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Civil Lawsuits

~3500 answered questions
Parent Category: Law & Legal Issues
Civil lawsuits stem from actions that violate the personal and constitutional rights of a person and may include issues involving personal injury, family disputes, and negligence resulting to loss or damage to property.
Yes, you can file a civil suit. But it is hard to win. The law is not on the mans side.   Actually it depends on the state. In fact, in Oregon they are trying to pass a paternity fraud bill that allows the man to stop payment if he finds out the child isn't his without a time frame. Right now…
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A tort is a civil wrong for which a remedy may be obtained. Basically, a tort is something someone else did wrong that caused you injury and for which you can sue. In this context, driving negligently, hitting someone and causing injury is a tort, and the injured driver can sue the one who caused th…
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Yes, your car will be sold and if the price they sell it for is less than the balance left on the loan, plus the repossession fees, you will be responsible for that difference and will have to pay it.
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Likely it is, but without knowing what state you are in, who can tell?? Simply tell them you want verification of the debt. IF they provide it, you will have to pay. IF NOT, forget it.
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call a local attorney for a free consultation
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You need to sue the borrower in court. You need to satisfy the court that the funds were a loan and not a gift and that the funds were not paid back. The defendant will have the opportunity to answer the charges, usually by claiming first that the funds were a gift, and if the court determines there…
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%DETAILS% Answer Possible?? YES. IF your loan is CROSS-COLLATERALIZED with another loan, YES. IF you owe repair bills on the car, the repair shop can repo it if you dont pay.
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First you should try to collect through the insurance for medical expenses. If you feel that you are not fully compensated, or you must miss substantial work from the accident, then a suit may be in order. Do not deal with the insurance without an ATTY. Insurance companies are criminals. Basically …
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You can sue, but it really will end up being a "he said" "she said" scenario and may end up that everyone has to pay for their own damages. Before you spend legal expenses, see if it is really worth the effort.
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Absolutely. Parents are responsible for the actions of their minor children. Many lawsuits that result in judgments for the defendant are not always collectible. Although wrongful death judgments are more easily enforced, because for the most part, covered by different laws.
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If a collection agency has either purchased the debt from the original creditor, or obtained an assignment of it from the original creditor (to collect on its behalf), generally, it can sue for collection.
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The Fair Credit Reporting Act allows judgments to show on a consumer's credit report for "seven years or until the governing statute of limitations has expired, whichever is the longer period".Being a legal action, a judgment must have a disposition, called a satisfaction of judgment. Being paid, or…
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Wage garnisment laws are enacted by states. A federal law also protects wages earned that fall beneath minimum wage allotment. The amount of garnishment enforced depends on the amount of wages earned and the state laws.
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A judgment is awarded after a lawsuit has been won. If this is an issue of paying a defaulted debt before the lawsuit is heard then it is quite possible . The majority of lawsuits of all types are settled out of court. Of course it is always at the discretion of the plaintiff on how they wish to han…
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%REPLIES% Answer By all means, answer the summons and appear in court. Put forth a defense. Collection agencies manage to obtain a huge percentage of default judgments because consumers do not show up in court. Your debt MAY be past the statute of limitations, as established by (your) stat…
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All plaintiffs have to prove their case to the satisfaction of the judge or jury. When someone is sued for a debt,information concerning the collection of the debt will already have been offered to the defendent. It would be in the form of a letter informing the debtor they have 30 days to request v…
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Answer Notify your attorney. If its a reasonable amount of money, get an attorney if you don't have one. Sometimes they can get you some wiggle room. If you don't want an attorney, contact your Trustee, who will most likely demand the (or most of the) money. Do not just ignore it. You can get …
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Most civil judgments can be discharged in BK. With the exception of those that involve debts not allowed to be discharged. Such as child support, some taxes, personal injury due to negligence, and a few others.
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Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. …
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Yes it can be done. I'm in the process of doing so myself.
