Civil Process

You cannot "reverse" a case before it goes to court, because there is nothing yet to reverse. You probably mean can you get a case dismissed before it goes to court. The answer is Yes and that depends on the facts of the case and the law involved. It can be dismissed on substantive or procedural grounds. Dismissal on substantive grounds is usually done by summary judgment. This can occur if a court finds that under the law involved, even if the plaintiff proves his case, he still is not entitled to a judgment against the defendant. Dismissal on procedural grounds can occur when one or another party fails to do something the court rules require that party do, like providing discovery on time. A dismissal on substantive reasons acts like a final adjudication. The action may be appealed but not reinstated. An action dismissed on procedural grounds can be reinstated if the failure is corrected unless a statute of limitations prevents it.

Memorandum of judgment is a brief summary or outline of a judgment which specifies the name of the court that entered the judgment, date, amount, name of the party in whose favor and name of the party against whom entered.

A judgment does not go away when a creditor or a debtor dies. In the event it is a person who has obtained the judgment, his or her estate or assigns would be able to continue to collect against any monies owed. Judgments do expire, but times for this vary from state to state.

Of course it can.

they got bumed by Dath Vader

Unfortunately for a creditor, a life use of real property is not an attachable interest as would be a fee interest in the same property. When the debtor dies the life interest is extinguished.

The creditor should try to find out if the debtor has other personal property that could be seized to satisfy the judgment. You should inquire at the court that issued the lien about scheduling a hearing to establish what assets the debtor might own. Perhaps their car could be taken by the sheriff and sold.

how much time does a person have to file paperwork for a civil action after the for writ praecpie of summons is issued?

Yes, a reference asking "Judicial Notice, may be made at any time during a trial - and done without a formal motion.

To make it easy for ACME to solve the problem.

No, not until the judge renders a decision on the pending motions already before him/her. Of course you could withdraw your motion to dismiss and answer the other sides action. . . that's entirely up to you.

The current wife does have remedies at law. She should seek the advice of an attorney to discuss the options.

The concern would be whether the defendant wishes to try to resolve the dispute, or is fishing for information. If your jurisdiction has a pre-trial procedure for small claims cases, it would probably be best to wait for that. At those hearing, called "pre-trials", the court makes an attempt to get the parties together to resolve the case without trial.

The court often uses a volunteer mediator to facilitate a settlement. The mediator has been trained in techniques to foster compromise, and makes suggestions which the parties may or may not follow. If settled, the case is over and the parties no longer must deal with the uncertainly of going to trial.

Keep in mind that if the defendant is fishing for information, and you respond, the information that you provide could be used against you at trial. If you believe that the communication is innocuous, you are free to answer. In all events, you should probably respond if only to state that you rec'd the email and will address the issues substantively when you go to court. In that way, it cannot be said that you ignored it.

That depends on what you mean by "served to appear in court". If you received a summons and complaint on an unpaid bill, you are required to file a written answer to the complaint and file it within a certain time period. You will not be summoned to appear in court in the same way that you would have to appear on a traffic ticket that requires a court appearance. Of course, on the unpaid bill, if you do not show up on any scheduled trial date, a judgment will probably be entered against you for at least the amount of the bill. You will not be arrested for not showing up for a civil matter.

Wage garnishment is legal in W.V., the maximum amount for creditor debt garnisment is 20% of disposable income with the first $154.50 of weekly income being exempt. Example: Weekly salary after all deductions...$400 minus $154.50 equals $345.50 x.20 equals $69.10 is the maximum garnishment amount. If the person is paid monthly, the amount of garnisment will be somewhat different. The percentage can be appealed if the person is the main source of family income (head of household0. (W.V. Code 38-5A-1 to 38-5B-1-16).

A Civil Contempt Order is an Order of the Court finding that you have not complied with some act that the Court required of you. As a result of the non-compliance, the Court holds you in Civil Contempt and punishes you -- usually monetarily or by jail time, but suspends the punishment for a period of time, giving you the opportunity to "purge" yourself of the contempt by doing what the Court requires of you, for instance, by appearing for deposition. If you do what the court requires of you within the time allotted by the Court, you have "purged" yourself of contempt.

Yes. Perjury occurs anytime you're under oath and lie.

No you have to sue, but you will almost certainly win if the contract is legal. You might even find a lawyer to work off percentage if you plan to sell the car.

No one is a "grantor" in a lis pendens. A lis pendens is merely a notice put on public record that there is a lawsuit pending that affects the title to a certain piece of property. A deed has a "grantor" because a deed is a document by which an owner of property (the Grantor) grants, i. e. transfers or conveys, title to the property to another person (the Grantee). A lis pendens has no grantor because a lis pendens does not grant, transfer or convey title from one person to another.

'Ask not what your country can do for you but what can you do for your country' JFK.

Good question, do you where the car is? If so, you can go get it yourself. Have you contacted the person and told them to bring it back? If you have, they wont, you can report it stolen in most states. If that doesnt apply, email me.

I got a letter which says: imposition of sanctions and striking answer on Jun 22 Non-compliance with any other hereing shall expose the non-compliant party and/ or counsel to any and all sanctions authorized by law. What all this mean? am I going to go to jail? Thanks. LS

You must file a claim in small claims court. You should bring any proof with you such as a repair order signed by the car owner or a dated receipt for the repairs. You need anything that proves the owner agreed to the repairs, the date he left the car, and your attempts to contact him were unanswered. The court would have the authority to issue a lien or an order that would allow the sheriff to sieze and sell the car. It depends on the laws of your state.

I would like to know the answer to this question. After having gone through a year of horrible divorce proceedings, my case was finally closed in Dec. 2008 with the final divorce decree. I was not aware that my file is available to the general public to view in the state of nh. In NH one can just walk into family court ask for the file if they have the case number and even if they dont they could just ask the clerk and they could obtain it for view. No questions asked of them as to why they wish to review it and also they dont have to log in with their name, address, phone number etc. I went in after my divorce to look up something in my file (with no questions asked) and found out that not only can one see my name, date of birth, address and phone number but also within my file is my social security number! I took exception to this and spoke to the clerk and she stated I must file a motion to have info omitted. But the kicker was that it was not a guarantee that the judge would approve it and I must now pay a $100 filing fee to reopen the file/case to have it presented to the judge. I stated that I did not want to pay the fee that if I had known about this prior to the file being closed and given the opportunity to review it for info that I wished to have omitted I would have done so and therefore would not have had to pay the fee. The clerk said I could fill out a motion to have the fee waived but would have to fill out a financial affidavit. I said it would just show I had the means to pay and its the principal of the issue. So she said the file would not be presented without the filing fee. A catch 22. So I at present wrote to the head of the clerks at family court stating that I feel its a breach of my privacy and security especially with identity theft on the rise. If my identity is stolen or breached I would turn to the court and demand that they tell me who has viewed my file etc for I know that all this info is available to the public and to any predator.

Can one sue the court on an issue and represent themselves?

Diane King

I recommend checking with your Union rep first, but yes you could. You probably won't get anywhere unless you have lots of documentation.

== The situation sounds like this character is sabotaging your efforts. Efforts to get this taken care of in the courts may take up several years and hours of your time, not to mention worry and stress. Another possibility, but less satisfying on some levels, is to walk away. Leaving on your own terms and in your own time is wonderful. You can show class. Obtain a job in another district where the culture does not allow this sort of behavior. If you find that the district supervisor is affecting your success in being hired elsewhere, then you will have to take steps. However, most of these people are satisfied with just running you out.