Civil Process

Yes, however such allegations are often difficult to substantiate even in a small claims case. Judges are generally reluctant to grant monetary recovery awards unless the plaintiff can prove a financial hardship was created due to the defendant's actions. Sure, you can. The answer above is totally true.

The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.

A writ of body attachment is like a warrant, where it allows the sheriff to arrest you and bring you before the court to explain why you have not showed up to a prior hearing or proceeding. Often, there is a bond requirement that must be paid before being released if you are arrested on a writ of body attachment. These usually occur after failure to pay child support or failure to attend a motion to show cause. See this Illinois rule for an example: http://www.19thcircuitcourt.state.il.us/rules/rules15.htm#1505

I just received a certified letter notice that the Post Office attempted to deliver to my home address on 2 different occasions. It also stated by a specific date (2-3 days from the last delivery attempt) this Certified Letter would be delivered back to the sender.

Hope this helps !

With the Clerk of the Court's office of the court which will be hearing your case.

A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show.

A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.

if the owing party fails to follow though with payment

To make it as easy as possible for the ACME Toaster Co. to resolve the problem.

pleadings filed by a defendant in a lawsuit is called written statement.

Go to a notary public. * Take the document(s) and required identification to a licensed Notary Public. All persons executing the document must be present at the time of legal attestation.

the first ten amendments are known as the "bill of rights" and they are clauses that were removed from the first draft of the constitution and put into a list of rights in order to satisfy the people who thought the constitution gave the gov't too much power.

You can get a restraining order on anyone you want, as long as you have a legitimate reason.

Talk to a lawyer, because it will depend very much on the details.

In simple layman's terms: If a piece of evidence was received by unlawful means such as a search without a valid search warrant, any evidence that stems from that one illegal search will be considered inadmissible in a court of law. The only way out of this would be being able to articulate that a particular piece of evidence would have come out anyway within normal guidelines of an investigation. Basically, one bad apple search ruins the whole basket.

what does nature of complaint mean

It's doubtful. The surveillance cameras are there to protect breaking and entering. Anything over five stories high and there are surveillance cameras you may have a fighting chance. Most thieves are lazy and want to hit the lower and easier places to get at.

1. You never know how many people are facing the same problem with a product or service. The ones who start a Class Action usually get the bigger chunk of the settlement. Came across this: SueEasy.com Apparently you can start a Class Action and if others join.. A class action lawsuit can easily be formed.

BK generally won't discharge a judgement from a lawsuit or action made before the filing of the BK.

Also you don't file BK for a thing...a this or a that...YOU file bankruptcy. It involves and everything you owe and everything you own. Some certain things may be exempt (or treated specially) from being used to pay a debt, and some debts may not be cleared. A secured debt, that is one that has a right to a certain asset, has first call on the funds from the sale of the asset....and if that isn't enough, any additional amounts can be claimed as unsecured debts owed, and provided by other assets.

But the important thing to start is you do not pick and chose what you want to include...because just like your question...you would include the loan (and every debt)...but not the property, or assets!

It depends upon how the account was established. The original agreement by the married couple will state if the account is held as Tenancy By The Entirety, Joint Tenancy, or Joint Tenancy With Right of Survivorship. If there is no such designation the state default laws will apply. Although Maryland allows TBE, it is not an automatic defense in protecting a joint marital account. The decision as to whether or not the account can be levied when only one spouse is the judgment debtor is made by the presiding judge.

You are liable for anything that your child does. If the damage is normal wear and tear, it shouldn't be billed for, but if the child is throwing or breaking things on purpose, as opposed to by accident, I would certainly expect the day care to submit a bill.

Prejudice is a legal term which means there was misconduct on the part of the person who filed the case and they are, therefore, forbidden to refile. Dismissal of a case with prejudice is final, and the plaintiff is barred from taking any further action.

That depends on your state law. When you go to sell or refinance it will still show up and you may encounter some problem- either a title insurance company will want a premium to "insure over" it, or it could give your buyer the right to back out. Better deal with it now if possible; it's like a little time bomb that could go off and make problems for you. You should record a release in the land records.

Typically defamation (slander/libel) type charges are, in the US are always torts, and very rarely criminal in most other countries. As a tort they have no sentence, only damages to be paid. However in many cases a judge can issue an injunction against the behavior and if that is ignored, the personal can be tried criminally for it's violation.