Civil Litigation Legal Questions

Dear Ms. Gillen: Unfortunatey, you have no legal right to the property, because, as you noted, your name was never on the deed.  You might have a claim for what is called an equitabe lien because of your contribution to property taxes for the past 7 years. An equitable lien usually involves someone engaging in egregious or fraudulent conduct, which does not seem to be the sitution you described.  On the other hand, such a lien can be imposed when there has been unjust enrichment(i.e. you've paid the taxes to benefit someone else). However, your claim was probably stronger when your boyfried died, or at least when his mother died before the sister inherited the property.   This is really a civil matter and not a family law matter, but you should at least consult with an attorney to determine if you have a claim and the value of same. It is likely that, at best, you might be able to recover some of the property taxes you paid.   Best of luck, Cindy S Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:  561-962-2785... Read Answer

If the hearing you missed was before the Magisterial District Justice, you can appeal within 30 days by filing a Notice of Appeal and serving it certified mail on the DJ and other party.  I strongly suggest speaking with counsel to ensure the procedures are strictly followed.  If not, the appeal could be dismissed. If the hearing was before the court of common pleas, appeal is not so simple.  In any event, you should speak with counsel. I trust this answers your questions but feel free to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

That sounds like a horrible experience, but a defamation claim is only valid if the statement(s) made by the teacher were false.  If they are, then you may have a claim.  However, the teacher is not responsible for the actions of a third party (the student), they are liable for your injury.  Let me know if you wish to discuss the details of your claim so that I may better advise you of your options.... Read Answer

It is unclear if the case was heard before a magisterial district justice which has a maximum jurisdictional amount of $12,000.00.  If that is the case, it is relatively simple to appeal, but must be filed within 30 days as you noted.  The appeal must then be served and a proof of service filed within 10 days after the appeal.  You must then file a Complaint which the defendant must respond to within 20 days. If the case was heard before the Common Pleas, the appeal is much more complicated and expensive. I trust this answers your questions and if you live in the Delaware Valley, feel free to call or email on a free initial basis.       Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Depending on the amount you should be refunded, you can sue in Small Claims (up  to $5,000. in CT) or in Superior Court. If you sue in Superior Court, you can also sue for specific performance.  I would need more details but if you would like to discuss options further, my office would be happy to consult with you and look further into this matter. 203.870.6700... Read Answer

A lawyer in a civil matter cannot threaten criminal prosecution.  It is an ethical violation.  More specifically, since you are in Florida, the Rules Regulating the Florida Bar specifcally state "A lawyer must not...present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter" (Rule 4-3.4(g)). A lawyer can be, and should be subject to discipline up to suspension or even (in eggregious cases) disbarment for such tactics. I would report the attorney's actions to the State Bar. Attorneys Pike & Lustig have a good web page on this subject: How to File a Bar Complaint Against A Florida Lawyer For Unprofessional Or Unethical Conduct? (turnpikelaw.com).... Read Answer

Depending on the totality of the circumstances and the evidence available, you may have a case for wrongful prosecution.  However, one of the key elelments will be how the current criminal prosecution ends.   Please feel free to contact us for further assistance and information. 203.870.6700.... Read Answer

It depends on the statute of limitations for this type of claim in the state in which it took place.  The following is from a website id Greene Broillet & Wheeler LLP discussing California law, but other states may be different. Childhood sexual abuse survivors must file a lawsuit by age 40 or within five years of discovering the abuse as an adult. As of January 2020, childhood sexual abuse survivors now have a three-year window to file sexual abuse claims that have previously passed the statute of limitations.   It also may depend on when your stepbrother turned 18, as the limitations period, and the nature of the claims may be different depending on whether he was a minor or an adult at the time of the assault (from what you've written, it seems as if he  was a minor for some of this and an adult for some).  Also, if he was a child at the time of an assault, you may have a claim against his parents/guardians.... Read Answer

First take a look at  your contract, as it likely has an arbitration provision and/or a choice of forum provision (i.e. which court you have to sue in).  It may also have a limitation on liability provision (e.g. mover not liable for any damages beyond the amount paid) which may or may not be enforceable depending on the degree of the mover's culpability.  Given that the contract on which you're suing involved performance in both CA and WA, the courts of either state would likely have jurisdiction over a dispute, so if the contract is silent, sue in the jurisdiction most convenient for you.... Read Answer

