answersLogoWhite

0

Civil Process

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

949 Questions

If you just received an alias summons from civil court regarding a repossessed car saying you owe 6800 why are they calling it an alias summons and how can you prevent garnishment?

An alias summons is a duplicate summons issued at another time, or served in another way after the original has expired, or hasn't been served, or had no effect, or produced no response for some reason. Technically, the court has probably sent a second summons, since the first one didn't produce the results they thought it would. To stop the garnishment--go to court, take an attorney with you that knows what you did or didn't do. Have all your paper work for the attorney. See if you can work out an agreement with the court and lender to pay an amount that is agreeable to you both at a payment that you can afford -- BUT ..... If you do not show up and you do nothing--you will pay the $6800 + more in interest and court costs thru the garnishee which can be an amount that is not affordable to you or your family depending on the state you are in. Call An Attorney!! Do something and DO IT NOW!! Good Luck

What is licensed by the bar association?

Bar Associations exist on the state level, and most serve the purpose of licensing attorneys at law. The licensing process involves testing for competence in general areas of law and in certain areas of law, and on laws that are specific to the state.

Bar associations are also concerned with ethical issues and most are empowered to regulate licensees from that standpoint as well.

There also exist "voluntary bar associations" which are organizations that attract lawyers that have something in common--for example, race or national origin. As the name suggests, membership is not required, but they do attempt to further the interests of the membership, who pay a fee to join.

Can a credit card company levy a bank accoun that is has Tenancy by the Entirety protection?

Not if only one of the account holders is the named debtor. However to protect such an account the non debtor account holder must notify the court, protection from levy of such an account is not "automatic".

How do you place a lien on property in Massachusetts when you live in Canada?

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

You need to bring suit in a Massachusetts civil court in the jurisdiction where the land is located. If you win you can request a judgment lien that must be recorded in the land records.

Can the doctors and hospital staff be charged with a criminal act if a person dies of neglect while a patient in the hospital?

Of course they can...Because, from the moment the patient was admitted into the hospital, the doctor and the hospital accepted the responsibility of taking care of him/her. so if anything happens afterwards within or outside the hospital premises, they should be held responsible..

So, yes they can be charged with a criminal act if the person dies

Can I file a lawsuit for undisclosed problems?

call the Bar Association in your city. They will give names of attorneys and their phone numbers that can answer your question.

Can a civil case be reopened if disposed?

Under certain circumstances a civil case can be reopened. A party may be relieved from a final judgment in cases of mistake, inadvertence, surprise or excusable neglect. If such relief is granted, that effectively reopens the case for further proceedings.

Also, a case may be reopened if there is newly discovered evidence which would probably have altered the judgment. It would most likely have to be proved that the new evidence could not have been discovered sooner using due diligence.

A case may be reopened if it is dismissed without prejudice for a procedural matter such as failing to provide discovery, failing to file appropriate pleadings or even failing to appear for trial, a motion to reopen or restore the case to the active calendar may be made. Most dismissals for failing to provide discovery are routinely reinstated on motion if the required discovery is provided.

If a case is disposed of by way of summary judgment or on motion to dismiss at the end of a party's case, a motion for reconsideration may be made by the losing party. On rare occasions the trial judge might be persuaded that an error was made and reverse the decision rather than be taken up on appeal and have the appellate court reverse and remand.

Every civil case may be reopened if the prevailing party committed a fraud upon the court or if the judgment is void. A judgment may be void if the court had no jurisdiction to hear the case or if a party was not properly served or for various other reasons.

In general, cases that have been disposed of may never simply be refiled. They are either appealed or reopened. One instance where a case may refiled is where the court that disposed of the case never had jurisdiction to hear it. If it had no jurisdiction to hear it in the first place, it has no jurisdiction to hear it after reopening it.

What does the term sold for costs mean at a sheriffs sale?

That means there will be other costs (legal and technical) and interest added to the original debt for which the property was siezed.

What factors does a defense use in civil case against the plaintiff?

Your question is too broad to be answered as written, as the nature of the defense depends upon the cause of action asserted by the Plaintiff.

Is there a law for slander and what does it mean?

Yes, The law is Defamation of Character. The Law takes place when a person says false statements about you and say it with the malice of it being wrong. If it gets severe I.e Losing Job because of slander you are able to sue the person but evidence must be really strong.

What does the offense code 750.520c1f mean?

It means Criminal Sexual Conduct 2nd Degree (Personal Injury). In other words, it's a rape charge.

