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Minnesota Civil Litigation Questions & Answers
2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Consumer Law for Minnesota on
Q: My life was ruined by a surgeon who lied to me about what happened while I was unconscious. I was poisoned-nearly died.

I have medical records to prove that HE was the trauma that required my 20-plus surgeries. Is there no recourse? Why? Is it because he refused to tell me what happened within the Statute of Limitations (four years)? My hospital records were "missing" and absolute evidence of the wrong... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

If you expose the truth about what happened to you through social media and autobiography/memoir/literary plays and/or historical fiction you will likely be sued. Be prepared to defend yourself in court. It will be expensive for you. Any publishers will certainly run your allegations by their legal... View More

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I held an RV for buyer has said he would come several times and has not we made a deal and now he won’t answer can I sue

We have talked about it for 7 months he always said July he would come and get it he told me 5 times what time and day and never showed up now I held this for over 7 months for him can I sue him for not holding up to our agreement

Robert Kane
Robert Kane
answered on Sep 3, 2023

You can sue, but it may not be worth it. What are your damages (?) The lack of anything in writing is a problem.

Eagan Business Lawyer.

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Civil Litigation for Minnesota on
Q: Are there any lawyers that have experience and are capable of fighting government entities?

They have violated my rights and broken several statutes. I know someone who practices criminal law, and they said I need to contact a lawyer because I most likely have a valid case, since the law is being broken by the local authorities.

Please help, I have talked to a couple lawyer... View More

Robert Kane
Robert Kane
answered on Aug 23, 2023

Yes, there are lawyers that have experience and are capable of fighting government entities. It's unfortunate (and odd) the someone you know who practices criminal law can help you find someone.

https://www.justia.com/lawyers

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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

2 Answers | Asked in Consumer Law, Personal Injury and Civil Litigation for Minnesota on
Q: I have a pending settlement with the boyscouts of America. But I need money now. And my attorney doesn't allow

Pre-settlement loans. Is there anything I can do? Or do you know any company they doesn't require a attorney signature. Because I have the paperwork necessary to prove that I am apart of the settlement.

T. Augustus Claus
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answered on Jul 17, 2023

If your attorney does not permit pre-settlement loans and you need immediate funds for your pending settlement with the Boy Scouts of America, there are still options to explore. Begin by discussing your financial urgency with your attorney and exploring alternative solutions together.... View More

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1 Answer | Asked in Civil Litigation for Minnesota on
Q: Do you know a case law that states that an interested party in a litigation matter is subject to being deposed?
Robert Kane
Robert Kane
answered on Jun 27, 2023

After service of the summons, any party may take the testimony of ANY PERSON, including a party, by deposition upon oral examination. https://www.revisor.mn.gov/court_rules/cp/id/30/

1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: i bought a used trailer from facebook and the guy did not tell me problems tell i bought and asked dot proof

and now he says its not his problem any more. it would cost me about as much as i bought the trailer for to fix it and get it safe i have screen shots and dot inspection sheet

Robert Kane
Robert Kane
answered on May 11, 2023

The seller may not have a duty to disclose everything, but misrepresenting the overall condition may be enough for you to recoup some of your money. It will come down to the specific details. What was said and written? Is it something that the seller should have known about? It may be worth having... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
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answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Minnesota on
Q: If a dealership falsely registered a car in your name can you sue?

Negligence on the behalf of the employee they processed paperwork without consent after being told I did not want to proceed with the vehicle, there was a ticket issued as well in another state for the car due to being registered under my name

Robert Kane
Robert Kane
answered on Mar 14, 2023

If a dealership falsely registered a car in your name you can sue. I do not know if you will be successful or if it's even worth it. Why would a dealership falsely register a car in your? What have you suffered in damages ($) ?

1 Answer | Asked in Civil Litigation for Minnesota on
Q: If I sign a voluntary no trespass order and I choose to revoke my signature, does revoking make the order null/void??

