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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Texas on
Q: Need help press charges on a member of law enforcement and a member of Floresville City Council .

Law enforcement refused to let me press charges and lied to me by saying I would have to take it to the Texas Rangers

John Michael Frick
John Michael Frick
answered on Dec 9, 2024

The Public Integrity Unit of the Texas Rangers is the correct agency for reports concerning an allegation that a member of law enforcement or elected official has committed a crime if the internal affairs division of local law enforcement declines to take action. In the criminal conduct violates... View More

6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

David W Gammill
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answered on Dec 9, 2024

A personal injury attorney. When selecting a personal injury attorney, it’s important to assess their expertise, approach, and compatibility with your needs. Here are three good questions to ask:

1. What is your experience with cases similar to mine?

This helps you understand if...
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6 Answers | Asked in Criminal Law, Libel & Slander, Personal Injury and Civil Litigation for California on
Q: what type of attorney sues for premise liability, intentional infliction of emotional destress, assault and battery.

I was attacked by security guards at a restaurant, the same guards stalked me for over a year(have it documented in photos and videos the lawsuit would be intentional infliction of emotional destress, premise liability due to being assaulted and battered at their establishment. Defamation is a... View More

William John Light
William John Light
answered on Dec 9, 2024

An important question for you to answer when speaking with any attorney is, if those security guards were stalking you for over a year, why were you at that restaurant? Presumably, the security guards worked there. Security guards do not roam freely. They are typically assigned to a particular... View More

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2 Answers | Asked in Civil Litigation and Criminal Law for Ohio on
Q: Someone broke into our building. We shot them. Now they are suing us. We are both in our 80s & live humbly.. Any option
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. In terms of options you ask about, you could review the paperwork for the civil case you received with an attorney. An attorney would want to know more details about what they are suing for, and more about your... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for New Jersey on
Q: I purchased a certified pre-owned vehicle Feb 2024, Its already sitting at the dealership as an expensive paper weight.

I purchased my 2019 Chrysler Pacifica from a big name dealership. It came with a certified pre-owned warranty. I also purchased a extended warranty from the dealership. Fast forward to October, I sent the vehicle to the dealership for concerns of over heating and what felt like a misfire. I stopped... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024

You need to retain an experience civil litigation attorney. There are numerous grounds that can be put into a legal complaint against them. The most important cause of action will be the New Jersey Consumer Fraud Act violation. That would entitle you to triple damages plus attorneys fees. However... View More

4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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1 Answer | Asked in Consumer Law, Civil Litigation and Construction Law for Texas on
Q: Is a homeowner responsible for extra material cost if the contractor under estimated the materials required to finish?

I received quotes for a new roof and to have the attic insulated. The contractor first did a detailed survey of the roof and how the house was constructed. When it was time for the contractor to look at the insulation job, I showed the contractor the attic location for largest section of attic. (I... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

First, it depends on whether your contract was a cost-plus or a fixed-price contract. If it was a cost-plus contract, then you are clearly responsible for the additional materials cost.

If it was a fixed-price contract, it depends on the scope of work contained in the contract. If the...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Texas on
Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.

* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State

I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in... View More

John Michael Frick
John Michael Frick
answered on Dec 3, 2024

If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Alabama on
Q: someone owes me rent and i was buying a camper from them. can what they owe go towards the camper

i gave them 200 down and only owe 1300. they stayed with me for couple monthes and left without paying anything. can’t i keep

the camper for their payment

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Most people in your position would probably think of using that point. But a local attorney could advise better in terms of the legalities involved in your idea - it is possible that you and the other side could... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

3 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Legal Malpractice for California on
Q: I have a case where I was rear ended by a drunk driver who was driving another persons car. This happened on the highway

Causing me to flip multiple times and get tboned by a 16 wheeler. I was rushed to the hospital and was found to have major injuries to my spinal cord with multiple contusions to my neck and back. I’m In pain everyday and can’t get the medics, attention I need because of this major setback which... View More

William John Light
William John Light
answered on Nov 23, 2024

It sounds like your lawyer got you the policy limit of the drunk driver. It sounds like the semi truck driver isn't at fault, although if he left the scene that is suspicious. Nevertheless, if the semi driver can't be found, what do you want your attorney to do? He got all of the... View More

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1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Small Claims for Puerto Rico on
Q: I hired a contractor to add a new roof to my house. He “ Finished “ the roof doing a horrible job resulting in leaks

He told us he was licensed merchant Naics codes 56173, 23611, 23819. The valleys on the roof was done incorrectly. He didn’t put the windows in the roof nor the balcony in the house. Called him over 3 weeks with no response and has blocked our contact. We’ve already paid him the full 20,000.... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 22, 2024

Pursuant to the Contractor Registry Law of 1995, all contractors in Puerto Rico must inscribe in the Department of Consumer Affairs' (DACO) Contractor Registry, plus maintain a performance bond of at least $15,000 to respond for deficiencies in their work.

Your attorney can file a...
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1 Answer | Asked in Personal Injury and Civil Litigation for Texas on
Q: I won a tow hearing and won the appeal. Can I sue for time missed working and stress/ medical.
John Michael Frick
John Michael Frick
answered on Nov 21, 2024

Ordinarily, mental anguish damages are not recoverable for temporarily being deprived of the use of personal property like a motor vehicle.

It would be very difficult to prove that the temporary deprivation of your motor vehicle was a proximate cause of missed time from work unless you can...
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3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If im having issues finding a lawyer does that mean I'm being ignored on purpose, or what would be the issue?

I've communicated to multiple parties on and off for probably a year and don't have any proper representation or assistance other then the cal bar website..

Robert Kane
Robert Kane
answered on Nov 20, 2024

If you are being ignored or turned away the most likely reason is you don't have a viable case. Law firms are businesses that are profit driven. You don't state whether you are willing to finance the litigation, but I would guess not. Quite simply, prepare a clear and concise statement of... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Florida on
Q: Can I take an individual to small claims court if they agreed via text message to pay for a concert ticket

I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 19, 2024

You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: What kind of lawyer will I need as a business owner purchased a product but never received the product after a year?

I purchased a product from a business and never received the product. It has been over a year and a half and the project is not completed. We had a verbal agreement

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. An attorney who handles civil litigation, contracts, or general business matters should be able to handle something like this. You could first send the company a brief letter asking where the product is, and what their... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Texas on
Q: In Texas are Individual retirement accounts (IRA)s and Roth IRAs protected against lawsuit judgements?

I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Nov 14, 2024

Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.

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