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Recent Dismissal Without Prejudice questions

We need to dismiss post judgment cases in County Illinois.

We need to dismiss post judgment cases in Cook County Illinois. Do we have to vacate the Judgment or do we just file a Motion to Dismiss without Prejudice and leave the Judgment? Also, we have some accounts we have Garnishments on, do we vacate the Garnishment on those as well? Our client is cancelling out the accounts we have and we need to get this done.

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Dwayne B.

Juris Doctor

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I'm not quite sure... JA: The Lawyer will need to help you

I'm not quite sure...JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No, not yetJA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: Well, I fell behind on payments to Discover card... Like, way behind. And they filed a suit against me earlier this year. They apparently tried serving me papers multiple times, took an ad out in the local paper, the whole nine yards... But I was never home and don't read the paper, so I didn't know it was happening until this week.JA: Is there anything else the Lawyer should be aware of?Customer: Now they have filed a motion for default judgement and the hearing is Thursday of next week.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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legalgems

Juris Doctorate

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12,792 satisfied customers
Doctors of Law! Tj *****, and I'm an educated Black Woman,

Hi there Doctors of Law! My name is***** *****, and I'm an educated Black Woman, good heart, hard worker and my handsome son {Eagle Scout - Troop 212} has said over and over, "I love my mama!" Speaking of hard work, and loyalty, in-spite all, I was sexually harassed, and sexually assaulted on my job {FBISD/ Fort Bend Independent School District} and you would think, since I proudly been serving 'Sixteen years, I would've been supported from my job. NOT!This terrible incident has left me and my son homeless... Yes we stayed in a shelter for 6 - 7 months at the FBWC/ Fort Bend Women's Center Shelter, and if it was not for this remarkable agency, I would've probably ended my life! My son became an Eagle Scout while living at FBWC shelter, and he also give praises to FBWC for genuinely supporting him! Here's a brief synopsis of what happened to me.March 17, 2014 @ Lake Olympia Middle School my co-worker {Del Shun ****** Sr.} New Coach who's a Special Aid Certified Teacher, and at that time, I was his Teacher Assistant. Well during seventh period on that particular day with other co-workers and students in the same classroom; Mr. ****** Sr., sitting at his desk opposite corner of the classroom... Forcefully Shoved my Head Downward Toward His Groin as I was leaning over to view some photos on the school desk computer that he took during ‘Spring break.I was shock, and baffled! I'm almost fifty-years old, I never in the world... would think - this could, or would happen to me! And yes, I immediately told his Fret brother, who's the Assistant Principal! And, I also wrote the sexually harassment and the sexual assault incident in print, when I got home that night on the FBISD server! Again, I'm a kind person, and so I did request for this new co-worker... Mr. ****** Sr., desperately needs immediate psychological counseling!The investigation started, and I was {confusedly} put on 'Administrative Leave with pay - which had already turned into a month! It was suggested to me that FBISD was not going to do nothing, because, prior to the incident, I had a quick chat with Mr. ****** Sr., about my wild and fun college days… NEVERTHELESS, I still should share my sexually harassment and sexual assault incident to the police. Well, I did in April of 2014, I told the Stafford police, and that's when ALL HELL broke loose! Case # ***** 00 661.Because, I shared everything about my co-worker{Mr. ****** Sr.} this predator and disrespected creep… Everything about his on-going insulting sexual behavior and comments, including when he drop his pants ALL the way to his ankles, with a bulge in his pants, and paraded around the students {boys} who some of them been sexually molested in their younger years and so now their anger and etc has landed them in the {BIC} Behavioral Inclusion Classroom.Mr. ******'s {reported} response, "Fret you know, I'm comedian and yeah I went a little-bit too far. No big deal." Regardless some kind of action had to take place, and Mr. ****** Sr., was moved to another campus, and I was brought back to 'Lake Olympia Middle School, which I was categorize as an ‘Trouble Maker by the majority of my peers at work, and my son who also attends high school in the FBISD became a target for retaliation, and they are still giving him retaliation, since, I'm on leave with no pay! While, I'm still seeking for fair justice! Because I still haven't gotten paid since 2014 of December; and FBISD is still fighting not to give me 'Workman's Comp!In-spite what the Sugarland Orthopedics Sports and Meds have written in their medical report of my ‘Cervical Vertebrae misaligned by the downward shoved on my head.May of 2015... EEOC gave me the 'Right to Suit under 'Gender Discrimination and Retaliation, and under the 'Prose Rights, I was able to file my 'Civil Law Suit against 'FBISD in July of 2015.After being in ligation for five months on March 10, 2016 the U.S. Southern District Court - Federal Judge David Hittner … Dismissed my case 'WITHOUT PREJUDICE for not {clearly} defining my 'Statement of Claim???My understanding ... My statement of claim is what EEOC gave me the 'Right to Suit. And no, I have not yet put a price tag on ALL my sufferings, because we had not gotten to that point yet. The docket shows {***** vs FBISD} Case # *****:15-cv-01693 supposed to be heard either in the month of November or December of 2016.Yet, also my research has showed my ‘Statue of Limitation {Two Year Period} has ran out from the time of the sexual assault incident which took place on March 17, 2014.Conclusion, I've research, and I've read that I have 120 days to RE-file from March 10, 2016. Please share your 'Wonderful Legal Knowledge of what is really correct. What's my right (s}? Have my ‘Statue of limitation run out from the actual sexual assault incident date? Do, I still have a chance, and if I do under what grounds, and under what section code? Pre-Thanks!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I am resigning from my 9year poistion snd leaving and leaving

