Civil Litigation Legal Questions

There's no way to answer your question because it depends on the particular facts of each situation and, assuming that each side has a different version of events, which side the jury believes.  Of course this presumes that you were not charged with a crime or were acquitted of the crime.  if you are convicted of a crime relating to the incident, that conviciton will be binding against you in a civil case.... Read More

The rules may be different in North Carolina, but in general either side may demand a jury on all legal claims, but not on equitable claims.  As a general rule legal claims are those in which monetary redress is sought, i.e. he breached our contract by not paying me $500, I want to recover $500.   Equitable claims are those in which some other remedy is sought, i.e he reneged on our contract to sell me his car for $500, I want the Court to compel him to abide by the contract and sell me the car for $500.  The rules are generally different for small claims cases, however, where there may not be any jury trials.... Read More

There are many different bases for venue.  I'm not familiar with Texas law, but un New York, one proper place for venue would be the county in which the accident occurred, another would be the county in which the plaintiff resides, which is probably the basis for venue here.  Also, if this lawsuit was filed shortly after the accident occurred, you generally would have a limited time to object to venue or would have waived the objection (if the lawsuit was only filed recently, 10 years after the accident ocucrred, it is likely that the statute of limitations has run(.... Read More

If your wages are being garnished it is because there is a judgment against you, presumably on default.  If you were not served with the summons and complaint in the lawsuit which gave rise to the judgment (and can convince the court of that) you can get the judgment vacated, but if you were served and simply ignored it, it may now be too  late to contest the claim made against you.  As for the merits of the claim against you, I assume that the lease was with the business entity you operated with your partner.  How was that structured?  If it was a corporation, you would not normally be responsible unless you signed some sort of guarantee.  The same for an llc.  If it was a general partnership, however, all partners would be liable for the obligations of the general partnership. ... Read More

Possibly - but its an expensive proposition as a starting point. This is not likely a contingent fee case as the largest asset the company may was just sold. If the sale is pending you may want to lawyer up now and file suit to see if that causes the new buyers to pressure the seller to resolve the issue. ... Read More

It depends upon the terms and conditions that were incorporated into the ticket you purchased.  I'd imagine, those terms include a provision limiting the airline's liability but its tough to say without reading them.  Sometimes in these circustances a demand letter from an attorney will get it sattentions but it doesnt always work. Feel free to contact me. Best, Lou Russo Russo Law LLC www.russolaw-llc.com lrusso@russolaw-llc.com 929-262-1101  ... Read More

A "cease and desist letter" is simply a letter.  It has no force of law.  It's not an Order from a Judge, or even a lawsuit, therefore there is no proceeding in which to seek summary judgment, nor are you obligated to comply.  No action is required.  Theoretically you could start an action seeking a declaratory judgmetn that you have not been harassing your neighbor, but if all that has happened is that you've received a letter from a lawyer, starting a lawsuit seems like an unwarranted escalation which will cost you time and money.... Read More

IN all likelihood the summons and complaint was in the works long before you paid your debt and you should be able to get the action withdrawn.  You should call and write the attorney representing the plaintiff and provide him/her with proof that you  paid the debt.  If he/she doesn't voluntarily withdraw the claim by the time your answer to the complaint is due, respond to the complaint.  Depending on what court you're in (different courts have different rules) you can respond either by moving to dismiss the case based on documentary evidence, e.g. your documentary proof of payment, or simply file an answer denying that you owe the money because you have already paid it. If you can't afford or simply don't want to hire an attorney, speak with the clerk of the court for help with the procedure.... Read More

A marriage in any state is valid in any other state.  There is no need for you to marry your "current wife" in NY if you already married in Florida.  If you marry someone else, however, while still married to the person you married in Florida, you will have committed the crime of bigamy,and your second marriage will not be valid.... Read More

There is NOTHING you can do fast. You made a grave error and now are stuck with the results. You will need to spend money out of pocket to hire a landlord attorney to sue them for removal if they won't go on thier own. If they are all on lease or rental agreement together - you are stuck with them until the rental agreement is terminated.... Read More