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Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Ohio on
Q: How to address harassment from a condo-neighbor with odors and noise?

I live in a condo and share a wall with a neighbor who is harassing me with unpleasant odors and noise. The odors are foul smells, seemingly from his bathroom, that wake me up in the morning. The noise consists of a loud, intermittent boom occurring every morning until I can no longer sleep. This... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 27, 2025

To make certain that the Board does not get involved you should review the Condominium Owners Associations bylaws, rules and regulations, and the Declarations for the Planned united Development that established the condominium development. Once you have assured yourself that those do not apply you... View More

1 Answer | Asked in Probate, Estate Planning, Civil Litigation and Personal Injury for Georgia on
Q: Father's estate issues, brother managing assets, concerns about fraud, Georgia

My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More

James Clifton
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James Clifton
answered on Feb 27, 2025

If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More

3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: Can I sue a company for leaving a trailer illegally parked, causing a car accident in Florida?

I was involved in an accident in Florida where a paving company left their dovetail trailer illegally parked in an active turning lane, detached from the truck. There were no signs or cones to warn drivers, leading to a collision that totaled my car and left me hospitalized with severe neck and... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 26, 2025

You should retain a competent personal injury attorney here in Florida to represent you on contingency fee which means you pay nothing unless you win. If the police report has given the company a citation for a traffic ticket, your case would be much stronger. Hopefully you took some pictures to... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Florida on
Q: Can I sue a company for leaving a trailer illegally parked, causing a car accident in Florida?

I was involved in an accident in Florida where a paving company left their dovetail trailer illegally parked in an active turning lane, detached from the truck. There were no signs or cones to warn drivers, leading to a collision that totaled my car and left me hospitalized with severe neck and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 26, 2025

Definitely, assuming the facts establish that party's fault. This type of claim generally starts with a presuit insurance claim (to the other party's insurer), and if not amicably resolved, then a lawsuit gets filed. Also, liability may lie with more than one entity. For example, if... View More

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2 Answers | Asked in Libel & Slander and Civil Litigation for Minnesota on
Q: Being sued for defamation and harassment in Minnesota, while countersuing.

I am facing a defamation lawsuit in Minnesota and experiencing harassment from the opposing attorney, who repeatedly calls and intimidates me. I have documented these incidents. I am also countersuing due to a loss of income and an intentionally false police report filed against me. The opposing... View More

Robert Kane
Robert Kane
answered on Feb 26, 2025

You can file a motion for sanctions to address the misconduct of the opposing attorney. You are required to your loss of income and that you are entitled to compensation; and you are required to prove an intentionally false police report was filed. The other party will eventualy need to clearly... View More

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2 Answers | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: How to file a motion to stay execution in NC for a money judgment?

I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 26, 2025

On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.

You best see a...
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1 Answer | Asked in Business Law, Contracts and Civil Litigation for Georgia on
Q: Truck held by repair shop led to business loss. Legal actions?

I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More

Kent Bailey
Kent Bailey
answered on Feb 26, 2025

There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More

2 Answers | Asked in Car Accidents, Contracts and Civil Litigation for California on
Q: Settlement delay after automobile accident case in California.

I won a settlement from my automobile accident injury case, and it's been 6 weeks without receiving my settlement check. My lawyer initially told me over the phone it would take 3 to 4 weeks, but I haven't received any updates. I was informed that the delay is due to the liens department... View More

William John Light
William John Light
answered on Feb 26, 2025

Yes, its normal. The chance that another another will want to take over now is almost 0%, unless you want to pay an hourly fee, which would almost certainly be prohibitively expensive. There are no steps you can take. This is in the hands of the companies asserting the liens and medical billing... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Contracts for California on
Q: Seeking guidance on personal injury tort case in California, self-represented.

I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 25, 2025

Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More

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1 Answer | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Collections for North Carolina on
Q: Injury on private property, judgment not paid, property sold. Next steps?

I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 25, 2025

Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Montana on
Q: Property transfer dispute; rights under written agreement.

