Litigation Legal Questions

Owner can give you 60 days notice to get out and then evict based on GA law. Since you had permission to be at the residence, you cannot effectively make a claim based on the time that you have been at the residence (adverse possession). Perhaps you have a contract claim for wages or some other promise? Seems like a long shot. See an attorney.... Read More

If your ex-son-inlaw is suing you, some additional information would help in trying to respond to your question.  If you have insurance, it may provide for hiring a lawyer to represent you.  Call an attorney to schedule an itial consultation. Some of the law schools also have legal clinics, if you live near OU in Norman, or University of Tulsa in Tulsa, that could be a good place to start.  If you are being sued, giving people you are talking to a copy of the Petition would significantly improve y our chance of getting helpful answers.... Read More

A quick two-minute check of the Texas Secretary of State's online business records very quickly confirms that there are in fact two different limited liability companies:  Splash Boat Sales, L.L.C. and Splash Boat Rentals, L.L.C. located at the same address in Kingsland, Texas.  There is nothing wrong or illegal about two companies--particularly two pretty obviously related companies--operating out of the same address.  It would also not be wrong or illegal for both companies to share the same owner(s) and/or employee(s).A person doing business with either one or both of these companies would be wise to determine which entity they are doing business with.  It would seem to make logical sense to me that if you were renting a boat, you were likely dong business with Splash Boat Rentals, L.L.C. and if you were buying a boat, you were likely doing business with Splash Boat Sales, L.L.C., but what documents were involved in the transaction--whether a rental agreement or a bill of sale for example--will ultimately provide evidence of which entity was participating in that transaction.They both sound to me like the type of businesses likely to have a fair number of small claims, so a small claim courts judge may very well have encountered this problem before.  As the plaintiff, you have the burden of proof which means you have to prove that the entity you sued is the correct entity--the one you did business with.  The judge may simply be saving you some time so your statute of limitations doesn't expire before you can sue the correct legal entity.... Read More

As the plaintiff, you have the burden of proving that you in fact sued the correct legal entity.  You ought to have presented satisfactory proof that the entity you sued was in fact the correct legal entity responsible for damage to your boat and trailer. If you disagree with the judge's decision and believe that you presented satisfactory evidence, you may be able to appeal the judge's decision.I further note tha since the dismissal with "without prejudice," if the statute of limitations has not expired, you can refile suit against the correct legal entity.... Read More

That's a question that you should take up with the attorney who is representing you. Your attorney will likely want to make sure that the judgment is both final and definitive so that you aren't held liable for a wrongful seizure if the judgment is reversed on appeal or if there are grounds for a new trial. Clients should always remember that getting a judgment against someone doesn't mean you're going to be able to collect it. In many cases it's entirely possible that the defendant just does not have the money or assets.  It is not unusual for a defendant to resist paying a money judgment, especially to pay the attorney who just beat him in court. When that happens your attorney will advise you of the steps (and costs) involved in collecting from the defendant and you will have to decide whether it is worth the time and expense.... Read More

You need a mentor. I'll humor you as briefly as possible. We know the felony murder rule tells us that the robber thusly convicted is responsible beyond a reasonable doubt in a criminal capacity. Civil liability can follow at the lower evidentiary threshold for direct, vicarious, or concerted liability under a handful of theories. You're really asking if there is a way to hold the employee, and by proxy the employer, liable. There is a Plasgraf issue (248 N.Y. 339 (1928)), whether the bank employee owes a duty to customers to prevent injury or death during a robbery. Arguably, you can make a case either way. The second issue, assuming such a duty can be found, is whether the employee breached that duty of reasonable care. The existence or non-existence of one document, in particular, will be critical to both issues: written bank policies on cooperation with robbery demands. I'm no expert on the subject, but I've never heard any employer or law enforcement agency suggest anything than cooperation. Recent news stories have put employer stand-down policies front and center. Presumably, such a policy recognizes that non-cooperating can expose anyone on the premises to danger.  And a good secondary source of authority would be law enforcement and industry guidelines on the same topic. Bottom-line, there's no correct answer. Here's a secret that most law school students and graduate forget for approximately six years from the day of their first class: facts matter. Facts trump law because facts tell us which law to apply and which hedge to trim.  The facts of this hypothetical, as created by the professor, will give you one or more hooks to demonstrate your legal analysis. Spot the Palsgraf, identify the criminal versus civil standard, spot the employee liability versus employer-vicarious liability issue, and identify those facts which support either conclusion and take a position. ... Read More

