What happens when a defendant in a lawsuit dies?
When any party to a lawsuit dies, the estate of the deceased party is substituted for the person. The estate executor or administrator then becomes the party in interest to handle the lawsuit. In most states, the executor/administrator will handle the lawsuit without having to consult with the ultimate beneficiaries before taking any action, such as settling. In practice though it is wise to get some feeling from the beneficiaries, since they might make some objections about a settlement and try to hold the executor/administrator liable for making a bad settlement. But once the ececutor/administrator does sign on the settlement, the beneficiaries cannot re-open the case just because they dislike the result.
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Answer . \nIf that isn't just a storyline (seems to be most likely), Melina wouldn't have much of a case, unless her lawyer's good. The reason is that everyone who watched the Smackdown! prior to Armageddon saw that Melina seduced Batista, they had some fun and Batista refused her request to pull… out of the match. She did it of her own free will, all Batista did was not to leave his partner Rey in a possible 2 on 1 against MNM.\n. \nI personally think Batista will be fine. Answer . That's true, but she wants WWE to strip Batista of his title. What will happen if she does? Mark Henry will probably be trying to attack him every week. MH will probably try to do something to Melina*Lets hope so! ( Full Answer )
Answer . \nThe answer to this question depends on a number of important factors, including when the claim arose, what type of bankruptcy has been filed and whether the type of claim is exempt under state law.\n. \nIn a Chapter 7 bankruptcy, the court appoints a trustee who is responsible for co…llecting and selling all of your nonexempt assets for the benefit of your creditors. The lawsuit or potential claim must be disclosed in your bankruptcy papers like any other asset. The trustee might have a claim or lien on the proceeds from the lawsuit. If the claim arose after you filed for Chapter 7, then the trustee has no interest in the lawsuit.\n. \nIn a Chapter 13 bankrupty, you generally keep all of your property while you make payments. In order to keep all of your property, you must pledge to pay all of your excess income over a period of 3-5 years for the benefit of creditors. The lawsuit MIGHT be income that needs to go into the Chapter 13 plan. ( Full Answer )
Answer . \nThe plaintiff will win a by default and a judgment will be entered against the defendant.\n. \nThere are not laws that require a person to file an answer or to be present at the civil suit hearing unless said person receives a subpoena or court order for appearance. \n. \nALWAYS res…pond to a subpoena or order of appearance. ( Full Answer )
Answer . The judgment creditor or plaintiff can execute the judgment in the manner allowed by the laws of the debtor/defendant's state.. Some ways of enforcing a judgment are, garnishment of wages, or levy of bank accounts, or seizure and sale of non exempt property, or liens against real proper…ty owned by the debtor.. Jointly owned bank accounts can be levied and jointly owned property can have a lien attached by creditors.. There are a few states that do not allow wage garnishment. Also, property owned by married couples as Tenancy By The Entirety is not subject to creditor action when only one spouse is the named debtor. ( Full Answer )
Yes, a municipality may be named in a lawsuit just as any person might be named. In fact municipalites are sued all the time for all sorts of reasons. However, when it comes to suing a municipality for damges due to an injury claimed to have been caused by the negligence of the municipality, many st…ates have laws called Tort Claims Acts, or something similar. These acts usually require that a lawsuit on a tort may not be filed unless the municipality is given prior notice within a short period of time. In NJ it is 90 days. If that notice is not given within 90 days of the date of the occurrence of the accident, the right to sue will probably be lost. This gives the municipality time to review and perhaps settle the claim before a lawsuit is filed. If a claimant does not receive a satisfactory response, then at the end of the 90 day period he can sue the municipality. ( Full Answer )
Answer . Remember the old adage that a man who defends himself has a fool for a lawyer. Hire a good lawyer and let your lawyer handle your defense.
There are a variety of hearings that will occur prior to a trial, including the settlement conference and status conference. If no summary judgment is awarded, and you cannot settle with the plaintiff, the case will eventually proceed to a trial.
You never know how many people are facing the same problem with a product or service. The ones who start a Class Action usually get the bigger chunk of the settlement. Came across this: SueEasy.com\n. \nApparently you can start a Class Action and if others join.. A class action lawsuit can easily b…e formed. ( Full Answer )
In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff". In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defen…dant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor. Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding. ( Full Answer )
The plaintiff will win his or her case by default, and any money or other relief requested by the plaintiff will likely be granted. You will not have an opportunity to tell your side of the story to the judge or jury, but must pay any judgment entered in the case.
Three hundred Spartans died defending the Pass of Thermopylae, alsoknown as The Hot Gates. After the battle was over, the Persiansgained control of Boeotia.
