Civil Process

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!

under Roberts rules of order a motion to adj is a request for a break the lenght of the break or recease is decieded by the presiding judge

Contact your state bar association. They typically can provide information on grievances filed against the attorney. They may not choose to share details on the specific cases. There are references such that provide credit ratings as well.

Started the Industrial Revolution in the United States! <3 12.16.08.

It is a request for the court to grant permission to change or alter the complaint.

every one that i try to get this matter solved has just brushed it under the rug..This is not acceptable because my livelyhood depends on how my case i filed with the ohio bar association.....

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Either it scared him "straight" or he feels more invulnerable than ever.

Hopefully it scared him straight. At some point, if he keeps it up, he will inevitably be caught. If he is 17 by then, things will be very bad, as it will be on his record for years.

I am currently being garnished for credit card debt in Missouri. 25% of my disposable pay is taken every two weeks plus all the fees my payroll office charges. What is laughable to me is disposable pay. If I had pay I wasn't using I would pay my debts, what's the deal. Anyhow, my advice is to take care of it now. Work out payments with the company, or their lawyers, any way possible. And don't let them tell you that you can't make small payments because you can, for at least six months, pay a smaller amount than they would like. Otherwise they will be taking way more than that through garnishment.

Hire a process server. Unless your defendant lives in a bunker. Constitution allows sending it through the mail. But Asahi has altered FRCP rules.

Libel

How can I place a lien on a non profit corporation who I have a contract with and who owes me money?

Yes. Talk to a local lawyer for details, since laws vary from state to state.

No. RBSL is not currently party to a lawsuit, nor has it been in the past.

Yes/no. Did you call the police when it happened? Do you have a police report? You will need these things to prove that is why you are moving. The fact that you feel unsafe is a good reason to break the lease, but if taken to court you will need to prove it.

When a suit is dismissed without prejudice you are free to try the case all over again just like it never happened (This is assuming that the whole case was dismissed, not just in part).

Yes, if he gets proof of receipt.

This varies state-to-state. The time in which you have to answer should be listed on the complaint. If not, simply telephone an attorney or a law library for the applicable time frame in which you have to answer. (In WA, you have 20 days).

Maybe, depending on the facts of the situation. The mere fact that a lawsuit was filed in a state other than the one you live in does not, in and of itself, relieve you of the obligation to defend against it. It all depends on how service of the Summons and Complaint was made upon you and whether that court has proper jurisdiction over you and the case. If a defendant has sufficient ties to the other state and if process is properly served, then you must answer the lawsuit or a default judgment will be entered against you. Once the default judgment is entered against you in the other state, the plaintiff will file the judgment in your state then seek to execute on it by garnishing wages or seizing your assets. The big problem you make for yourself in that situation is that once the judgment is filed in your state, the only defense you have against it is whether it was obtained properly. You do not get the chance to try the case in your state unless your state court finds that the judgment was obtained without due process. You may no longer plead that you are not responsible for the claim unless your state court rules the judgment of the other state is void and unenforceable. Thus if you choose to ignore an out-of-state claim, you do run the risk of losing the ability to defend against it, because your court in effect says you should have answered it in the other state when you had the chance.

The Seventh Amendment requires jury trials in civil lawsuits where ordinary damages are sought.

You must have documents stating that you own the property. and then you can feel out a repossession form or hire someone to repo the property. You can only do this if you have documents stating that the property is yours and that you are a lien holder. If you don't have this you will have to take it to small claims court and prove that the defendant owes you money on the said property. after that you will be able to get a lien put against the said property and be able to repo it.

Yes, it is possible to find out if a judge presiding over a civil case owns stock in one of the companies involved in the dispute. Many jurisdictions require judges to disclose their financial interests, including stock ownership, in annual financial disclosure statements. These disclosures are often publicly accessible through court websites or state ethics commissions. Additionally, parties in a case can raise potential conflicts of interest, prompting further investigation.

A divorce can be settled out of court, if both parties agree to the settlement. However a judge will still need to sign the divorce decree to make it legal.