Civil Cases

One way is to place a lien against their property. Another is to garnish their wages. The state laws will specify what can be done.

The movie itself is not a civil case, it is the portrayal of a real character, a so-called 'whistle-blower' who uncovered evidence of the cover-up of massive pollution by Pacific Gas & Electric. This became a celebrated court case in which she played a central role. The basis for the movie relies on the true-life scenario.

remoteness of damage is when its expressed on rules remoteness of damage is when its expressed on rules

I'm not an attorney but don't sign anything until you know what it's about. If you can ...seek counsel, but definitely educate yourself and contact the clerk of the court for the court where these civil papers came from and ask about the complaint, allegations, pleadings, etc. and get all the court forms or the packet for that issue that are available from the clerk of the court. And find out what " motions " are and where and when to use them.

You do not have to sign them, however the person serving them on you will file an affidavit saying that he/she did serve you and that will be proof enough that you were served. Your signature is not required to prove to a court that you were served otherwise people would just refuse to sign. Some courts require that some type of description of the person being served be included in the affidavit, just in case that person lies about not being served.

An out of court settlement in when the parties of the lawsuit come to an agreement to end the case, usually in exchange for monetary consideration or other contractual obligations, without them being ordered or awarded by a judge or jury.

Here, I assume that you mean a motion to dismiss for "failure to state a claim," which is made pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The standard for dismissal under 12(b)(6) is that the facts, taken as true, allege no plausible right to relief (no violation of the law). Here, it is important to note that the facts are taken to be true -- not the laws! You can't just recite the elements of a cause of action. Even so, you should note that this is a very liberal pleading standard. Taking the facts as true, the judge will not dismiss the case under 12(b)(6) as long as the facts spell out some actual violation of the law, and the right to relief rises above the "merely speculative" level. For cases that discuss the standard for a 12(b)(6) motion to dismiss, see Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal. These cases highlight that the standard for surviving a 12(b)(6) motion is much harder now than it was in the past, perhaps because of the great expense associated with discovery.


Second, cases may be dismissed on more "technical" grounds, like a lack of subject matter jurisdiction (it's not an appropriate case for federal court; there's no "federal question," or the parties are not from different states with more than 75K in dispute) or lack of personal jurisdiction (the defendant does not have enough contacts with that state for you to be able to sue them there).


This summer, I worked for a federal judge and we dismissed a case for lack of prosecution (the plaintiff showed a complete lack of interest in going forward with the case). There are all sorts of ways that cases may be dismissed, and, with that, there are all sorts of standards. Our judicial system is set up, however, so that it should be more difficult for a case to be dismissed at the pleadings stage, so that each case may be dispensed based on its merit!

I've gotten at least 4 summons from when I turned 18 and I've thrown every single one of them directly in the trash can. Nothing has ever happened to me. But, I move a lot, being a college student, so I assume I could always claim I didn't get it. I'm pretty sure wage garnishing isn't an option. At worst they can fine you a couple grand which you can set up into like $20/ month payments, or you get a few days in jail.

I also heard of this (quoted from WikiHow, reference link below):

In California, there is a loophole you can take advantage of to get out of serving on a trial if you aren't able to get out of being called for jury service. This is significant, as trials in CA often last 10 - 20 days. In the voir-dire (evaluation of potential candidates for a jury on a specific trial), the judge will ask if anyone has any significant reason not to serve on a trial (which can last for weeks in CA). Most excuses will not be accepted, but some, such as medical excuses, will get you dismissed. One tack to try: Explain to the judge that you have a pressing, pressing commitment in the next week or two, and that you would be happy to re-schedule your jury service two weeks hence because of this very pressing work or personal commitment. Most judges will agree to let you come back and repeat jury service in two weeks, even if your commitment doesn't rise to the level needed for him to just let you go Scott free. However (and here's the catch), by state law you will have served you jury service *already* by showing up for a day and not being selected for trial. When you return to the jury room, instead of getting your jury service rescheduled they will hand you piece of paper certifying you have completed it. Voila!

Reference: http://www.wikihow.com/Get-Out-of-Jury-Duty

No, but in all likelihood a default judgment will be entered in favor of the plaintiff and can be enforced against the defendant debtor's real or personal property according to the laws of the debtor's state.

every one that i try to get this matter solved has just brushed it under the rug..This is not acceptable because my livelyhood depends on how my case i filed with the ohio bar association.....

tear it down if its on your property

I have a non-service connected compensated pension. If this is what you have you are fine. That income is completely protected and cannot be seized in a judgement. Your social security may still be in jeopardy however I am not well versed in it

(in the US) Anyone can sue anybody for anything. The question you have to ask yourself is, what are your chances of collecting anything, and will it be worth it?

If I'm not mistaken, Estelle won this case as a result of extensive documentation, proving that Gamble had received adequate treatment. Gamble's own factual documentation accounted the details of his treatment wich supported the doctor's defense that they were not indifferent to him and treated him in good faith based on their understanding of his injuries.

Yes.

You must show you have suffered damages. The downside is it unlikely a person who commits a criminal act has the financial resources to reimburse the plaintiff/victim.

45 US states have laws in place to allow a crime victim to initiate a lawsuit for damages, although the majority of these laws pertain to physical and/or emotional harm.

Most people are covered by insurance when a crime relates to the taking of items from a home or apartment, if such is the case filing a lawsuit would likely not be beneficial to the victimized person.

The best option is to consult with the prosecuting attorney's office about the possibility of the judge ordering restitution to the victim as part of the sentencing process.

This would depend on who is deciding it is for the best and what some of the circumstances are in the situation; Ex are you married, custodial parent non custodial are children involved. If your trying to kidnap someone it;s illegal so that would not be advisable

Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.

Sonoma County's small claims court is at 1450 Guerneville Road, Santa Rosa.

compensation

For the purpose of making a credit decision, these are some basics. Your company and your industry may require more. 1. full name of business, structure of the business (LLC, partnership, etc), time in business, trade references, bank account information. 2. billing requirements such as is a PO required, tax or resale info, freight terms, # of invoice copies needed, billing address, a/p invoice cut off date, name and contact information of the accounts payable person. 3. once a credit report and/or trade references have been contacted, ask the customer to explain any areas of concern that you might have.

It means exactly what it sounds like. The END of the case. It is the FINAL disposition of the case. A decision or verdict has been rendered, and judgment meted out.

A limited civil case is a type of legal action involving disputes with a monetary value that does not exceed a certain threshold, typically set by state law, often ranging from $10,000 to $25,000. These cases usually involve simplified procedures and a faster resolution process compared to unlimited civil cases. Limited civil cases can cover various matters, including contract disputes, property issues, and personal injury claims. The rules governing these cases are designed to make the legal process more accessible and efficient for parties involved.

It will depend on the specific laws in your jurisdiction. Many will allow it if it was only recently discovered, but consult an attorney in your location.