Civil Process

It means the Warning does not preclude the possibility that further action is allowed and possible. it is reserving the right to do more. The Warning does not block the other from taking (more severe) measures either now or for further transgressions.

I have recently had a road traffic accident & I'm not physically well enough to attend at the moment, Can I have this striked out until I'm well enough to defend my case.

A Tennessee lawyer may not practice law in Alabama, with one exception. Sometimes lawyers from other states are allowed to appear in a court case in another state by being admitted "pro hac vice". This means they are admitted solely for that matter and nothing else. An application must be made to the court for this and special conditions must be met before it will be allowed. When the case is over, his ability to practice in that state is over. Otherwise, the Tennessee lawyer would have to apply to be admitted to the bar of Alabama. Some states require the lawyer to sit for the bar exam, others will look at the lawyer's credentials and admit or not admit him or her the bar.

how do i file an answer to a lawsuit ?

Federal Rule of Civil Procedure § 23 is the general rule for class-action lawsuits, and § 19 (d) is the exception for Class Action lawsuits to required joinder of parties.

Google the court's website and go to it. Look for FORMS and click on it. You want Judicial Forms. Look for General Denial in the list. You may be able to fill this out interactively on your computer and print it. You may not be able to use the General Denial if the complaint is verified, meaning the Plaintiff signed under penalty of perjury (it will state that where his/her signature is located) or there will be a verification attachment which says the same. Look for Affirmative Defenses online- for example, statute of limitations, you'd say something like: "Defendant is informed and believes, and thereon alleges, that Plaintiff's action is barred by the provisions of CCP Section 337 (the statute of limitations for a contract based in writing, CCP is Code of Civil Procedure). I'm in California.

Once you have been served and notified that you are being sued, most states allow anywhere from 14 days to 20 days to respond with an answer to the allegations in which one is being sued for. You need to check with your state on the number of days allowed.

how might a motion to compel impact a pleading

If you have been served with a civil lawsuit, you will need to file a pleading called an Answer, where you answer each individual allegation, plead any affirmative defenses, and assert any counterclaims. A letter is not sufficient, and will not avoid a default judgment.

I believe it means 'Military' or 'Non Military'.

The general answer is yes, you can sue or file a lawsuit against any person for any reason. You will only win the lawsuit (generally speaking) if the jury believes you were injured in some way.

And it depends on what type of suit you file. I would assume you would want a small claims suit since it is inexpensive to file and you wouldn't use a lawyer. Agreed with the above. Anyone can file a lawsuit. In a small claims court the general rule is that you are made whole. You can't come out ahead. SO if you suffered a loss because of the rock, you can sue for your loss. If you broke a tooth or were somehow injured, you can claim your loss (including lost wages pain and suffering if you can prove it, etc). You can't claim emotional distress or anything like that and if your only loss is that you were unable to eat your meal, you will get the cost of your meal back in a small claims suit. If you requested a jury trial you will only anger the judge, unless you were injured because of this.

It depends upon the jurisdiction in which the case is pending, and the type of case involved. Frequently, in a civil suit that is pending in a court of general jurisdiction, there must be a period of inactivity for a year; however, the precise time is governed by the rules of procedure for that court. Additionally, the time may differ if the case is pending in a "specialty" court, such as Small Claims. Different rules of procedure often apply, including a shortened period of inactivity before the case is subject to dismissal for lack of prosecution.

If you stop paying your debt in the future before it is completely paid off including any interest or penalties that may have legitimately come due they can still file suit again.

A complete answer to this question would require volumes. In brief, very brief fashion, due process means that government action, meaning state, federal, and local governments and their agencies must not deprive any citizen of any fundamental rights without a fair hearing. It gives the federal government the power to make states give its citizens the rights guaranteed under the federal consitution. Sovereign Immunity, in very brief fashion, means that a state, as a state, cannot be sued without its permission. In reality sovereign immunity almost never has any application. States do not use sovereign immunity in personal injury cases. They allow such suits. Also, almost any suit you can think of can be brought against a department of the state, such as state highway commissions, cities, counties, etc. These are not covered by immunity. Brown v. Board of Education which integrated school systems is such a case.

You can file an objection with the Probate Court and explain your objection to the judge. Once the judge has reviewed the objection he will render a decision. You may be able to purchase the property.

the right to a jury trial in a case involving at least 20 dollars

Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.

You would need to file a motion to rescind (quash) the judgment writ on the grounds that it is invalid because...? You must have documentation to substantiate your claim. If the motion (suit) is granted the court can return the attached property to the debtor's possession with or w/o stipulations, freeze the assets to prevent either party from action, dismiss the case/judgment with or w/o precedence, and/or numerous other such rulings.

If you default on a car loan the creditor may obtain a court judgment that will enable it to garnish your wages. The rules are provided at the link below.

I'm not an attorney but don't sign anything until you know what it's about. If you can ...seek counsel, but definitely educate yourself and contact the clerk of the court for the court where these civil papers came from and ask about the complaint, allegations, pleadings, etc. and get all the court forms or the packet for that issue that are available from the clerk of the court. And find out what " motions " are and where and when to use them.

You do not have to sign them, however the person serving them on you will file an affidavit saying that he/she did serve you and that will be proof enough that you were served. Your signature is not required to prove to a court that you were served otherwise people would just refuse to sign. Some courts require that some type of description of the person being served be included in the affidavit, just in case that person lies about not being served.

30 days from the date the judgment is entered

The general time frame is ten (10-14 business days).

You could seek an employment law attorney to help you in your suit. They usually work on commission only. You can also contact the EEO in your state and they will give you instructions how to proceed in a suit against your employer.

Here, I assume that you mean a motion to dismiss for "failure to state a claim," which is made pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The standard for dismissal under 12(b)(6) is that the facts, taken as true, allege no plausible right to relief (no violation of the law). Here, it is important to note that the facts are taken to be true -- not the laws! You can't just recite the elements of a cause of action. Even so, you should note that this is a very liberal pleading standard. Taking the facts as true, the judge will not dismiss the case under 12(b)(6) as long as the facts spell out some actual violation of the law, and the right to relief rises above the "merely speculative" level. For cases that discuss the standard for a 12(b)(6) motion to dismiss, see Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal. These cases highlight that the standard for surviving a 12(b)(6) motion is much harder now than it was in the past, perhaps because of the great expense associated with discovery.


Second, cases may be dismissed on more "technical" grounds, like a lack of subject matter jurisdiction (it's not an appropriate case for federal court; there's no "federal question," or the parties are not from different states with more than 75K in dispute) or lack of personal jurisdiction (the defendant does not have enough contacts with that state for you to be able to sue them there).


This summer, I worked for a federal judge and we dismissed a case for lack of prosecution (the plaintiff showed a complete lack of interest in going forward with the case). There are all sorts of ways that cases may be dismissed, and, with that, there are all sorts of standards. Our judicial system is set up, however, so that it should be more difficult for a case to be dismissed at the pleadings stage, so that each case may be dispensed based on its merit!