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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
Legal name for 99 cents only stores?
Unable to answer, there are several companies that deal in merchandise in this price range, and they all have different corporate names.
What if a person is not in compliance with the will?
Assuming that you are asking this question from the point of view of the estate's Executor - if you have an attorney assisting you in the probate process, bring it to their attention immediately. If not, bring this fact to the attention of the Probate Court for its action.
Can you amend a complaint after a 12b motion to dismiss?
So long as a court has not ruled on a pending Motion to Dismiss, you may amend your complaint.
How are slander and libel the sameHow are they different?
Slander and libel are derogatory or harmful remarks. Slander is spoken, and libel is written.
How do you sign under protest and duress?
When an officer tries to write you a ticket you should immediately identify it as a bill of exchange and state you are willing to accept his presentment and demand the original bill.
Another View: When you feel that you are being pressured to sign a legal document you may add a notation to the signature block indicating - 'signed under duress' - which will lead any subsequent reader of the document to question the circumstances of your signature. If this would be a judicial authority, then after hearing your explanation, THEY will rule on whether "duress" was present or not.
Added: The concept of signing under protest and duress rarely means what people want it to mean. Unless you are physically being forced to sign something, you should not sign something you don't agree to. Absent the threat of physical force, courts are generally unwilling to accept that a signature was coerced. In the case of a traffic ticket, a signature merely notes receipt of the citation, not fault. Unless you contest that the officer is presenting you with a copy of the citation, there is no reason to refuse to sign, but refusal to sign may land you in jail. Further, the courts are not blind to parties' attempts to avoid liability, and often react harshly to uninformed attempts to avoid the law such as those noted in the first paragraph.
A bankruptcy remains on your credit record for ten years. It remains a public record in the courts forever. You can file a motion in bankruptcy court to have it expunged from the court records. If the motion is allowed, it will appear as though it had never been filed in the court because it will no longer appear in the public records.
What is the required format for lawsuit summons?
The plaintiff files a petition for the civil suit, the court clerk notarizes and files the petition, the civil summons is served on the defendant by an officer of the court, a private process server or in some instances by certified mail. In cases such as creditor suits, the defendant does not have to physically receive the summons, all that is necessary is for the plaintiff to make a reasonable attempt of service.
This is called, "Defamation of Character" and you have every right to clear you name. However, YOU must prove these pictures are false and that shouldn't be hard to do because there are experts that can validate if these pictures have been "doctored" in any way. If you can and want to pursue this then you can sue this person. If it can be proven these pictures are false then this is a crime and that person could do jail time. I am rather surprised that the court would waste tax payers money to go over the same old case if you won the first time. Time you either got a lawyer or got a new one and put this case to rest! Good luck Marcy
If there is a default judgment against you, you will be responsible for the charges. Your wages could be garnished if you do not pay or set up a payment arrangement.
Which state has the most civil lawsuits filed?
The best source of data I could find comes from 2012 @ Court Statistics Project website.
The data suggests the District of Columbia as having the most lawsuits per capita. If you are looking for an actual state then it would either be Idaho or New Jersey. The difference based on the structure of their legal systems make it not a one for one comparison.
What is the Difference between lis pendes and lis pendes court?
A lis pendens is the power or control acquired by a court over a property while a court action is pending. A notice is recorded in the land records to warn all persons (potential buyers, mortgagees or other creditors) of the pendency of the suit and that the property is subject to the outcome. The "lis pendens court" would be the court where the action was filed.
Is the due process and eminent domain are found in the 7th Amendment of the Constitution?
no, its found in the 5th and 14th
Is there a fill-in form for a Motion to Compel document?
The safest method is to contact the clerk of the court in which the case is docketed. Using generic forms is never a good idea as states are not uniform in their requirements of such documents. For example in some states you would need to file Motion To Compel Production of Documents and Sanctions, and/or Motion To Compel Answers To Interrogatories and Sanctions and so forth. The filer must know exactly what is accepted by the court. If the document is not worded and filed correctly it can result in wasted time, expense and perhaps the dismissal or loss of the case.
What is the lows about dating someone under 18 for example 16 years old in the Netherlands?
it depends if you are guy or girl. guys mature slower then girls. so dating a guy younger than you is dumb, dating a girl that is younger than you is better.
In a civil trial the jury determines whether the defendant is what?
innocent or guilty. innocent there are no re-percussions. guilty you will have to pay the debt for what you are being sued for. you may also be ordered to pay court costs and attorney fees.
How successful are class action lawsuits?
It depends on the case (and the lawyers... and the court...). Some are very successful. Brown v. Board of Education comes to mind. Enron ($7.2 billion) was very successful at recovering at least some of the investors' losses. Other class action lawsuits are utter failures, resulting in dismissal or worthless coupon settlements, like the recent GM settlement. Good, experienced class action lawyers improve your odds significantly. Its a complex area of the law. Hope this helps.
How does the seventh amendment effect us today?
twenty dollars used to be way more money than it is now so in the 21st century smaller claims than $1500.00 can be sent to trial but will no longer have a jury.
Where can you find records of a lawsuit filed against an organization?
search court dockets in the county and state in which the suit was filed, circuit or district court
Yes, the issue of the person being unable to work is not relevant. All U.S. States have a set of exemptions that the debtor can use to protect a specified amount of personal and real property from creditor attachment, and in some instances,federal non bankruptcy exemptions can sometimes be used
In the state of Texas what happens after a default judgment?
A default judgment is nothing more than a judgment obtained because defendant did not show up for court. In Texas, when a default judgment is entered, the petitioner gets all that they have asked for.
Get a new attorney and have the new attorney ask for time to get into the case.
If a person offered to accept payment for not bringing a suit, that might be considered extortion. If, however, the case was already in court, in litigation, and they offered to settle, it would be legal
AnswerYes. Cases are settled every day throughout the world before suit by payment in lieu of a suit. No. That's not considered extortion.
You should first try to contact the plaintiff. Contact the court to get the plaintiffs' current information, including if they have assigned the judgment to a 3rd party. If you cannot contact the plaintiffs using the latest info on file at the court, you will need to file a motion to vacate the judgment. See an attorney for the motion to vacate--look in the phonebook for one who gives "free consultations."
Should you close on a new house that has a les penden?
Of course not.
A lis pendens is a notice to you that there is a lawsuit pending that may affect the title to the real estate. It's a legal notice that there may be a BIG problem on the horizon.
Your lawyer should have stopped the closing immediately until the matter is resolved.
