What are the elements of "malice" necessary to sustain an
What are the elements of "malice" necessary to sustain an action for malicious prosecution ? In other words what is necessary to prove malice to the satisfaction of the court? Malice is one of the six elements necessary to sustain an action for malicious prosecution as stated in Elmer v. Chicago & N,W.R. Co. (1950), 257 Wis.228,43 N. W. (2d) 244.
I bought a truck sunday and registered and insured it by
I bought a truck sunday and registered and insured it by tues. Have it in the shop they just fixed AC, brakes and steering on it for 2k I paid 3,800.00 for it. Today a detective called said I bought it illegally and they can confiscate it. The guy had the title not a request for duplicat or anything like that. He said he bought it from one of two brothers going through and inheritence dispute and the brother sold it to him the detective said the other brother had legal executor rights to it and detective said they can take it from me if the DA and other brother donot file a civil suit against the other brother. How can they? Maybe the brothers are running a scam selling stuff and splitting the money and taking the stuff back?JA: What state is this in? And how old is the truck?Customer: California the truck is a 1995 ford 350 need work but runs.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I bought the truck off craiglslist and never met the guy before but he had an official title to it and DMV registered it etc. I called the guy and he said he bought it legally after I got the call from the detective. I know I thought I bought it legally can I file against them if they take my truck?
I am involved in a civil action that is nearing completion.
I am involved in a civil action that is nearing completion. I recently received a settlement offer that includes an indemnification clause that reads as follows: " the estate ( represented by me) will indemnify, defend, protect and hold defendants harmless from any and every lose, claim, expense, demand or cause of action of any kind or character concerning the circumstances, incidents or events alleged in the Action, no matter by whom asserted or initiated.In Conclusion before I meet with my lawyer I want to understand what this means.
MN Legal Question To whom it may concern, I have had many
MN Legal QuestionTo whom it may concern,I have had many issues with my ex-boyfriend over the course of the past year, and was hoping I could get some guidance on the best way to approach the situation(s).To begin with, he opened a number of credit cards in my name (some he placed himself on the account as joint status, some as an authorized user, and some I was the sole individual on the account.) A couple of these I was aware of and agreed to, some I was told by him that I was just an authorized user (where in reality, it was actually just me on the account). This happened over the course of the past couple of years. He lost his job eight months back, disappeared for a while, and I got stuck with all of the debts on the cards, amounting to well over $10,000. I tried to act on a couple--went as far as calling and submitting fraud claims--but backed down when he said he would pay me back as soon as he was able. I was reluctant to pay for most of them, but ultimately ended up making payments when I saw what it was doing to my credit. It has been months since I discovered the problems with these accounts, and I still have not been paid by him and am tired of waiting. One account for an AmEx card I tried to contact again recently, and the woman in the fraud department said I was no longer able to act on the fraud claim. Should I expect that with all of the accounts; does it imply responsibility for the accounts, that I have been making payments; What are my options?Another issue I have run across is with my 401(k) from a previous employer that I had not yet rolled over to my current account. In May of this year, I had discovered that he had gone into my online account in December 2015, requested to withdraw the balance of the account (approx. $13,000), got the letter with the check in the mail, forged my signature, placed it into a joint account we had for bills. All of this occurred while I was at work. I knew the joint account idea was an awful one, and I had refused to be added for over a year, but was constantly being harped on about it in that same month he did this, so I gave in, thinking "What's the worst that could happen?" Anyhow, Prudential sent me a photocopy of the check to verify the signature was not mine, and I sat on it for a couple of months because I got the same line about how I would be paid back. I finally called back once it became clear I was still not going to be paid, and they sent me a form to fill out and return that stated I did not authorize, receive, sign, or benefit from the proceeds of the check. I'm not at all sure what he did with the the money. Is it going to be a problem that he placed it into an account where I was a joint account holder? Is there any particular way I should be handling this one?Finally, there was also an issue with my tax refund for this past year. We shared a computer and he would frequently go through my emails and logins for websites. TurboTax would send me notifications of when they received my W-2's, and I was waiting on one more to go ahead and file my taxes for 2015. Well it came in while I was at work, he went ahead without my permission and filed my taxes. I came home, got upset, but ultimately thought "Whatever, I'm still getting a refund." Nope. He had set it up to go into that same joint account. We had a huge fallout between the two of us in February, a week and a half before the deposit hit. I talked to TurboTax, they said once it's submitted they cannot do anything. I talked to the IRS about rerouting the funds, they said they could not do anything either. I talked to the bank about blocking the funds, they said there was nothing they could do, and that I should just watch the account like a hawk. It finally came in one day at Four or Five in the morning, and he immediately transferred the funds to his personal account. I had this whole debacle with the bank because the funds showed back up into the joint account, I transferred them to my personal account, but apparently it was not valid because some glitch had been caused in the system. When I saw that the account was negative two times the amount of the refund, I went into the bank to see what the situation was, explained my situation, and the bank manager said that I would receive the funds once they had worked it out. Ultimately, they gave him the funds, thought that there was some sort of wire fraud trying to be committed, and now neither of us can bank there again. What is my best way of handling that entire situation with the taxes?I made the mistake of trying to be lenient on someone who is clearly deranged, and I'm worried I may have waited too long. I wanted to believe he would do the honorable thing and pay me back, but it just did not happen. Any advice would be more than appreciated, because at this point I am out close to $30,000.-S
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 wife had a temporary restraining order on me which she
My wife had a temporary restraining order on me which she dropped.The dropping of the TRO case was linked and transferred to another civil orderThe language of the new Civil Action Order state that‘The parties shall be refrained from any form of communication exempting communication as to their daughter and parenting time'My question was :1. If my spouse asks some ancillary questions e.g on Password ***** Wifi or her credit card bills or her frequent flier files\vehicle etc am I able to converse with her.2. If we are both at a point we are amicable and civil and confident about each others behaviour can we both attend our daughters birthday party together or can we take her out to lunch together.I guess the main question is that is this a civil agreement that allows us to based upon our confidence level do things a little differently or does it have to be a strict interpretation of the agreement.Thank you.
My daughter opened a business account with a guy who had an
My daughter opened a business account with a guy who had an existing storefront business in that business name. He told her he was going to mentor her and start a similar business but she needed to establish business credit. He promptly used the $7000 in the joint account to pay his business taxes without her knowledge. He then ran up $5000 in debt for personal goods and business inventory on a credit card linked to the same account. This was in Illinois, when she closed the account he became very angry then would not respond for two weeks. She went by the store and he had moved his business to Utah, all within one month. The business is still in existence is there anything she can do?