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Civil Process
The rules of conduct for lawsuits and how cases progress through the legal system.
949 Questions
Sorry to tell you you that you're out of luck. Move out and/or get a new room-mate ASAP, this one appears that they can't be trusted with other people's money.
How can you get out of a writ of bodily attachment?
Writ of attachment is a legal document which court after exam the evidence and determine it is necessary to issue this order because the person or property are in immediate danger. But if it is ex parte the other part abuse the system. In many occasion iy is unnecessary. Specially for child custody.
To depose someone is to ask them a series of questions, under oath, that they have to answer. While it is to pertain to the case at hand, it can cover far more than most people realize, if the attorney can show even the vaguest of connections.
What is the Closson Class Action Settlement with Bank America?
After Wells Fargo v. Gutierrez, an action was filed against Bank of America alleging various unfair and deceptive business practices relating to the order in which they process transactions to cause customers to incur additional overdraft charges. Rather than litigating the issues like Wells Fargo did, and lose, they settled. Payments went out in December of 2011.
Can you plead insanity in court?
I guess that it is possible to raise the insanity defense in almost any case you might think of. Surprisingly enough it very seldom prevails as a defense and is extremely expensive to the defense to elicit the expert medical examinations and testimony that such a defense requires.
Can a civil court change the status of plaintiff to be the defendant?
No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant).
By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.
Can you sue the d a for wrongful law suit?
Yes you can sue for wrongful suit or virtually anything where someone has done you damage. Keep track of your damages, time spent dealing with this and the emotional distress that goes with it making you unable to focus on your normal work damages can add up.
He is better off going to a closet and tying off. Monkeys need to be put back in a cage.
How long does a defendant have to answer a 'Motion To Compel' order?
That information should be contained in the documents accompanying the court order. If the defendant is unsure of the status of the order he or she should contact the office of the clerk of the court that issued the "MC", immediately. The length of time to respond may be as short as 5 days. Failure to respond to such an order can result in the named person being charged with contempt of a direct order of the court and other penalties.
If a person merely believes his or her rights have been violated can a lawsuit can be filed?
No. What you believe is not fact. To sue someone there needs to be more than just thinking your rights have been violated. You have to prove they have been violated and show how. Let's say you are told by an employer that you can wear your hair a certain way. This would not violate your rights since all people working for this person have to follow the same standard and you have a choice not to work there or to follow the standard. You may "believe" this is not right, but you would have to show that you are the only person required to follow the standard compared to other people who work there.
Technically, a lawsuit is all about a "belief" that you have been wronged - this belief is not tested UNTIL the lawsuit is heard in court. So, the proper answer to your question is YES, you can sue based on your belief of being violated. Actual evidence supporting your belief is required only AFTER the suit has been filed (usually, during the initial discovery process or evidentiary hearing).
That said, there are levels of professional conduct in the legal profession which state that the lawyer representing you must actually believe you have a reasonable case - i.e. a case that can be won, not that it has to be likely to be won. If you cannot provide some reasonable evidence to support your belief in injury, a lawyer is ethically forbidden from taking your case. And, of course, there is nothing preventing a judge from looking at your suit and immediately throwing it out (even if you have a lawyer) due to it not being a "reasonable" suit (i.e. one with some evidence to back up your actual legal claim).
Unfortunately, there are many lawyers who violate their ethical duty and take cases that should never be filed in the first place. These cases get tossed (as "nuisance" cases) and never progress, but the lawyer is seldom disciplined for their lack of ethics. Individuals who sue without a lawyer can also be subject to punishment from a court if they file too many nuisance cases - the judge can label such an offender as a being permanently barred from bringing self-argued suits to a court (that is, such a person would HAVE to retain a lawyer, and such a lawyer would be well-advised to avoid any poor suit, as a judge would likely discipline the lawyer too).
You were served a Motion for Civil Contempt enforcement how should you respond?
[assuming that this involves alleged past-due child support] 1) bring proof that you don't owe the amount claimed; 2) bring payment of the past-due amount
What is the waiting period for settlement after agreement?
If agreement was reached in a case (at arbitration/mediation/etc) and a solution was agreed upon, the effective date the solution was to take place SHOULD have also been agreed upon and that date included in the agreement document.
What is the minumum dollar amount over which a common lawsuit can be filed?
