Civil Process

Yes, a 401(k) plan may be seized by a judgment creditor after a civil lawsuit even though you personally are not entitled to take the funds out without a tax penalty. If the 401(k) is seized, you will probably have to pay the taxes and penalties just as if you had taken out the funds yourself and used them to pay the judgment creditor.

Practically speaking, nothing will happen, except the court might sanction the missing attorney with an order to pay the other attorney for his time spent unnecessarily coming to court and wasting his time. Since the pre-trial conference usually does nothing of a substantive nature regarding the claims of the parties, the court will most like neither dismiss the complaint nor suppress the answer, but will simply reschedule the pre-trial conference.

yes, but why would you do that unless you might win? As with any lawsuit, you have the burden of proving the facts necessary to show the defendant slandered you and that it caused you some sort of damage. Because slander is oral, you will need witnesses or a recording of what was said.

Cohens v. Virginia was the Supreme Court case where the Court decided that it has the authority to review lower court decisions where the defendant believes his or her Constitutional rights were compromised. This was already the case in civil matters, but in Cohen, the Court applied the principle to criminal matters as well.

There are two types of documents commonly referred to as "notarized", but which are completely different from one another. The first is a sworn statement, like an affidavit. The person signing is under oath that it is true under penalty of perjury. The notary countersigns with the satement "Sworn to and subscribed before me this __ day of ___. The other is an acknowledged document, like a deed or mortgage. Here the notary countersigns with a "acknowledgement". The exact form is usually spelled out in state statutes; however essentially it says that the person who signed it identified himself/herself to the notary and signed it in the notary's presence. It is not made under oath and is basically just a means of proving that the document was in fact signed by the person signing it.

A dismissal with prejudice in any civil case means that the case may not be refiled. A "Notice of Voluntary Dismissal with Prejudice" is typically filed by the Plaintiff when all issues have been resolved.

Alternatively, a court may enter an order dismissing a case with prejudice if the Plaintiff engages in one or more actions that the court considers to be egregious. In those circumstances, the Plaintiff is normally warned several times before this serious a penalty is imposed, as it effectively cuts off the Plaintiff's right to judicial redress for the matter involved in the lawsuit.

An Unlawful Detainer lasts on your credit report for 7 years in CA. CA Civil Code Section 1785.13(a)(7). Leginfo.ca.gov is a good site if you need reference to the code.

30 days, 35 if business

The defendant must then suffer capital punishment so the plaintiff can collect in the afterlife.

Unless the plaintiff is a Hindu, or Buddhist, then it is up to the attorney to locate the being that the plaintiff has been re-incarnated as.

You can phone a lawyer. It maybe better to try to work things out with your neighbor in an adult manner. Its better to just make your apology, swallow your pride, than spend thousands of dollars on nothing but a grudge.

I'm going to suggest something quite radical. Go and speak with you neighbor if this bothers you that badly. I'm sure they are not doing it to bother you. Talk to them about the problem and I bet it will go away.

The only one who can file a contempt motion is either the Defendant or Plaintiff.

Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.

In order to write an appeal, you would to have all facts in place. You should state the verdict that was initially given and present your case why you feel that the verdict was not fair among other relevant issues.

A car registration keeps up with who owns a car. When a vehicle is stolen, in an accident, or in a traffic stop, officials can make sure that the person operating the vehicle has permission to do so.

The Executive and Legislative and Judicial Branches are corrupt to the core! Right to a trial by jury of one's peers is the Seventh Amendment. The highest court in the land is the Common Law Grand Jury - not the Supreme Court, who are some criminals! We need the Seventh Amendment! Answer Absolutely, perhaps now more than ever before. The power of the government, whether state or federal, is so strong that almost anyone can be charged with a crime and convicted. If the decision to convict a person were solely in the hands of the government, all persons charged with crimes would be convicted whether innocent or guilty, because it is the government which brings the charges in the first place.

Case disposed means that a case has been dismissed, withdrawn or resolved. The judge that presides over the case has the power to dismiss or resolve the case.

My husband received part of a settlement from a lawsuit. The rst to follow. Does he need to declare the money and pay taxes on it? Have heard both pro and cons concerning this. And since tax time is coming up, we would like to know how we are to deal with this.

They want to be compensated for their injuries and losses. They may wish to punish the other party. Another reason is to bring the actions to the attention of the public to make it less likely that they do it to someone else.

its self explanitory its a form upon which you lodge a formal complaint against someone or something

Plaintiffs do not have a surrebuttal. They have a rebuttal. Defendants reply is the surreebuttal.

Plaintiffs case in chief

Defendants case in chief

Plaintiffs rebuttal

Defendants surrebuttal

No they do not. Georgia does not have reciprocity with Florida

Not usually in either a criminal or civil matter. But there are, as in almost every legal matter exceptions. If your state allows the recording of one person private conversations (very few do). Or the so called evidence is obtained via voice mail in which the person would or should be aware of the consequences of relaying such information.

The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted relief under existing statutes" (meaning the debt itself is not valid/owed). The next best defense would be "If the defendant is indeed indebted to the plaintiff for reasons stated in the complaint, he/she is indebted to them jointly with_____" (meaning the plaintiff did not bring suit against all parties who owe the debt). An so on and so forth. It is not necessary for the defendant to concern themselves with the use of "legalspeak" (legal terminology), but conciseness is the best choice. The defendant should always bear in mind that they are presumed to be under oath and should under no circumstances impart any information that is not truthful. Please be advised, failure to appear at the trial (or hearing) can result in a default judgment being entered against the defendant/debtor Copies of your response should be sent to the plaintiff's legal counsel and to the office of the clerk of the court where the summons was issued. The contact information can be found on the summons. The correspondence should be sent by certified mail with a receipt requested.

For most pleadings in Indiana, you have 20 days after you receive the complaint to respond with your answer; as defined by Indiana Trial Rule 6(C). However, some specific types of pleadings require a response within 10 days (see T.R. 6).

It is always advisable for the defendant to retain legal counsel or at least seek legal advice to be assured that all his or her rights are protected.

Civil suits are filed in civil court in the city or county where the defendant resides, whether the plaintiff is a creditor or the *"injured" party.

The time frame between the filing of a suit and when it is heard varies greatly between jurisdictions. Most state courts have backlogs of civil suits that being the case such matters might take years before they are resolved.

The time in which a creditor has to file suit against a debtor is regulated by the statute of limitation laws of the state where the debtor resides.