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Civil Process

The rules of conduct for lawsuits and how cases progress through the legal system.

949 Questions

If one spouse has a judgment against them in a different state can the creditor pursue or force the sale of a new york state property that is held by the entireties?

No. A creditor cannot force the sale of property owned as tenants by the entirety. It could record a lien but then would need to wait. If the non-debtor spouse died they could take the property. If the debtor spouse died they would be out of luck.

What is a voluntary non-suit without prejudice?

This is probably a voluntary dismissal of the case without prejudice. It means that at this point the case is being dismissed or not prosecuted. Without prejudice, however, this means the case could be refiled at any time or amended.

What is a allegation call for a legal conclusion?

Question is poorly worded and unclear. An allegation is an unproven assertion, declaration or statement. No legal conclusion is called for until it can be proven, or disproven, one way or the other.

How can you see what is in a petition filed with the clerk of court?

Go to the Clerk's office, give the Clerk information to identify the file and ask to see or get a copy of the petition. Papers filed in a court clerk's office are open to the public even if you are not a party to the case. That's how the media gets all the juicy details in celebrity divorce cases.

Can a file a lawsuit for a burglary?

The broad answer to your question is "yes", although the cause of action would not be for "burglary" as such. Instead, the elements of the criminal offense of "burglary" would be similar to a civil claim for "theft", "conversion", "trespass to chattel" or such other civil cause of action as your jurisdiction may allow.

The distinction is that "burglary" is a crime and as such, is considered to be a wrong against society and a violation of penal law. It is prosecuted by a government entity and carries with it a criminal penalty of some sort, such as a fine or imprisonment.

In contrast, your goal is probably compensation for property or money that was taken from you, damaged, or detained. That is the essence of a civil suit in which you seek money damages. You, as the aggrieved party, would file a civil suit against the wrongdoer. It is your burden to prove liability (fault) and damages (that which you lost as a result of the wrongful act).

How do court judgments work in Missouri?

In the state the judgment creditor can execute the judgment as a wage garnishment or, bank account levy, or seizure and sale of unexempt property belonging to the debtor or a lien against real property belonging to the debtor. Missouri is a Tenancy By The Entirety state when it relates to married couples, this means that if only one spouse is the judgment debtor, property that is considered joint or titled jointly cannot be attached by the judgment creditor.

You have been served with a lawsuit from a bank Do you need to file an Answer to Complaint form?

Yes--unless the matter is a small claim (and even then some states require answers). See link to answer form.

What does it mean when it says separate defendant?

Can mean several things. If the questioner has spelled sepArate correctly - it sounds like they might be instructions to keep multiple defendants in the same crime separated from one another. If the word is actually spelled sepErate it might mean - if two defendants are charged with the same crime it could mean that the two must be tried individually and not together.

What does dismissal with prejudice mean?

In general, it means that the lawsuit may not be refiled, and as such, it operates as an adjudication on the merits. The dismissal may be voluntary (that is, the plaintiff dismisses with prejudice when a settlement has been consummated), or it may be involuntary (often as an extreme sanction imposed by the court for disobedience to court orders).

The concept also exists in other judicial forums, such as Bankruptcy Court, and has a similar import.

What is a complaintent?

If you are a Beneficiary of of life insurance and you report the death of love one and forms were send to you to file. Once you completed the forms witch aviva requested and the waiting for the aviva responds back . I have to call aviva and was told its in claims waited two more week finding out it was in claims but send back because needed form filled out. Ending up on my part I had to refile again. Giving double forms again and beening the one who had to do the follow up with aviva . My mother pass away Nov 30,2012 and your company will not pay out her life inrance of 10,000 to each of her beneficiary. Thank god my mother had already paid for her services. We only had to pay very little because of cost increase. This company has no hart for the lost of love ones. This means that other will have to wait on putting their love one to rest because your company does not care

How do you respond to a civil suit filed by fia card service for a line of credit?

THE FOLLOWING IS NOT LEGAL ADVICE, AS I AM NOT A LAWYER. THIS IS FOR INFORMATIONAL PURPOSES ONLY!!


1. I would search for "credit card lawsuit defense" and read that info. I found a law firm site that showed how they defend these suits that was very helpful.

This site was really helpful, and will explain why I filed the answer below. Read part 56 of the linked page for more on this.

I

2. I would get help from the legal aid office in your county.

3. Here is what I filed when they sued me here in FL:

IN THE CIRCUIT COURT FOR THE 7TH

JUDICIAL CIRCUIT IN AND FOR

ST JOHNS COUNTY, FLORIDA

CASE NUMBER

CV09-xxxxx

FIA CARD SERVICE, N.A.

Plaintiff

vs.


xxxxxxxx

Defendant

/

ANSWER

1. Count 1: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.

2. Count 1: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.

3. Count 1: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.

4. Count 2: Defendant denies this is his account and hereby demands Plaintiff produce an original signed contract bearing Defendants name.

