Minnesota Civil Litigation Legal Questions

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18 legal questions have been posted about civil litigation by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
Minnesota Civil Litigation Questions & Legal Answers
Do you have any Minnesota Civil Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 18 previously answered Minnesota Civil Litigation questions.

Recent Legal Answers

Yes and no.  Yes, civil courts can award relief other than money, for example enjoining someone from using your trademark, or compelling a landlord to make repairs.  Unfortunately the relief you're asking about is probably beyond the court's power to grant in this suit.  If you sue for money and win, however, you can try to settle the case along the lines of forgiving some or all of the money judgment if your ex agrees to complete the programs you've outlined.... Read More
Yes and no.  Yes, civil courts can award relief other than money, for example enjoining someone from using your trademark, or compelling a... Read More
Because the gate has been there, openly and continuously, for so long, you  may have a right to have it remain based on adverse possession and/or easement by prescription.  However the exact requirements for these claims vary by state, and I'm not familiar with Minnesota law, so you should probably consult a local attorney.... Read More
Because the gate has been there, openly and continuously, for so long, you  may have a right to have it remain based on adverse possession... Read More

If my wife is left her fathers house do I become a part owner

Answered 10 years and 7 months ago by attorney Bruce Robins   |   1 Answer
Marital property laws differ in various states, but in most states you would not be a part owner just because you're married to the owner.  In New York, for example, inherited property is separate and not part of the marital estate.  That being said, however, the only right to help in the lawsuit which you might have as a part owner but do not because you're not the owner, is the right to act as an attorney in defending the case, which would probably be a bad idea in any case.  You can be a witness (assuming that  you have personal knowledge of any relevant fact), you can help pay your wife's legal fees, you can help investigate the facts, etc.... Read More
Marital property laws differ in various states, but in most states you would not be a part owner just because you're married to the owner.  In... Read More
Garnishing funds comes about in a judgment creditor situation.  Joe gets a judgment for $1,000 against Jane, and Jane doesn't pay, so Joe follows the legal process to garnish funds which a third party owes Jane - Jane's employer, or tenant, or anyone who owes Jane money - to get them paid to Joe to help satisfy Jane's debt to Joe.  Apparently the judgment creditor believes that you owe money to the judgment debtor, and has served you with a garnishment requiring you not to pay the money to the judgment debtor, but rather to pay the money to the creditor's attorney.... Read More
Garnishing funds comes about in a judgment creditor situation.  Joe gets a judgment for $1,000 against Jane, and Jane doesn't pay, so Joe... Read More
It seems unlikely to me that the phone records of a witness would be relevant to a civil case, but if they are then the Court may order that they be disclosed.  While only the government can charge you with a crime, if your phone records show evidence of a crime, the Court may refer the matter to the police or district attorney for further criminal proceedings.  Again, this seems very unlikely to me but, without knowing any details, I can't say it is impossible.... Read More
It seems unlikely to me that the phone records of a witness would be relevant to a civil case, but if they are then the Court may order that they be... Read More

Being sued for property we did not damage

Answered 11 years and 8 months ago by attorney Bruce Robins   |   1 Answer
You can prove your case through the testimony of yourself and the other people who witnessed the pre-existing damage to the table.  Of course, this testimony would be more powerful if you had a disinterested witness, but there is still a good chance that you'll be believed.  You could also try to depose previous tenants to ask them if they had noticed the damage when they occupied the cabin, but the likelihood is that either they didn't, or that they will not admit that they did, and the deposition process is (unless this table was extraordinarily valuable some reason) probably more expensive and time consuming than the case is worth.... Read More
You can prove your case through the testimony of yourself and the other people who witnessed the pre-existing damage to the table.  Of course,... Read More

Is marriage a contract or status?

Answered 12 years and 2 months ago by attorney Bruce Robins   |   1 Answer
You can sue, but you can't win.  A married person has a right to seek a divorce, and any contract purporting to limit that right would be unenforceable.
You can sue, but you can't win.  A married person has a right to seek a divorce, and any contract purporting to limit that right would be... Read More

I need the word for stop and ... For someone who is slandering me

Answered 12 years and 5 months ago by attorney Bruce Robins   |   1 Answer
I think you mean "cease and desist."
I think you mean "cease and desist."
Hire an attorney in the area where your father lived at the time of his death. Your attorney can demand and likely obtain a copy.
Hire an attorney in the area where your father lived at the time of his death. Your attorney can demand and likely obtain a copy.
It depends on the nature and frequency of the "threats." See an attorney.
It depends on the nature and frequency of the "threats." See an attorney.

Getting sued for gifts

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Gifts are gifts, not loans. Once the donor transfers the property to the donee, in the absence of an agreement to the contrary, the property becomes the sole and absolute property of the donee, not subject to repayment if the donee is divorced from the donor's daughter.
Gifts are gifts, not loans. Once the donor transfers the property to the donee, in the absence of an agreement to the contrary, the property becomes... Read More

my roomate never paid his rent for 15 months

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Yes, you can. Before you invest too much money in suing him, consider that he may be broke and that's the reason he didn't pay you in the first place. You can't get blood from a stone.
Yes, you can. Before you invest too much money in suing him, consider that he may be broke and that's the reason he didn't pay you in the first... Read More
In general, any attorney who specializes in civil litigation or personal-injury law should be able to help you. Good luck.
In general, any attorney who specializes in civil litigation or personal-injury law should be able to help you. Good luck.

I'm not sure if Civil Litigation is correct for this.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
This is the "ask a question" forum, not the "find a cheap lawyer" forum. If your daughter is accused of a crime and cannot afford legal representation, she may be entitled to be provided with counsel at state expense. You do not explain what else she may be facing and what she is doing about it. She needs an attorney, not a mother with a computer.... Read More
This is the "ask a question" forum, not the "find a cheap lawyer" forum. If your daughter is accused of a crime and cannot afford legal... Read More

Judgement of Resitution - now turned over to collections. How can they demand 103K in 30 days?

Answered 13 years and 6 months ago by William J. Joanis (Unclaimed Profile)   |   1 Answer
As you have probably now figured out, there isn't much they can do to collect the money, other than garnish part of your pay check.
As you have probably now figured out, there isn't much they can do to collect the money, other than garnish part of your pay check.
She will need to prove that you were negligent in allowing the goods to leave your possession, and the value of the goods that were lost due to that negligence.  You can offset any amount she owes you, such as for the accident.  This will no doubt proceed in small claims court, if she brings it.... Read More
She will need to prove that you were negligent in allowing the goods to leave your possession, and the value of the goods that were lost due to that... Read More
You may have a case. but it will be difficult, as you gave up the dog. You have to show that there were material misrepresentations at the time you did that.
You may have a case. but it will be difficult, as you gave up the dog. You have to show that there were material misrepresentations at the time you... Read More
As know by now, going to Illinois and sing in conciliation court there is your best bet, as the court in MINN does not have jurisdiction.  
As know by now, going to Illinois and sing in conciliation court there is your best bet, as the court in MINN does not have jurisdiction.