Any time that a minor receives a settlement from an accident case, said settlement must to be approved by a judge. So you can call the court clerk in the county where the accident happened and they can find the case number by the minors name. The insurance annuity paperwork should be attached to the court order which would identify the insurance company policy number and contact information. ... Read More

first I assume you have a lawyer, they got a settlement so must have been doing something right- this is best directed to them. regardless of what the settlement says, settlements are only as good as the people you sign them with. they may have breached because their business has gone down. either way, assuming your lawyer did their job, the Settlement Agreement will have default language.   good luck... Read More

You may be able to sue the dealership for negligence.  Our justice of the peace courts have jurisdiction over small claims like yours where the amount involved is less than $20,000.  One of the benefits of our justice of the peace courts is that you do not need an attorney, so you will not need to pay a lawyer $25,000 upfront just to try to recover a $7,000 repair bill.  Most justice of the peace courts have pamphlets and brochures that tell you exactly how to pursue a small claim in their court.  You will want to go to the justice peace court in the county and precinct where the dealership is located.  ... Read More

Greetings.  It appears you would like to file a motion for default judgment.  In New York, to file a motion for default, there are certain initial steps that may have to be taken, such as sending a second copy of the summons and complaint to the defendant.  If these steps are not followed, the court will most likely deny the motion.  The pro se offices may be able to provide information to a litigant to help them with the process.  Otherwise, hiring an attorney is the next best option.  Good luck.... Read More

The court not the attorney for the other side decides what comes in and doesn't at a hearing. Ask the court for permission to present your evidence. Just know the evidence has to have relevance, it also has to be from a trustworthy source and it must show something that actually prove something. Good luck!... Read More

Yes, you can and you should.  Ideally, you should hire the attorney who already reviewed your case and determined that your rights were violated.Civil rights cases are fairly complex and require the assistance of an experienced attorney who practices in that particular area of law.  Most attorneys do not know that area of law well enough to provide competent, well-informed advice.The fact that you already found one who reviewed your case and determined that your rights were violated is propitious.  Hire him or her and make sure you properly fund your lawsuit.  Many litigants in your situation give up because of the high cost of legal fees in this type of case, and the low probability of successfully recovering anything.  ... Read More

A party (you) cannot be the person who serves the summons (actually , it's called the citation).  You need to send the citation and a copy of the complaint to an officer or private process server authorized to serve such documents in the State of California.  That officer, or private process server, will then send you either a Return or an Affidavit of Service for you to file with the court.... Read More

Defamation is the publication of a false defamatory statement of fact about a person.  From your question, it sounds like the information your sister disclosed was truthful, not false.  Moreover, the statute of limitations for defamation is one year.  Since the disclosure occurred ten years ago, any claim would probably be barred by limitations.  With the exception of nominal damages for certain types of statements which are considered defamatory per se, your question does not indicate how the disclosure caused you to suffer any sort of compensable damages.  Finally, disclosing past medical history to nursing staff probably isn't defamatory.... Read More

Without seeing the dockets, I cant answer the question with certainty.  If you filed Preliminary Objections (Pos) which were sustained by the court, Plaintiff may amend without leave of court.  If the case was dismissed based on Pos, the Plaintiff can theoretically file a new and better complaint.  If the prior cases were dismissed, as opposed to a final judgment in your favor, the Plaintiff may proceed until or unless a judgment is entered in your favor or the court dismisses the claim with prejudice. I am happy to review the case on a free initial basis, so feel free to call or email. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

You may be able to sue the driver for property damage, as well as personal injury, damages, and recover based on the insurance policy limits of the auto coverage. If he has an umbrella policy, or another insurance policy, that would cover these damages, that would also be a source of recovery.     ... Read More

A summons is prepared by the clerk of the federal court where a case is pending.  The litigant then sends the summons and a file-marked copy of the complaint to the person who will be serving the summons on the defendant.  If the defendant is located in Texas, that person will most likely be the constable for the county and precinct where the defendant resides or a private process server.  The litigant cannot serve the summons.When that person successfully serves the defendant, they will send the litigant a Return reflecting when and where the defendant was served.  The litigant then e-files the Return with the court.... Read More

Ms. Raines,  I'm sorry this happened to you.  It actually happened to my wife and I many years.  we were lucky and only the dryer was damaged. Regarding your question of whether you can get more than just a refund, it is going to depend on what actually caused the fire.  For example, if the dryer was defective and that was the cause of the damage, it is possible to make a claim for the damage to your house.  but, if, for instance, the dryer caught fire because there was excess lint in the trap, then making a claim would be very difficult. Considering the recall and the company's willingness to get a refund, I suspect the fire was caused by a defective product.  You should call a products liability attorney to discuss this. but, you are likley going to encounter that most products liability lawyers dont handle claims just for property damage. Bringing products liability claims is very expensive. I would suggest sending the company a complete estimate for the repairs that are needed/already finished and ask them to pay for it.  See what their response it.  Good luck! Tim ... Read More