A lawsuit is an action a person takes in the court of law when theyfeel wronged by another person or company seeking money fromdamages.
Answer On the petition (paperwork) that you receive it should tell you how long you have to answer. You must get an attorney as quickly as possible to answer the lawsuit for you or the person/company who filed the lawsuit can win the case by default.
In a civil lawsuit against a corporation can the corporate veil be broken and the personal assets of the defendant be part of the lawsuit?
In some cases, yes. There would have to be a showing that somehow the corporation was invalid, such as mismanagement of corporate assets, failure to comply with state laws, using the corporation only as a facade to hide fraudulent activities, etc. Since this can vary widely, and is made even more co…mplicated by the fact that the laws of the state where the corporation was incorporated will govern, see an attorney about this matter. ( Full Answer )
What happens if the defendant dies before pretrial has happened was charged with trafficing an they have seized cars an personal items. can i get these items back.
In a civil action relating to a consumer debt (credit cards, pay day loans, vehicle repossession,e tc.) the only documentation that would be considered as a viable defense would be proof of payment and/or proof that you are not the person who owes the debt.. In very rare instances the debtor/defend…ant's state statute of limitations for debt may apply, but this is not an automatic defense and can often be subject to "tolling" by the court depending upon the individual circumstances. ( Full Answer )
You would need to make a claim against the defendant's estate if there is one. You should seek legal advice of an attorney if the claim is substantial. An attorney can have an asset check performed to see it the defendant owned any property.
If the defendant loses the case, the Court could order any future earnings be attached. Your heirs could even lose any life insurance payments after your death. In any event, you will have to prove you do indeed have no property (and didn't just recently sell or give away property), assets, or incom…e. Also that you aren't keeping yourself deliberately unemployed or underemployed (meaning you could be making more money than you are). ( Full Answer )
It is the presentation of the formal charges against him. He doesn't have to be physically present, in many court systems he is "present" via a closed circuit TV link.
What jurisdiction refers to the authority of the court to determine the rights of the defendant in a lawsuit?
Unsure what is being asked here. The rights of the Defendant/Plaintiff are set forth in the US Constitution as well as codified in countless decisions and in case law. If that is not the desired answer, please re-word and re-submit the question.
You can watch on Youtube but its in parts or you can watch it on www.4kidstv.tv or something along those lines.
If you don't file an answer to a civil lawsuit, the court may enter a default against you effectively preventing you from defending against the complaint. The court will allow Plaintiff to proceed with its claim either by holding a proof hearing or allowing proof of the claim by affidavit and recove…r a default judgment against you. A failure to deny allegations in a complaint is not automatically an admission of those allegations. Plaintiff still must prove its case, but that will pretty much be a simple formality. Courts will allow a defendant who has not answered a complaint an opportunity to vacate both a default and a default judgment; however you will most likely have to prove that you failed to answer due to some form of excusable neglect and you might have to prove that you have a meritorious defense before being allowed to defend the complaint. Check the court rules for the specific court in the specific state where the action is pending as procedures vary. ( Full Answer )
What happens when a defendant dies before his appeal goes through. Is the case closed and the he remains innocent until proven guilty?
Generally, if the defendant was originally proven guilty, and as said he dies before his appeal goes thru, the original verdict of "GUILTY" will be upheld.. However, this may depend of certain state statutues.
You won't... at least not immediately. You will probably have to file a lien against them and/or their iestate, and if they ever earn any significant amount of money the lien would come into effect and MAYBE pay you something.
ON the online version complete the infinor quest you will be able to get a gaurdian
Theres not been much news about it, we'll just have to wait and see what happens.
I think Rion did because I'm in Vietnam,I watched an episode about Rion. In Rion's dream,he saw an Ethos and the Icon.He is half-Ethos so the Ethos said only Ethos can kill Ethos.....?
When a lawsuit is filed in Massachusetts and plaintiff is a Mass resident but defendant is Maryland resident can the defendant be issued a subpoena to be deposed in Massachusetts?
Your attorney would be best to answer that questions. Since we donot have the full facts of the case and this place does not providelegal advice since not everyone here is an attorney. Call your lawyer or Google one for a free consultation.
In the United States federal court system, the document used to initiate a civil lawsuit against a defendant is called a complaint. In the state court systems, this document is usually called a petition.
Generally, the plaintiff in a civil case has the burden of proof. The plaintiff must provide enough evidence to convince a judge or jury that her claim should succeed and she should be awarded damages.