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Taxes on Large Winnings What the payment is for will determine its taxability. For example, a payment you receive replacing something you lost, such as a car, your home, jewelry, etc., is generally not taxed. Awards and settlements related to personal injury are not taxed. Also, frequently, many…
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Answer Personally I do not think NPD is a factor in your friend's question. If your friend has been, and is being slandered in a way he can prove, and this is causing him actual damage that he can demonstrate your friend should consider suing. If he cannot prove it he must, sadly, refrain, becau…
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Lawsuits and the Names on a Car An absolute answer depends on your state law. Generally, the person/company suing you has no legal interest in your car until they get a judgment against you and file a lien against your property (unless they are the car finance company or you voluntarily gave…
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A WARNING If you did abuse your child, stay away, hire a good criminal defense attorney, and get psychological help. Your child needs a parent, but not enough to have to tolerate abuse. A child's rights to be free from harm, always takes precedence over any parent's rights. Defending Against Fal…
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It depends on the laws of your state. What usually happens is the judgment order is served on the bank. The bank puts a hold on the entire account. Then it is decided by the court, which funds will be exempt from the account. The other account holder has to file papers claiming the amount that belon…
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All states have laws governing the collection of judgments. Those laws have to be followed "to the letter." Wage garnishment, bank account levy, and in some cases property liens can be used to collect money owed. However, many states have laws prohibiting the levy of a bank account if it is a joint …
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: Yes, of course. The landlord's claim for damages under the deposit is an administrative claim not a judicial claim. If you force a judicial claim by suing the landlord, they are certainly within their rights to counterclaim for everything bad you have ever done to them. Some of the answers below …
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No. An attorney can decide not to represent somone, for whatever reason they choose. If a case is accepted on contingency and the attorney does not see it as winnable/collectable, they will drop the case. The contractual agreement will state something to that affect. If a retainer was paid, a portio…
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Yes -but. . . You must have documentation to prove that: A) The poor health symptoms are caused by the problems in the unit B) That you have repeatedly informed the landlord about the problem and requested that it be repaired C) That the landlord did not do so within "a reasonable time". All three c…
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Some pro bono projects offer assistance to defendants who are unable to afford attorneys in civil suits, but there is no guaranteed right to an appointed attorney as there are in criminal actions. If you are unable to obtain low cost or free legal assistance, you will need to do the research and a…
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Yes, they can, but the court must have jurisdiction over the defendant (the person you sue). In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. For example…
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If it would be likely the hair was accidentally included in your order of fries, then it is not likely you may prove malicious intent to harm you. And I must agree that it is the cost of frivilous litigation that pushes costs up for products we all enjoy when their makers are forced to defend themse…
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If you are going to answer the complaint (rather than, for example, file a motion to dismiss or other pre-answer motion), you generally will want to respond to each numbered allegation of the complaint (the allegations usually appear in separately numbered paragraphs). The responses are generally "a…
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NO, you cannot sue anyone for anything. Many suits are prohibited and turned away by the courts regardless of the merits. You must have STANDING to sue, must have identifiable dollar damages, and must file with the jurisdiction authorized to rule on the kind of suit you filed.
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No, the seizure of tax refunds both federal and state can only be done with a court order pertaining to circumstances specified under state and/or federal law. An example would be the seizure of the tax refund to pay court ordered child support that is in arrears.
