Civil Litigation Legal Questions

Letters such as this one can be considered a contract that can be enforced, however a review of the content of the letter would need to be analyzed. Keep in mind that a claim for breach of contract has a statute of limits which means you need to file suit within a certain time period. Every state has different deadlines. Keep in mind also that the legal effort needed to be expended may be worth more than the amount of the claim. Accordingly you may want to consider suing them in small claims court. Discuss with counsel in your state about these and other legal options. ... Read More

Each case is dependant upon its own particular facts and urge you to consult with an attorney.  However, it sounds like the landlord is attempting to "double dip" or seek to collect from both tenants as a "double recovery".  Whether they are entitled to do so would be dependant upon your agreement and particular facutal scenario.     You may want to look at proceeding within the small claims court in Pahrump.  Here is the link for you.    Pahrump Justice Court - Small Claims - Forms Do not allow this abbreviated comment to provide you with appropriate legal advice.  I urge you to consult with an attorney.   All the best, be safe and healthy.   ~ Brian     Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

Until you are served with a subpoena it has no power or authority. Service is typically made by certified mail, but can also be done in-person by a process server or sheriff. Her emailing you a copy of the subpoena is not sufficient service and has no force of law.     Until you are actually served, you can ignore the subpoena. If you want to be extra safe, contact the admin's counsel and have them file a motion to quash the subpoena, which will stay its enforcement until the court rules on the motion.... Read More

Unfortunately, there is no civil cause of action for online harassment that does not rise to the level of physical threats. There is a criminal statute, R.C. 2917.21, which governs online harassment, which you may qualify for if the contact escalates.As to sending a letter in response, an attorney can certainly mail a response, and this may have some effect, but know that the threat of civil litigation by an attorney from her is incredibly small.... Read More

With all due respect to your police friend, I think he/she is wrong.  It's a crime to withhold osmeone's mail.  Google "is it a crime to withhold someone's mail" and you'll see.  The fact that you have a claim against that person for money you cliam she owes you (all it is is a claim until and unless you win a lawuit and get a judgment, but you still woulnd' thave the right to withhold her mail) doesn't change this.  You have no contract with this person in which she agrees to let you withhold her mail until she pays you back, nor is there any statute which allows you to withhold mail until your claim is satisfied.  Give her her mail and sue her in small claims court.... Read More

You probably can't yet have the case dismissed. That only happens when you file a motion to dismiss the complaint and there isn't enough information here to determine whether that can succeed. What you can probably do however is move for a default judgment. That's when the other side does not timely answer, and you win because they failed to do so.   There are service requirements that make default tricky, so as always check your court's local rules to see what their requirements are for default judgment. The Court could also have an active tolling order due to covid that could make this difficult. Check to make sure that the time to answer for the other side hasn't been postponed.... Read More

You need to get a copy of the judgment showing your acquittal.  You then need to either talk to the lawyer who defended you in the county of the alleged offense. Any lawyer who does trial work can help you on getting your case expunged given certain factors.  A lawyer will need a certified copy of the judgment of acquittal.  Sometimes, certain filing fees can be waived if the expunction is filed within a given number of days from the date of aquittal.  Good luck.... Read More

A Personal Injury attorney can investigate this matter and determine all possible responsible parties rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. ... Read More

It depends how the initial contract was structured. In Ohio, a minor CAN take title to a car with a guardian's sign-off. R.C. 4505.031 (http://codes.ohio.gov/orc/4505.031). It sounds like that's not what happened here. It sounds like your mom bought a car and let you use it so long as you made regular payments on the note.    This is going to come down to not whether you are a minor but whether you are actually on the contract/title. If the answer is no, then that was never your car to begin with.... Read More

Each party to a lawsuit pays their own attorney unless (a) the contract they're suing over provides for the prevailing paryt to collect attorneys fees from the loser; or (b) an applicable statute provides for the winner to receive attorneys' fees.  You need to check your contract to see if it has an attorneys' fees provision.  I don't think there are any statutes covering your claim, but I don't know Colorado law and there could be a consumer protection statute which might apply and which provides for attorneys fees.... Read More

Do you have a judgment from a court on  your claim that you are owed money?  If not, does your contract provide that you can repossess the vehicle even without a judgment?  If not, right now all you have is a claim that you are owed money.  You have to sue on that claim and win befgre you can take steps to use the debtor's assets to satisfy the debt.... Read More

The terms of the attorney client relationship are governed by the engagement letter.  If you had a written agreement that you executed with the lawyer before he began working for you, it should direct how and when he would be paid.  You may want to consider hiring an attorney to write a demand letter on your behalf as he may take your requests more seriously if you've retained counsel. Russo Law LLC 929-262-1101 Info@russolaw-llc.com www.russolaw-llc.com... Read More

Hello Bethany, I am sorry to hear your child's godmother is facing this stressful situation. First and foremost, the lease will be controlling as to the terms of the tenancy for both your child's godmother and her roommate. In light of that, an attorney would need to review the lease to give you a full answer to this question. It is unclear to me whether the roommate situation is that both people are living in the same dwelling, or if it means that they are actually sharing the same bedroom. That is an important distinction. Generally, and without reviewing the lease, I find it unlikely that the roommate would have any right to exclude your child's godmother from a portion of the dwelling. Typically, by paying rent a person is granted the right to access an entire dwelling subject to any terms of the lease that dictate otherwise. However, the roommate almost certainly does not have a right to pack your child's godmother's belongings. The roommate also likely cannot force your child's godmother to surrender half of her bedroom to be used for the roommate's office space. The roommate also cannot force your child's godmother to terminate the lease.  Has your child's godmother reported the situation to the landlord? This entire situation is something that a good landlord should be able to address. My recommendation is your child's godmother first try to resolve the situation with the help of the landlord. If the landlord is unable or unwilling to help, your child's godmother should contact an attorney who can review the lease and, if proper, communicate with the landlord to ensure the landlord is following the terms of the lease and the broader requirements of the law. It may be the case that a lawyer finds it proper to deal with the landlord directly, with the roommate, or both. ... Read More

Ms. Haas, there are a lof of unanswered questions.  Against whom was the judgment obtained?  An individual or a corporation?  Was it obtained while your father-in-law was still alive?  Did he pass away while the proceeding was ongoing?  Was your sister-in-law a defendant because she was a signatory to a contract or involved simply because she's the executrix / administratrix of his estate?  Assuming the judgment was entered on default, was entered against your late father-in-law while he was still alive, there are three things you can do: pay the judgment, try to negotiate with the creditor, or retain an attorney and try to vacate the judgment (assuming you have a meritorious defense).  She should really speak with an experienced attorney to hash out her available options. Hope this helps. Jonathan R. Ratchik, Esq. Kramer, DunleavY & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... 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

Did the person make any complaints about the workmanship of the work you completed?  How much are you owed?  Did you attempt to resolve the dispute by sending the other party an attorney demand letter?  That might be more effective initiatlly before filing the lien. Lou Russo Russo Law LLC    lrusso@russolaw-llc.com​ 929-262-1101 www.russolaw-llc.com    ... Read More

I'm not sure what your question is, but you should know that in any suit against the landlord's estate, you may have a problem with thedeadman'statute which, assuming it is still in force in Virginia ,prohibits any interested party from testifying as to oral communications he/she had with the decedent against whom he/she is claiming.  Your witness could testify to the oral agreement, assuming the witness is not interested (i.e. does not benefit financially from the agreement) but you would not be allowed to.... Read More