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Recent Counterclaim questions

Kind of a odd question but I'm drafting a second amended

Kind of a odd question but I'm drafting a second amended complaint in response to an amended answer that included a counterclaim. The question is: 1) the case was removed to district court from state court after my first amended complaint was filed,which contained jurisdiction and venue information regarding state court. The amended answer, due to the counterclaim, contained new jurisdiction and venue information reflecting the removal to district court. When filing my motion for leave to amend

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Ray

Lawyer

Doctoral Degree

40,266 satisfied customers
Olsen here. Need to find a lawyer practicing in the metro

Eric Olsen here. Need to find a lawyer practicing in the metro Phoenix AZ area to give me advice on handling a lawsuit a bank filed against me asking for $3400 payment on an old credit card debt. Assistant: Thanks. Can you give me any more details about your issue? Customer: I had incurred the debt during the time I was selling my house in Albuquerque NM during my move to Phoenix a little over 5 years ago. My house ended up selling for much less than we had expected and I lost my savings at the time making up the difference, etc.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,152 satisfied customers
Is the doctrine of laches available as a claim as well as a

Is the doctrine of laches available as a claim as well as a defense? I have only heard it referred to as an affirmative defense. I want to use it in a wrongful foreclosure case (along with the SOL and other claims).

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,152 satisfied customers
I was living in a rental unit for a little over a year. I

I was living in a rental unit for a little over a year. I paid my rent faithfully. Never late. I gave my notice properly. Cleaned the unit as best I could leaving only normal wear and tear, such as rugs need to be shampooed again and walls painted. The landlord is now renting to a section 8 renter so he has to do a lot more repairs than he expected. He is passing these repairs on to me and refusing to give back my security deposit. He claims he has pictures of damage I left and would send them to me. I have twice requested these pictures but he refuses to send them. Hence, he doesn't have any. What is my recourse?JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: MassachusettsJA: Has anything been filed or reported?Customer: Not to my knowledgeJA: Anything else you want the lawyer to know before I connect you?Customer: I had my granddaughter and her family living with me very much to the landlords knowledge but now he is saying they were there illegally

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INFOLAWYER

Attorney

Juris Doctor.

40,166 satisfied customers
My daughter in Anchorage Alaska just received a eviction

My daughter in Anchorage Alaska just received a eviction notice, how long does she have before she h!so to leave the house? She just lost her job and can't afford the rentJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: AlaskaJA: Has anything been filed or reported?Customer: I'm not sure but she just got the noticeJA: Anything else you want the lawyer to know before I connect you?Customer: In mid March she will be coming to live with me on ft Sam, I'm active duty military. I'm just trying to weigh my options

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Loren

Juris Doctor

41,260 satisfied customers
If a defendant amends their answer to include a counterclaim

If a defendant amends their answer to include a counterclaim after I have already sent my first set of interrogatories (judge set a limit of 25 which I used), do I need to ask for leave to ask further interrogatories, and am I only allowed to address the new interrogatories to the new information or can I start over with a new set of 25 addressing all issues?

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Ray

Lawyer

Doctoral Degree

40,266 satisfied customers
I am a defendant in a on going civil litigation matter and

I am a defendant in a on going civil litigation matter and was horrified when the opposition submitted a picture taken of me as an exhibit. This picture was taken without my knowledge or consent. What legal recourse do I have or what action can I take?JA: What state are you in? It matters because laws vary by location.Customer: This matter is being handled by the Delaware courts but I am a resident of Maryland.JA: Has anything been filed or reported?Customer: What are you referring to? Have I filed anything about this? No I just received this information yesterday.JA: Anything else you want the lawyer to know before I connect you?Customer: No that is all.

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LegalKnowledge

Juris Doctor

33,936 satisfied customers
I am the plaintiff in a suit and the defendant just had a

I am the plaintiff in a suit and the defendant just had a motion granted to amend their answer, adding a new affirmative defense and a counterclaim. I will be filing a motion to amend my complaint but am not sure how that would be presented with a counterclaim. Do I do a normal amended complaint and add an affirmative defense at the end in the form of an answer? Also, if I decide to file a motion to dismiss the counterclaim would I do that before or after the amended complaint?

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Legal Eagle

Attorney

Doctoral Degree

794 satisfied customers
I have a nabour that is disputing my patio cover, it may be

I have a nabour that is disputing my patio cover, it may be in the set back of propertyline. My question is I feel like he is threatening me by suing me if I don;t remove it. He has done some illegal things on his property as well but dose not want to fix the problems . what if any legal advise can you share.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Ca.JA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Lucy, Esq.

Juris Doctor

32,552 satisfied customers
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