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Yes, someone can be sued or held liable both criminally and civilly, for the death of another. Aside from a murder charge (which is criminal/penal in nature), the surviving relatives of the deceased victim have the right to make what is called a wrongful death claim. In a wrongful death claim, the …
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Of course you can. Becoming engaged is a form of oral contract -- it is an agreement to show up and get married. When two people become engaged, a great deal of money is put into the planning of the wedding. When one person breaches that contract, he/she is liable for the damages left to the other p…
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Are you that pathetic that you would actually want him back when you know he would cheat again? That's what is foolish.   Why would your husband stay true to you when you don't even have your dignity or self respect?   Whoa ... back the truck up! I do understand where you are coming fr…
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It really depends on how much documentation there was .... Is there a recording? did you write down the exact words used? Also how much damage did this abuse cause? If they felt bad for 5 minutes there is probably not that much point in suing but if its been a year and they are still in therapy fro…
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You would respond to the suit just like any other suit. File an answer that addresses each and every paragraph of the complaint with either an admission or denial. Then you would add that you have reached an agreement to pay the amount due and that you are making payments according to the terms of…
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Only if the judgment exceeds the limits on your ins policy.For example -you have $100,000 of auto liability ins -you are involved in an accident which is your fault and get sued for $200,000 but the court awards the other party $150,000 you would be liable for out of pocket expenses of $50,000 your …
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You have to understand what exactly schizophrenia is. Not even experts all agree on the exact causes of the mental illness. It is known to be hereditary (a person with a relative suffering from the disease is ten times more likely to get it than a person with no relatives having schizophrenia). Some…
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Yes, the creditor can sue regardless of the mental state of the account holder. Whether the account holder was legally competent at the time the agreement was made is a matter for the court to decide. If the consumer was not coererced or deceived into opening the account in a way that could be deeme…
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Vacate means to do away with. In court a judgment becomes final when the case is over and a judge has signed a piece of paper. The judgment is then effective until it is satisfied (by payment, or by doing whatever the judgment says) or until the judge has a legal reason to set the judgment aside. Fo…
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Yes. The money the person won now is just another asset. If he has his own legal liabilty, then he must pay it from his assets. I don't know that the source of the money would shield it.  That's correct. The fact that you obtained the money through a lawsuit will not shield it from creditors o…
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No. Mother Nature would be the "responsible" party. The homeowner is not "liable" for acts of nature. Your homeowners insurance is not responsible for a natural act that causes damage to property of another. Your neighbors fence is not listed as covered property on your Homeowners policy. If a tre…
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You could sue, but you'd lose. The city isn't responsible for the acts of Federal officers.
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Actually Casinos are self insured so the best you can do is file a claim with that particular Nation. No. You cannot sue for something like that unless you can show personal injury or actual damage. Hi ! See here http://bspioix.my-place.us/images Technically, you can file a lawsuit for almost an…
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Unless you were given the authority in the Will to sell the real estate at your own discretion then you need a court judgment allowing the sale. You and your two brothers are assumed to have inherited equal shares in the property. You need a court order to force the sale of their interests. You can …
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Plain logic would seem to indicate that the person could recover funds that were paid. That is not always the case, if a child support was ordered through the court on the premise that the man was the father, he will have to file a petition under Ohio's disestablishment statute. If the petition is f…
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Yes, but judgment LIENS will remain in place unless you file the appropriate motion with the bankruptcy court. You definitely should see an attorney about this. Also, there are new laws taking effect on 10/17/05 that will make it harder to file bankruptcy. You should file as soon as possible if you …
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No. It days long past, the spurned spouse could sue the paramour for a claim of "alienation of affection" but nearly every state has done away with that cause of action. And there is no law that would allow an employer to be held liable to a spouse for an affair that happened at the office.  D…
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An American Bar Association study over 10 years ago put the number at 20 million.
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Each state, city, or town has its own ordinances. In most cases, the person who chooses to use the cart is responsible for the safety of people and property in maintaining control of the cart. In too many cases, the person who causes damage by irresponsible control of a cart does not remain on the s…
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In California, if a sub-contractor is not paid, no matter WHO hired them, they can place a mechanic's lien on the property where the work was performed. That's why in California, you should always either write your check payable to your contractor AND the sub-contractor. That way, they both…
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Answer Maybe sounds like theft but they did bring it back, did they harm your vehicle or put you in a compromising position if not give them a break they really do have a rough way to go be nice do unto others as you would have done unto you would you like to go to jail when all your trying to do…
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Generally no, you cannot sue your spouse while you are still married. Generally, the only lawsuit a spouse can file against a spouse is a complaint for divorce.
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This form of to summon means called to appear. This is used variously for either:producing a demon in magic or religious connotationsbeing called before a court, authority, or inquiryThe word "summoned" means called to come.
