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Recent Circuit Court questions

Is it possible to put a restraining order on a US citizen,

HIJA: Hello. What do you want help with?Customer: Is it possible to put a restraining order on a US citizen, from Guatemala. There is a US citizen that will not stop harassing me or my family. I want to slap the full force of the law on himJA: Because laws vary from place to place, can you tell me what state this is in?Customer: He is from Alabama, lives in Florida. I am from and live in Guatemala, GUatemalaJA: Have you talked to a lawyer yet?Customer: NopeJA: Anything else you think the lawyer should know?Customer: Yeah. He is a veteran, young vicious dude. He is mentally unstable

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Zoey, JD

Doctoral Degree

29,176 satisfied customers
This was a service company inc that started a retail shop

this was a service company inc that started a retail shop with copiersand printersWe was forced to close in 2008 and Chap 7 and 11 were filed and done in 2009We opened a new service company in 2009in 2012 a judgement was filed and granted with out any notice to the new companyThere were no signed doc from the new company that would give the plaintiff reason to expect we would settled when the business was closed and the 2009 BK was then finished with them listed as one of the creditors.How can this company get away with getting a judgement against a new corpWhy become a corp if you have no protection from these type of actions

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DrakeLAW

Juris Doctorate

544 satisfied customers
I received a Judgment for the plaintiff (me) "case defaulted

I received a Judgment for the plaintiff (me) "case defaulted on defendant's failure to comply with prior Orders" in NH Small Claims. Defendant never responded to my motion for a default judgment during the 10 days he had to (or after). Judgment was rendered and all parties notified. 30 days to pay me (which he never did) or respond to the court about the motion or judgment the judgment during that 30 day period. I filed a motion for periodic payments and 3 days later he has an attorney (now) and he files a motion to strike Default Judgment. Is that even an option at this point. 1. missed deadline to dispute my motion (10 days). 2. missed deadline to pay me per court orders (30 days). 3. missed window to appeal to NH Supreme Court on basis of law (30 days). Is this something I need to be concerned about or is defendant just wasting everyone's time.

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CalAttorney2

Attorney

Doctoral Degree

19,456 satisfied customers
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.

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Dwayne B.

Juris Doctor

35,356 satisfied customers
We have a signed contract with a large company. We have

We have a signed contract with a large company. We have started the design of the service they have ordered. They were supposed to issue payment by August 15th. However, no payment has been received and they are now ignoring all attempts we make to contact them. Do we still have a change of getting the money owed to us or do we have to forget about this?

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Sam

Attorney

Doctoral Degree

31,936 satisfied customers
My son plead guilty to a offense in Missouri in 2005. The

My son plead guilty to a sexual offense in Missouri in 2005. The charge was classified as a misdemeanor, with the requirement to register as a sex offender. We have become aware of a statute (Section 589.400.1 of the Missouri constitution) that allows to petition for relief from that requirement. He now lives in Texas and registers as required once per year. We have not been able to determine how to submit a petition.

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LawTalk

Attorney at Law

Juris Doctor

32,462 satisfied customers
I live in California my father passed away 4 years ago and

I live in California my father passed away 4 years ago and left me a house. what do i need to do too put the house in my name.

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Dwayne B.

Juris Doctor

35,356 satisfied customers
Was serve on Aug 3 to respond to a divorce, when is my

Was serve on Aug 3 to respond to a divorce, when is my deadline to request postponement? And longest possible tome granted?

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legalgems

Juris Doctorate

13,542 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

35,356 satisfied customers
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