Civil Process

All complaints filed with in a state

Bar are reviewed by Bar counsel to determine

if the complaint has sufficient merit to

warrant a full investigation. In most cases, a

copy of your complaint is sent to the lawyer

for a response. Once the lawyer's response is

received, your complaint and his response will

be reviewed again by Bar counsel to determine

what further action, if any, should be taken.

You will be sent written notification of the

decision. If it is determined that there is insufficient

evidence to merit a formal investigation,

then you will be notified. However, if there is

sufficient information to establish that an ethics

violation possibly occurred, a formal investigation

will be opened. Some investigations

will be sent to local Bar grievance committees,

and others will be investigated by the Bar.

The processing of most formal investigations

at this stage can take anywhere from

six to eighteen months, depending on the

complexity of the situation. You will be notified

in writing about the outcome of your

complaint. You may be contacted during the

investigation. If a hearing is held before the

Disciplinary Board, you may be required to

attend and testify.

The wording of the question is too cryptic - however - it appears that the Plaintiffs claim was dismissed due to the plaintiff's lack of prosecution (e.g.: The plaintiff failed to appear in court to press their case -or- the plaintiff withdrew their case- etc).

In what state/locality was the quiet title filed?

In a lawsuit one has serve notice on the defendant. After receiving the notice the defendants fail in appearing in the court then ex-parte proceedings start.

No, they can leave it attached to the door of your home and it is still considered as you being served. This seems unfair as anything could happen to the summons on your door if you are not there, but still it is a way of them serving you.

The judgment holder can execute the judgment by wage garnishment, bank account levy or the seizure and sale of non-exempt personal property, or a lien against real property. Small claims judgments are generally restricted to monetary recovery only and do not allow placements of liens or forced sale of property.

Absolutely....the owner of the debt may hire anyone to collect it or sell it to anyone for any amount at any time. It is his asset. It does not change your obligations in any way.

The fact there is this whole huge collection business everyplace which do exactly that, (buy debt at a discount and make money by collecting it all)...should be a hint to you...and finally, why would you think what the person you owe does with his stuff and in no way changes what your agreement was, should change what you promised to do?

Usually this is possible. When a bank account held jointly is levied, the account is generally "frozen" by the court until the non debtor account holder(s) is given a chance to submit proof as to their share of the funds. The exception is, in a few states married couples can hold an account in Tenancy By The Entirety. Under such circumstances the account is only subject to levy if both spouses are named debtors.

You should check in to alternate service methods. Many courts will allow service by posting or publication. Your court clerk or private attorney can advise you best.

More information is needed on which to base a reply. HOWEVER - (for example) If more than one case was filed against you at the same time, they are known as 'companion cases.' The reference has to do with some charge that is apparently the same in both offenses. The judge is ruling that one of the charges be dismissed, and you will be tried on only one count.

The "VICTIM" - the "COMPLAINANT" - the "COMPLAINING WITNESS" - the "DECEASED" - ETC.

"...nor be deprived of life, liberty, or property, without due process of law..." per the 5th Amendment of the Constitution.

If someone has taken you to court and won a money judement in their favor the court will issue a judgment lien that can be recorded in the land records against your real property. You cannot sell or refinance your property until the lien is paid. The lien affects any property you may own. If you have no real property the sheriff can sieze any personal property you own in order to satisfy the lien.

A judgment as a matter of law under Rule 50 occurs during the trial. a summary judgment motion, by contract, muts be made before the trial commences, and is governed by Rule 56.

a fast car that you race with

A constable cannot serve a certified letter. Certified letters are from the US Postal Service, while a constable is a court employee used to help execute on judgments. Some courts may permit a constable to use certified mailing as opposed to personal servicet, to give debtors notice of wage garnishment. If the certified mailing is accepted or even refused by the debtor, service will be deemed complete. Service by certified mail is usually accompanied by a mailing of ordinary mail simultaneously. If the certified mail comes back because it simply was not picked, the ordinary mailing proves that the debtor lives there if the ordinary mailing does not come back as Addressee Unknown. These methods of service may not be utilized in all courts, so the debtor has to look into the court rules where the judgment came from.