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Answer Yes, however such allegations are often difficult to substantiate even in a small claims case. Judges are generally reluctant to grant monetary recovery awards unless the plaintiff can prove a financial hardship was created due to the defendant's actions. Sure, you can. The answer above i…
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Answer An answer (defense) would be whatever proof the defendant has that the lawsuit is not valid. The response to the summons is not the venue for explaining the defendant's personal situation, such as job loss, illness and so forth. Unfortunately the law does not consider such circumstances as…
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Before leaping into the litigation arena one should determine if it is legal to participate in online gambling in the state in which one lives. Most states have laws prohibiting said action and the federal government is still carrying on the debate of whether or not the Wire Act is applicable. In a…
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Answer The person/creditor that is owed money sues the debtor/borrower in the appropriate state court. If the plaintiff (person owed) wins the suit he or she will be awarded a writ of judgment. Be advised the court will not collect or assist in collection of money owed, that is the responsibili…
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excellent question, most people don't know about the "SOL" but specifically what it pertains to is how long a company has to bring about a law-suit in an attempt to collect the debt. don't know exactly on your state but do know it's at least 5 years and b\c your neighbor state of Ohio is unusually h…
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No, the exemptions allowed are not subject to forfeiture. When a person is sued numerous times the same exemptions will apply in each lawsuit judgment. It would be in the best interest of the debtor to review their exemption status to be certain they are protecting all personal and real property tha…
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Depends on your state. Most places its two years for personal injury and three years for propoerty damage, but it varies by jurisdiction. Call your local bar association and check with them.In England and Wales in the UK - you generally have three years from the date of the accident. But if a child …
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If you don't pay the balance of the loan after repossession, the lender can take you to court for the remaining balance or they can charge it off. Neither is a good thing, so it is best to pay the remaining balance as soon as possible.___________________________________________________Most vehicles …
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Yes. It happened to my neighbor and they couldn't sell until the debt was settled.True, but this would only happen if the credit card company first sued to collect the debt and was successful in obtaining a judgment.
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�O you who believe! If a Fasiq (liar � evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done.� (49:6) �Not a word does he utter but there is a watcher by him ready (to record it).� (50:18) …
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Answer I woudn't think so since it would be double taxation if you already paid the bills from your own money (i.e. salary that is taxed). Actually, isn't there an area where you can deduct medical expenses on your tax form anyway? I believe I saw it when I did my taxes. ADDITIONAL INFORMATION P…
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The link previously shown in this answer has expired. Here is the new link: https://postalinspectors.uspis.gov The new link is not nearly as informative as the U.S. Post Office's link used to be. Additionally, the previous answer discussed theft of mail, not opening someone else's mail. They are…
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You need to get into the county land department and have them look up your land and see how much you have and where it ends. Then get a copy of it, see a lawyer and have it served to your neighboring rancher. If indeed you own that land then you have the right to tear down that fence and have yo…
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The answer is the same as any lender whose loan is in default: File a Foreclosure. Hire an attorney who understands foreclosure laws, negotiate the fee, and get it done. Look up the foreclosure listings for the county in which the property is located. You'll notice one or maybe two law firms handl…
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Question ContinuedMy husband got served with papers the other day to appear about a debt he owes with a credit card company. We are willing to pay the debt, but we don't have the money up front...I called the collection agency that is suing us, and they told us the only thing that can do is settle f…
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No, all they can do is provide the technology. They can't be responsible for everything that happens. Having air bags just increases your potential for surviving a collision. If it turns out that the basic technology is flawed and there is a consistent pattern of failure, you might have a case. Othe…
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No. but it could lead to a lien being filed later if you are found liable and you don't have coverage under your home insurance policy.
