Civil Litigation Legal Questions

Unless law enforcement catches them as you claim - there is nothing to do. Unfortunately. suing a house full of junkies that sold your car for parts, assuming thats true, is not liely to result in a new car nor money so its not a productive course. If they get caught youmight seek restitution but thats the only practical solution. ... 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

If you're asking if you want to pursue this, assuming that you were properly served you don't have a choice.  If you don't respond a default judgment will be entered against you which (again assuming that you were validly served) you will not be able to overturn.  Presumably you received a complaint with the summons; you need to answer the complaint within the allowed time.  In general, that means filing a document in which you admit or deny the allegations of the complaint (or you can say you don't know whether a particular allegation is true), and set forth any affirmative defenses and/or counterclaims you may have against the plaintiff.  You may want to consult an attorney; if you can't afford one, the clerk of the court may be able to help you, or at least refer you to some pro bono help in your area.... Read More

I'm not sure exactly what you mean by a "record", because certainly the store will keep a record and it could potentially refer to it if, for example, you applied for a job or credit there.  If you mean a criminal record, you haven't been arrested, let alone convicted, and therefore no arrest or conviction could appear on a criminal record. ... Read More

Your own policy of insurance may be applicable.  Why not make a claim insead of chasing a non-responding neighbor/insurance company (although same as yours)?  Theoretically, the neighbor should submit the cclaim to his insurance company for handling.  Failure to pay under insurance bad faith law (with possible punitie damages) requires first party relationship (i.e. your own insurance). If payable, the insurance company will pursue the neighbor.  If your own insurance claim is not viable and depending on damage sum, you may be entitled to proceed in Small Claims Court.... Read More

First you need to find out if Wells Fargo has insurance covering such claims (almost certainly) and if that includes providing a defense for you.  If so, Wells Fargo's insurance will provide you with a lawyer (depending on the nature of the suit and if your position conflicts with Wells Fargo's, it may be the same lawyer who represents Wells Fargo).  If not you need to handle it yourself either by getting your own lawyer or by representing yourself.  The way you answer a complaint, assuming that you have no basis to make a motion to dismiss it as a matter of law (e.g. the complaint alleges a claim that is barred by the statute of limitations, etc.), is to file a document called an answer in which you admit, deny, or deny having enough knowledge to know whether an allegation is true, each allegation of the complaint, and then allege any affirmative defense you may have (affirmative defenses are those which would bar the claim even if everything the plaintiff alleged was true).  If you can't hire an attorney, the clerk of the Court may be able to help you.... Read More

What injuries did she suffer? What state does your wife reside? Since the female doctor resides here in Florida and your wife I assume resides in Georgia, then it's quite likely that the US District court here would have jurisdiction depending of course on your wife's injuries. However more facts are needed. Discuss with counsel here in Florida about contingency fee representation. ... Read More

No, unless the texts were privileged, i.e. if they werer made to an attorney in the course of legal representation, made to a spouse, etc.  The "expectation of privacy" concept applies to government searches in the course of a criminal case, not private civil litigation, but even if it did, unless the person to whom you texted has a legal obligation to keep your texts confidential, you can have no expectation of privacy in communications you sent to a third party.  Assuming that the texts are relevant to the issues in the employment litigation, your relative will have to produce them.... Read More

If in fact you were not served with process in the lawsuit, there was no jurisdiciton over you and you should be able to get the default judgment (it is a judgment, not a settlement; a settlement is a voluntary agreement to resolve a claim) vacated.  This civil judgment is separate from your ticket, and you would need to make a motion in the civil case to vacate the judgment.  However, personal delivery of the court documents to you is not the only wasy to serve properly, and if you were a minor at the time it probably wouldn't be valid at all.  You better check with your mother that she was never served on your behalf. ... Read More