Civil Litigation Legal Questions

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473 legal questions have been posted about civil litigation by real users. 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.
Civil Litigation Questions & Legal Answers - Page 13
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Recent Legal Answers

Can  you be sued?  Of course, but that doesnt mean that you will lose.  you also  have a claim against the contracting company for breach of contract.  i fyou can't work it out between yourselves, the dispute can be resolvedin small claims court.
Can  you be sued?  Of course, but that doesnt mean that you will lose.  you also  have a claim against the contracting company... Read More
This will be a tought issue and it will be your daughter suing because its her dog, and this may revolve around the neighbors ability to pay or have insurance coverage the damages. Also, not sure what you mean by "got through the door" to the yard since if the gate was left open somehow, there could also be comparative negligence issues also to address. Your daughter may need to spend some money to hire a lawyer to address this. ... Read More
This will be a tought issue and it will be your daughter suing because its her dog, and this may revolve around the neighbors ability to pay or have... Read More

Is this a civil litigation case?

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
For what? You were trespassing and got stuck in an area where you had no business going in the first place. Then you got injured doing something foolish by your own statement. Not seeing a case here. Hopefully you weren't cut too badly. 
For what? You were trespassing and got stuck in an area where you had no business going in the first place. Then you got injured doing something... Read More

Iโ€™s it too late to sue?

Answered 6 years ago by attorney Bruce Robins   |   1 Answer
The California statute of limitations for assault is 2 years.  However, you should e aware that to the extent that your dad's (or any insurance) paid any of the costs incurred as a result of the assault, the insurance company will be repaid from any recovery you receive.
The California statute of limitations for assault is 2 years.  However, you should e aware that to the extent that your dad's (or any insurance)... Read More
I'm sorry, anyone can sue anyone for anything but I don't think you have a case.
I'm sorry, anyone can sue anyone for anything but I don't think you have a case.

Can he

Answered 6 years ago by attorney Bruce Robins   |   1 Answer
If your boyfriend says that you stolle his truck, you could conceivably by arrested, charged, convicted of grand theft auto, and jauled  if he is believed, That may not be likely, but it is possible.
If your boyfriend says that you stolle his truck, you could conceivably by arrested, charged, convicted of grand theft auto, and jauled  if he... Read More
Depends on what you mean by "co-sign".  If you are simply guaranteeing finance payments under a lease without having any actual ownership interest in the vehicle, then you cannot simply take the vehicle from him.  Especially if he's still making payments.  You might want to have a converation with your ex-boyfriend and see if he will voluntarily turn over registration to you. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More
Depends on what you mean by "co-sign".  If you are simply guaranteeing finance payments under a lease without having any actual ownership... Read More
Sorry to hear about your boyfriend's drums.  Any civil litigator should be able to handle this matter.  Unfortunately, the cost of retaining an attorney might outweigh the value of the drum set.  Your boyfriend might want to consider calling the police in Arizona and file a stolen property report.  That might be enough to scare the woman into returning the set. Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More
Sorry to hear about your boyfriend's drums.  Any civil litigator should be able to handle this matter.  Unfortunately, the cost of... Read More
You may need to hire a lawyer to make sure its handle properly. 
You may need to hire a lawyer to make sure its handle properly. 
A civil trial lawyer or injury lawyer that handles defamation type cases. We handle such cases in our office, but unfortunately in most instances the cases are NOT contingent fee cases so you will have to plan on spending probably several thousand dollars in legal fees to start such a lawsuit. ... Read More
A civil trial lawyer or injury lawyer that handles defamation type cases. We handle such cases in our office, but unfortunately in most instances the... Read More
Not a good one.  If the person had robbedc or assaulted you, you would have a case, but under these circumstances you suffered noi damagesk, and damages are a necessary element of a negligence claim.
Not a good one.  If the person had robbedc or assaulted you, you would have a case, but under these circumstances you suffered noi damagesk, and... Read More

Can a dealership impound my vehicle without notifying me?

Answered 6 years and a month ago by attorney Bruce Robins   |   1 Answer
If  Virginia law is hte same as where I practice, yes (keep the car until the repair bills are paid, not lose your car).  BTW, you are not a co-opwner just because you are a co-borrower, but I will assume that you are also on the title.  In any event, a co-owner of hte car brought it in for repair.  If he was not expressly authorized by you, the other co-owner, to do so, it appears (based on the limited facts you've set forth) that he was impliedly aughorized as a matter of law.  Incidentally, those repairs increased the value of the car, thus benefitting you as well as your bf.  In most states (again, not sure if Va is exactly the same), a mechanic who repairs a vehicle has a mechanic's lien entitling him to retain the vehicle until the repairs are paid for.... Read More
If  Virginia law is hte same as where I practice, yes (keep the car until the repair bills are paid, not lose your car).  BTW, you are not... Read More
As a general rule, an attonrey deposing a witness can inquire into pretty much any subject area.  Relevance iis generally not a valid objection at a deposition, although the material may not be admissible at trial.  It seems as if hte attorney was trying to get you to lose your cool.  Hopefully, you stayed calm and merely answered the question.... Read More
As a general rule, an attonrey deposing a witness can inquire into pretty much any subject area.  Relevance iis generally not a valid objection... Read More
First of all, notify the rental agency and the insurance company (both yours, if you have auto coverage, and the rental agency's, if you purchased additioanl coverage) IMMEDIATELY.  If you have auto coverage, the insurer will provide you with a lawyer to defend the suit.  If not, engage your own lawyer (you and your sister may want to hire the same attorney to represent both of you, if your interests don't conflict).... Read More
First of all, notify the rental agency and the insurance company (both yours, if you have auto coverage, and the rental agency's, if you purchased... Read More
Did they lose your mothers ashes? If so, is the cemetery admitting fault?
Did they lose your mothers ashes? If so, is the cemetery admitting fault?