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Judgments are expunged from credit reports after seven years. However, the judgment itself is generally valid until it is paid in full or satisfied in accordance with the judgment holder's agreement. Judgments both domestic and foreign (meaning outside the state of residency not the U.S.) are valid …
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First of all courts do not use "scare tactics".A court summons can be delivered by a process server, a sheriff, or registered mail, and will be appear similar to:IN THE CIRCUIT COURT OF ("name of City, county and state")."So and So" as Plaintiff VS John Doe as DefendantCase or Docket Number ________…
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Your mother should have pursued your father in court for child support when you were young. In most jurisdictions you have no legal standing to sue your father for child support now, and especially if there was no original child support order. If there was an order at some time your mother may be ab…
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Like anything there may be an exception, but more than likely yes...absolutely!The party owed the debt is allowed to use any and all legal means to collect it, until the entire amount that is due them is received. Once there is no debt all actions must cease.There is no requirement that only one met…
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Yes you do. You also have the right to refuse the deposition if a tape recorder is present without first obtaining permission to use one. Whoever is holding the deposition, must first obtain authority from your attorney to do so. I am not sure how it will affect your case, but you do have the right …
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No!!!!!! Looks like your trying to pay them off,Its up to the court!!!! You can file a counter claim!!!!
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Answer The neighbor is responsible for his own property. If your tree fell on his house, he is responsible for the damage. That is how homeowners insurance works. No one is "legally" responsible if it was a result of a natural occurrance. The neighbor whose tree fell and damaged the …
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Which court has jurisdiction to hear a case is pretty well mandated by a number of things. NOT YOUR ABILITY TO GET TO THAT SPECIFIC JURISDICTION. You may find if there is a contract or agreement with the Company that is suing you, in it you agreed to where court cases would be filed concerning it. …
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Answer It depends on the content of the letter, the judge, the OTHER attorney and how fortunate you are on that particular day. Many times the judge wants to give the attorneys to "discover" anything that might have been accidentally left out of the letter. If by "stand up in court" you mean can…
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No. Child support is owed to the custodial parent. The right to collect child support belongs to the custodial parent, not the child, even after the child is an adult they cannot bring a suit for back child support. An adult child may be able to bring a suit for child support arrears on behalf of …
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Liens against a persons home in Ohio. Free tibet
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Civil Suit First Pleading The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted rel…
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If the debt is valid there is very little the debtor can do other than negotiate a settlement with the creditor before the lawsuit gets to court. If the creditor does decide to sue the debtor, it is imperative that the defendant files a response. Regardless of whether or not the funds can be paid, N…
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fool for a clientthis will depend on the judge most likely. He might see it as a ploy to allow yourself to 'flap your jaws"--pardon the expression. He or she may require the lawyer do all the talking. This is a rare question. I've never seen it come up in 35 years. frequently, in a criminal case, a …
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Yes, if (and that's a very important "if") the trust has been established in the correct way to enable it to be protected from creditor garnishment or seizure.
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Yes, but unless the plaintiff has unlimited financial and legal resources it could prove to very difficult to prevail. Rather than a personal lawsuit against a lending institution the person might wish to consider the possibility of a class action suit and enlisting the assistance of the state and/…
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There are 4 requirements to proceed with a class action. 1. Numerosity - enough plaintiffs to make class action an efficeint way to handle the claim. 2. Commonality - common issues of fact and law for each claimant 3. Adequacy of Class Rep - the person who is the class representatitve needs to …
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If you continue to receive payments, then all you can do is ask if they can increase the amount so that it pays off quicker. You could also ask the person to take out a loan and pay you with that, this way they can pay back the bank - not you. Without an IOU or note, you can still win in court. You …
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In some cases it is possible for an adult to sue a non compliant parent for child support arrearages. However, there must be established paternity and a child support order in place before the child reaches the age specified in the laws of the state where the child was born.
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Contact the United States Postal Inspectors for information on federal law concerning such issues.http://www.usps.com/postalinspectors/orUSPS Office of Inspector Generalhttp://www.uspsoig.gov
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Debt CollectingBeware the telephone debt collectors. Are you certain a judgment was won or is that just the speel you are hearing. Check public records for judgments awarded. A lot of people are buying old lists from credit card companies and banks. Those companies have already written off the loss,…
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