Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?
answered on Oct 25, 2022
A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that the party you sued is not on active duty in the armed forces of the United States, and the required certificate of last known... View More
When I moved in with my ex, she paid the first months rent and security deposit. We broke up and she moved out before our lease term was finished, and she was removed from the lease. It is now my current Fiance and I who are on the lease, but my Ex just contacted me saying that if I don’t pay her... View More
answered on May 6, 2024
Normally, when a tenant leaves with the consent of the landlord, the tenant is entitled to a refund of her security deposit, along with a statement and list of any itemized deductions, within thirty days of surrendering possession of the premises. Since she was removed from the lease and replaced... View More
answered on Apr 29, 2024
You can call witnesses who saw the person, authenticate and offer a photograph or other video, or establish the presence of the person with forensic evidence like fingerprints or DNA.
I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More
answered on Feb 19, 2024
After paying Verizon, you can sue your sister for the money she owes you in small claims court.
She owes me money for her movers that I paid for and said she would pay me back. Money loaned to pay her employees when she couldn’t, and when we moved in together she agreed to pay for half the utilities, but always said she didn’t have the money and would pay me at a later date.
She... View More
answered on Feb 19, 2024
An engagement ring is usually considered a gift, so you are not entitled to the ring back. As for the other items she owes you for, our justice of the peace courts have jurisdiction over small claims up to $20,000.
is it based on the defendant's address or plaintiff's address or accident location?
answered on Feb 5, 2024
you may choose to file in the county and precinct in which the Defendant resides if the Defendant is a natural person or in the county and precinct where the accident happened.
Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to... View More
answered on Dec 7, 2023
Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.
I ordered a laptop from Dell and when it was supposedly delivered I opened the door and nothing was there I was told to file a claim with the police by Dell because it was assumed to be stolen. There was no real investigation to my knowledge and Dell marked the case as fraud. The laptop was $800... View More
answered on Nov 9, 2023
did you see if your credit card company has any protections for lost or stolen purchases? Some do.
Can i sue a company if they have on their social media pages saying that the product gives no ___ and then on the website and other places, it says reduced ___? On their posts and everything it says without the ____
answered on Oct 5, 2023
A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you're raising the issue of misrepresentation. In answering your question about suing, it's possible you could, but an issue that will arise is the extent of damages you may have suffered. Good luck
my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More
answered on Sep 23, 2023
Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.
I have texts. Recordings. Pictures. These men are not law enforcement officers. They are now. Threwtening to shoot me. Sheriff offfice will do nothing
answered on Aug 21, 2023
If you sold a dog to individuals under the mistaken belief that they are law enforcement officers, a question arises as to whether you sustained any damages. You would need to present evidence of some difference in the price that you sold the dog for compared to the price that you would have been... View More
We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.
Thanks in andvance
answered on Aug 19, 2023
You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.
i just need clarification with something, a friend lent someone his property and they failed to return it. He has asked multiple times if they can return it and recently they've started to ignore his requests. Can he file a civil lawsuit to get his property back? He has screenshots of the... View More
answered on Jun 22, 2023
Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."
The next morning I went back to the dealership and was told their mechanics did diagnostics plus the sale was as is. The issues I am having are clear signs that the vehicle has been flooded so I took the truck to a licensed mechanic who confirmed in fact the truck has been flooded. The dealership... View More
answered on Apr 30, 2023
I suspect you are confusing an “assumed name” with a “sole proprietorship.”
I would check the Texas Secretary of State’s records for Roalty 1 to see who the general partner is.
If, after doing your due diligence, you cannot tell, sue the dealership in the name it is using,... View More
Walmart said I hit the employee showed on camera that I did not hit still charged me with a felony for robbery for under $25 worth of items I got it dropped to a misdemeanor theft of a person may I sue them for wrongful charges and for loss of wages and loss of home
answered on Apr 16, 2023
No .you can't sue them for the district attorney office over charging you
I am 72 yrs old single mom of special needs son and social security is our only income
answered on Apr 12, 2023
No. Your social security payments are exempt from garnishment by a credit card creditor.
Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More
answered on Apr 3, 2023
Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.
You may be able to secure an order from your divorce court compelling your ex to endorse the check.
I was driving my father's vehicle and went with my girlfriend and her son and my daughter to play baseball, and we all left our gloves and a few other items in the vehicle when done. My younger brother borrowed the vehicle afterwards, and he and I have a problem getting along due to his... View More
answered on Mar 15, 2023
Replacing a few ball gloves likely only costs a couple hundred dollars. An hour-long consultation with a lawyer costs that.
I can’t think of any reasonably viable solution that would cost less.
So I paid 500 for the class eye lash class my instructor told me she hires her students she help me get clients that did not happen , so I paid her 525 for deposit and 525 for rent she did not help me get clients she did not help me start my business, she new I took money from my life savings, I... View More
answered on Feb 28, 2023
You probably cannot sue in this situation. Chalk this one up to not having done your own research. As I am sure you’ve now learned, the information is readily available to anyone who does ten minute’s research.
Now that you have completed the certification, apply for the license and... View 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.