How do I get a court awarded fine paid?

Answered 6 years and a month ago by Michael R. Fortney (Unclaimed Profile)   |   1 Answer
Take a look at Revised Code Section 2333.09. You can file a motion, and ask the court for an order that the debtor be brought in for an examination of the debtor's finances. Typically clerk's offices will even have a simple form you can fill out at the office and file immediately. This alone may be enough to get the debtor to pay. If it is not, the debtor still must show up to court where you can ask the debtor questions about what types of property and assets the debtor has, in order to eventually go after those assets. ... Read More
Take a look at Revised Code Section 2333.09. You can file a motion, and ask the court for an order that the debtor be brought in for an... Read More
Civil trial lawyer. I have handled several such cases on both sides in the past. These can be touchy issues to address mostly on the financial implications. 
Civil trial lawyer. I have handled several such cases on both sides in the past. These can be touchy issues to address mostly on the financial... Read More
You will need to spend the money to hire a company to repossession the car and then get it re-keyed when you get it back and use a steering wheel lock so she cant take it back. She may have a right to sue you if you signed something giving her the car, but that can be dealth with later. ... Read More
You will need to spend the money to hire a company to repossession the car and then get it re-keyed when you get it back and use a steering wheel... Read More
Hmmmm this whole post seems off a bit. You are complaining that law enforcement didn;t review "a tape" the is presumably a surveillance video - and then claim you "re-recorded" over it? So what is it you think they should have reviewed and its not up law enforcement to "make an effort" to get your own video from you as a cliamed victim. This should have been something addressed at the time they showed up at the scene where you informed them you have a VSS and allowed them review the footage whcih presumbaly showed the crime and the perp. If you have NEW evidence, not "ooops it used to be there" evidence, you may want to make appointment to see the detective at the station and bring your evidence with you to see if that helps. ... Read More
Hmmmm this whole post seems off a bit. You are complaining that law enforcement didn;t review "a tape" the is presumably a surveillance video - and... Read More
If the bankruptcy goes through, his debt to you will (assuming it is listed in his bankruptcy petition and absent fraud or some other exception to discharge not apparent from your question) be discharged, and you will neer be paid.  You need to fight the bankruptcy, perhaps by showing that your ex does not meet the criteria for bankruptcy for a chapter 7, but rather is sorking and has hte money to pay his debts.... Read More
If the bankruptcy goes through, his debt to you will (assuming it is listed in his bankruptcy petition and absent fraud or some other exception to... Read More

I'm not sure what type of lawyer I need

Answered 6 years and a month ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer
So sorry to hear what happened to you.  Unfortunately the City of New York has what's called "qualified immunity" for these types of decisions and, generally speaking, is not responsible for bad decision making.  In other words, the City's decision not to perform a background check on this homeless man before placing him in your community is not actionable absent some special relationship between you and the City. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More
So sorry to hear what happened to you.  Unfortunately the City of New York has what's called "qualified immunity" for these types of decisions... Read More

Can I sue someone for emotional distress?

Answered 6 years and a month ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer
In New York State, you can sue someone for the negligent infliction of emotional distress if the underlying conduct is so shocking and outrageous that it exceeds all reasonable bounds of decency and causes severe emotional distress.  Unfortunately, this woman's conduct, as distasteful as it may have been, does not appear to have risen to that level. Best regards,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More
In New York State, you can sue someone for the negligent infliction of emotional distress if the underlying conduct is so shocking and... Read More

How do I evict a none paying relative?

Answered 6 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Evict the relative in General Sessions Court.
Evict the relative in General Sessions Court.
There is no minimum, that's why it's small claims court.
There is no minimum, that's why it's small claims court.

What sort of Attorney should I be looking for?

Answered 6 years and a month ago by attorney Louis A. Russo   |   1 Answer
I think you'd need a lawyer who would specialize in Libel, Slander, Defamation (assuming those causes of action were refernced in the demand letter you received).
I think you'd need a lawyer who would specialize in Libel, Slander, Defamation (assuming those causes of action were refernced in the demand letter... Read More