5. Count 2: Defendant has no knowledge of Plaintiff and hereby demands written proof that Plaintiff is the holder in due course of this alleged debt.

6. Count 2: Defendant has received no statement of account and hereby demands Plaintiff produce any and all such statements for Defendant's review.

Dated: ______________

_____________________________

City, FL xxxx

Back to my discussion:

From what I understand AS A LAYMAN, if fia cannot prove the three foregoing items in my answer, and provide the original proof of these docs to me, I could file a motion to dismiss the case.

I have learned that MOST OF THE TIME, the banks like fia will NOT have these docs, and will lose a case as a result!

However, I am getting ready to file a federal counterclaim v. fia and their lawyers for FDCPA (Fair Debt Collection Practices Act) violations. I will ask the Court to remove the entire case to Federal Court.

What is the meaning of 'Now comes plaintiff through counsel and states the following costs in this action' on a civil summons?

Someone is taking legal action against you and if you lose then you will be responsible for the costs as explained in the letter, you need to seek legal counsel to get help in this matter. It's "legalspeak" and it simply means that the attorney for the creditor/person that is bringing the suit (plaintiff) is informing the court and the defendant (debtor) the amount of debt he or she is being sued for plus legal costs and filing/court fees.

Can I file a lawsuit against a doctor for not checking out a tremor disorder?

To sue a doctor you have to be genuinely been hurt.

For a successful lawsuit you would need to prove that:

1) The doctor offered you help with your tremor disorder

2) The standard of care offered was to check out your tremor disorder

3) That the doctor was negligent in his 'checking' of the tremor disorder

4) That you have suffered as a result of him not checking the tremor disorder properly

If you went to your doctor and said that you have a tremor disorder and that you would like for it to be checked out, and your doctor agreed to check it, checked it, said it was ok and then you had further complications, then as long as the doctor did not do anything obviously wrong, then the lawsuit will not be successful.

I would recommend you stop thinking about a lawsuit and go and have a frank discussion with your doctor. What are the reasons for this lawsuit?

How do you respond to a IRS Summons if no records are avaialable?

Not having kept records is a separate offense on top of whatever tax payment problems may be suspected. Contact a tax attorney or criminal attorney who specializes in white-collar crime immediately.

Make sure you are the one actually being summonsed. A lot of times the IRS will summons your bank to provide bank statements, etc. and will send you a copy of the summons. I've had a lot of clients mistake this for being served a summons themselves.

Can a Lis Penden be filed due to criminal activity?

If the criminal law relates to activities tied to real estate that could result in a money judgment or involuntary sale of the real estate (let's say a crack house), I suppose it is possible depending on the laws of the jurisdiction. Many of these kinds of laws were in fact put in place to give law enforcement recourse against real estate used for purposes of criminal activity.

When filing a motion to dismiss can you assert an affirmative defense?

The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.

How would you file a civil suit against a native American tribe?

The suit would need to be filed in the federal court that has jurisdiction in the area where the reservation is located. If the suit is against individuals who are of Native American heiritage and do not reside on a reservation the suit would be filed in the appropriate state court in the county where the defendant(s) live.

What if you have a lawsuit pending from a car accident and my lawyer never calls me with updates and the insurance company has not made an offer so what do I do?

Constantly call your lawyer and tell them you want to know what is going on. If they don't seem to fill you in much, I would advise you to go look for another lawyer! Your lawyer, if they're good, should be returning all your phone calls and answering all your questions. Remember, they work for you (you are their boss).

When do civil judgments expire?

Judgments are expunged from credit reports after seven years. However, the judgment itself is generally valid until it is paid in full or satisfied in accordance with the judgment holder's agreement.

Judgments both domestic and foreign (meaning outside the state of residency not the U.S.) are valid from 5 to 20 years and the majority are renewable. This allows the judgment to be interminable and to be executed at any given time without notification to the person to whom the judgment is against. A judgment that has been perfected as a lien against real property may permanent until paid and may not have to renewed, however in other states it may have a definite term and may only be renewed a limited number of times.

As an example, in the State of Florida a judgment lien on real property is good for 10 years and may be renewed for another 10 years. If the underlying judgment is about to expire, the judgment creditor in Florida can sue again to get a new judgment, but that judgment's real property lien(s) does not result in "tacking" to the real property lien(s) under the original judgment, and the loss of lien priority may mean that the judgment creditor doesn't get any proceeds from the property. In addition, the new judgment cannot be used to create a Florida lien on personal property (which are limited to 5 years and 5 years and cannot be renewed any further under any circumstances).

State judgment and lien laws are subject to many, many quirks and even experienced attorneys and courts themselves are often confused by them.

What documentation do you need to place a lien on real property?

==Anwer== In order to place a lien on someone's property you must bring an action in the appropriate civil court in your area. If you are successful the court will issue an execution that will be recorded in the land records and a copy will be served on the debtor by the sheriff. The debtor will not be able to sell or refinance their property until the lien is paid.

Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?

Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.