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Recent Affirmative Defense questions

I was recently involved in a car accident because I was

Hi there. I was recently involved in a car accident because I was sleep driving. But the police has given me a text while driving record.... which is not true... I have the phone bill that clearly state that I wasn't using my phone for any matters, and I don't have a habit of using my phone during that time (way to work). So I was wondering how should I defend myself at court? If I said I was sleep driving, can they give me a new ticket for that? Thanks! I live in MASS btw.JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: MassachusettesJA: Do you need to appear in court?Customer: It's not a criminal ticket.JA: Anything else you want the lawyer to know before I connect you?Customer: How much do you charge for the lawyer??JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: Ok then.

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Dwayne B.

Juris Doctor

35,342 satisfied customers
I have a couple of questions, actually; I'm kind of having a

Hi Pearl! I have a couple of questions, actually; I'm kind of having a hard time crunching all the legal jargon.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Oh, California.JA: Have you talked to a lawyer yet?Customer: Not yet; I can't afford a lawyer.JA: Anything else you think the lawyer should know?Customer: It's a collections case? I think? The resources I've been getting say it's an Unlawful Detainer case, but I don't know. It's a civil case.JA: Since laws vary from place to place, what state is this in?Customer: ...California

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Dwayne B.

Juris Doctor

35,342 satisfied customers
When I file an answer to complaint, do I also write a cover

When I file an answer to complaint, do I also write a cover letter with my side of the story?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: WASHINGTON STATEJA: Have you talked to a lawyer yet?Customer: No, Don't have the resourcesJA: Anything else you think the lawyer should know?Customer: We just need to file an answer to a complaint by a customer

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Dwayne B.

Juris Doctor

35,342 satisfied customers
I have been served a summons for non payment of child

I have been served a summons for non payment of child support. Summons was issued 3 days after withholding order was given to my employer. How do I file an answer to this summons?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I am in arrears for 1,752.00 dollars because I was not working. But the IRS sent my tax refund of 528.00 to OAG for tax year 2015. OAG has not deducted that amount from arrearage. I have a current withholding order is affect. The support had been sent to OAG but they still issued a summons.

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32 satisfied customers
I am representing myself Pro Se in a breach of contract

I am representing myself Pro Se in a breach of contract civil case. Originally the defendant was also representing himself Pro Se, and actually filed his signed answer to the complaint with the court. The judge issued a Scheduling Order, advised both of us to get a lawyer, and gave us both until Sept. 18th, 2015 to add third parties or file amended motions. On Sept. 18th an attorney for the defendant filed his Entry of Appearance, filed a Motion to Amend Answer, Motion to Assert Affirmative Defenses, and a Motion to File Counterclaim. The judge allowed it. In the defendant's original answer he admitted 15 of the 19 allegations. In his amended complaint he denied 18 of the 19 allegations. I filed a Motion for a Partial Judgment on the Pleadings based on the defendant's Original Answer to Complaint and a Motion to Strike Defendant's Affirmative Defenses and Counterclaim, but the judge denied it. We proceeded to Discovery. I filed my list of expert witnesses and propounded my Interrogatories, Requests for Admission and Production of Documents. The defendant requested no discovery, nor did he respond to my discovery requests. I filed a Motion to Compel, which the judge granted. He gave the defendant 30 days to respond. Time was up on June 18th (Saturday) so the defendant had until 5 p.m. on Monday to file. Nothing was filed on Monday. On Wednesday, the 22nd, the defendant's attorney faxed a Notice of Service of Discovery Responses (dated June 20th) to the Court, along with the defendant's Answer to Requests for Admission. On Thursday, when I still hadn't heard from the defendant, I went to the clerk's office to see if anything had been filed. That's when I discovered that the Notice of Service and Answer to Request for Admissions had been faxed to the court. The clerk gave me a copy of a letter that was sent to the defendant's attorney advising him the clerk's office was unable to accept or time stamp faxed paperwork and that he would either have to mail in his documentation or file it in person, which the attorney did on June 22. I requested a copy of the General Docket. It was then I discovered that the attorney had also faxed his Entry of Appearance, Motion to Amend, Motion to Assert Affirmative Defenses and Motion to File Counterclaim on September 18, 2015 and then actually filed it three days later. The Entry of Appearance, Motion to Amend Answer, Motion to Assert Affirmative Defenses and Motion to File Counterclaim are all time stamped Sept. 21. (3 days late). At this point I am wondering if anything that's been filed by the defendant other than his original Answer to Complaint is even legal? Not only has the defendant not obeyed court ordered discovery (Not one of 81 document requests produced; responses to Interrogatories perfunctory, deficient and providing no substantive information ), his Answer to Request for Admissions is untimely, therefore deemed admitted, I'm not even sure if he is legally represented.Your thoughts?

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Dwayne B.

Juris Doctor

35,342 satisfied customers
I am an international student in (No SSN no credit score), I

I am an international student in Virginia (No SSN no credit score), I am living with an American roommate (who cares about his credit score) and our lease is ending in a week but we haven't given them a written notice that we are leaving (which we should, 60 days before leaving). Let's say we leave and the lease says we should pay around $2000 for breaking the lease, which we don't, how would that affect my roommate's credit score? And how would that affect me (I don't have an SSN nor a credit score)? Do we have to go to court? Do we have to pay them back? Or do they just send it to debt collection and just affect our future contracts?

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
I have a dismissal for Want of Prosecution for my

I have a dismissal for Want of Prosecution for my countersuit to a judicial foreclosure. This is the second time this has happen. How do I get my case settled. I think my attorney is just taking my moneyJA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: Texas.JA: Have you talked to a lawyer yet?Customer: I have a lawyer but he isn't pursing a trial by jury. He just lets the case sit out there until they dismiss it. Then they come after me againJA: Anything else you think the lawyer should know?Customer: What are my options because it has been 6 years with fighting for my hhome and I'm getting tired

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Dwayne B.

Juris Doctor

35,342 satisfied customers
My ex and I own a home in Mansfield Ohio that our daughter

My ex and I own a home in Mansfield Ohio that our daughter lived in for several years without paying rent. She moved out about 5-6 months ago with most of her stuff. I spoke to her last week telling her to get the rest out because we need to sell the house per our divorce court order. It's still there. Can we legally move the rest out and take it to her new residence and put it in her drive without her calling the police on us?

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
Can I sue my attorney? Three years ago I was convicted of a

Can I sue my attorney? Three years ago I was convicted of a dui with a .09 bac. Because I had a minor with me, I was also automatically charged and convicted of child abuse. I had drank less than 1 - 16 oz. beer. I had a tooth extracted the week before the dui and I still had a partially healed pocket in my gum. I believe I was retaining fluids in that pocket and that was what caused me to fail the breathylzer. I could drink tomato juice and taste it for 2 days.When I relayed this to my attorney, his response is "no judge is going to buy that. You can't afford me to take it before a jury or pay for an expert witness (dentist)." He advised me to plead guilty and take my licks. My licks included a 30 day jail sentence for the child abuse conviction. I asked my dentist if the tooth extraction could leave a pocket causing me to retain fluids. His response was "absolutely".I lost my job when I was in jail. I have since not been able to get another job because of this conviction on my record. I was an IT professional. I can't even get a PT job at Bojangles.Is there any hope that I can get this off my record? Because I pleaded guilty, I understand that I cannot possibly have this expunged from my record.I believe this was incompetence on my attorney's part for not allowing me to plead not guilty. Can I sue my attorney?

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ScottyMacEsq

Doctoral Degree

22,520 satisfied customers
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