I serve an eviction notice without a rental agreement and without ever receiving rent?

I let someone live at my house to get their life together and they haven't. I have told them time and time again that I do not want them here, and they refuse to leave. They are living here full-time and refuse to leave on their own. There is no agreement of any sort stating that they may live... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2020

You can still follow the normal eviction process, even without a written lease. You give them the required written notice to vacate, and if they don't, then you file the eviction. Check your local court web site for the eviction process, or use the Find a Lawyer tab to retain a local attorney to... Read more »

1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most probably researched the... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
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