Arkansas Civil Litigation Legal Questions

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 More

There are many reasons why a contract could be invalid, but using a nickname by which you are ideetified and which you signed is not one of them, and you haven't written about any others.  The contractor could be liable for the damage to the bus if either (a) it was part of your contract that the bus would be driveable after the conversion; and/or (b) the bus was damaged due to the contractor's negligence (or if  the contractor intentionally damaged it, but I assume that is not the case).... Read More

You cana, but you say that you have tried to get paid "over the years."  Depending on how many "years" it has been, the statute of limitations on your claim may have passed.  You should check what the Arizona statute of limitations is for breach of contract.  Also, inmany states (I don't know if it's true in  Arizona), a debtor's written confirmation that he/she owes the money can extend the statute of limitations, so even if you would ordinarily be too late, if your ex roommate recently confirmed that she owed the money, the time may be extended.... Read More

Statutes of limitations give you a certain amount of time to file a lawsuit, they have nothing to do with how long the suit takes.  In other words, if the claim was timely brought in Aug 2016,  the case can be litigated for 20 years (I am currently involved in a case that was started in 2000) without violating the statute of limitations.  If, which I doubt (but I am not sure as I am not an Arkansas attorney) the statute of limitations was less than 2 years and 8 months, you may still have waived that defense if you did not raise it in your answer to the complaint (you called it a response to a petition, which is possible in Arkansas, but in most states the complaining party would serve a Summons and Complaint, and the defending party would serve an Answer to it).... Read More

the man is trespassing and I believe law enforcement should remove him from the premises. However, it sounds like the law enforcement does not wish to get involved because your x was rightfully there to begin with and they read the trespass laws to require wrongful entry. You need to hire a lawyer and treat him as if he was a tenant who has held ove beyond his lease.... Read More

It appears that you need to file a motion to hold your husband in contempt for failing to get you free from the loans. That is, unless he has done so and the bank has made a mistake in naming you in thee lawsuit. Either way you must act timely to answer that lawsuit and deny the debt. If you wish to contact me you may call (501) 376-1112 or email hugheslawoffice1@gmail.com... Read More

I don't think you have a case because you suffered no damages.  A car blows a red light and hits your car, damaging it and also causing you a broken arm.  You have an excellent negligence claim.  If in the same circumstances the car just misses you, scaring you to death, you have no damages, and no civil case (the district attorney could theoretically bring a criminal case for reckless driving or the like).... Read More

I believe any competent trial lawyer could represent you in a case like you describe. You have an interesting factual situation in that most cases involving a trespass to cut trees arise when someone cuts the trees for resale. There may be a violation of our criminal laws. A person has taken your property.... Read More

First, absent a contract or statute saying otherwise, you are responsible for paying your attorney,  win or lose.  If the other party's wrongdoing caused you $5000 worth of damages, and your attorneys' fees come to $1,000, the judgment will be for $5,000.    Second, if the loser can't pay, you won't get paid.  However, there are a number of different legal mechanisms available to help you collect on any judgment you obtain, including garnishing the judgment debtor's wages and/or selling his assets, until the judgment is satisfied.  Also, you have a number of years to attempt collection (20 in New York, don't know what it is in Arizona), so the guy may be broke now, but if he comes into any money in the future, you can still enforce the judgment.... Read More

You can sue for whatever damages you incurred, even if that is more than you paid.  For example, if you paid the landscaper $3,000 of a promised $7000, and it will now cost you $12,000 to fix the problems, you can recover $8,000 - $12,000 minus $4000 which you didn't pay the landscaper.  You can't recover more than your money damages.  As to whether you should sue in small claims court or engage an attorney (two separate questions), only you know (a)  how much is at stake; (b) how complicated the issues are; (c) how confident you feel in your ability to handle the matter, etc.... Read More