Under Georgia law a defendant may be added to a lawsuit within the statute of limitations upon motion to the court. A work-around is for the plaintiff to add "John Doe" place-holder defendants and a defendant may be added b substituting for a John Doe without leave of court.
Medical negligence happens when a hospital, physician or other health care professional, through a negligent act or oversight, causes an injury to a patient. Here are some cases of medical negligence that may result in a litigation: Â· Failure to identification or diagnose Â· Misreading or dis…counting lab results Â· Unnecessary surgery Â· Improper medication or dosage Â· Poor follow-up or aftercare Â· Early discharge Â· Disregarding or not taking proper patient history Â· Failure to order appropriate testing Â· Failure to comprehend symptoms ( Full Answer )
when a person dies and a lawssuit is pending in new york city does he or she lawsuit drop sixty percent
In general, and in the absence of a statute mandating where a lawsuit must be filed, a civil suit may be filed where the occurrence took place or where any of the defendants reside. If the defendant is a corporation, the suit may generally be brought where it maintains a primary place of business. T…his is the concept of "venue". This is a general answer only and is not intended, nor may it me construed as legal advice. No attorney-client relationship is created or intended. ( Full Answer )
Your mother died with no estate and all debts were closed What happens if she had a pending lawsuit that was settled a year after her death Can creditors still collect on the settlement money?
If there is a lawsuit that benefits the estate, the estate will have to be reopened. The creditors can make their claims. The court should not have a problem reopening it in this instance. The creditors can force it as well.
What is the result if you are the plaintiff or the defendant in a lawsuit and you fail to appear in court?
In civil cases if a plaintiff fails to appear the case is dismissed usually without prejudice (meaning it can be refiled). If the defendant fails to appear the plaintiff will prevail and obtain a default judgment.
Currently (December 2010), the Brown family is still 'under investigation'. No major updates have happened regarding this case.
A lawsuit depends upon the agreement, contract terms . When a legal infringement happens or a breach of contract occurs, the payment is subjected to value or loss incurred that led to the lawsuit. The tenure depends upon payment decided or clause of losses agreed in the contract. Added: In plain… English : That matter should have been addressed in the settlement, a copy of which you, or your attorney, should have. If it was a date certain set by the court, and the payment is not forthcoming, the other party will be in contempt of court. ( Full Answer )
You cannot make the defendant settle. Your best chance is to hire an attorney who has an excellent reputation and a record of successful negotiations. You cannot make the defendant settle. Your best chance is to hire an attorney who has an excellent reputation and a record of successful negotiation…s. You cannot make the defendant settle. Your best chance is to hire an attorney who has an excellent reputation and a record of successful negotiations. You cannot make the defendant settle. Your best chance is to hire an attorney who has an excellent reputation and a record of successful negotiations. ( Full Answer )
It is said Colonel William Travis was killed fighting on the wall early in the battle, after killing several mexican soldiers.
You must read the notice of complaint. The date by which you must respond should be stated clearly. You must read the notice of complaint. The date by which you must respond should be stated clearly. You must read the notice of complaint. The date by which you must respond should be stated clearly…. You must read the notice of complaint. The date by which you must respond should be stated clearly. ( Full Answer )
When a mistrial occurs from prosecutorial error, usually the defendant is retried. In cases where the prosecution deliberately provokes a mistrial because the trial isn't going well and the defendant is likely to be acquitted, the Court will not allow the prosecution to potentially benefit from its …misconduct through a retrial. If this happens, the charges against the defendant are generally dismissed. ( Full Answer )
The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.
What happens when a Plaintiff dies during a lawsuit and the lawsuit wins who is entitled to the winnings?
The defendant must then suffer capital punishment so the plaintiff can collect in the afterlife. Unless the plaintiff is a Hindu, or Buddhist, then it is up to the attorney to locate the being that the plaintiff has been re-incarnated as.
If you have a lawsuit, you must disclose it as an asset in yourbankruptcy. If you don't list your lawsuit in your bankruptcypapers, you can get in trouble for hiding assets. In addition, thecourt may decide that you are prohibited from pursuing the lawsuit.
Claims against the White Star Line totaled about $17M (over twicewhat it cost to build her) but the total payout was about $664k.
You will almost certainly lose the case by default. Can you hire alawyer to appear in court for you?
well it depends on if the defendant had a spouse or an family , itwould be there choice if neither are uncontactable then it isentirely in the hands of the judge
There were thirty defenders who were from Tennessee who died in thebattle of the Alamo.
After the sinking of Titanic, Claims against the White Star Linetotaled $17M (over twice what it cost to build her) but the totalpayout was $664k.