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Civil Process

The rules of conduct for lawsuits and how cases progress through the legal system.

949 Questions

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.

What happens when someone sues you and you don't have the money and also feel they are reaping for an accident?

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.

What would the outcome be if you are unable to attend court for a civil action brought against you by an individual pro se?

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?

fool for a clientthis will depend on the judge most likely. He might see it as a ploy to allow yourself to 'flap your jaws"--pardon the expression. He or she may require the lawyer do all the talking. This is a rare question. I've never seen it come up in 35 years. frequently, in a criminal case, a defendant may ask to represent himself (probably to reaffirm the adage that "he who acts as his own lawyer has a fool for a client." ) In that case, the court will frequently appoint a lawyer to advise the defendant. I would suspect that your main problem would be to get a lawyer to help under these circumstances. He or she might just have to sit there while you do a gem of a job making a fool of yourself. (and that's usually what winds up happening). my advice: If you're going to hire a lawyer, let him or her do the work. its the same price. good luck!

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.

What can I do about a relative that repeatedly reports to the Adult Protective Services about me because she wants to be in control of her sister who has alzheimers.?

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.

What does it mean case status stayed mean?

A case status of "stayed" means that the proceedings in a legal case are temporarily halted or suspended. This can occur for various reasons, such as pending the outcome of an appeal, the resolution of related issues, or other legal considerations. During this stay, no further action is taken on the case until the stay is lifted. Essentially, it's a pause in the legal process.

What is an example of a pleading?

A pleading is defined as "Written statements of the parties in a civil case of their positions. In the (US federal courts), the principal pleadings are the complaint and the answer. The claim, answer, counterclaim, and/or third-party claim filed in an action.

In plain English, a 'pleading' is the entire sum total of the body of the case. Instead of calling it "the case" it is referred to as the "pleading."

How do you answer a summons in Hamilton County TN?

A person can answer a summons in Hamilton county, TN by contacting the person on the paperwork. An attorney can also answer the summons for you.

What is the difference between lis alibi pendens and lis pendens?

"Alibi" means here foreign. So "lis alibi pendens" tells us that there is the same action in the foreign court, while "lis pendens" may stand for the same action in the national court.

How do you file a quiet title in Cleveland Ohio?

Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

What do you do after motion for default has been granted in a civil case?

If a default judgment was entered against you the case is over. By failing to appear you lost the case.

Can a notice of lis pendens be filed prior to the actual lawsuit?

No. In order to file a lis pendens, the action must have been initiated and must be pending. However, depending on the type of case, you may be able to file a lien to protect your interest. I would see a real estate lawyer (if you are not already working with one)--real estate law issues can get very complicated.

What will happen if you don't pay the judgment in a civil case?

if you have the ability to do an act required under a judgment then you can be held in civil contempt and actually jailed, however if it is strictly a monetary judgment then you cannot be incarcerated, but your wages can be garnished and your assets seized by the judgment holder.

What is required to sell a small claims judgment?

If you have a valid small claims judgment that is wholly or partially unsatisfied, you may assign the judgment to a third party by filing an Assignment of Judgment form with the clerk of the court. Contact the court for a copy of this form.