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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
What happens to a person who refuses to comply with a civil judgment?
They *could* be held in contempt of court, jailed, and fined.
It depends on the reason why. Let's say they had an accident that made them permanently unable to work, therefore drawing disability as their sole source of income. It wouldn't be prudent for any judge to jail them for circumstances beyond your control.
The only out to not pay a civil judgment if you are not disabled would be to file for bankruptcy.
shortage of work
What does it mean for a party to be required to pay costs in?
Often the losing party in a case will have to pay court costs -- i.e., various fees and expenses related to the litigation that the court system may charge (for example the cost of copying certain documents).
The foregoing answer is accurate. However, most jurisdictions have specific rules as to what costs are recoverable. Be aware that attorney's fees are not a "recoverable cost" for the prevailing party unless a statute governing the subject-matter of the action, or the contract upon which the action was based so provides.
What does it mean when the case status read CLosed?
Are we speaking of a court case or a police investigation? Usually it means that the case is: over - finished - done - concluded, or in the case of a court action, the final ruling has been made.
What are the reasons you can sue a hair salon?
If they burn your hair beyond repair
If they do any scalp injury or eye injury from chemicals they use (such as bleaching)
If they don't keep the floors clean or hair swept up off the floor and you slip on it and injure yourself.
If they cut your hair and severely cut your ear or the back of your neck. This rarely if ever happens.
That's about it.
- In the UK if you can show the hair salon or any of the hair salon employees have been negligent. Typically hair salon claims involve injuries to the hair and scalp from chemicals used. To see common types of claims and compensation amounts see the related link entitled "hair damage claim".
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.
What is the three prong test of mathews v eldridge?
- The interests of the individual in retaining their property, and the injury threatened by the official action
- The risk of error through the procedures used and probable value, if any, of additional or substitute procedural safeguards;
- The costs and administrative burden of the additional process, and the interests of the government in efficient adjudication
What are the advantages and disadvantages to no win no fee arrangements in civil claims?
A no win/no fee arrangement has pros and cons for both the client and the lawyer. The pro for the client is that he does not have to pay up front for the lawyer's time in bringing the lawsuit. Plus, if the lawsuit is unsuccessful, he does not have to pay for the time the lawyer spent. This makes it easier for clients to sue to protect their rights without too much risk. The con for the client is that the fee usually is about a third of the recovery, which might be higher in the long run than if the client had agreed to pay as the case went along. The cons are the reverse for the lawyer. He risks getting nothing for his time if he loses but might get more for his time than by charging just an hourly rate.
If your husband dies with a judgment against him what should you do with regard to the judgment?
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for.
If the judgment is against the deceased spouse only and the married couple were not residents of a community property state the surviving spouse is not legally responsible for the judgment debt and it can be voided by the probate court or the surviving spouse. In some cases, no legal action is needed, the judgment becomes null and void upon the death of the debtor.
How long do you have to vacate the premises when evicted in Ohio?
You should review the court order. It will recite the date by which you must vacate.
See related link for more information regarding eviction in Ohio.
Where can you find sample interrogatories for Defendant to a Plaintiff?
It's pretty simple to find examples of interrogatories from Defendant to Plaintiff. Because I am representing myself, I'm doing that myself right now.
Get to a search engine and simply type in "Examples Interrogatories Defendant to Plaintiff." I generally use "Google." You'll get more than you need.
Here are some problems an solutions I would have found helpful:
1. You will get interrogatories from all states in your search. Court rules and procedures for presenting your interrogatories differ from state.
Narrow your search to include your state only and pay attention to the format of the pages you find. Copy and paste the GOOD examples you find to your word processing program for later use.
2. The TYPE of case where individual sets of interragatories are found will vary from medical malpractice to car accidents to breach of contract, etc. Again, try to narrow your search to the type of case you have.
For example, if you rent and are fighting your landlord over some issue, put in your search "Landlord Tenant". Other examples might be Credit Debit, Insurance, Employer Employee (or hourly compensation, hiring firing, overtime, unemployment insurance, workman's compensation, benefits eligibility, etc.). You get the idea.
3. The types of files you will get when clicking on a link will vary. For example, here is a list of file types I have encountered: .pdf, .doc, .xls, .txt, .rtf, .htm, and .html.
I started a Word document. I look at the information on each link then select, copy and then past these "snippets" of information to my open document as I go along.
My "Examples Document" is just a mess . . . different formats in style, color, typeface, etc. I'll go back later, pick and choose what I want to use, reformat everything and organize the actual document I send the other side's attorney.
4. In general legal terms, the set of interrogatories you produce for the other side to answer is one method of "discovery", meaning the process of finding relevant evidence that gives your argument credibility.
Other discovery methods, for example, include Admissions, Request for Production of Documents, Deposition, List of Witnesses, and permission to visit (and take pictures of) the site, object or premises involved, and others.
As stated above, all states have their own rules regarding "discovery". Knowledge of the law, procedures and Court rules in your state is critical. If you mistakenly file a document that doesn't fit the "rules", it is possible that the other side (or the Court) could invalidate your interrogatories, even on a typographical or time related error.
I'm lucky in that I live in Michigan and have internet access to ALL the State Laws and the Michigan Court Rules. You can see what I mean through the following links:
http://www.legislature.mi.gov/(S(wgwyey45vapfhpyh5xkdas2a))/mileg.aspx?page=ChapterIndex
http://coa.courts.mi.gov/rules/documents/1chapter2civilprocedure.pdf
Good luck!
Your attorney would be best to answer that questions. Since we do not have the full facts of the case and this place does not provide legal advice since not everyone here is an attorney.
Call your lawyer or Google one for a free consultation.