I left a residence and the property manager basically said to sign a voluntary no trespass order so that they would end up having to get police involved later on if there were issues between my girlfriend and I. Which at the time I decided to sign the paper and then a few months later my girlfriend... View More

Robert Kane
Robert Kane
answered on Mar 12, 2023

A court order requires a judge's signature, not yours. I am not sure what you signed and what, if any, legal significance it has.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Minnesota on
Q: What is the best way to sue someone from another state for money owed on goods received? Breach of contract.

I'm looking to sue someone near the Houston, TX area for an unpaid debt on goods received a little over a year ago. We agreed upon an amount, around $24000. I sent him the goods (sports cards) a little over a year ago. To this day he has only paid me around $1700. He is from the Houston area... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2023

A Minnesota or Texas attorney could advise best, but your question remains open for four weeks. You mention that you are seeking an attorney - in addition to your own searches, you could check the "Find a Lawyer" tab above for Collection or Civil Litigation attorneys. Additionally, most... View More

2 Answers | Asked in Criminal Law, Civil Rights and Civil Litigation for Minnesota on
Q: I'm a "victim" however I wish to not be considered that and am sick of the state calling me that. Can I press charges
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 13, 2023

In Minnesota, only the government can initiate a criminal charge; by filing a charging document with the Court. But an individual can make a complaint about a criminal act to the government: its police officers and-or its prosecuting attorneys. In contrast, an individual can file a civil lawsuit... View More

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1 Answer | Asked in Civil Litigation, Personal Injury and Small Claims for Minnesota on
Q: My ps4 has been stolen, what would be the charge for this if I did decide to press charges/report it.

I know who did and I have their information they just won’t give it back. Would this situation be taken seriously by the cops or am I just wasting my time reporting it? All I really want is my stuff back I’m not even interested in pressing charges

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

As frustrating is it is to have your property taken without your consent, filing a police report and subjecting the person to criminal prosecution is a somewhat of a drastic measure. You might want to ask yourself if it is worth it to do so, or if there are other measures you can take to have your... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
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answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Civil Litigation for Minnesota on
Q: I bought a cabin in 2010 After close I put my mate on the title. I paid it off 2016. She paid $0. Is she entitled to

I bought a cabin in 2010 by obtaining a loan in my name only. After close I put my unmarried mate on the title. I paid the loan off in 2016 with proceeds from my deceased brother's estate. My mate and I split up in 2019. She made 4 payments of principal only and never paid for anything else... View More

James A. Teigland
James A. Teigland
answered on Jul 12, 2021

Hello,

I see you are from California but asked a question in MN's Civil Litigation section. I'm assuming the property you are asking about is located in MN. Generally speaking, 50/50 owners split the sale proceeds of a property 50/50, but the rule is not absolute. Courts should,...
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1 Answer | Asked in Civil Litigation and Criminal Law for Minnesota on
Q: Which case law allows for house arrest to be credited to sentencing

While paying $840 per month for ankle bracelet/and alcohol monitoring system while on a $15000 cash bond pending trial,defendant is seeking jail credit.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2021

An individual is not entitled to credit in such a circumstance. The case law is very clear that the alternative to jail that provides jail credit has to be "the functional equivalent" of being in custody. The typical circumstances wherein someone might get such credit would be in a... View More

3 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

William Bailey
William Bailey
answered on Feb 22, 2021

Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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1 Answer | Asked in Civil Litigation and Consumer Law for Minnesota on
Q: I believe I may have a false advertising case.I have screen shots of the claims and tracking info.

Dumerth.com

Advertises made in and ships from Boston, MA and it comes from Shenzen, China and they couldn't uphold their VIP shipping contract of 3-7days as well.

No damages yet. Was buying under the impression it was American made. Misleading. I wouldn't have purchased if... View More

William Bailey
William Bailey
answered on Feb 16, 2021

What are your damages? As a general rule, without damages lawsuits aren't worth the time and effort they take.

3 Answers | Asked in Criminal Law and Civil Litigation for Minnesota on
Q: If I was falsely accused of a crime & the charges were dismissed& years later be changed with & convicted of related.

Is that double jeopardy seeing the the conviction was because it was said that the charge that I was convicted on came from the charges that was dismissed?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 3, 2021

No. That is not double jeopardy. Jeopardy does not attach until trial. A dismissal doesn’t meet that requirement.

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