Litigation Legal Questions

There is no means for a "highly skilled" lawyer to address an issue in which you have actual legal counsel that represents you dealing with a criminal prosecution in an internet blurb nor is there an inherent means to dismiss or "throw out" criminal prosecution simply because you find it disagreeable, inconvenient or that you have somehow suffered financially as a result. The fact that you claim you did nothing wrong, whether that is true or not, is of little consequence if the State Attorney and the "victim" contend differently. I would urge you to have a serious discussion with your existing lawyer about the pros and cons of the settlement offer and the details of your case. If you cannot get on the same page, you may need to discuss the need to change counsel and hire a new lawyer that might have a different perspective on acheiving a favorable resolution. You also want to be wary of posting public comments on social media or internet Q&A forums as those comments might be found by investigators and potentially used against you. You should restrict your disclosures to communications in which you have attorney client privilege. Hope you get this worked out to a favorable result. ... Read Answer

Judgement debtors cannot "cancel" a writ of garnishment. If there is a legitimate exemption, that needs to be timely filed and then there is usually a hearing for the court to determine if the exemption is valid. If it is the writ is disolved  - if not the court will determine the amount taken from each paycheck or the amount taken from bank accounts etc. ... Read Answer

From your question, it appears that the creditor is seeking a deficiency judgment.  Deficiency judgments are often sought by creditors when the vehicle sells for less than what is owed on the car loan.   Creditors are entitled to seek a deficiency judgment in such cases; however, there may be potential defenses and/or counter-claims that you could raise in defense to said claims depending on the facts of your case.  For example, pursuant to Tenn. Code Ann. Tenn. Code Ann. § 47-9-610 there are certain notice requirements that the creditor must comply with prior to selling the repossessed vehicle.  If these notice requirements are met by the creditor, the creditor's failure to satisfy the notice requirements might serve as a defense in any future lawsuit by the creditor seeking a deficiency judgment.  There are also statutory requirements requiring creditors to sell the vehicle in a commercially reasonable manner, and the failure to sell the vehicle in a commercially reasonable manner may also be a defense.  The Servicemembers Civil Relief Act (SCRA), which is a federal statute, may also provide some protection that might be used as a defense in a lawsuit seeking a deficiency judgment if you are in the military depending on the particular facts of your case. Whether or not you should hire an attorney given the facts of your case is going to largely depend on how much you are being sued for.  In other words, if you are being sued for a few hundred dollars, it is likely not going to be cost-effective to hire an attorney.  On the other hand, if the creditor is seeking a judgment against you for $20,000.00 it would be highly recommended that you hire an attorney to represent you in the case.  In any event, I would recommend that you at least consult with an attorney regarding the civil summons that you have been served with so that you can determine the best path forward given the particular facts of your case.  If you were served with a civil summons that includes a court date, you must appear on the date set forth in the summons or else a default judgment may be obtained against you.  If the civil summons that you were served with does not include a court date, generally you must file a responsive pleading such as an Answer or Motion to Dismiss with the court clerk within thirty days of the date of service and you must serve a copy of this responsive pleading on the creditor's attorney as evidenced by a certificate of service or else a default judgment could be entered against you.... Read Answer

You will likely need to spend the money to hire a lawyer to address this. If the LL does not properly comply with Fla. Stat. 83.49 there is often argument that they waived the right to any claims against the security deposit. The LL is likely gambling you won't spend the money and they will keep the funds when you simply move on.... Read Answer

What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being EXCEPTIONAL writs, not to mention that most legal precedent will be adverse to prohibiting the courts from hearing a lawful action because a defendant feels the case is unwarranted. That said, you also don't want to post comments in public if you are actively involved in a legal proceeding. Your best bet is to use Google to identify a number of lawyers that you think might be interested in the case and contact them directly to inquire about the details. Be prepared to pay a substantial retainer for such a case as a general rule. ... Read Answer

The online docket will also show the name of the lawyer that issued the subpoena. It is easy enough to call. The Clerk can be mistaken when marking a case "closed." Don't guess, ask a direct question and get a direct answer.  And nobody on this website will give you a definite answer without reading the actual subpoena, a review of the online docket, and perhaps a call to the issuing lawyer.... Read Answer

If you have been served with a summons and complaint, make sure that you are mindful of the deadline for filing an answer. Failure to do so could lead to a default being entered. If you are just looking for someone for file an answer, you may have difficulty finding someone to just do that. I would encourage you to speak with a lawyer about representing you throughout the entire case.... Read Answer

You would have to sue the government agency who was responsible for maintaining the stop sign etc. Many lawyers do not want to get involved in litigation with sovereign entities because government agencies hardly ever settle and usually take every case to trial. But don't let this discourage you in your search. Keep looking! ... Read Answer

Dear Frank, That may be a viable theory of liability for which you should contact a Personal Injury Attorney as soon as possible to fully investigate this matter- and hopefully obtain representation. Choose an experienced professional to guide and advise you who can determine any and all responsible parties and insurance coverages, including any and all first party coverages. 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 Answer

This is a question for the board counsel as it depends on the details of the board charter and association rules. If this is a board run business, I would expect that there is a right to full accounting of the expenses for the business operation. Again, that would be addressed by the board counsel as to how to address that. ... Read Answer

An oral contract is enforceable, it is just harder than enforcing a written contract.  These cases often end up in what are called "swearing contests" where each side attempts to prove the other wrong.  The plaintiff, the person claiming there is a 70/30 split, ultimately bears the burden of proof.  It can be done, but you should expect to have to go to trial (though always being open to a settlement offer).  ... Read Answer

Its literally impossible for you to have been sued and have a judgment recorded against your property and never learn of it until 5 days prior to a foreclosure sale, unless you intentionally avoid doing so. Thats critical because you will now have to spend a good deal of money hiring a lawyer to immediately figure out what ACTUALLY happened to see what remedies may be available, including possibly filing a bankruptcy to seek an automatic stay. Retain a real estate lawyer to address this immediately. ... Read Answer

Since you already filed an answer, I don't think that there is anything you need to do at all about the reissued citation.An error in the date would not constitute grounds to quash (which is what I assume you mean by "dismiss") a citation and would not be grounds for perjury, aggravated perjury, or spoliation of evidence.  The citation is simply the legal notice prepared by the clerk of the court telling the defendant that a lawsuit has been filed against them and letting you know when you are required to file your written answer to the lawsuit.... Read Answer

There is no absolute right to appear by video, instead of in person, when subpoenaed to attend a trial on the merits  in Louisiana.  You should talk to your attorney. If you do not have an attorney, you should probably find one. You should also be making contingency plans to be in court, in person, on the trial date.... Read Answer