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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
If you file a quiet title with your lis penden will that stop the writ of possession in California?
A Writ of Possession in California indicates the mortgage is in default or the ownership of the property is in dispute. The case needs to be adjudicated in the court of jurisdiction. A quiet title action must also be adjudicated in the court of jurisdiction and you would need grounds in order to obtain a decree forever barring the claims of your adverse party. It cannot be used to wipe out a bona fide mortgage lien. You need to consult with an attorney to determine what your options are.
What is the legal purpose for allowing a person to sue for defamation of character?
defamation constitutes damage that requires due process if law
What are your rights if civil papers are trying to be served to you?
You should accept them and appear at the hearing.
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
A scam--they've been in trouble for taking advantage, scaring people -- do research, NOT on their shady website -- they've been
exposed ad frauds collecting on the fear of people already in trouble-be VERY careful
What is a dismissal without prejudice?
Since it is voluntary, it would seem to indicate that the prosecutor requested that the court dismiss the charge, subject to its being re-institued at some later time, rather than by the prosecutor simply Nolle Prossing it.
It is an order issued by a judge dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself.
There are two types of dismissal:
Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice.
WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again.
In addition: In civil cases a party may take or request and get a voluntary dismissal of a claim (whether a plaintiff's complaint or a defendant's counterclaim, etc) if, for example, that party is not capable of proceeding with his/her case at that particular time. The claim may be reinstated or refiled at a later date, provided the statute of limitations governing that claim has not expired.
false allegations are when a person makes up something about someone that isn't true that could get them in alot of trouble
What right does a potential buyer have to put a Lis Pendens on a property?
A lis pendens is a legal notice there is a court case pending that may affect the title to the real estate. You will need to check the information on the lis pendens to determine which court is handling the case. You can go to that court and read the file.
What is a motion for leave to file responsive pleadings out of rule?
It is a document (pleading) submitted to the Court asking for the court to allow a delayed or secondary response to what was filed by the opposing party (thus requiring a responsive pleading) out of rule of law.
Check your State Statutes for details on the provisions and governing laws of your state.
Who can file a notice of lis pendens?
Preface: The words "lis pendens" are Latin for "lawsuit pending." Lis pendens are filed in actions which affect title to real estate, including foreclosures, boundary line disputes, estates (sometimes), injunctions (sometimes), and other like cases. A lis pendens is filed in the official property records and warns anyone whom it may concern that all persons whomsoever acquiring any interest in the real estate at issue in the lawsuit will take subject to the rights of the Plaintiff in that action. Answer: While anyone can file a lis pendens, the only lis pendens that are valid are those filed out of real estate-related actions, such as the ones I have mentioned. Even these may be vacated (removed) by the court, but the Defendant usually is required to post a surety bond unless the lawsuit was dismissed or a judgment in favor of the Defendant entered.
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.
If the suit was brought against you, and you failed to show up to defend yourself, it is highly likely that the other party would win the case by default.
How long does it take to clear credit?
Negative information remains on a credit report for seven years after the DLA. In the case of judgments, they are renewable and can be replaced on a CR at the time of renewal for another seven years.
If you are acting pro se in a custody suit are allowed to have co-counsel?
How do you rectify a mistake in stamp paper?
When the person has done something hideous and yet was threatening the party towards which the crime has been committed then you rectify it in stamp paper.
What do you mean by leading question in the Indian evidence act?
any question suggesting the answer which the person putting it wishes or expects to receive is called a leading questions.
You have not explained who you are or if you have legal guardianship over the sister. You should consult with an attorney if possible. You may be able to obtain a restraining order and/or file a lawsuit. If you cant afford an attorney then collect your evidence of repeated complaints that were determined to be unfounded and visit your local civil court to get information about filing for a restraining order. Your documentation can be submitted to the judge at your hearing.
How can you find holders of small claims judgments?
These are of public record, so you can contact your local small claims court and ask to fill out a public records request form. An open government advocacy agency, such as the ACLU, likely can help you with this process if you need help.