Probably.  First, in some cases the statute of limitations doesn't begin to run until the injured person discovers or should reasonably have discovered the wrongdoing.  I don't know whether this is the case for this claim in AR.  Second, your uncle may be viewed as a fiduciary to you, which could (again don't know the law in AR) be another reason to toll the limitations period.  BTW, from what you've written, I'm guessing that  your uncle may have been the executor of your father's estate, which would make him a fiduciary even if you weren't related.... Read Answer

You could theoretically be held in contempt and arrested, but that is very unlikely.  The bigger problem is that you may lose your case on default and have a judgment entered against you for the full amount of the claim.  That judgment can be enforced against you by garnishing your wages, auctioning your assets, etc.... Read Answer

I'm not sure why you're planning to sue in Canada and not Oregon, unless it ts required by your contract; since the dispute involves a transaction where the Canadian company was going to deliver an rv to Oregon, I think the Oregon courts would probalby have jurisdiction over it.  However, if you are going to sue in Calgary, you need a lawyer admitted to practice in Calgary.... Read Answer

Rigth now you haven't asserted any sort of claim, so you have no more rightst han any other member of the public to view hte footage which, unles there is some statute in Colorado which allows you to do so (I doubt it, but it's possible) is none.  If, however, you start a lawsuit allegeing negligence, you would then have the right to view the footage as part of discovery in that suit.  Under certain circumstances, you are also allowed to take discovery before filing suit, but I don't know if you can do that in CO, or what the requirements would be.... Read Answer

It is not a question of how much you've been damaged, but of how much the other party can pay. A settlement is a voluntary agreement to resolve a dispute.  You can't get more in a settlement than the other side is willing to pay voluntarily, and it would be very unusual for anyone to offer more than the insurance policy, unless they are partiuclalry wealthy.  Certainly the insurance company will not contribute more than the policy limits.  Whether you can collect more if you litigate the matter all the way through trial depends first on whether you win, and second on whether the person who hit you has assets beyond the insurance policy.  If, as often happens, that person has nothing else or only minimum assets, all you can collect is the limit of the insurance policy, because the person who hit you has nothing ele to pay, regardless of how much the jury awards you  Sometimes, even if the person has some assets beyond the policy, it is not worth turning down a settlement and going through the time and hassle of a trial, risking losing, just for the possibility of being able to collect a little more.... Read Answer

Any local litigator should be able to handle this for your father and I think he'd be wise to consult one because, in addition to the collection issues you've noted, I think you may have a usury problem with your case.  You claim that this was an investment, but, while there are many ways to structure a deal, this sounds more like a loan.  If you invest money in a venture, you share in any increase in the venture's value, but you also share in the risk of the venture's failure.  If you have a guaranteed return on monies you advanced, that's a loan; your return is guaranteed, but you don't get extra if the venture succeeds.  To the extent that the court also views this transaction as a loan, you have a usury (loan sharking) problem.  It is illegal to charge excessive interest on a loan.  I don't know what the maximum is in Oklahoma, but in New York it is 16% per year for loans to individuals, 24% for loans to corporations.  Depending on when your father was supposed to be repaid (i.e. in 1 year, 2 years, etc.) the return he was supposed to get could be considered usurious, an illegal contract, and he may not be able to recover it.... Read Answer

Ms. Thompson, sorry to hear what you're going through.  In any defamation case, you must not only show that the statements being made about you are false (as opposed to mere opinion which is NOT defamation) but that you've suffered an actual injury as a result.  Here's an article I found online which you might find useful.  Keep in mind that it is unlikely that the students who are sending these emails have any assets worth recovering.  Even if you won a lawsuit, you'd likely end up with nothing more than a paper judgment. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/    ... Read Answer

Generally speaking, a business is not liable for the criminal actions of another person.  It all comes down to negligence usually.  If the bank did not have adequate security, or otherwise failed to provide a reasonably safe place for you to conduct business, then they may be partially liable.  I recommend sitting down with an attorney for a detailed review and discussion about your options. Best of luck.... Read Answer