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Recent Affirmative Defense questions

My husband was served a citation for a debt claim and I'm

My husband was served a citation for a debt claim and I'm trying to figure out who to file our response - we know we owe the debt but due to decrease in income we couldn't afford the payments anymoreJA: What state are you in? It matters because laws vary by location.Customer: texasJA: Has anything been filed or reported?Customer: yes we have a case number ***** 14 days to respondJA: Anything else you want the lawyer to know before I connect you?Customer: I know i can type a letter I'm just not sure what to put on the letter

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Ely

Counselor at Law

Juris Doctor

68,128 satisfied customers
I am amending my third-party complaint against an officer of

I am amending my third-party complaint against an officer of a Corp. and additional defendants. I filed a counterclaim against the Corp. Since I am bringing in additional claims and adding additional facts, will I need to move the court for leave to amend my counterclaim against the Corp? The plaintiff has not answered my amended counterclaim, however, the other defendants named in my Third-Party Complaint have, which, I do not understand since it is a Counterclaim against the Corp.

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Legal Eagle

Attorney

Doctoral Degree

852 satisfied customers
I need to find out if my previous landlord broke any laws.

I need to find out if my previous landlord broke any laws.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: WIJA: Has anything been filed or reported?Customer: They've sued us for $10,000.JA: Anything else you want the lawyer to know before I connect you?Customer: They tried to have us evicted when we said we would have the house tested for lead before signing a lease.

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Ely

Counselor at Law

Juris Doctor

68,128 satisfied customers
It's quite simple really. Can a Canadian be sued for torts

It's quite simple really. Can a Canadian be sued for torts that are recognized in the United States but not in Canada?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MississippiJA: Has anything been filed or reported?Customer: Not yet Only threats...JA: Anything else you want the lawyer to know before I connect you?Customer: I guess it might be pertinent to know this pertains to Alienation of Affection

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Ely

Counselor at Law

Juris Doctor

68,128 satisfied customers
Two of the defendants I named have been challenged in a

Two of the defendants I named have been challenged in a motion to dismiss. If I want to concede the point and allow them to be removed; do I have to file an amended complaint?The motion to dismiss has other challenges that I don't want to concede; when I make my arguments about the contested issues in the response (is my response a motion to deny their motion; or is it called something else?) I presume I ought to request a hearing on the subject?

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Irwin Law

Juris Doctor JD

9,510 satisfied customers
I am a defendant in the NH district court facing a judgement

Hello - I am a defendant in the NH district court facing a judgement to repay a debt to a credit card. I believe the statute of limitations had expired before the judgement was made (SOL: 3 years) but the plaintiff claims the filing was 'Timely'JA: Because laws vary from place to place, can you tell me what state this is in?Customer: New HampshireJA: Has anything been filed or reported?Customer: The court made a judgement on September 9, 2016 against me - but the last payment was made May 6, 2013JA: Anything else you want the lawyer to know before I connect you?Customer: I filed a motion to Vacate because of the SOL, because the plaintiff did not respond to my request for validation of the debt, and because I was not served notice of the hearing date in due time.

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Legal Eagle

Attorney

Doctoral Degree

852 satisfied customers
If a person owes me, lets say, $25,000 (plus interests). If

if a person owes me, lets say, $25,000 (plus interests). If that person finally paid me only $20,000 check with a statement "Take it or leave it" -like remark if I sign that check. I sign and cash that check anyway (think that better get something than nothing). Can that person legally do that and I will be out of $5,000 (plus interests)? Or, can I sue that peron for the difference? Thank you.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: I got it in writing and in email. but I didn't have enough "legality" on print to file a lean on that person.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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RobertJDFL

Attorney

Juris Doctorate

13,880 satisfied customers
Is the doctrine of laches available as a claim as well as a

Is the doctrine of laches available as a claim as well as a defense? I have only heard it referred to as an affirmative defense. I want to use it in a wrongful foreclosure case (along with the SOL and other claims).

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
This question is for Emplmntlaw1. Question: In my Response

This question is for John Emplmntlaw1.Question: In my Response in Opposition to Plaintiff's Motion for Judgment on the Pleadings, should I bring up the fact that plaintiff (dept of education) didn't attach any promissory notes/loan apps/anything-at-all-with-my-signature-on-it in their Complaint? (The only evidence they included were three Certificates of Indebtedness.) Or should I address ONLY the fact that my Answer to the Complaint was in fact legally adequate?Background: I'm being sued for allegedly defaulted fed student loans. I had asked you previously (http://my.justanswer.com/question/index/f4b1d6fae0394ef7bbecb810a18f2c5d) whether plaintiff's claim in its Motion for Judgment on the Pleadings was correct - that my Answer was inadequate.I'd answered "Denied as untrue" to the allegations; and I had a single affirmative defense: "Failure to state a claim upon which relief can be granted." You said plaintiff was incorrect; that my Answer was adequate.

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John

Attorney

Doctoral Degree

8,686 satisfied customers
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