You will need to file a Motion for Presentation (or similar form, as it might not be called that in your jurisdiction) and get a hearing date. At the presentation hearing, present to the judge a judgment awarding you all the relief you requested in your complaint and ask the judge to sign it. This must be done according to all applicable local and state court rules. To make sure the judgment is filled out correctly, you might want to have an attorney review it before filing at the courthouse. An attorney can also help you understand any local court rules.

Courts generally prefer to decide cases on the merits (facts), rather than by default. However, when an answer to a complaint has not been timely filed, and damages are proven to the satisfaction of the court (either by affidavit or by testimony), a default judgment may be entered.

Most jurisdictions require that in order to set aside a default judgment, the following be shown. This assumes a failure to answer a complaint-rather than a default judgment resulting from pleadings having been stricken as a sanction for noncompliance with a court order:

--a reasonable excuse for not answering the complaint. Within the scope of this would be the failure to be properly served with process (personal, substitute, or lawful constructive service per applicable statute). If proven, bad service of process effectively voids the judgment, as it can be argued that the court never got personal jurisdiction over the defendant(s). There are other valid excuses for not timely answering; the court has much discretion in that regard.

--an arguable, substantive defense to the Plaintiff's claim. It is not enough to say "I did not do it". The motion has to allege facts that tend to show the existence of facts supporting the defense. Otherwise, it would be a waste of time and resources to vacate the default and have a hearing or trial.

The motion should be made as soon as possible after discovering the existence of the default judgment. While a prompt motion will not in and of itself guaranty success, waiting a long time to file it will tend to prejudice success.

The motion gets filed with the Clerk of the Court where the judgment was entered, and a copy mailed to the the Plaintiff or his/her/its attorney of record. The judge's office should also be contacted for instructions as to how to schedule a hearing on the motion.

All of that said, the Plaintiff could argue that there was proper service and that there was no reasonable excuse for failing to timely respond. The Plaintiff would further argue that the Defendant has no meritorious defense to the underlying claim and therefore, a trial on the merits would not change the ultimate outcome. The Plaintiff could also argue that the Defendant waited too long to move to have the default judgment vacated. While there is nothing akin to a statute of limitations for such a motion, the Plaintiff may take the position that the Defendant just waited too long.

Finally, depending upon the complexity if the underlying matter, retaining a lawyer may be advisable.

The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.

No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.

In most jurisdictions there are provisions for service in a gated community. A person should not be able to avoid service because of their ability to live in a gated community or a high security building with a doorman. Codes of Civil Procedure require that registered process servers be given access to gated communities. Your attorney or someone in your local sheriff's office should be able to tell you how the law works in your jurisdiction.

In most jurisdictions there are provisions for service in a gated community. A person should not be able to avoid service because of their ability to live in a gated community or a high security building with a doorman. Codes of Civil Procedure require that registered process servers be given access to gated communities. Your attorney or someone in your local sheriff's office should be able to tell you how the law works in your jurisdiction.

In most jurisdictions there are provisions for service in a gated community. A person should not be able to avoid service because of their ability to live in a gated community or a high security building with a doorman. Codes of Civil Procedure require that registered process servers be given access to gated communities. Your attorney or someone in your local sheriff's office should be able to tell you how the law works in your jurisdiction.

In most jurisdictions there are provisions for service in a gated community. A person should not be able to avoid service because of their ability to live in a gated community or a high security building with a doorman. Codes of Civil Procedure require that registered process servers be given access to gated communities. Your attorney or someone in your local sheriff's office should be able to tell you how the law works in your jurisdiction.

That would be determined by the laws of the state in which the transaction took place. The law would not be affected due to the check being submitted to a charitable institution. The major factors in determining liablility would be the amount of the check and if the person writing the check is willing to make good that amount and any penalties that might have been incurred due to his or her actions.

Exact time varies from state to state but in all cases, such timelines move quickly. Contact the court where your case is being heard or an attorney for more specific information.