Who is the plaintiff in civil case?
The plaintiff is the person who brings or files the suit. The person who gets sued is the respondent or defendant .
No, the case can not continue until you have been legally served. When it is returned as unserved, the case effectively ends unless they issue an alias summons (i.e. additional attempt to serve you). What this also means is that the summons was returned to the court, and was not successfully served, therefore no process server has a copy to potentially serve you later UNLESS an alias summons is issued to try a second time to serve you. It is wise to keep watch to make sure this does not occur.
Civil court.
Actually the first step would be to contact a lawyer and have them write a notice of demand to produce the required paperwork. In that letter state a reasonable time period and make it clear that if the papers are not produced at the end of that time period they will be sued for pertinent damages.
Civil court will allow you to sue for the amount in cash for which you have been damaged by the persons actions. This includes the legal fees for the lawyer who wrote the letter and the cost of filing the lawsuit. Beyond that you will need to determine the actual value of what this person is holding back from you.
Note that you cannot sue for time lost from work to appear in court and abstract damages such as emotional pain are rarely awarded. You will need to document actual cash values that you have lost due to this persons actions.
If the person is smart they will simply turn over your copies without going to court.
Be sure that when you send them the notice of demand that it has been notarized and sent in a way that allows tracking so that you can prove it was delivered (preferably signature delivery).
If forced to take this to court you want to be able to show the judge that you have attempted to be reasonable and that this person has refused to cooperate in legally turning over paperwork that you require and have a legal right to obtain.
Also make it clear to the judge that you view civil court as a last resort and that you would prefer the papers be turned over along with only the out of pocket expenses in damages paid (cost of court, cost of lawyer to write document) and that any additional damages you list were the theoretical damage that could be caused by this person not handing over the documents (such as whatever share of the trust should have been yours to administer)
Im afraid legal action is the only path to force someone that is not being rational or reasonable.
Added: SIMPLE ANSWER: Notify the Probate Court of your difficulties with your co-executor. The court will deal with the matter and resolve the situation.
Can you delay a contempt of court order?
I have been trying to collect the court ordered child support ordered and with no luck. Now I have filed a contempt of court order and it is due before the judge shortly. Is it possible for him to delay it any longer, or is the appearance before the judge final?
People of Mass vs W R Grace and Beatrice Foods?
My research can find no such cases as cited in the question. There are many in which INDIVIDUAL plaintiffs are named but none in which the State of Massachussetts is the complainant.
wont' that be an appeal?
Does the marriott international inc have any pending lawsuits?
Yes they do on sexual harrament&retaliation
How long do have to file an appeal in a civil case in Michigan?
not long about 5 years and 12 months and 30 days
Do civil judgments cross state lines?
Not automatically; you will have to request the court in the other state to recognize it as a judgment and record it. This will not give the defendant the chance to try the lawsuit all over. The only issue is whether the judgment was gotten in accordance with due process of law.
How do you create your own documents for suing for mental anguish?
First you must do some legal research to see if you have an actionable case in your jurisdiction. If you find that you do then you must be able to prove damages. You will need to study up on civil process in your local law library to proceed as your own lawyer.
Can you be sued for talking to someone about another person?
well if you talk about their privacy as in where they live and etc. but not really unless they think it is an invasion of privacy.
Yes and no. If the plaintiff prevails at the trial level and the defendant files a timely appeal, the defendant becomes the "appellant" and the plaintiff is the "appellee". In a particular case, the roles are the same in that each party is arguing the same "side". The plaintiff wants to keep a judgment and the defendant wants the judgment reversed - the same factual record and principles of law will apply. How the court interprets those facts, however, and reviews those principles of law, may be different than it was at the trial court below. For example, findings of fact are reviewed with substantial deference, and will only be reversed for abuse of discretion. Findings of law are reviewed "de novo," which means "like new". In this sense, the roles plaintiff and defendant may have switched because the defendant - as appellant - may be required to show that the lower court judge abused her discretion, and carries the burden of proof for this in the appeal. At trial, the plaintiff carries the burden of proof (usually a preponderance of the evidence). So the plaintiff carries the burden of proof in the underlying case, but the appellant must prove an "error" on appeal.
Sometimes, you will see that, at the trial level, the plaintiff's name is listed first in the case caption, whereas the appellant's name is first in the caption on appeal. For example, if Smith sues Doe, the case name will be Smith v. Doe, and Smith, as the complaining party, will have the burden of proving up her case. If Smith wins at trial and Doe appeals, the case caption may be restyled as Doe v. Smith. Doe is now the "moving party," and has the burden of proving that the trial court erred when it found for Smith. When the evidence is presented at trial, Smith fill go first, followed by Doe. But on appeal, appellant Doe goes first. They both still have the same theories as to underlying liability, but who's "moving" (or asking the court to enter an order in their favor) has reversed.
What is a motion to compel foreclosure?
If it can be proven that a bank is deliberately stalling the foreclosure, attorneys for the owner or condo association can ask for a motion to compel and have the court make the foreclosure immediate. This is happening in current cases where foreclosures drag on for years with no closure.
