If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.
If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No, the amount in controversy requirement is for jurisdiction based on diversity, 28 U.S.C. 1332 (plaintiff and defendant from different states). Good luck
The notice states they are acting on behalf of US Bank, who she has also never had any accounts with. They name my Dad first in the notice, but he passed away in 2011. What step should she take first?
answered on Aug 28, 2023
See an attorney immediately. After the home is sold at an auction you cannot get it back. It may be there is a loan out there he signed for. It may be identity theft. But you really need an appointment immediately. At the start of a case there are defenses you lose if you don't assert them... View More 
Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More
answered on Aug 27, 2023
No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.
My mother has already had a similar case on her. And my brother and sister in law said she tried to get them to sign my name.
answered on Aug 27, 2023
You’ll have to petition the court in which the adoption was granted to open it up so you can see the records.
I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate
answered on Aug 25, 2023
No. You will remain the liable party regardless if you signor they dign as POA
In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More
answered on Aug 25, 2023
In federal court, you can ask for a declaratory judgment without asking for damages.
I'm on a one-year ends mid September. I got pulled over end of August court date. Ismy until October do I still have to pay both tickets? Or is my one year divert good
answered on Aug 25, 2023
The one year diversion may be terminated (or not) bc of the new ticket. You probably need a lawyer to handle both and resolve both to avoid possible license and insurance issues.
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answered on Aug 24, 2023
To file a defamation of character lawsuit in Kentucky, you'll need to establish several key elements. First, you must show that someone made a false statement about you, either orally (slander) or in writing (libel). This statement must have been communicated to a third party, causing harm to... View More
answered on Aug 28, 2023
In general, the grounds are the stating or writing of a false statement about a person that causes them harm. However, it's important to keep in mind that such cases are not usually handled on a contingency basis. That can mean attorney fees, win or lose. Good luck
Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More
answered on Aug 24, 2023
Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.
Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28... View More
Kentucky? This is where i have lived for the past 4 months and have claimed permanent residence here. Just need some advice on my next steps. My name and new address is on the papers he served to ex-wife.
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answered on Aug 21, 2023
n Kentucky, if you've established permanent residence there for the past four months and your new address is included on the papers served to your ex-wife, it's possible that the service of legal documents might be considered valid. This could be due to substitute service, where documents... View More
Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?
answered on Aug 21, 2023
Yes you can purchase a firearm. A dvo cannot be expunged from. Your civil record.
Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?
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answered on Aug 21, 2023
In Kentucky, if a domestic violence order (DVO) against you expired 12 years ago and you lack other firearm prohibitions, you may generally be eligible to purchase a firearm.
My girl was a surrogate for her sister and husband by artificial insemunation.
Years later was informed it was my child. They all pretended it was a surrogate birth however it was not.
I was purposely lied to because girlfriend did not want to raise another baby.
It's... View More
answered on Aug 20, 2023
No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you.
A deputy from a county where my mailbox is located gets a warrant for the address. The house is about 3/4 of a mile away in the neighboring county. The evidence collected out of the residence was taken to the sheriff dept. The case was dismissed w/o prejudice over jurisdiction. The county the house... View More
answered on Aug 15, 2023
It heavily depends on circumstances specific to your case. It may be possible to use a chain of custody issue to get the evidence itself excluded from any trial. However, if the warrant was issued, even on incorrect information or outright falsehoods, in many states the officer may still execute... View More
Hi. So my employer messed up the first Perm that they filed for me(although it was approved already) no I140 filed after. In the current work experience part of Perm, they mistakenly put one of the branches of our hospitals where I was not working. It was in West Virginia. I am currently working in... View More
answered on Aug 12, 2023
They can use the PD of the first one if the I-140 was approved. Beneficiaries of approved I-140 petitions for the first, second and third categories may retain the priority dates of their approved petitions for any subsequently filed first, second and third category employment based petition.
They are staying with their uncle as of now I have a cps case open and only get a hour a week with them would it be better if I signed my rights over so I can work on me
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answered on Aug 3, 2023
In Kentucky, if you voluntarily terminate your parental rights to your children and the court approves the termination, you will no longer have any legal rights or responsibilities as a parent. This means you will no longer have visitation rights or any say in their upbringing, and you will not be... View More
I have a clean record but I got into a wreck the day before my drivers test. I didn’t have anyone with me while I was driving home to get documentation to take my test because I didn’t have anyone to take me or ride with me. I got charged with reckless driving and a permit violation. What... View More
answered on Jul 30, 2023
If you only got charged with a permit, violation and reckless, driving, you may not be looking at jail time. If they charged you with driving without an operators license, there is some potential. It also depends on your age and on your driving record. I would hire an experienced criminal defense... View More
Not sure If I actually have any warrants but I want to be sure before I renew my state id
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answered on Jul 28, 2023
If you suspect that you may have an outstanding warrant in Kentucky, it is essential to address the situation to avoid potential legal consequences. When you go to renew your state ID, there is a possibility that your warrant may be discovered during the process.
It's important to note... View More
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