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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
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.
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
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.
A brief summary is to describe something or tell about something in a few short paragraphs or sentences.
Can the court order interim maintenance for the wife even if she has independent income?
If the court is aware of her independent income and still ordered interim maintenance you can appeal the ruling. If you know that she has substantial independent income and did NOT report it to the court, YOU can report it to the court and she may be liable for contempt of court for failing to reveal it.
Added: Independent income earned by the wife is not an absolute bar to maintenance. It is quite common for one party to be awarded maintenance when both parties earn, but one party earns substantially greater income than the other.
No. Dismissed with prejudice means the case has already been adjudicated, and that res judicata would prohibit bringing the case again.
Furthermore, small claims court is a level of civil court that has a lower monetary jurisdiction than other levels. The alternative to civil court is criminal court, and small claims cases are not, by their nature, criminal matters.
How is a complaint for damages instituted in court of law?
The complaint is the original document filed to create a lawsuit. Once the complaint is filed, it is served on the defendant, and the lawsuit has begun.
Do you have to respond to civil summons that was not given to you?
its best to find out why you are being summoned but otherwise no you dont its not madatory
What if you get a letter from the court for a motion to compel?
Very hard to answer this question without knowing what the motion to compel was requiring of you.
What does contract and indebtedness mean?
It means that some says that you owe them money and they have a contract that says this.
If you have grounds to counter sue yes if you are in the wrong and the person suing you has a legitimate claim then don't waist your money.
In Georgia can your check be garnished if you are an independent contractor?
If you are an independent contractor in Georgia, you should not have a regular paycheck that can be garnished. If you have a regular paycheck from one specific employer and taxes are taken out, it can be garnished.
How do you use commas with proper names?
Use commas if the name is not essential to what you are trying to say. For example, if you want to express that someone was hurt by a member of his very own family, you might write, "He was cheated by his own brother." You might want to add some additional information, such as the name of his brother, "He was cheated by his own brother, Samuel." Then you would use a comma.
If you were conveying this information to readers who knew the family, possibly from your prior narrative, and you wanted to point your finger at Samuel, you would write, "George had three brothers, Fred, Pat, and Samuel. He was cheated by his own brother Samuel." Then you would not use commas.
In civil court, you are not entitled to the appointment of an attorney in the same way you are in criminal court. However, you do NOT want to ignore the case against you.
Many attorneys provide pro bono (free) legal services for indigent (poor) people. Get on the phone and start calling law firms. Ask, "Does your firm provide pro bono services for indigent defendants?" If they say, "No..", ask "Do you know who you can refer me to?"
Also, Google "free legal services in [your state]" Various nonprofit groups might be able to help.
Finally, if there is a law school in your area, contact them. Most law schools handle cases in their Law Clinics for no charge. All cases are supervised by an experienced attorney, but are handled by law students.
While you search for representation, you need to pay close attention to any due dates that apply to you. For example, you probably have 30 days to file an "Answer" once you've been served with a lawsuit. Call the clerk of the court where the case is filed. He or she will be invaluable to you, at least initially, in answering basic questions.
Get busy! Pick up the phone and start making those calls! Good luck.
In the US ANYBODY can sue ANYONE for ANYTHING. The question is, is it worth it? My advice would be this - if you paid for the car rental with a credit card, contact your credit card company and lodge a "dispute" against the portion of the rental car charge that relates to the GASOLINE FEE ONLY.
If you paid cash instead, I suppose you could take the car company to small claims court.
Hang onto that gas receipt, because if your allegation is true, it should show the date and time you gassed the car which should gibe with date/time car rental company logged the car back in as returned. It will serve as your only evidence of having fueled it.
Age limit to rent car in California?
Minimum age: 18, with a major credit card, and proof of present (and current) automobile insurance.
