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I would like to know the answer to this question. After having gone through a year of horrible divorce proceedings, my case was finally closed in Dec. 2008 with the final divorce decree. I was not aware that my file is available to the general public to view in the state of nh. In NH one can just walk into family court ask for the file if they have the case number and even if they dont they could just ask the clerk and they could obtain it for view. No questions asked of them as to why they wish to review it and also they dont have to log in with their name, address, phone number etc. I went in after my divorce to look up something in my file (with no questions asked) and found out that not only can one see my name, date of birth, address and phone number but also within my file is my social security number! I took exception to this and spoke to the clerk and she stated I must file a motion to have info omitted. But the kicker was that it was not a guarantee that the judge would approve it and I must now pay a $100 filing fee to reopen the file/case to have it presented to the judge. I stated that I did not want to pay the fee that if I had known about this prior to the file being closed and given the opportunity to review it for info that I wished to have omitted I would have done so and therefore would not have had to pay the fee. The clerk said I could fill out a motion to have the fee waived but would have to fill out a financial affidavit. I said it would just show I had the means to pay and its the principal of the issue. So she said the file would not be presented without the filing fee. A catch 22. So I at present wrote to the head of the clerks at family court stating that I feel its a breach of my privacy and security especially with identity theft on the rise. If my identity is stolen or breached I would turn to the court and demand that they tell me who has viewed my file etc for I know that all this info is available to the public and to any predator.
Can one sue the court on an issue and represent themselves?
Can one sue the court on an issue and represent themselves?
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A collection agency cannot file a lawsuit against a debtor. The agency can refer the account to a collections attorney who is licensed to practice in the state where the debto…r resides, and that attorney can file a suit against the debtor. Some collection attorneys or firms are also licensed to arbitrate accounts, which means the account is sent to the National Arbitration Board rather than the use of standard civil lawsuit procedures. Actually - a collection agency CAN sue you in court, IF the collection agency owns the account. However, you are correct, they cannot file a lawsuit against a debtor IF they are acting on behalf of the original debt owner, i.e., Sears, JC Pennys, etc. Most collection agencies, who actually OWN the debt account, purchase these things at very small costs ... as the original folks have written it off their books. Therefore, if they do take you to court, most likely, it will be small claims court... Debt collection, inlight of credit cards, etc., is actually a CIVIL matter and NOT a criminal matter.
You cannot sue a state in state court. The Eleventh Amendment, ratified to protect the states from the Supreme Court's decision in Chisholm v. Georgia, (1793), initially onl…y protected states from being sued in federal court by citizens of another state. In Hans v. Louisiana, the Supreme Court ruled that a citizen cannot sue their own state either, based on principles of state sovereign immunity and federalism. Then in Alden v. Maine, the Court extended sovereign immunity further, and prohibited private suits against states in state court as well. Therefore, the bottom line is that citizens cannot sue states, state entities, or state officials in their official capacities (Citizens can sue state officials as individuals. There are, however, a few limitations to state sovereign immunity: First, a state can be sued if they consent to the suit. Second, Congress (under the 14th Amendment) can make a state subject to money damages if the state violates civil rights of individuals. And third, the federal government and the states waive their immunity in certain cases, such as tort cases. Additional Notes: States may remove actions against private citizens to federal court. The United States may initiate action against a state in federal court. One state may initiate action against another state in federal court. States may waive their Eleventh Amendment protection and allow private parties to initiate action in federal court, but this is a discretionary action. State sovereign immunity does not extend to municipalities within a state.
I am going through a similar situation in NY State as well and have been doing a bit of research. Mind you; I am no lawyer and can not say what will or won't work for yo…ur particular case. You can pursue your wife for filing false charges. I found out that Social Services Child Protectives Services Unit is actually just as responsible for investigating false claims as they are legitimate claims. I understand that this can be a difficult thing to do since, you then need to present it to your local DA for prosecution. If your area is anything like mine, good luck! I was actually handed a golden nugget. During a legal seperation, she tried to petition me to court for more money than what I already agreed to pay on a child that isn't even mine. She brought a huge phone bill with dial-up porn sites on it and cried to the court that I had rung all that up and she was stuck with it. To show how dumb she was; the calls all had dates and times on them. I work on a card-swipe system and it was just a matter of me having HR giving me all the records to prove I was in the facility during the times of the dial-up porn calls. Case closed! If you are handed an opportunity like this one, thank the big guy in the sky. Otherwise, do your best to CYA (Cover Your A**). I spent a few hundred to get a decent multi-wireless camera system in and around the house with digital video and audio to my PC. I leave it running on a loop and just clean it up daily. This has been very helpful to date though and I highly recommend it. Other than that, I have read a few places that you can sue for defamation as well; depending on what she is saying and doing. Unfortunately, it seems family court is filled with people who do abuse the system and it really expends a lot of their resources without much getting done about it. Hope this was helpful...