The minimum dollar amount for a civil law suit in the magristrare court is between 1 .oo and up to a maximum amount of 5000.00
circuit court civil suits maximum amounts are up to 50,000.00
What does aid in execution mean?
Something in "aid of execution" is a court pleading or action to do something to enforce a court judgment. Enforcing a judgment, whether one for money damages or for eviction, is done by execution on the judgment. A judgment holder on a debt can execute the judgment by attaching the defendant's assets or garnishing salary. One way to force payment is to execute or levy on a defendant's assets. Sometimes the location of those assets is unknown and a court will give the judgment holder the right to bring the defendant in to declare his assets and tell where they are. Not every state will do this. The judgment holder applies for an order to compel the defendant to appear. This in an effort to aid in the execution of the judgment. hence the phrase.
Which country?
Canada
If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you have not appeared in the lawsuit then you do not have to appear for a deposition in the other state. For more information contact us at http://www.eglaw.com
How do you answer the 'first pleading' to a lawsuit summons from a debt collector?
The defendant should respond in concise and clear manner to all the charges that are outlined in the suit. For example, the defendant should state whether he or she is indeed liable for the debt for which they are being sued. Be certain that any statement given is truthful to the best of your knowledge, as the respondent is considered to be under oath and subject to the penalties of perjury. Please be advised that the defendant is not legally required to respond to a summons but by not doing so he or she acknowleges that the lawsuit is valid. In some states the failure to respond results in a judgment being entered in favor of the plaintiff.
If you are asking if an attorney may legally withdraw from a case, then yes, he or she generally may do so.
Whether or not the client can obtain a refund of expenses or has a viable suit for damages depends upon the circumstances of individual cases. Presumably, the attorney would not have accepted the case if he/she did not feel that there was validity to the claim, but as the case develops, it may become clear that the facts or the ability to prove the case was not as the client represented them/it to be. Indeed, an attorney has an ethical obligation not to accept a case that does not have factual or legal merit. That is not to say that it is unethical to advance a novel theory, but the attorney must be circumspect and recognize his/her duty to the system as well as to the prospective client.
An unused cost deposit in a civil case (such as to cover anticipated court reporter expenses) would be generally be refundable. Likewise, the unearned portion of a fee retainer would be refundable, although it is often a point of contention as to what is and what is not "earned". It is easier to make that determination when hourly fees are involved, as distinct from contingent fees. As to the latter, the determination is often made on a quantum meruit basis, meaning that there may be a dispute, and perhaps the need for a hearing, as to the value of the services relative to the results obtained.
If the matter is in litigation (that is, suit has been filed), or if the matter is criminal in nature, the attorney will have to seek leave of court to withdraw. A motion (formal written request) will have to be filed, and a hearing will normally be required. The court will have to be convinced that the parties will not be prejudiced by the withdrawal, even to include the undue delay of the case (which may have an impact on witness availability). Generally, the closer the request is made to the time of trial or other adjudicatory hearing, the less likely it is that the request to withdraw will be granted.
Why does your breath smell like metal?
"Metal mouth" can come from several sources, but the most common is from eating underarm deodorant. The aluminum in the deodorant reacts with bacteria in the mouth to yield the smell.
Should it be illegal to file a lawsuit without evidence?
If that was illegal, judges and people who work at courts and who are lawyers wouldn't make as much money, so no it shouldn't be.
What is the difference between a lien and a judgement?
A judgment is a decision made by the courts in a civil suit. A successful plaintiff must enforce and collect upon the judgment. If the defendant doesn't voluntarily pay the judgment, the plaintiff can request a judgement lien.
The judgment lien must be appropriately filed in order for the creditor to secure their position to collect the debt. It can be: served on a bank to freeze a bank account; recorded in the land records to seize real property; used by the sheriff to seize personal property; etc.
A judgment lien is a TYPE of involuntary lien. There are many different types of voluntary and involuntary liens such as: mortgages; income tax liens; property tax liens; liens for municipal services; mechanic's liens; child support liens; and, judgment liens.
Is there a time limit in California for small claims?
The statues of limitations for civil actions also govern in small claims. Statues of limitations vary by subject (such as car accident, property damage, etc.), so you will need to find the specific statue of limitations for your cause of action.
Where can I find detailed information about defamation of character?
try this site:
http://www.ehow.com/how_2063889_sue-defamation-character.html
