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

Recent Civil Actions questions

Statue of Limitations, I Am a US Veteran who was forced to

Statue of Limitations, I Am a US Veteran who was forced to short sale my home because I had a fool for an attorney, myself. My question is primarily about a possible statue of limitations, to sue for recovery of money that was over paid to an Fl. HOA, and their law firm by the title co. who handled the short sale.Because the law firm refused to correct,fix or amend their original submitted estoppel letter prior to the scheduled closing to accurately reflect the District Court's amended final judgment.Therefor at the closing of my short sale the title co. was forced to payout thousands of dollars out of my proceeds over & above the court ordered amended final judgment to satisfy the inaccurate estoppel letter or post pone the closing and lose a potential cash buyer. That over payment of approx. $ 6,000 to the law firm & the HOA has never been paid back to date, despite repeated requests to refund any or all monies they obtained over the court ordered amended final judgment. In fact they have repeatedly refused to refund the difference and told me consult an attorney. Time line, approx. Sept. 03/13 I lost a ambush hearing for summary judgment on my HOA foreclosure, The court than set a follow up hearing for Nov 6th 2013 to argue attorney fees .During that hearing the plaintiff's law firm won a final judgment of approx. $12, 900.00 total for all matters & ordered the public sale of my families home to commence on Jan.03,2014.Since I didn't have the $12, 900.00 to deposit with the court as security to stay the sale while I hire an attorney & file an appeal. I was forced to file bankruptcy for the first time in my life to buy time to at least short sale my home and get some equity out of the proceeds. I hired a local firm and paid them $1,295.00 for the entire bankruptcy & $300.00 additional to attempt to strip the HOA lien or final judgment. The public sale was stayed pending the federal bankruptcy. On April 8th of 2014 the bankruptcy was discharged pending the HOA lien striping hearing scheduled in June of 2014 . By this time however I had a firm cash offer on my home & a closing date of April 22nd 2014, so I withdrew the motion to strip the lien & my attorney requested the HOA & their law firm to prepare an estoppel letter so the closing could move forward on the agreed date... However they weren't cooperating and the closing was pushed another 30 days to May 23rd 2014. When the estoppel letter finally arrived to the title co. they had increased the the amount to $19,100, ( $6,200 above the court ordered final judgment) & in the mean time the law firm filed a subsequent motion to amend the original final judgment of $ 12,900 to $ 19,100. siting they incurred approx. $6,200 in additional cost, ( at least $ 5,000 of that was attorney fees ) , just to attend a 15 minute federal bankruptcy hearing & file two short responses totaling about 6 pages to the federal court in objection. The amended hearing was set for May 22nd 2014, Now at this hearing I argued to the judge it was absurd to award an additional $ 6,200 & at least $5,000 additional in attorney fees , for about one to two hours legal work objecting to my bankruptcy , especially considering my attorney's only charged me a total of $ 1,595 & they had to prepare countless pages of the filing as well as several phone calls, meetings etc... I requested that I be given an evidentiary hearing & also all discovery of any itemized documents of billing summaries etc.to be able to argue these absurd fees. The judge agreed in part and denied in part with me and awarded the firm appox.. $1,200 above the original final judgment to cover any fees incurred since the final judgment and asked the firm when can they provide me with discovery so he can set a hearing to argue any further fees ,they replied they needed two months , ( wow for what ? that should have been part of the file already ) The judge instructed the firm to supply me with the discovery request if they intend on pursuing this matter any further. Well the next day was the closing of my home & when we contacted them & requested a corrected estoppel letter they refused because they intended on going after me for more fees. My home closed on the next day May 23rd of 2014, a Friday afternoon & the title company was forced to over pay the firm approx. $ 5,000 over and above the legal amount ordered by the court. Soon after I called the firm & asked them to refund my difference or proceed with a hearing , they replied when was I available, I said within a week after they comply with the judge's instructions & hand over the discovery of writings ,documents etc..& I instructed them to forward that discovery to my attorney who handled my bankruptcy.However within days they filed a satisfaction of lien& judgment & a motion to dismiss w/o prejudice which is moot after a final judgment. Is there a time limitation to sue for monies not entitled but they kept. ? & did they have grounds to keep my $$$ ?

Read more

Maverick

Doctoral Degree

8,330 satisfied customers
Here it is I work for a car dealer that did leasing I was

Hello so here it is I work for a car dealer that did leasing I was the Gm of the dealerships the owner had a leasing contract drawn up and added on from a standard lease contract I left and started my owner dealership and started using his contract which is not copy written at all he is now suing me for trade secrets and the use of this contract my lawyer is working on the case and is telling me he has no case but his lawyers and admit that they have a case. Do They ?

Read more

1,802 satisfied customers
We own an excavating business and we had a client who hired

HiWe own an excavating business and we had a client who hired us to construct them a one acre +\- pond. We were very clear in our terms and conditions that the client was going to need to have an adequate water source (an adequate well) to fill his pond.Once the construction was complete, he declined installing an adequate Well to fill his pond therefore causing quick evaporation. Long story short he claims the pond is "leaking". We had returned and dug a trench to test and see if in fact it was leaking and it was not.We then told him we could drain the pond down and see if there was something we couldn't see and he declined. Our contract terms clearly state that we are not liable nor do we guarantee a maximum water depth due to unknown soil conditions, etc...Plain and simple this guy has been negligent. A mediation was conducted and there was no resolution. Their (then) attorney told them they had no case. They fired that attorney and hired a new attorney who just so happens to be best friends with the judge.Now we're scared we're going to lose based on a friendship factor. We have a great attorney but I think even he's a bit nervous now. Can you make any suggestions on how to proceed? Court is June 1st

