Join the 9 million people who found a smarter way to get Expert help
Recent Burden of Proof questions
My girlfriend's best friend has filed a temporary disorderly
My girlfriend's best friend has filed a temporary disorderly conduct restraining order on me. I don't see her very often, nor do I even know where she lives. I work out of state for months at a time. Should I even waste my time fighting this?
What are the chances of getting restitution if a criminal
What are the chances of getting restitution if a criminal case rules in your favor and you are the victim?We have to decide if we file a civil case where the burden of proof has a lower bar and hopefully win up to $10,000 in Small Claims or SC Magistrate Court. Or do we hand our evidence over to the local police in Myrtle Beach SC and let them investigate then hopefully see them prosecute the case. Although we would be happy to see them found guilty or a crime, what we really want is the money that is due my son.The summary of this case is as follows: My son age 30, had his apartment deposit of $1200 withheld and Landlord demanded $3000 more for new appliances and excessive cleaning etc. They also claimed there was no notice to vacate. They hired an experienced attorney filed a complaint on Nov 4, 2015. We filed a counter claim on Dec 7, 2015. Our counterclaim listed numerous criminal accusations such as falsifying vendor invoices, misrepresentation, using other company letterheads to create false invoices and adding to an appliance company service receipt an amount of$375 and asking for reimbursement. Although there was no written notice to vacate (verbal only and 12 text during the last month.) We can prove that there was notice to vacate by producing the the website rental listing 5 weeks before the date vacated. This was posted by the Landlord with the date of availability just one day after they vacated. We also asked for the previous tenants exit letter to prove that such demands were not made of them and deposit withheld for the same damage. Once the counterclaim was received, they did not respond in the 30 day time . The Judge then wrote the attorney a letter once again stating they have not responded to the counterclaim and if they did not the case would be dismissed. They did not respond and case as dismissed on May 12, 2016. We just found out about the dismissal, in that we do not have an attorney. We have reason to believe the plaintiffs are scared to see what they would have to prove in court. So now we are in the drivers seat and have two years left to resolve this. We want to pursue this case and if we do so in SC Magistrate Court we will now ask for more money than we did on the counterclaim and go for the maximum of $10,000 due to punitive damages. I think we have a very strong case. But can you answer my initial question as to the best way to go . My son now lives in Ohio and would have to fly back to SC for trial and also present the case himself. This is a little stressful but we will do it if we have to. We believe the landlord filed this case thinking since my son moved out of state he would not have the financial means to fight this case and just default. We know of one other case like this with these same people. Look forward to hearing from you
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?
I lost my case in California Small Claims Court. I took out
I lost my case in California Small Claims Court. I took out a $10k loan and loaned to my friend for business and told the Judge it was an Oral AgreementMy friend told the Judge that I did not "loan", that I "gave" him my borrowed money to invest into the business and the profits made will be used to pay back for my loans I took. My friend said he did pay me and has a record of the checks shown that he paid me.The Judge said I should've had this in writing and so it would not be considered a "gift" and ruled for the defendant.I am still not clear on his ruling. My friend admitted some of the money was repaid to me. If I did "give" my money away or if the Judge thought it was a "gift", there be no repayment.Does a lack of a written agreement automatically lose the case, even if my friend admitted repayment?
THIS QUESTION IS EDUCATOR ESQ. I AM pro se in a civil case
THIS QUESTION IS FOR LAW EDUCATOR ESQ.I AM pro se in a civil case in WPB Florida. I'm suing a company for slander/ defamation of character as they published an online publication defaming my name, career as a realtor because I was a witness in a case against them in small claims court. as such I served a verified complaint they received and the attorney for the defendants as filed a:"motion for additional time to answer complaint and to file a counter claim"I do not think they should be given additional time to answer the complaint and their allegation in this motion that I published a defamatory online publication on defendant is false and there is no merit in a counterclaim in which they state they want to file.How do I address this to the judge? Do I write a motion to deny defendant's request for additional time to answer complaint and file counter claim" and/or in addition do I request a UMC hearing on this matter with the judge chambers??Do you know the require timeframe that the defendants have to answer a complaint??
Can I sue boyfiend over a broken arrangement and loss from
Can I sue boyfiend over a broken arrangement and loss from potential gain of a property investment.My boyfriend and I planned to buy a house together in Chicago. I sent him $15,000 cash for half of the downpayment. He signed the contract only in his own name because I was in Australia at the time. We agreed that he would add my name later on closing date. I was actively involved in finding the property and negotiating the sale price. A few days before settlement, he broke with me. He closed the house in his name and returned my cash. There is a $45,000 difference between the purchasing price of $140,000 and the bank appraisal price of $185,000. Do I have grounds to sue for the half difference $22,500?
I mailed her the "bill of sale" so I could gain
Hi Richard! I mailed her the "bill of sale" so I could gain full ownership of the business though she played me, and while she still had access to things, she's blocked me out of my email account, I can't sign in to my business email. She has sold our company's catering truck (that had been put in her name, though a declared asset of the company and had the check written to someone else) she's now holding my company phone, paperwork and inventory hostage. Please help!
I am being sued in Massachusetts by Amica Insurance to aView more legal questions
I am being sued in Massachusetts by Amica Insurance for damages to a room renter in my house whose vehicle got vandalized. Neither the owner of the vehicle or anyone else heard or saw the incident. It is surmised by the owner and the insurance company. Moreover I and the defendent never had one bad word between us.The reason he surmises I did it is my wife and I had an argument. I was intoxicated and created a scene within the house and ended up being taken out of the house by an ambulance after a self-inflicted injury to my head. The police came as well as the ambulance I stayed over night in the hospital I left home at 8:30pm.the plaintiff the next morning saw that his cars hood had holes in it. And because of what happened that evening surmised I did it.I even asked him if he was sure it happened on my property to begin with because he drove home from Worcester that day from work and may not noticed his car was vandalized to begin with. He was certain it must of been me.Now the Plaintiff agrees we never even had a bad word between us. He rented from me for about 2 1/2 years 4 nights a week and would drive home to CT to be with his family Friday-Sunday. We had coffee every morning together. Approximately twice a month we would invited him for dinner and wine. I am a CPA he is a pharmacology professor.The police never came regarding the incident. No charges filed. But things changed because his car was vandalized and he believed I did it. Because again the argument with my wife and I. I punched the wall in anger and broke some dishes and fell to the ground where I banged my head and needed 4 staples my wife had told me she was leaving me for another man. So to him where there is smoke there is fire.I was done at least 10 hours in the hospital when he first discovered this damage to his vehicle.I have no knowledge of how his vehicle was damaged. And there was zero reason and motive for me doing so. Again I reiterate he and I were always on excellent terms for 2 1/2 years.The complaint reads the motor vehicle was struck and damaged as the result of the negligent and/or reckless acts of the defendant Mark S. , his agent, servant, employee or other party.Please let me state at the time we had two other room renters a Cancer researcher and a Chef. Also 3 of my sons were home at the time. We have 6 bedrooms.So am I toast since the lawsuit basically includes everyone in the house. Or where there is smoke there is fire.The statement of damages they want me to pay is $3,710.35 which includes auto damages and rental car. I presume my insurance company did not cover this as well. That is another question should they have?If I fight this in court and lose will it cost me more that $3,710.35.What is your opinion?