How do you write a demand letter prior to filing a small claim?
A small claims demand letter should be written in a clear and concise way, but should not be abusive or threatening. It should start out with a recollection of the events in question. Then you should tell the other party how much money you are asking for and explain why you have a legal right to payment. Finally, put a deadline for response to the letter (usually 10 business days is fine) and encourage a peaceful settlement.
The Related Links section below is helpful for writing a small claims demand letter.
there must be because for the past six years holland and Knight has dazzled the eighth judicial with there legal jargen and the F.B. I., local lawenforcement and senators agree that as a disabled combat vetran although deception,misrepersentation and perjury,to include wirefraud was comitted no law concerning civil or constitutional rights can be enforced because they are untouchable by law and above the law and all officials agree this is the case except me. does any one else see this as wrong?
When going to court is the burden of proof lay on the plaintiff or the defendant?
The burden usually lies on the plaintiff to prove the elements of their case. However, there is the principal of res ipsa loquitor, which flips the table and requires the defendant to prove they were not negligent.
How many civil cases are decided by the jury?
the majority. all civil cases are tried by a jury unless both parties agree to have the case heard before the judge only.
If you have a civil judgment can you buy a car?
Probably. In most states, the only way to get a judgment lien on a car is to actually get a writ of execution and have the card seized and auctioned off. The laws of your state may be different.
Are there any lawsuits pending against stjude?
Considering that he died about 1900 years ago, I certainly hope not.
How do you find complaints on a judge?
All complaints against a member of the judicial branch are sent and filled with the state legislature and/or department of justice.
To,
Chief justice Iftikhar Muhammad Chaudhry,
Supreme Court of Pakistan.
Sir,
I am process Server in civil courts,I researched some civil judges and Additional judges in Punjab, are used the employers for domestic chores and different kinds of house works, thsese presiding officers are shown the our high dignity in front of our relatives and friends,these judges are proudly, Allah Talla don't like proudly persons, therefore, these judges are adopted the implimentation of british and hindus rule, in the past, british and Hindu take the very bad attitude with our workers, I think we are government officials, then why they are used the officials for personal house and different works, they are create disturbance in our court works, please sir finished this illegal domestic chores with strictly orders, and one personal suggession for u, If you want to provide the justice to people, then reduce the tout system, and one important suggession for you, In all the Punjab courts and lawyers chambers has been separate, courts and lawyer chambers are on same place, but courts are in boundary walls, and beside the courts boundary wall , the lawyers chambers in boundary wall, when the lawyers come in courts they used the court boundary wall gate with clearance, and provide the courts own security, therefore, please take the action against the domestic chores, review on my suggession, Sir if you want to provide the justice to people , then make the good system in courts, finish the tout system in courts and lawyers bad behaviours in courts,its only one solution separate system, its hymbly request to you, take the action on my suggession.
my email: naweel008@yahoo.com
. your and our country well wisher.
What is the phrase for a decision in a civil case?
If you mean how an individual decision is made by a juror, it is called "A preponderance of the evidence", which means they are more than 50% sure.
If you mean when the opposing sides make an agreement, it is called a settlement.
If you mean the final decision, it is called a judgment.
Hope this helps!
Is an adjudication legally binding?
Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.
Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.
Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.
Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.
When Court papers not signed by a judge?
If a judge has not signed court documents yet, they are not legally in use yet. Court documents are not legal until all parties and the judge have signed off on them.
How do you respond to a civil suit filed by fia card service for a line of credit?
THE FOLLOWING IS NOT LEGAL ADVICE, AS I AM NOT A LAWYER. THIS IS FOR INFORMATIONAL PURPOSES ONLY!!
1. I would search for "credit card lawsuit defense" and read that info. I found a law firm site that showed how they defend these suits that was very helpful.
This site was really helpful, and will explain why I filed the answer below. Read part 56 of the linked page for more on this.
I
2. I would get help from the legal aid office in your county.
3. Here is what I filed when they sued me here in FL:
IN THE CIRCUIT COURT FOR THE 7TH
JUDICIAL CIRCUIT IN AND FOR
ST JOHNS COUNTY, FLORIDA
CASE NUMBER
CV09-xxxxx
FIA CARD SERVICE, N.A.
Plaintiff
vs.
xxxxxxxx
Defendant
/
ANSWER
1. Count 1: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.
2. Count 1: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.
3. Count 1: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.
4. Count 2: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.
5. Count 2: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.
6. Count 2: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.
Dated: ______________
_____________________________
City, FL xxxx
Back to my discussion:
From what I understand AS A LAYMAN, if fia cannot prove the three foregoing items in my answer, and provide the original proof of these docs to me, I could file a motion to dismiss the case.
I have learned that MOST OF THE TIME, the banks like fia will NOT have these docs, and will lose a case as a result!
However, I am getting ready to file a federal counterclaim v. fia and their lawyers for FDCPA (Fair Debt Collection Practices Act) violations. I will ask the Court to remove the entire case to Federal Court.