Is a motion for summary judgment a responsive pleading?

No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically.

A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer. Rule 12 provides that if a Rule 12 motion to dismiss is denied, the responsive pleading reply period is modified to be 10 days after the Court's decision.

Does the defendant make allegations in the plaintiffs complaint?

No, the defendant does not make the allegations in the complaint. The plaintiff makes the allegations. The Defendant answers or responds to each of them by either admitting or denying them or by saying neither admitting nor denying but leaving plaintiff to its proofs.

What is a partial dismissal without prejudice.?

It is when a court throws out only part of a lawsuit, usually on technical grounds relating to the dismissed portion only. If a complaint has two counts and plaintiff does not provide court ordered discovery on one of the counts, the court can order that part of the complaint be dismissed without presudice. This means that that part of the complaint may be reinstated if and when the discovery is produced, as long as the statute of limitations has not expired in the meantime.

What is the definition of Liberal and Generous Access to a child?

"Liberal" and "generous" access to a child are terms commonly heard within physical custody agreements between parents. Liberal and generous access to a child implies frequent visits or opportunities for interaction, as opposed to limited physical custody or supervised visits.

What is the best way to deal with a complaint?

Ask them why they are complaining then if its a good reason figure out a way to solve it, if you cant stop it, then compromise with the complainer.

What does case dismissed full mean?

it means the case is over

Added: There are SEVERAL types of dismissal.

Dismissal WITH prejudice which means the charges cannot be brought again.

Dismissal WITHOUT prejudice which means that the charges CAN be brought again.

There is also dismissal for want of prosecution, which means that the government failed to proceed against you in a timely manner or with insufficient information.

There is one last possibility that some people often refer to as a "dismissal" but actually isn't, and that is a Nolle Prossequi issued by the prosecutor in which, after examining the facts of the case he was presented with, declines to prosecute.

It's important to know which specific type of dismissal you received.

What is a complaint regulatory offense from the Massachusetts registry of motor vehicles complaint Regulatory?

A "complaint regulatory" suspension can be anything that does not fall into another suspension category. When the Registry imposes a Complaint Regulatory suspension, the driver is scheduled for a hearing at the Registry of Motor Vehicles to discuss the situation with a RMV hearings officer. If the driver doesn't appear at the complaint regulatory hearing, his or her license will automatically be suspended indefinitely.

What happens when a Texas law firm informs you they are going to file suit for the credit card debt you owe and you cannot make the payments?

All creditors have the option of retaining legal representation to file suit against a debtor for monies owed. Litigation is the last option that a creditor/collector chooses to take as it can be time consuming and expensive with no firm guarantee that the debt will be collected even when a judgment is awarded. Unfortunately, the court does not recognize the inability to pay one's debts regardless of the reason(s) as a viable defense. The best option for the debtor is to do everything possible to reach a settlement with the creditor as that is the only option the debtor has of avoiding a suit if the creditor wishes to pursue legal action.

Judge set-aside default judgment against me'cuz of lack o' service and P failed to 'validate debt'. P is appealing via 'order to show cause' motion. Sez he has documents that do just that. outcome?

Well, I am in a similar situation and according to my research and legal advice even if P show's cause through is appeal, you will still be granted the judgment to set aside default to do the fact that you were not served, therefore unable to state your case.

Trending Questions
Can you find out if a Judge presiding over a civil case possibly owns stock in one of the companies involved in the dispute? I am a witness in a civil suit. The trial date was cancelled. How much notice must I be given to appear at the rescheduled trial date? What is stay conditional settlement? What is the penalty for writing a bad check to a charity? Can my ex-husband's attorney subpoena me through the regular mail? Will a small claims judgment prevent you from getting a job? How can a Senior citizen take his gift deed back? Can a credit card company put a lien on jointly owned property when only one person is the named debtor in Florida? Can a lis pendens prevent a buyer of a property to enter the premises? Should you try to sue a narcissist for slander? How did the Constitution read before the Seventh Amendment? How did the automobile affect the economy? What is a civil suit? What is a court order that can be used to compel a public official to carry out a law? What freedoms are guaranteed under the seventh amendment? Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery? Does a lawsuit have to be filed in the state of residence of the person being sued? In a small claims court if the defendant wins then can the defendant claim costs for their fees that they have paid out? When a motion is filed in court are both parties notified before the motion is carried out? What is the molecule that allows plants to capture energy from sunlight?