WHAT IS THE FEDERAL RULES AND PROCEDURE ON FILING FOR RULING ON DEFENDANTS FAILING TO RESPOND?
Rule 55 Motion for Default for failure to plead or answer the complaint after proper service of process. Be aware that you may succeed in having default judgment entered on issues of liability, but damages will still have to be proven. Furthermore, defaults for failure to timey file a respnsive... Read more »
zoom court hearing recording was sent to someone who wasn’t the party involved. The recording was sent to me by someone who wasn’t involved and was sent to them by the person who was involved in the case.
It seems to me, the appropriate party to complain to is the court itself, since the offense, if any, was a violation of court rules established to protect the court process. You (or your lawyer) should provide the evidence of the improper party's involvement in the hearing and recording of it... Read more »
the crime wasn't considered so in their country, but breaks most laws in other places. Can I sue them in EU countries, UK or USA?
You posted this as a personal injury question, and appear to be looking to sue based on conduct that would be a crime here if committed here, but the conduct was committed in a foreign country where it is not a crime. Not all crimes give rise to a civil cause of action. Criminal prosecution can... Read more »
Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?
Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute... Read more »
My tenants are now considered holdover tenants and I want possession of property because I don’t want to rent any more and there are certain time lines for evictions in DC.
My understanding is 30 days wait/ 30 days notice to quit then eviction.
Your understanding is incorrect. You are not at the same kind of risk if you give proper 30-day notice and then file suit. That will merely be dismissed. But, if you attempt self-help, you are at grave risk. Buy a consult with a lawyer. For starters, it's a 90-day notice. Next, if the property... Read more »
I have disgruntle non-communicating holdover tenants with only one name is on the non-renewal lease. I am not accepting any more rent and would like for them to leave. Do I still need to wait the 60 days after the moratorium ends to file. I don’t intend ever to use property for rental again. The... Read more »
Take the rent money. You still need to wait after the moratorium. Holding over is not a valid basis to evict in DC, but you can evict if you plan to use the property for personal use. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
The DC gov. have had 2 extensions on moratoriums and I have notified my tenant twice in writing to vacate at end of lease on July 1,2021
Yes. If you try to provide notice or file with the court before the moratorium ends, the court will either reject the filing now or reject it later. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... Read more »
The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... Read more »
if somebody, were to make deepfake videos, and deepfake audio of me, with the intent of malicious intent of harming my reputation, would that count as impersonation?
It might be many things, depending on the facts. First, DC and Virginia are "one-party" audio recording jurisdictions, where only one person (the recorder) needs to consent to it, unlike in Maryland where it is illegal to make an audio recording of someone else without their actual... Read more »
for safety and privacy concerns, what is the best option, or any attorney who can petition the court?
If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!
If not, then it suggests that you were successful in getting relief, so you should... Read more »
My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?
The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.
Lawsuit was brought by a boyfriend claiming common law . The case is in litigation but there is not a court order to stop anything
Common law spousal rights may give rise to a claim to a share of the estate, but it does not change title to real estate, so the Estate can sell the real estate and collect the sales proceeds into an estate account for eventual distribution to the heirs/legatees. in order to claim a share of the... Read more »
In the state of Maryland they have a Will office in District Court but I can't find an office like that in Washington Dc
Upon death, the power of attorney terminates and there is no authority to act on behalf of the decedent's assets. Only the Personal Representative of the Estate can act and access the estate assets, and then only for the purpose of administering the estate and distributing the assets to the... Read more »
What circumstances would cause me to be not allowed back into the US after traveling back to my home country, and has COVID-19 made it more difficult to return if I have been vaccinated.
It depends what country you are from. You should look at the Dept of State's website for current COVID related restrictions. See: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html
But you should also consult with an immigration attorney if you... Read more »
No, but why not get a second opinion? Courts will not reopen statute of limitation cases unless there has been some very significant and unique issue. If , for instance, police actually hid evidence that might be the basis to reopen, but I doubt it. But ask some DC attorneys or attorneys from the... Read more »
12 years to enforce the judgment. See this code section: https://code.dccouncil.us/dc/council/code/sections/15-101.html
Hope that helps.
Steven
Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... Read more »
It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... Read more »
Most of the estate's value is the equity on the condo (cca 150 000 dollars. The home value is cca 520 000). According to that, my son's 1/3 should be 50 000 dollars. I am currently unemployed, but I have enough assets to keep paying the mortgage for some time until I hopefully find the... Read more »
By opening a probate estate, you can transfer or sell anything in your late husband's estate. What I don't understand is how you would be solving your economic problem by re-titling the home to your four-year old son. Once re-titled to him fully, it might be much more difficult to sell it... Read more »
I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.
Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".
But that's not true about secured claims (debts secured by collateral).
Credit unions... Read more »
false protection order on me. final hearing in 2 days i cant get attorney. she has no police reports or evidence. her aunt may witness on her behalf and lie. can i use her past criminal history to discredit her testimony? forging priv. documents, fictitious name to avoid pro....fraudulent documents.
You can do so if they are convictions, and you obtain certified copies of the convictions from the court, or perhaps if the convictions occurred in the same court you are appearing in on the protective order, you can reference those cases by case number and the court can check the dockets if they... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
