Civil Process

A motion to vacate a judgment asks the court to essentially set aside the judgment. It is different from an appeal, in that an appeal asserts that the trial court either applied the wrong law or applied the correct law incorrectly.

A motion to vacate a judgment can be based upon a number of grounds. However, it is never based upon mere unhappiness with the outcome of the case. One of the primary bases for such a motion is that service of process was not lawfully achieved, and therefore, the court rendering the judgment never had personal jurisdiction over the defendant to render the judgment (but there are others). A court must have both personal and subject matter jurisdiction to render a judgment. Personal jurisdiction is achieved by lawful service of the summons and complaint, and subject matter jurisdiction contemplates that the lawsuit was filed in the proper court.

A motion to vacate is a written request to the court to set aside the judgment for a valid reason. The original of the judgment gets filed with the Clerk of the court that rendered the judgment, and a copy gets mailed or delivered to either the Plaintiff (if not represented) or his/her attorney. The motion must set forth that a copy was provided to the other party/attorney. Typically, the movant then contacts the court for a hearing date on which the merits of the motion are argued, and either the court of the movant ensures that all parties get written notice of the date and time of the hearing.

The movant has the burden of proving the correctness of facts set forth in the motion and his/her entitlement to have the judgment vacated. There is usually a presumption of correctness of the judgment (that is, that it was entered properly), so proof is more than "he said/she said". Further, the party seeking to have the judgment vacated must proceed diligently/quickly. At least if the motion is based upon reasons other than lack of personal jurisdiction (which renders the judgment void), the longer that one waits to request the relief, the less likely he/she is to get it.

If a tenant does not pay after a small claims judgment, then a garnishment can be placed on their checks. You will need to speak to an attorney for more details and laws your state.

Yes -- except civil suits usually are not penalties but rather compensation owed to the plaintiff. Either the judge or jury will return a verdict which the judge then signs and turns into a judgment. The judgment is then used to levy on property of the defendant to satisfy the judgment.

Civil juries can return punitive damage awards in some cases and those awards are in the nature of penalties rather than compensatory awards.

Due process.

Personal Producing General Agent contract

No. That would be a civil matter that would be heard in a civil lawsuit.

No. That would be a civil matter that would be heard in a civil lawsuit.

No. That would be a civil matter that would be heard in a civil lawsuit.

No. That would be a civil matter that would be heard in a civil lawsuit.

Slander and libel are both types of defamation. Slander is spoken defamation and libel is written defamation. Defamation is an unprivileged, false statement of fact that causes material or reputational harm to a person or business.

Yes. The filing is done with the clerk of the court of appeals in the circuit/jurisidiction that is applicable.

There is no "set" time when a summons and complaint will be served. The sheriff or marshall will delivery the summons and complaint at any time they are on shift. It is not uncommon for a summons and complaint to be delivered early in the morning or late in the evening.

Without the Seventh Amendment guarantees a trial by jury in most civil cases. This amendment also prevents a judge from overturning a jury's finding of fact. The judge is only permitted to determine issues of law.

Yes. It is legal for a pro se defendant to contact the plaintiff's lawyer. If you have Shepherdized the law and have relevant case law in answer to his brief, you probably should inform him of that material.

I don't have a scientific basis in quantitative terms. all I can say is what Ive heard from doctors. it changes the environment in wich bacteria lives or fungus.. and for this reason it kills the underlaying cause of the skin disorders, also, it has some sort of antioxidating capability that restores the skin to a normal condition, it seems to work on most of the people who comment or give feedsback.havent heard of any cons execpt for the smell and probably you should be careful with your eyes.

for what Ive heard and experienced as well.. its not a cure but is longlasting... even up to a month. in my case. so is for many people who gives feedback on many sites related with skin disorders. people can try but of course I would ask a SENSIBLE physician who wont just try to sell cortizoids or oinments that aver very dangerous to skin and over all health.

poor building maintenance

Some counties and states allow online filing of lawsuits. However, most require that the lawsuit be filed in person. Contact your local court to see if they offer online filing.

Yes you can use vinegar but because it has an acid content it will eat away at silver wear slowly but surely. From my source research i would recomend a tub lined with aliminium foil and filled with warm water with bicarb soda disolved in it. Emerce the silver wear in the water for a few minutes and it will come out cleaner then clean.

I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?

The following was added on 8/28.2011: MERS can be served at their corporate office located at 1818 Library Street, Suite 300 Reston, VA 20190. Their registered agent is Sharon McGann-Horstkamp, MERS Vice President and General Counsel, and her office is at the same address.

State Court Services, a private process service firm, will serve legal documents on MERS for $35. Their web site is www.statecourtservices.com and their toll free number is 1(888) 907-3783

The person(s) (plaintiff) can contact the office of the clerk of the court in which they wish to file the suit or visit the Hawaii Courts site (link provided) for information. The usual venue is Small Claims for matters other than serious injury to persons or property which would exceed $10,000 in damages.

The difference between slander and libel is that slander is the spoken word, whereas libel is a written word i.e. newspaper, anything in the public domain.

libel can be a criminal offense as well as civil rights to civil liability while slander is a mere civil offense.

libel is permanent in form while slander is temporary in form.

in slander damages must be proved

A personal injury calculator could be as simple as a net proceeds calculator. You enter the amount of the gross settlement, the percentage being charged by the attorney in fees, and the amounts of the costs and unpaid medical bills or other lienholders, and the sheet would do the rest.

Slander is known as Deformation of Character.

It is when one person or party makes someone look bad to another.

One can see in nature how the majority of species are Not monogamous. One can clearly see in humans how many partners each have during their lifes. We can call it serial monogamy and in fact many of those are interlapping; making most people not only bigamous but polygamous. The question is really why is it illegal when most societies allow and participate in multiple partners (serial, interlapping and continuous). In order to find the answer one must go back to the origin of marriage and private property as well as the involvement of organized religion. Note that marriage in most places is a contract between three parties. My question to you is why pretend and falsify human nature; then deal with the consequences of such a high incidence of infidelity and divorces; single parent homes and the lie that we all are supposed to grow up and live in a couple's family? When in fact it does take a village to raise a child.

A show cause notice, "show cause order" or "order of show cause" is a specific court order that is used to prove, explain, or justify an item to the court. It is used during times when the judge requires additional details before they decide on issuing orders via the request of either party.

"A person who acts as his own attorney has a fool for a client." This is an old saying. A notice of lis pendens means that somebody has filed, or is about to file, a lawsuit that will affect your property, and unless you want to defend yourself, yes you should. Now it is always "possible" that the notice was filed erroneously, meaning it was supposed to be against some other property but by some kind of mistake was filed against yours -- you could take the risk but if you think there's something to the matter again, yes you should. If it was a total mistake and you are absolutely sure (are you?), you might contact the people who filed it and suggest it was a mistake, but if you get served with a lawsuit....what then?