This will depend on where the injury took place, the location of the store and the kind of action you plan on bringing against the store. In order to decide in which cou…rt to brin an action, you need to make sure the court has jurisdiction over the person (in this case the store) and over the subject matter. State courts are courts of general jurisdiction, so most cases are brought here. Meanwhile, federal courts are of limited jurisdiction. You can only bring a case in federal court if you meet certain criteria. One way to get into federal court is by having diversity of citizenship meaning that the parties have to be cititzens from different states AND the amount in controversy must exceed certain amount (last time I checked it was $75K). The second way to get into federal court is when the issue deals with a federal question. For example, a suit steming from inmigration or securities laws (both federal laws) or the constitution. When you go into court under the 'federal question' pretense, citizenship is irrelevant. So, unless you meet that criteria, chances are that State court is for you! The next thing you need to figure out is which venue to bring your lawsuit (but that's another question)
Yes, you can sue anybody, anytime for just about anything. You may not win of course and if you have not finished bankruptcy proceedings, then any gain you have may be subjec…t to your bankruptcy filings. Generally, statute of limitations is 4 years, so finish the bankruptcy, then sue.
No. They imposed a penalty upon you because of something you did. You are the one that has to live with the consequences of that action and what happens afterwards; you should… have thought about whether you would have somewhere to live before you did it.
In the state of Oklahoma can a child over 18 or the family sue the natural father for child support if there has not been a previous court order?
Unfortunately, yes. But, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement opposed the program and many judges today are turning down the …requests. Even if approved, the retroactive amount can be as little as 2 years worth, depending on the state.
No. The Supreme Court, like all courts, is immune from lawsuits. If they weren't, people would be suing constantly (someone is always unhappy with the outcome of a case), whic…h would interfere with the justices' ability to make an impartial decision. There are enough obstacles standing in the way of impartiality already.
A suit must be brought in the court that has jurisdiction. That depends on the subject matter and the geographical area. You can read more about jurisdiction at the link provi…ded below.
The maximum you can sue for in civil court (small claims) varies by state. Check with you local civil court. Some states even have a maximum number of times you can sue a pers…on in a year...in case you decide to sue for say 3K now and another 3K later to get around the maximum amount.
The reference to "Circuit Court" can mean a couple of different things. This is because in many state court systems, "circuit court" is the name given to a specific, separate …court. It can also be taken to refer to specified courts in the federal system. For purposes of this answer, I will assume that you are referring to state court. Not knowing where you are located, I cannot comment on the jurisdiction of the circuit court. Generally, jurisdiction refers to the power and authority of a court to hear and decide a matter, and is defined by statute. Therefore, you will have to consult your state's statutes to determine the jurisdiction of the circuit court. Jurisdiction has 2 elements: subject-matter and personal. Subject-matter jurisdiction deals with the court's authority to hear and to decide cases of various types or involving various amounts of money. For example, circuit court, rather than a lower-level trial court, may have jurisdiction to hear dissolution of marriage cases. It may also have jurisdiction to hear cases where the amount of money in controversy exceeds a stated dollar amount (the amount will be defined by statute). Therefore, in preparing the complaint (or petition, as it may be called), it is necessary to allege facts that show that the case is within the jurisdiction of the court (for example: "This is an action for money damages which exceed $XXX and is therefore within the jurisdiction of this court"). Personal jurisdiction is different, but also necessary. The material element of it is lawful service of process upon the person being sued (human or other legal entity), so that he/she/it has personal or constructive notice of the suit and an opportunity to be heard. Again, each state has statutes dealing with the lawful means of service (which may be different depending upon varying circumstances). Another factor is called "venue". This refers to the fact that a defendant generally has the right to be sued in his/her own locale (such as the county in which he/she lives, or where it does business), or where the cause of action arose. While venue is often said to be the defendant's privilege, as long as the plaintiff selects from one of the foregoing, it is generally OK. The Plaintiff (by whatever name called) must prepare a complaint or petition that sets forth a short and plain factual statement of the basis of his/her/its claim, and which makes a demand for relief of a type that the circuit court has the jurisdiction to grant. Any documents ("exhibits") upon which the claim is founded should be attached. The original of the complaint or petition gets taken to the Clerk of the Court and the Plaintiff must generally pay a filing fee (determined by statute). Depending upon certain circumstances that vary by state, sometimes the filing fee may be waived. The complaint or petition is accompanied by a "summons" which directs the sheriff, a private process server, or some other person authorized by statute to "serve" (deliver) the lawsuit upon the defendant(s). A separate summons and set of suit papers is required for each defendant.
If you want to file suit, you will need to draft a petition or complaint that alleges a legal cause of action, and shows how the defendant harmed you and should be held liable…. If you are unfamiliar with law, you will either need to do some legal research or hire an attorney. To file it, you take it to the court clerk's office (generally with a filing fee and a certain number of copies) and give it to the clerk. He/she will enter the appropriate information, and your law suit has now been filed. You will then make arrangements to have your defendant served with process.
If you're asking whether you can sue a Supreme Court justice because of a decision he or she made, the answer is no, all judges and justices have qualified immunity from civil… action arising from official business. If you're asking whether you can sue a Supreme Court justice for something that occurred outside the realm of his or her job, then yes, supreme court justices can be sued just like any other person under US jurisdiction. The immunity doesn't extend to actions taken in their personal lives.
You draft a law suit that falls under federal court jurisdiction. You make the appropriate number of copies and attach the appropriate exhibits. You take it to the clerk's off…ice in the appropriate federal court with the appropriate filing fee and have it filed, and then you have it served on the defendants. You may also be able to file it online rather than file in person in most districts.
Yes. However, if you do not have a proper cause of action or federal court does not have jurisdiction, it will be dismissed.
Although the vast majority of copyright infringement cases are settled long before court, rightsholders can start a case in civil court if settlement is not satisfactory.