0
Civil Cases
Civil law involves disputes between individuals or groups and usually results in monetary compensation for the injured party.
759 Questions
What does it mean when a civil case status is marked closed active?
When a civil case status is marked as "closed active," it typically indicates that the case has been resolved or concluded, but there may still be ongoing obligations or actions required by one or more parties involved. This status can occur if, for example, the court has issued a judgment or settlement, yet certain terms still need to be fulfilled. It suggests that while the case is officially closed, aspects of it remain active until all conditions are fully satisfied.
What roles does reasonable a civil case?
In a civil case, the roles typically include the plaintiff, who brings the lawsuit seeking compensation or relief, and the defendant, who responds to the plaintiff's claims. Additionally, the judge oversees the proceedings, ensuring that legal standards are upheld, while a jury may be involved to determine facts and render a verdict. Legal representatives, such as attorneys for both parties, advocate for their clients' interests throughout the process. Expert witnesses may also be called upon to provide specialized knowledge relevant to the case.
Can you claim solicitors fees back from the claimant if the case is thrown out of court?
Short answer - "No".
Added: "Somebody" pays their fee - in this case YOU. You don't really think they work for free do you?
Can a civil judgment garnish social security Check?
In many cases, yes. SSI payments and the like are considered income, wages, and all income and wages may be attached by garnishment in most states. It is possible you live in one of the few states that do not allow this, so you might contact a lawyer and use a free consultation looking into it.
Additional Information
Generally, no. Your Social Security retirement or disability (SSDI) benefits cannot be attached by regular creditors, even if a judgment has been entered against you. According to federal law (Section 207 of the Social Security Act (42 U.S.C. 407), only the federal government can garnish your benefits, and even then, they typically take only a portion. Benefits may be garnished or accounts levied:
- to enforce child support or alimony obligations
- to collect unpaid federal taxes (up to 15% of your monthly benefit)
- to satisfy a non-tax debt owed to another department of the government
- to enforce obligations under the Mandatory Victim Restitution Act (18 USC § 3613).
Once the benefit amount is in your possession, however, the government will not help you protect it; you must be able to demonstrate the source of your income is Social Security. If a civil judgment has been entered against you, the best way to protect your Social Security check is to open a separate bank account used only for deposits from the SSA.
If you also receive Supplement Security Income (SSI), it cannot be garnished or levied by anyone for any reason.
Creditors may attach or levy income and assets from other sources, even if you are a Social Security or SSI recipients, which is why it's important to keep these funds separate.
What does op status in a civil case mean in changing a minors name?
In a civil case regarding the name change of a minor, "op status" typically refers to "opposing party status." This indicates that one party in the case is recognized as opposing the name change, which may involve a parent or guardian who contests the request. The court will consider the interests of both parties, along with the best interests of the minor, before making a decision on the name change.
What is time barred in criminal and civil cases?
In criminal cases, a statute of limitations sets a maximum time limit for prosecuting an offense, after which the accused cannot be charged. In civil cases, time-barred refers to claims that cannot be brought to court because the legal deadline for filing has passed. These limitations vary by jurisdiction and the nature of the offense or claim, serving to ensure timely resolution and fairness to all parties involved. Once a case is time-barred, it typically cannot be revived or pursued in court.
Why do you think the most common remedy in civil cases in an award of damages?
The most common remedy in civil cases is an award of damages primarily because it provides a monetary compensation for the harm or loss suffered by the plaintiff. This remedy aims to restore the injured party to the position they would have been in had the wrongful act not occurred. Additionally, damages serve to deter future wrongdoing by holding the responsible party accountable. Overall, monetary awards are often seen as the most practical and straightforward way to resolve disputes in civil litigation.
Can posted bail be attached in a civil suit?
I have never heard of bail referred to in the context of a civil lawsuit.
Every jurisdication is different, and rules of court differ.
The practical answer to your question is this: Call the attorney who issued the supboena to you. That is the attorney that wants you to appear as a witness. Tell that attorney how much notice you NEED, and request that they provide you with that notice when and if the case is rescheduled. Follow up the phone call with a letter that says, "As a reminder, you've agreed to provide me with __ days notice if you will need me to appear at trial as a witness in your case. I appreciate your cooperation."
Sometimes, the best solution is simply asking for what you need. Attorneys get very busy when they are preparing for trial. It's easy for them to issue subpoenas which require that you appear in court, and often they don't have "time" to worry about how inconvenient it might be for you without more notice. But, your convenience is not their concern or duty. They worry about their client, not their witnesses.
I, personally, always try to be as courteous to my witnesses as possible. It is beneficial to my client when I DON'T make my witnesses angry!!
