Join the 9 million people who found a smarter way to get Expert help

Recent Affirmative Defense questions

If someone is driving on the shoulder of the road in thick

If someone is driving on the shoulder of the road in thick traffic, can I pull in front of their way legally, to prevent a crime or injury to other drivers?

Read more

Loren

Juris Doctor

38,764 satisfied customers
I have a general public prosecution law question. What is

I have a general public prosecution law question.What is the job of a prosecutor? As far as I understood, he is a step before the court case where he gathers the evidence from the person being charged and the person pressing charges and links it to the violating law then raises it to court.I have been having a law case and I was given two different advices. One was to go to the prosecutor and appeal to have them not send the case to court.Another (by my lawyer) was to say the least possible to the prosecutor and have the case go to court with the least information possible as I clearly did violate one of the laws so appealing to the prosecutor wouldnt help.Please note that while I technically broken a government law it was due to the fact of a mistake from the government itself... hence the government gave me incorrect instructions.My lawyer wanted the details to come out in court and said that the prosecutor tends to gather info and link them to law violations which is why he wanted the details to come out in court.I would like to know if this sounds like a right strategy and if I am having the correct understanding

Read more

ScottyMacEsq

Doctoral Degree

23,396 satisfied customers
I defaulted on a chase student loan. I am sending them a,

I defaulted on a chase student loan. I am sending them aJA: What state is this in? And when did the issue begin?Customer: check every month. Sometimes they cash it. Two times they didn't. They sent one check back because their machine damaged the check. They won't let meJA: Has anything been filed or reported?Customer: pay on line. I can't keep track of the payments because Indont have access to the account.JA: Anything else you want the lawyer to know before I connect you?Customer: Nebraska. No court action as been taken that I am aware of

Read more

Ely

Counselor at Law

Juris Doctor

66,072 satisfied customers
An ex is threatening to extort me, New York, No, No

An ex is threatening to extort meJA: What state are you in? It matters because laws vary by location.Customer: New YorkJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

Read more

Ray

Lawyer

Doctoral Degree

37,528 satisfied customers
If one signs a settlement agreement with many attachments

If one signs a settlement agreement with many attachments added like never disclose amount, destroy all documents etc. and ten years has passed. Real question, if the plaintiff was coereced into the agreement and the Plaintiffs attorney excepted gifts of two hundred thousand as part of the settlement with the defendant and can be proven. The plaintiff has written a book on the story but would like to know the legal position if real names were used.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: The case I just sent was about the theft of an item by a large company, design etc. Not patent case but big company wanted to go there. This involved numerous counts. Fraudulent inducement, wilfull deceit, unjust inrichment, da da da about nine or so more.JA: Has anything been filed or reported?Customer: No, I've kept it quiet. I've just finished the manuscript of the book. I do have numerous questions like go fiction with false names or use real names and go non fiction. Non fiction could really shake some trees. Me also is what I'm concerned about.JA: Anything else you want the lawyer to know before I connect you?Customer: One more I guess. I note that the statute of limitations of filing in Florida is probably up but what about my signing a settlement agreement that was based on fraud as I see it. Again the case is now ten years old.

Read more

Phillips Esq.

Attorney

Juris Doctor

19,288 satisfied customers
Im trying to write an answer to a complaint and trying to

im trying to write an answer to a complaint and trying to determine if i should include an affirmative defense. its a complaint regarding an unpaid credit card balanceJA: What state is this in? And when did the issue begin?Customer: ca, was served on october 21 so i have until this friday to answerJA: Has anything been filed or reported?Customer: only the part of the plantiffJA: Anything else you want the lawyer to know before I connect you?Customer: I just don't have the $ to pay them what they want when they want it and at the amount they desire. i also have to file for a fee waiver at the court when i file my answer

Read more

Ray

Lawyer

Doctoral Degree

37,528 satisfied customers
I just received a notice of peremptory calendar with a case

I just received a notice of peremptory calendar with a case number. I researched the civil action number and looked at the files that were submitted and the information that they have presented is fraudulent.JA: Has anything been prepared or filed so far? Have you consulted an attorney?Customer: I have not received anything from BOA I just received this letter.JA: Because laws vary based on location, what state are you in?Customer: GAJA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of

Read more

Ely

Counselor at Law

Juris Doctor

66,072 satisfied customers
I am a pro se plaintiff in a civil suit and have messed up

I am a pro se plaintiff in a civil suit and have messed up on the summons service twice. Following that the Legal Documents Branch lost my amended complaint and I could not correct the service. They just notified me that they found the complaint. MY QUESTION: Can I just reserve that complaint correctly or do I have to file a motion to do so. This is in the state of Hawaii. The original service was quashed.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: HawaiiJA: Has anything been filed or reported?Customer: Not sure. Not sure what you're asking. I filed the complaint July 27 and then served the clumsy service. Then the LRB lost it, now it's found again.JA: Anything else you want the lawyer to know before I connect you?Customer: No that's pretty much it.

Read more

374 satisfied customers
I am the Defendant and have just fired my attorney and just

I am the Defendant and have just fired my attorney and just want to end the game and put it out there to get it dismissed. If the Plaintiff has filed a Motion_To_Reset_the_Motion_For_Summary_Judgment, Can answer his Motion_To_Reset_the_Motion_For_Summary_Judgment with my Motion To Dismiss?

Read more

LegalKnowledge

Juris Doctor

32,032 satisfied customers
View more legal questions
In The News