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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
What does it mean to File a suit in Proper person?
In Proper Person is from the Latin, in propria persona, often shortened to "in pro per." It means that you are acting on your own behalf, without the assistance of an attorney. The more common term is "pro se." Agreed. RA
Where should you file a lis pendens?
The lis pendens is filed in the same court where the underlying lawsuit is filed. Once filed at the court, a certified copy of the lis pendens can be recorded in the county where the property at issue is located.
Why is verify the complaint so important?
because as a owner or worker of a mechanic shop you are in buisness to make money. you don't want customers coming back with the same problem that they were in there before because in the end that will cost you money
Can a US bank freeze a checking or savings account when a person dies?
Most states requre that the probate courts be allowed to investigate all of the finances of the deceased.
In Mississippi when does an order become final upon signing or upon filing with the clerk of court?
Per Vickie Cob, Chancery Court Judge, it becomes an order, "when it flows through my mouth" of which I was found guilty for an order that on paper, did not exist.
Added: The above answer is correct in ANY jurisdiction - in point of actual fact however, any judicial order is effective the moment the judge affixes their signature to it. Its filing time/date with the Clerk of Court has NO significance whatsoever.
http://www.stcl.edu/library/TexasRulesProject/TRCP176-185/rule1851984.htm
What does motion mean in court?
"Motion" isn't a word officialy used in (European) courts (and I can't see its utility in American courts either). A motion is an idea or proposition that is brought up for discussion before a group. You would see motions brought before parliamentary bodies (that become acts &c., or are rejected) but not judicial ones.
When can you file a motion to compel?
The reason(s) the original summons was not responded to, such as it was never received, the defendant didn't have enough time to respond, and so forth. If the court finds the reasons justifiable on the defendant's behalf then it has the option of vacating the default judgment that was entered against the person/defendant. Be advised, any such claim must be substantiated simply making a statement of the circumstances will NOT qualify as a valid defense.
Answer
The motion is generally called a Motion to Vacate Default. The rules of civil procedure of the jurisdiction will specify any particular procedure for filing it; in all cases, like for all motions, a copy of it has to mailed to the other party or, if represented, to the attorney.
As stated above, the motion must state a recognized reason for not having reponded. "I forgot" will not work, but if, for example, the illness of a famility member required your undivided attention, you should set forth all of the facts.
You must state that you have a viable and legally recognized factual or legal defense to the suit; the court will not be inclined to vacate the default unless there is something substantive to determine at trial.
Finally, it is important that you file the motion before a judgment is entered. It is generally easier to get defaults vacated than default judgments.
What does the seventh amendment mean in plain words?
The seventh amendment basically means that a jury trial is guaranteed for civil cases in the federal courts.However, this type of case is usually not heard anymore in the federal court system.
Understanding the Seventh Amendment Line by Line
If you are confused by what each line means, here are some good explanations to make the Seventh Amendment easier to understand:
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved": When the Seventh Amendment was written in the 1700s, $20 was considered a lot of money. Today, any disputes that involve amounts less than $75000 will not be handled in a federal court.
"And no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law": It is against United States law to setting up your own court system. If a person goes to court, he will always go to a court recognized by the government. These courts are often city, country, state, or national courts.
The question is not worded clearly. If the questioner already HAS counsel and wishes to discharge/fire them, all he has to do is either do it in open court while on the record, or file a motion with the court notifying the judge that they are proceeding pro se. If, right from the outset, they are not engaging counsel, that fact will be included in the information with the court filings for the case. The judge will probably strongly counsel you to retain counsel, but you DO have the right to represent yourself if you wish. Please remember the old lawyer adage: "The man who represents himself, has a fool for a client."
What is a responsive pleading?
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
What does discharge of lis pendens mean?
A lis pendens is a written notice that a lawsuit has been filed involving the title to real estate, property or some interest in that real property. It is a notice to the defendant who owns the property and also to potential buyers or financiers.
A dismissal of this action would mean that it has been removed from the records and is no longer in effect.
Text of Seventh Amendment is as follows: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
Important Note: The Seventh Amendment is not incorporated to the states, so the right to trial by jury in civil cases exists only in federal court.
What appeal action if any that could be available to the debtor depends upon the laws of the state. In most cases a civil summons does not have to be delivered into the hands of the named person, only that a reasonable attempt has been made. In a case where the summons was accepted by a member of the household the law would presume that the named person would have been made aware of such and should have responded within the required time limit and/or appeared at the date of the hearing.
You don't, a court (and its officers; judge, bailiff, etc) are immune from criminal or civil penalties for any action it takes: even if that action is clearly against established law. And, yes that is contrary to congressional intent; 42 USC 1983 & 18 USC 241,242 - but you would be asking the court to convict itself. When is the last time you saw a criminal turn themselves in for committing a crime; much less one that no one knew about? The last thing a court would do is subject itself to the authority of the people (it is supposed to serve).
Are judgments renewable in Washington state?
Judgments are indeed renewable in Washington state. They can be renewed for up to ten years with all the penalties and interest in place.
Can you take civil action against an executor?
As long as your question is referring to the executor of a will, than the answer to your question is yes.
What should you do about unsatisfied judgments?
Firstly if you are unaware that someone or a company has lodge a claim and the first you hear is when judgment has been made, you can request for a fee of £30.00 to the issuing court for the judgment to be set aside, giving reasons that no documentum was received and then try to sort out with the party issuing the claim.
If however this isn't the case, you have several options.
1) If judgment was less than 28 days and you pay this in full, then you can request that the judgment or CCJ is not entered on the register of judgments, thus this will not affect your credit rating.
2) You can offer to pay the judgment by instalments, but this may take longer that 28 days, which if this is the case the judgeent will be entered on the register and show up against you on any future credit searches. However once this is paid in full, you can request for a certificate of satisfaction, which is a formal document from the court advising that the debt has been paid (this however will not cause the CCJ to be removed from the register, this will remain for up to 6 years).
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