I am resigning from my 9year poistion snd leaving and leaving the state. I am moving out of state in hopes of starting over. I am married but been living on my own for almost 2 years. I filed a chapter 13 a year ago and am wondering what would be the nest option going forward. I will recieve a pension payout lump sum and am counting on that to start over. If i switch the 13 to a 7 will i loose my money paid in and in either case can the trustee take my pension? Can i stop and cancel the 13, and file again after i seattle in where i am relocating to. Am very worried about these issues. Can u help me get some answers. I currently live in washington and this is where my current 13 is.JA: OK. The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have but he isnt getting back to me yet.JA: Is there anything else the Bankruptcy Lawyer should be aware of?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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In Georgia:when re-initiating a civil complaint within 6

In Georgia:when re-initiating a civil complaint within 6 months of voluntarily dismissing without prejudice:do i start completely over with a new complaint, new discoveries or just somehow file a motion to re-instate the dismissed suit?Is the 6 months calculation of allowed time a matter of the number of days ora "day of the month" situation. For example,with a suit dismissed on 10/23/15,would i be able to refile on april 22 2016?

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Ely

Counselor at Law

Juris Doctor

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If you have a civil case pending against a defendant, what

If you have a civil case pending against a defendant, what happens when u file chapter 13JA: Thanks. Can you give me any more details about your issue?Customer: I have a civil case wrongful foreclosure suit that I had against a secured creditor; I was forced into a chapter 13 because of them to stop foreclosure now I had my chapter 13 case dismissed without prejudice does that time bar the civil case or can it now proceedJA: OK got it. Last thing — Bankruptcy Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Irwin Law

Juris Doctor JD

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Maverick. I wanted to pay you great help. I need

Hi maverick. I wanted to pay you for ur great help.I need to continue. I did file for a motion to dismiss. TWO of them. First one, which was only in reference to the fact that I am not the landlord, the judge was on my side. The plantiff said, we'll, " he said he was the landlord in text messages that he copied and pasted unto another piece of paper. Judge wasn't going for it and asked where my name was next to anything there. He said no. Then, I was surprised that the judge allowed the case to go to trial anyway! So I filed again, this time, same motion, different cause of action. My action was that I never damaged his property and he is commiting perjury. I further stated that this is totally malicious process. Plantiff didn't even show up !! The judge was on my side totally. She said she was dismissing his case and even started writing so. Then she stopped herself and said, " Oh. This is small claims ( since apparently they rotate the judges) and said the supervising judge wants all cases in small claims to go to trial and be decided there. First, she said, ur motion will be heard and then the trial on that day.. With these two motions filed, with all the exhibits, this plantiff knows VERY WELL what he is doing.....i'm in the process of having subpoenas issued upon him regarding this case for him to prove what evidence he has that I am the landlord and that I ever damaged his property.SO TO GET THIS STRAIGHT, I FIRST HAVE TO GO TO TRIAL IN SMALL CLAIMS, HAVE IT DISMISSED AGAINST ME BEFORE I CAN TRY TO SUE HIM FOR MALICIOUS PROCESS IN LIMITED CIVIL, RIGHT?Also, can u please tell me, if u filed a small claims case a couple of days ago, and wish to drop it and proceed in limited civil instead. How do you do this? The limited civil will prob be heard before the small claims I believe which is usually about 6 months later. Thank u, maverick for ur help.

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Maverick

Doctoral Degree

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Order to show caause was to bee served personal on school district

Order to show caause was to bee served personal on school district parties. Instead was served on attorneys who refused service. CaJA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: How can I correct this error? If not possible, can an order to show cause be dismissed without prejudice and refiled?JA: Anything else I can tell the Lawyer before I connect you two?Customer: Yes. This is a federal litigation which is now a special proceeding in Supreme Court . Did not properly serve parties. Wish to get adviceJA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.

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Sam

Attorney

Doctoral Degree

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31,578 satisfied customers
Been sued on auto lease. in position to pay off balance and

been sued for default on auto lease. in position to pay off balance and purchase vehicle. should i contact plaintiff's counsel to resolve or do i need to retain counsel? i live in Allegheny County, Pennsylvania

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legalgems

Juris Doctorate

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12,792 satisfied customers
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