Read more

legalgems

Juris Doctorate

18,870 satisfied customers
Second opinion] I had undergone a cosmetic hair procedure

Second opinion] I had undergone a cosmetic hair procedure with a Dr. in Chicago, IL in 2015 and after 10-12 months felt I did not get any noticeable results. I spoke to Dr and he just offered to do another procedure for free w/o explaining what went wrong and why it would work second time. I reached out to an online forum to ask people's opinion on what to do next (simply stated the facts about my results and my opinion that I didn't see any noticeable results and it might even get worse). Additionally, I reached out the Dr. to request for a full refund as I was unsatisfied with my results. His team offered partial refund that I refused and informed him I would share my experience online on forums.Few months later, I was reached out by the Doctor's attorney to not attempt any defamatory statements about Dr. abilities and performance. When I requested for evidence he was unable to provide me any. I requested a HT expert/mentor from an online forum to act as a mediator and see if we could settle this amicably. The Dr. and legal team now offered ~30% refund with me signing a confidentiality a agreement. They threatened to sue me for extortion if I did not do the same as I was requesting a refund. I simply refused their offer and officially withdrew my request for any refund now or in future. I thought that would put matters to rest and will not be bothered by them again.However, their legal team has asked me to enter into a mutual non-disparagement and confidentiality agreement failing which they would proceed with civil action for Dr. to protect himself and his business. Appreciate inputs from this forum on the following:- Is the above just harassment and empty threat or they have any probable cause for civil action ?- Based on discussion that my mediator had with their legal team, they mentioned about an attempt to extortion because of the original request for full refund. Can they still file a case of extortion against me when I have officially withdrawn my request for any refund ?- Based on discussion that my mediator had with their legal team, they mentioned about filling an injunction and proceeding with discovery ? Can they pursue that and on what grounds ? What should I do to just be prepared if they take that action ?- As mentioned, I had made an online post on a forum last year in April. Where I had stated all the facts of my case, but had also expressed my opinion that " I don't see any positive results and feel it has even got worse. Can that be used in any way against me ? I believe the statue of limitation in IL for defamation is 1 year and this post has been over a year- Should I be logging a complaint with IL Department of Public Health and/or Cook County State Attorney about the harassment and bullying from their end to sign a non-confidentiality agreement ?- On further research online , I did uncover another thing that there is an existing Medical malpractice suit against this doctor for negligence. That the same legal team is defending. Should I inform them my knowledge of the same ?Appreciate your assistance.

Read more

INFOLAWYER

Attorney

Juris Doctor.

42,876 satisfied customers
I'm interested in something like a cease letter due to libel

I'm interested in something like a cease letter due to libel but not sure how to start or if I have a caseJA: Because laws vary from place to place, can you tell me what state you're in?Customer: Yes, MichiganJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: The person making false claims is not in Michigan

Read more

1,802 satisfied customers
I have been subpoenaed to be a witness in a civil action

I have been subpoenaed to be a witness in a civil action that i am named also as a defendent. I just finished a bankruptcy including them as a creditor. This was a project that I performed time and material on which i was never paid ( $ 70,000 ) dollars. This destroyed my life. They wish to have me bring documents and things which I no longer have, i lost everything buisness and personal. I avoiden a depositon already due to my being over 500 miles away and they were listed in my bankruptcy. This was through Pellagreno and Associates. I am a health care provider through IHSS for my ailing mother who is diabetic and just beat cancer. She does not have the ability to travel. I am being asked to be a witness for my creditor against the designer and Prime contractor.JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: My bankruptcy was filed and i have been to court in ReddingJA: Anything else you want the lawyer to know before I connect you?Customer: I guess just that this is now an undue hardship that they caused, and the reason for my bankruptcy. They have a judgment against me with no dollar amount which Pellagreno an associates said was a good thing and included in my bankruptcy. I fear a conflict due to my banruptcy to be a witnesd. That and distance to travel, lack of car and finances due to them, lack of documentation to provide due to them, and an ailing mother

Read more

Ray

Lawyer

Doctoral Degree

43,758 satisfied customers
Someone filed a false affidavit with the Arkansas Co. Court

Someone filed a false affidavit with the Arkansas Co. Court and was able to get deceases money & vehicles. What do the heirs need to do to get money & vehicles back?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. What state is this in? And how old is the car?Customer: We live in Texas and items are in Arkansas. Not sure model of car but person was able to get all of the money out of deceases acctJA: Has anything been filed or reported?Customer: The County Clerk was notified but nothing was done about it. If we file complaint, who would we file complaint with?JA: Anything else you want the lawyer to know before I connect you?Customer: There's a lot he/she probable needs to know. Person just got out of prison. Heirs paid for funeral and have not been reimbursed. She knew funeral bill is owed. She claimed to be his husband on affidavit, but was never married. .........

Read more

1,802 satisfied customers
What are my rights as a tenant of a landlord that falsely

What are my rights as a tenant of a landlord that falsely accused me of an incident that was not pursued by the DA OFC NOR BROUGHT TO TRIAL making it seem like I was the party to blame when in actuality the landlord was the guilty party by trying to EVICT ME W/O CAUSE CUS SUPPOSEDLY I WASN'T GOING ALONG W/ THEIR AGENDA?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,986 satisfied customers
In Georgia, is there a monetary limitation on being able to

Gerald: in Georgia, is there a monetary limitation on being able to represent oneself on civlil actions between State, and Superior court. Does this still apply for a civil action judgment awarded for a Petitioner against a Respondent.. Thanks

Read more

Gerald, Esq

Juris Doctor

7,392 satisfied customers
View more legal questions
In The News