Join the 9 million people who found a smarter way to get Expert help
Recent Burden of Proof questions
Can a Private or Christian school sue or stop the local
Can a Private or Christian school sue or stop the local Government School system for offering fee Home Schooling online when many student do not want to attend the Government School because of issues in them if not why not they are taking away possible students
Summary Judgment granted against Defendants in civil circuit
Summary Judgment granted against Defendants in civil circuit court, Kentucky. What now? Judge doesn't seem to like pro se defendants. Complaint filed, Answered, Motion for SJ with Affidavit; Response; Reply by Defendant; Reply to Response to Plaintiff's Reply - stricken by judge; Re-noticed to Amend Response - judge ruled even though it's on the docket to be heard on Monday.... what now?Daughter owns house; dad sold it to her in 2006 with verbal agreement; daughter never paid any mortgage nor utilities nor maintained it; Dad filed a Prelien notice then a Mechanics' lien to prevent sale of house; she filed complaint in civil circuit saying Dad filed false and malicious mechanics' lien and his girlfriend acted as an accomplish by impersonating Plaintiff.
My grandfather loaned me money for a car while I was in
My grandfather loaned me money for a car while I was in college. Once I started working I starting giving him his money back. Now that I have a real job is demanding I give him more and he keeps changing the amount that he says I owe him so he can receive more money. If none of my payments to him have been in writing, how will I fair in court? Considering it was my grandfather, I did not think I would need proof of payment because I have been paying him.
I have been attempting to resolve a legal issue that is
For LegaleaseI have been attempting to resolve a legal issue that is outlined in the Background attached hereto. Previously I discussed the issue with Law Educator and I am happy with the info he provided. However, I would like a second opinion regards ***** ***** of issues, and I have a couple of additional questions as follows (details of the case are provided in the Background and additional attachments):1) As noted in the background, I have been unable to perform personal service. I have filed the attached OSC twice and both times, the Court date came without success of personal service. Both times I requested to be able to perform substitute service and both times the Court ruled that this is criminal contempt and must be personally served. I am about to file this OSC again for the third time and I am considering requesting a ruling that this be treated as civil contempt, which is, as I understand, within the discretion of the Court. As a civil contempt, substitute service becomes possible under CCP 415. However, Law Educator states that a Default judgement would limit the judges ability to enforce and he suggests that I should hire a private investigator.(1) Do you agree that personal service is important to subsequent enforcement? Based on my limited experience, a good result for me would be a Court Order that money be paid. A court would not collect, so I would have to take collection action anyway. That would include recording an abstract of judgement against defendants assets and/or attachment of income. How does that change with respect to personal vs. substitute service?(2) Another apparent disadvantage to criminal contempt is defendant protections like burden of proof beyond a reasonable doubt, and double jeopardy. This case has already been before a judge 9 times since 2014, and several more times since 2004. On at least 2 occasions the case was dismissed due to technicalities. My guess is that the double jeopardy clause might have prevented re-filing as a result. The main issue for me in this case is the return of the money - not any punitive action. As a result, I see a significant advantage to me for this to be handled as civil contempt. Law Educator states that it is a reasonable request to make to the judge to treat this as civil vs. criminal contempt. Do you agree? Do you have anything to add?(3) What is the best way to advance the request for civil contempt? As I understand, the decision for civil vs. criminal is based on the relief sought by the petitioner. One non-notable source states "civil contempt sanctions aim to either: (1) restore the rights of the party who was wronged by the failure to satisfy the court's order; or (2) simply move an underlying proceeding along. Civil contempt sanctions typically end when the party in contempt complies with the court order, or when the underlying case is resolved", whereas criminal penalties are punitive. As such, I could simply re-write ATTACHMENT 8D-2016-4-2, REMEDY, on page 11, line 6-7 to state: "Clarke requests that the Court find Ashton guilty of contempt...". And, remove Item 2, punitive sanction. Is Item 1 regards ***** ***** for 10% interest ok or would that be considered punitive? Do you have any other suggestions on how to make the case for civil contempt for this new filing?
Attorney At Law
Doctor of Law w/ highest honors
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 outView more legal questions
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?