Litigation Legal Questions

If there is a defaulted loan, make sure the bank is not moving forward with a foreclosure.   It is not clear to my why the bank will not let you pay off the loan.   If it is because you are not the owner, then you need to hire a probate attorney to get the title in your name.  Keep in contact with the bank, so it knows what action you are taking.    ... Read More

I'm not admitted in Florida so I have no stake in this, but you should know that you're not looking for a corporate lawyer.  You want a litigator.  It may be difficult to find an attorney who will handle a non-personal injury case on a ctontingency in this case, especially since there appears to be no fund from which to take a contingency fee unless the business is liquidated, which presumably your mother doesn't want.  Does the other side have the money to buy your mother out and, in effect, pay her lawyer?... Read More

16 is the age of consent and while there relationship is baffling, as long as there is parental consent, there will likely be no trouble...in Connecticut.  I do not know the laws in California. I would advise that they should both find more age appropriate people to see, she being a child and the 27 year old being an adult who should be able to find appropriate company that has hopefully finished growing and going through puberty at the very least. ... Read More

If you exhausted the appeals process, and were dismissed for missing class without a proper note, there is nothing you can do.  If you were dismissed because of the disability, then you could sue.  If the college is in New York, call the Department of Education and file a discrimination claim.  It is free, and they will pursue it.... Read More

If he did the work improperly< there is a chance you could win and not have to pay anything, or at least may be able to deduct any damages the shoddy workmanship caused from the value of the services provided.    If, however, the work was done properly and your objection is solely to the highhanded way he went about things, you would probably owe him the fair value of the work  (what isknown as quantum meruit), which may well be lower than what would have been the contract price, but would be what a court determines is a fair price for the services provided to you and benefit ocnferred on you.... Read More

Is it correct that you opened your safe deposit box using an alias and now you don't have ID for that name?  If that is the case, you may have a serious problem unless you applied for the box with a joint box holder who can legitimately access the box.  Assuming that is not the case, procedures for accessing a safe deposit box vary from bank to bank.  Some will require you to show ID.  Some may just require you to sign an admission form which is then verified against the signature on file when you opened the box.  You should read your box contract, if you still have it, for further guidance.  It may be possible to create a limited power of attorney to enter the safe deposit box, but your lack of ID and the difference in names would pose a problem with that as well, even assuming the bank in question would honor a power of attorney. Beyond these concerns, your decision to put "money" inside a safe deposit box was unwise.  For one thing, if this money was from earnings, you may owe federal and state taxes and, after so much time has now passed, potentially substantial penalties and interest.  If the money you put in the box was from illegal transactions, then law enforcement and the Dept. of Homeland Security can get involved if they determine there is "suspicious activity" concerning the box as reported by the bank.  I am hesitant to advise you further in this regard because I do not practice tax or criminal law, but I think you should consult with a tax and criminal lawyer.  It may also be a crime to open a safety deposit box at a bank using an alias.... Read More

If the matter you are suing for, i.e. the assault, happened here, you can sue here.  The problem is process service.  You may need to get some form of substituted service, but this is no problem in the end.  Then, collection of any judgment is another issue.  If he owns a company here, you should be able to collect.... Read More

I am assuming you are not the conservator for your living parent since they are out of the country.  You are under no obligation to answer for that parent.  Is the person attempting service trying to sue the deceased parent as an individual?  If so, they can't, and you have no obligation to answer.  If they are trying to sue your deceased parent's estate, and you are the executor, you should consult with a probate litigation attorney as to how you should proceed, as there are special rules that come into play in that circumstance.  A process server may also attempt to sub-serve them by visiting your home 3 times and then serving you in person and then mailing a copy afterward.  You may want to get the name of the law office that's trying to effect service and tell them the situation.... Read More

Asking for help after you have already played lawyer is the equivalent of trying to cut out your kids appendix and "asking for help" when you realize you don't know what it looks like with your kids abdomen cranked open. Its likely too little too late at this point as the die is likely already cast. ... Read More

The answer to your question depends on what the pension agreement provides.  Does it have a lump sum option?  If so, can the beneficiary (you) ehoose that option, or was it something the pension recipient (you mother) would have had to choose?  Assuming that you can opt for a lump sum payout, what are the requirements, and what amount will you receive?  The answers are in the pension plan documents.  If you don't have them, ask for them from the pension plan.... Read More

You can be sued regardless of whther you were criminally charged.  You can win if you have a legal defense (for example if the statute of limitations has run out) or if the finder of fact (judge or jury) believes you rather than her.  Your wife cannot be compelled to use her separate assets to satisfy any judgment against you, but I am not sure if California (which is a community property state) would consider your wife's assets as her separate assets; you should speak to a California attorney or accountant about that.  You have no claim for slander for statements made in the context of the legal proceeding, as such statements are pretty much completely privileged, but may have a claim if the person knowingly published (i.e. knowingly communicated to a third party) a false statement about you outside the context of legal proceedings.... Read More

Of course, but you may not be able to file it in small claims court, which in some jurisdictions only handle suits between locals, and may h ave to sue in a higher court, which will have higher fees.  Also, if you sue in your state, you may have to show that the Court has personal jurisdiction over the defendant, i.el. that the defendant has sufficient contacts with your state to make it fair that he/she be sued in that jurisdiction.  Since this suit arises from the defendant's breach of a contract which was to be performed in your state (i.e. to repay money to you in your state), you should be able to meet this requirement.... Read More

You have every right to be upset, but I don't believe that a civil lawsuit is likely to succeed because, although you were emotionally tortured, you suffered no monetary damages directly attributable to the bus company's wrongful conduct.  What you've described would probably closest to the tort of "negligent infliction of emotional distress."  The problem is that, in the jurisdictions in which I practice (it is possible that the law is different in MN) that tort requires some sort of relationship and duty running from the tortfeasor to the claimant.  The bus company had no duty to you. This is not to say that you have no chance of redress.  The bus company's actions could give rise to a criminal charge (impeding a police investigation or the like) and you may want to urge your local prosecutor to prosecute.  Also, you may gain some satisfaction by attempting to publicize the bus company's callousness in the media and consumer protection and advocacy groups.  Also, a complaint to the bus company itself may cause it to offer you some compensation, in fear of the bad publicity your story can generate. I'm very glad your daughter is safe.... Read More

Whether or not to send a C&D letter or refund money or other remedies will depend on the issues. Short of being a lawyer  - not sure what legitimate service you could provide to someone on a court case that if they lost, they would blame you. That stated the cost of a C7D letter varies with the complexity of the issues and when expectation that it will actually stop the other person as opposed to simply enrage them or make the sneakier. ... Read More

If the person who owes you money is deceased, you will need to make a claim against his estate. Go on the Wisconsin circuit court access site to see if there is any type of an estate (probate) proceeding going on. If there is, there is a  time line for filing a claim against the estate. which is usually 90 days after probate is commenced.... Read More

The first thing you will need to do is file a proper written notice of claim per 893.80 of the Wisconsin statutes. Since this is a claim against a municipality, you are required to personally serve the written notice on the proper governmental entity and any of it's employees that you may be aware of who were in charge or caused the damage. The written notice of claim must be filed within 120 days of the occurrence or the claim could be barred. If the claim is disallowed by serving you a formal notice of disallowance, it shortens the statute of limitations to 6 months to file a lawsuit, from the date of the disallowance. You most likely whether there is a formal disallowance or not, have to file a lawsuit to try to collect on the damages caused at your property. This assumes, of course, that you have a valid legitimate legal claim against the city or municipality for the water main breaking. Things break all the time. That doesn't necessarily equate to the city being negligent.... Read More