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Civil Cases

Civil law involves disputes between individuals or groups and usually results in monetary compensation for the injured party.

759 Questions

You have been laid off for 5 months and your company wont release your 401 K?

Has your employment actually been terminated, or are you simply "on furlough" but still eligible to come back to full employment without a re-hiring procedure? Your actual 'employment status' MAY make a difference.

You may have to consult with legal counsel to determine under what grounds your emplioyer is withholding your 401 account from you.

What type of cases are tried by a jury?

Most cases which are resolved in court CAN be jury-demandable cases, but in actuality most court cases, traffic-related, civil torts, and criminal, are not heard by juries.

What does it mean when a case status reads dismissed on a civil case?

If it is dismissed without prejudice the case can be filed for suit again. And, if it is with prejudice the case will have notes from the judge and be permanently closed.

Can there be a civil attachment to a criminal conviction?

No. Civil issues cannot be decided as part of a criminal prosecution. Restitution is a criminal sentence, not a civil award.

If the victim would like to seek civil damages, he or she must file a civil suit.

How do you file for change of venue in civil case in Iowa?

do I have to file a bfief to file for a motion for change of venue in civil case

Karnataka Prevention of Fragmentation and Consolidation of Holdings Act?

this is an act brought out by the legislature to prevent transfer or alienation of lands in fragments so as to preserve the larger extents and wastage of lands.

How does a court order process begin?

A court order process begins with both sides of the argument opposing each other and building themselves a case to argue for. Evidence will be gathered and then a judgement will be made.

Can a tort claim affect real property?

Generally, by definition, a tort is any wrongful action, not arising out of contractual obligations, for which damages may be sought. Tort law is a body of law that defines and addresses civil negligence, injury and compensation for the resulting damages.

Examples of tort actions are: civil suits for damages resulting from an assault; injuries from dog bites; injuries from car accidents; fraud; defamation; nuisance; breach of fiduciary duty; trespass; product liability.

If a plaintiff wins an award in a tort action a judgment lien that can be recorded in the land records will be issued by the court. Once that lien is recorded, the property of the defendant cannot be sold or refinanced until the lien is paid. The plaintiff can force the sale of the real property to get their money.

Did dea agent lee paige win his lawsuit?

The suit was tossed out. Too bad he wasn't.

http://www.kansascity.com/2011/01/04/2560520/judge-tosses-lawsuit-by-dea-agent.html

How do you file for a motion to dismiss for failure to answer a discovery?

You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..

Who were the five women involved in the Persons Case in 1929?

The five women, known as the Famous Five, are Emily Murphy, Irene Marryat Parlby, Nellie Mooney McClung, Louise Crummy McKinney, and Henrietta Muir Edwards. -Ashton

Can us courts treat pro se persons differently from lawyers?

No, they cannot treat pro se litigants any differently than they would treat attorneys; however, courts will be more understanding and lenient with pro se litigants than with attorneys who are trained in the law and procedure. This deferential treatment does not last forever though. If a person chooses to litigate pro se, he will be expected to eventually comply with all rules that attorneys must abide by.

How can civil liability be reduced?

Civil liability may be reduced by obtaining a liability claim sheet from your local attorney at law, filling it out, and submitting it to the local director of the courthouse or even a judge that is currently presiding.

If someone owes me money can I get a lien on their home?

In most states, the lien is only intended to allow you to state your claim to improvements on the real property. If they owe you money for something else, you can't file a lien and if the improvments were completed more than a few weeks in the past you can't file a lien.

If it's just a simple dispute over what's owed, you may need to go to small claims court.

A Mechanic's Lien can be filed for a nominal fee at the recorder's office in the city or county where the property is located. This type of lien is for work done on the property only such as roofing, siding, remodeling interiors and so forth.

Liens for monies owed for personal loans, credit, etc. can only be obtained by due process of law, meaning the lender must file a lawsuit against the debtor in the appropriate state court.

The majority of small claims courts only allow monetary recovery, they do not allow the plaintiff to execute a judgment as a lien against real property.

Contact the office of the clerk or court administrator in the city or county where the debtor resides to obtain information on the legal procedure necessary.

AnswerYes.

First the lender must sue the debtor in the appropriate state court (usually circuit).

There are filing and court fees associated with all lawsuits, although in some cases whichever party prevails in the lawsuit can recover such costs.

You are trying to pay off a judgment in payments and the other party refuses payments should and can anything be done on your part to force them to accept payments or get the judgment taken off?

I am pretty sure you would then have to go to the court in which your original case took place and file some kind of motion that would reopen the case... let the other party explain to the judge why they wont accept the payment..

When answering interrogatories do you file with the court too?

No, not the entire thing, you only need to file a certificate of service, and a certificate of mailing with the court, and you need to send a copy to the other parties attorney

What can happen for a failure to appear in a remote state hearing related to a requirement that you not have contact with the plaintiff?

Whenever you are summoned to appear before a court, regardless of its location, you are advised to appear in person or to at least have an attorney appear on your behalf. Depending on the nature of the case, a warrant for your arrest (called a "bench warrant") can be issued by the judge. If that happens, you will be arrested if a police officer has reason to run your ID through his computer system, such as in the case of a traffic stop.

From the wording of your question, it SOUNDS like someone requested a Restraining Order (also known as a Protective Order) against you. That person is known as the "petitioner". When a petitioner asks the court for protection, a hearing date is automatically scheduled to determine whether the person has a good enough reason for the court to grant an order of protection. When the respondent (the person who is allegedly frightening or harming the petitioner) fails to appear in court at the time of the hearing, the court will assume that the petitioner has cause for an order of protection, and s/he will be granted an order by default. In other words, the petitioner "wins", and the respondent "loses".

This over-simplifies the process, but I think it answers your question. The bottom line is: ALWAYS GO TO COURT OR HAVE A LAWYER GO FOR YOU WHEN YOU ARE SUMMONED TO APPEAR.

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