Civil Litigation Legal Questions

Hello Kelly.  Unfortunately, you're going to need to sit down with an attorney for a clear answer to your question.  Creating an "estate" does not make sense, and it misuses legal terminology.  A detailed analysis of your situation is required before anyone can tell you what your rights are. Best of luck.... Read More

You can contact the police and/or you can sue her.  Assuming that you win your civil suit, and/or that she is convicted in any criminal proceeding arising out of your complant to the police and ordered to pay restitution, the money can be paid back out of her current assets and/or future earnings.... Read More

More facts are needed. Depends on case details. Be aware that all potential cases have deadlines, requirements and are subject to statutes of limitations/repose. Do not delay consulting with an experienced professional, so as not to prejudice any rights to bring a potential claim(s). ... Read More

This post makes no sense as it seems to pe preparing for a confrontation that hasn't started yet and based upon claims that are untenable. By exanple, NOW you expect to claim you paid a cash extra months rent despite getting a receipt that says otherwise - as if that will carry any weight in court. The remedy here is terminate the tenancy and move to place with a better landlord.... Read More

Only defendants to an action need to answer the complaint.  If you are not a defendant, you have no reason to answer, and the plaintiff has no reason to serve you, unless delivery to you was the plaintiff's way of serving the actual defendant.  If, for example, you live with the defendant, delivery of the summons and complaint to you at your shared residence would be good service on the defendant in some cases, and he/she would be obligated to respond to the summons. I just want to add that the above answer applies if you're really not a named defendant, not if you're the defendant but they misspelled your name, forgot to add "Jr.", or something similar.  That kind of excuse for not responding to the summons and  complaint is unlikely to get you far.... Read More

Probably not.  First, if you look at your contract, you will probably find a limitation of liability provision, something along hte lines of the maximum liaiblity to which the storage facility can be subject is a refund of your storage fee.  These clauses are generally enforceable (at least in NY, it might be different in Maryland) absent gross negligence or recklessness.  I don't thinik that cutting the wrong key rises to the level of gross negligence or recklessness, but that is debatable. Also, the general rule is that parties who breach a contract are not liabile for consequential damages unless thery had reason to know that their breach would likely lead to those consequences.  The damages your describiing - additional costs incurred not directly from the breach (like the cost of a new lock, for example) but arising out of the particular circumstances of your case, are consequential and in my opinion (again arguable) are not reasonably foreseeable.   Bottom line is that i don't think you'd succeed in holding the storage facility liable for all of your damages (especially if there is a limitation of liability provision in your contract), but it might be a shot worth taking; at the least, they might offer something to settle and avoid the costs of litigation and the bad publicity.... Read More

In most courts, you start a civil action by filing a complaint and then serving the defendant(s) with it along with a summons.  The court website would be your best source for information about the exact procedure to follow, and if you have any questions the Clerk of the Court should be able to help you.  HOWEVER, you should check your policy because I suspect that it contains an arbitration clause requiring you to arbitrate any disputes with your insurer.... Read More

You can file.  The other side will probably move to dismiss based on the prior dismissal and you will litigate whether the prior dismissal was with or without prejudice.  If there really is no discussion of why your case was dismissed, and only a paper which says dismissed (which would be very strange and unlikely), it ws probaly on procedural grounds and would be without prejudice.... Read More

From the facts you provided, it does not sound like it's stalking.  You seem to be taking the appropriate actions.  Threats of violence may rise to the level of criminal "menacing." (O. R.C. 2903.22)  You may want to reference this when speaking with law enforcement.  As for any more detailed advice, I recommend sitting down with an attorney for a full consultation.  Best of luck.... Read More

No.  There was probably a time when statutes only referred to "him" or "he" (as in "a person commits burglary in the first degree when he ... "), but it didn't excuse someone who identified as female from being guilty of violating a statute which may have shortsightedly used those pronouns.  I won't pretend to understand gender fluidity, but while I would hope that the law would respect whatever your personal gender situation is, gender fluidity is not an excuse to break a law, even if the statute in question does not use your preferred pronouns.  You are, of course, "allowed" to offer whatever excuse you want to the court, but don't expect this one to get you far.... Read More

Small claims in New York must be under $6,000 I believe.  If it is over that amount, you will have to start the action in the next highest court (if NYC that would be the Civil Court of whatever NYC borough; if outside the City, probably in the District Court of whatever county)..Whichever court you decide to file in, the website for that court will give you instrucitons about how to proceed, and if you have any questions, the clerk of that court can help you.... Read More

I am presuming its because you are the same person that has posted this fact pattern repreated with various changing claims of the cashier having a gun, a dark object, now a butchers knife and now claiming he was arrested for aggravated assault, when before there was no arrest so there is a credibility issue. That stated, this revolves around whether there are actual damages you suffered and thats up in the air. ... Read More

It sounds like a breach of contract issue from what you describe.  You may want to retain an attorney to pursue this issue for you.  Otherwise, I don't see a specific question being asked here.  If you want a general, "what should I do" question answered, you will need a full consultation with a lawyer before we can tell you.  It's all in the details. Best of luck.... Read More

You did not give enough information to answer the question. An employer does not have to keep a job open after you are injured and unable to work.  However, they cannot take retalitory action against you for filing a WC claim.   If the employer can point to technical reason for terminating you, they will probably prevail unless you can prove that the technical reason was completey made up.... Read More

Yes, your father could probably be served with documents, but the service may not be effective.  You could immediately contest the service in the court processing.   You should contact your father and tell your father to tell the process server that you do not live there.  The process server will probably not leave the documents with your father if you do not live there.  Does someone live with your father?  Perhaps you should notify that person to refuse service of the documents.  ... Read More

Sorry there isno family ownership of property. If the title owner says you have to go and sells the place, there is little you can do or have to say about it. Equally, they have no obligation to find you a place to live nor to support you. Period. You need to find a new place to live and contact shelters or charitable organizations to make arranagements ASAP before you are rendered homeless. ... Read More