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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32323
Experience:  Began practicing law in 1992
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I need to file an injunction in Federal District Court of Southern

Customer Question

I need to file an injunction in Federal District Court of Southern Florida to cause the Department of Justice to show reason why I am being excluded from a victims remission fund. How can I do it, I cant find a lawyer who will help me
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.We can't actually tell you what to put into a pleading due to the rules of the website as well as other issues.Are you asking the steps to file for an injunction?
Customer: replied 1 year ago.
Yes, I would also be grateful if you or someone could lay out the pleading for me
Customer: replied 1 year ago.
tell me the steps to take to file the injunction, do I have to go to Tamoa or can it be filed in any federal Courthouse
Expert:  Dwayne B. replied 1 year ago.
Unfortunately, as I stated above we absolutely can't provide the pleading or the language. You can likely find one online or at the clerk's office but the website prohibits us from doing it.
Before we get into the procedure, how many lawyers have you spoken to and what reason have they given for refusing to take the case?
Customer: replied 1 year ago.
Most of the lawyers I know are real estate attorneys, I did contact one in California but he wants 10,000 up front only
to write a letter, I wont be able to afford an attorney at that rate so the best I can do is to try it on my own
Expert:  Dwayne B. replied 1 year ago.
I'm not 100% sure that an injunction is the way to go for what you want to do. Did the attorney discuss other options or causes of action?
Also, you can get a contract lawyer to draft the pleading for you at odesk.com or freelance.com for a reasonable fee, let's just be sure that an injunction is the way you want to go.
Why were you denied from being a part of the fund?
Customer: replied 1 year ago.
All the attorney said was that we had to file a complaint to try to stop the exclusion and that once the fund was exhausted there
was nothing more i could do, if not an injunction then what should I do/
Expert:  Dwayne B. replied 1 year ago.
Did you look to see if there is an appeal process you can go through to get included?
Injunctions are difficult to get so if there is a better way to do it that's the route. Maybe a declaratory judgment combined with the injunction.
Do you know of any reason you wouldn't qualify to be a part of the fund?
Customer: replied 1 year ago.
There is absolutely no reason to deny me, I filed on time which was recognized by the court, I submitted all requested documentation and then some, they havent stated why they denied me and thats the purpose of the law suit to find out why,
Customer: replied 1 year ago.
I think that they either loss my doccumentation or that the person who reviewed it had no clue what they were doing
Expert:  Dwayne B. replied 1 year ago.
Probably an injunction and a declaratory judgment is the way to go then. An injunction to stop the exclusion and then a declaratory judgment to declare that you meet the requirements and should be included.
I'll put the directions below. A declaratory judgment is really just a lawsuit seeking the court to declare something as a matter of law.
A lawsuit generally follows this process:
1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intent to sue for to determine what court is correct. In your case the small claims court is correct.
2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.
3) The sheriff will serve the defendant with the lawsuit.
4) The defendant will file their answer.
5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.
6) After that the next step is to set the case for trial.
7) During the trial you introduce your evidence and they introduce their's.
8) The judge renders a judgment and a written order is entered.
That is the basic process of a lawsuit.
The steps to an injunction are:
1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.
These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.
Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.
If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.
There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.
I'd also recommend you pick up some books on representing yourself. I like the ebooks at this site. You would initally want to look at the ones on discovery and legal research.
Customer: replied 1 year ago.
Dwayne,
I did write a letter of appeal for a rehearing but this has been going on for 5 years and I fear that they will aribtrarily say that I am not qualified and I know people one person in fact who did not loose any money but the DOJ haas stated that they will be given quite a substantial amount
Customer: replied 1 year ago.
The defendant is the department of Justice
Expert:  Dwayne B. replied 1 year ago.
How long ago did you appeal and did anything happen with that appeal?
Also, you never answered about why you couldn't find a lawyer? Was it just the money issue you mentioned and did you try other attorneys?
Customer: replied 1 year ago.
I sent in the written appeal yesterday, i am still trying to find an attorney who would help me on a contingency basis
Expert:  Dwayne B. replied 1 year ago.
That's going to be almost impossible to do. This isn't the kind of case lawyers usually take on a %.
You probably want to keep looking for an attorney but you are almost certainly going to have to complete the appeal before you will be able to file anything in the federal court. The DOJ is going to say you failed to "exhaust all administrative remedies" if you file before they deny the appeal.

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