In 2019, I was given a property under a written agreement, witnessed and signed by two people, stating that I would assume responsibility for all bills, taxes, and maintenance. I've paid all taxes, including back taxes, and made improvements leading to increased property value. I have... View More

Anthony M. Avery
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answered on Feb 25, 2025

Is there a recorded deed over to you as grantee? If not, you do not own anything but possibly a contractual right to get a deed. If you have a deed, then you must defend that you executed your part of the contract after getting the deed. Hire a MT lawyer as if you lose, you lose everything.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for Texas on
Q: Can I sue my apartment complex for not addressing truck theft and break-ins?

I live in an apartment complex where my truck was broken into twice and eventually stolen. Despite having reported the incidents to the apartment management, they did not take any action or provide assistance; they simply expressed regret. The complex has security, but they haven't been... View More

Raymond Chow
Raymond Chow
answered on Feb 25, 2025

Under Texas law, landlords must maintain reasonably safe premises, but their obligation to prevent vehicle theft is limited. Texas Property Code §92.153 mandates security measures for residential units but does not require specific protections for parking areas. However, under premises liability... View More

1 Answer | Asked in Civil Litigation, Contracts and Civil Rights for Florida on
Q: Plaintiff submitted confidential documents; filed counter-suit in Florida

I'm involved in a legal case in Florida where the plaintiff has submitted confidential emails, which were explicitly marked as such, and personal text messages to the court docket. We believe this action might be illegal. We have also filed a counter-suit against them for violation of privacy... View More

Michael Daniel McGrath
Michael Daniel McGrath
answered on Feb 25, 2025

In Florida, it is not necessarily illegal for the plaintiff to submit confidential emails and personal text messages to the court docket. However, there are specific rules and procedures that must be followed to protect such confidential information. The right to privacy is independently and... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for South Carolina on
Q: What can I do about my sister locking me out of the home we verbally agreed to share?

I live with my sister and father in a home acquired through my sister's disability benefits. We have a verbal agreement to reside together, but no written rental agreement. My sister repeatedly locks me out of the house, even involving the police once, leaving me with no place to go. She... View More

Nataliya N. Matejka
Nataliya N. Matejka
answered on Feb 24, 2025

This depends on a number of facts such as whether you established residency there through any utilities and/or license. Also, if you can establish a landlord/tenant relationship based or you were just a permitted guest. Without legal ownership rights your recourse will be wrongful eviction based on... View More

1 Answer | Asked in Construction Law, Civil Litigation and Contracts for Florida on
Q: Should I sue a contractor for mold and buckling vinyl after subfloor replacement?

I had a contractor replace water-damaged subflooring in February 2024. In November 2024, the vinyl flooring they installed above it began to buckle, prompting me to call them back. During their inspection, mold was discovered in the area they worked on. The written agreement specified replacing... View More

Erik A. Perez
Erik A. Perez
answered on Feb 24, 2025

You may want to verify the cause of this damage before filing any lawsuit. It will likely require you to hire an engineer or leak detection company to identify where the water came from and why there was a leak. Thereafter, if you can prove that the contractor's actions caused this leak and in... View More

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Pennsylvania on
Q: Bank teller named as beneficiary and withdrew funds

I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More

Anthony M. Avery
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answered on Feb 23, 2025

You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: Can I refile my dismissed case as Pro Se and file for Summary Judgment in NC?

I am a plaintiff in North Carolina. A month ago, I dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involves four counts: Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. I plan on refiling the case as Pro Se and intend to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for North Carolina on
Q: How can I recover my $200,000 from a fraudulent transaction?

A woman from another nation offered $200,000 to two people in my church, with a requirement of paying $1,500 upfront. We each complied, and while others received their money, she is refusing to send me the $200,000. We have a written agreement. I've threatened to expose her on social media.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

"From another nation"? Are you saying you were a victim of an online scam? If so, Your best option is to report the issue to law enforcement. If law enforcement says this is a civil act, then they wll not accept the case. Exposing this person on social media will only lead to this person... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

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