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I am in a middle of a lengthy civil litigation. I just
I am in a middle of a lengthy civil litigation. I just noticed that attorney for the opposing party, had submitted exactly the same document (like a carbon paper copy) as two different motions ( one is 11 month apart from the other) The first is “Proposed Verified Amended Answer, Affirmative defense and counterclaim” the second is amended answer to one of our multiple motions. The ‘funniest” thing is that his second motion had prevailed.I believe it's not right to recycle the same document as two different motions.How can I use this instance to my advantage?My current lawyer is reluctant to raise this issue in court. Apparently, he doesn't want to jeopardize his good relationship with the adversary.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My Ex wife is trying to have me Incarcerated child support.
My Ex wife is trying to have me Incarcerated for unpaid child support. I have no job and am a disabled veteran with a small disability check monthly that I live off of. I am no longer able to work because of my Military injuries, and I have filed for SS Disability with the help of an attorney. The other day her "Legal Aide" attorney sent me a letter in the mail. In the letter was a visa form for my daughter so that she can travel to Mexico to visit her grandparents. The letter made me feel like they were trying to coerce me into signing the letter if not they would seek jail time for the unpaid child support. I feel that my Civil rights are being infringed on according to the 7Th Amendment- In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury , shall be other wise reexamined in any court of the United States, than according to the rules of the common law."They have not even bothered to conduct an indigent hearing for me to determine my financial status or work status.Furthermore they request the presiding Judge to confine me for no less than 90 days, and 10 years probation after that. Under the 8Th Amendment- " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."Her lawyer is imposing an excessive fine, and bail that I could not pay being that I am indigent. It is very well known to me the "Memo" released by the (U.S. Department of Justice) dated March 14,2016 to all courts through out the Country. I qoute "Dear Colleague, The Department of Justice is committed to assisting state and local courts in their efforts to ensure equal justice and due process for all those who come before them. Recent years have seen increased attention on the illegal enforcement of fines and fees in certain jurisdictions around the country-often with respect to individuals accused of misdemeanors, quasi-criminal ordinance violations, or civil infractions. Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for non payment despite posting no danger to the community, lose their job; and become trapped in cycles of poverty that can be nearly impossible to escape. Furthermore, in addition to being unlawful, to the extent that these practices are geared not toward addressing public safety, but rather toward raising revenue, they can cast doubt on the impartiality of the tribunal and erode trust between local governments and their constituents. To help judicial actors protect individuals' rights and avoid unnecessary harm, we discuss below a set of basic constitutional principles relevant to the enforcement of fines and fees. these principles, grounded in the rights to due process and equal protection, require the following:(1) Courts must not incarcerate a person for nonpayment of fines or fees without first conducting an indigency determination and establishing that the failure to pay was willful:(2) Courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees:(3) Courts must not condition access to a judicial hearing on the pre payment of fines or fees;(4) Courts must provide meaningful notice and, in appropriate cases, counsel, when enforcing fines and fees;(5) Courts must not use arrest warrants or license suspension as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections;(6) Courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release; and(8) Courts must safeguard against unconstitutional practices by court staff and private contractors."End quote.It goes on to say that " We at the U.S. Department of Justice observed that many of your, particularly judges municipal and local JP courts have been violating the US Constitution US Supreme Court precedent (which given your position, you should already know) by incarcerating and/or extorting the indigent for the fine money to fill your jurisdictions coffers, and doing so without proper legal, constitutional hearing, or providing legal counsel to the accused.AS OF NOW YOU ARE ON NOTICE THAT THAT WILL STOP IMMEDIATELY!!!!Should we find any of you violating ANY of the aforementioned items, we will seek your indictment for (Federal Civil Rights) and or other criminal violations, and if true billed, we will send a US Marshal or other representative of the US Department of Justice to your court, home or anywhere else that you may find to arrest and incarcerate you. You will then face a jury of your peers, most likely in the jurisdiction where you may have incarcerated various individuals"Please help me.
Attorney At Law
Doctor of Law w/ highest honors
I am recently divorced and my ex husband and I have 5
I am recently divorced and my ex husband and I have 5 children, 3 still under the age of 18. In our divorce we have joint custody and share the kids almost equally. We are both given up to 21 days of vacation time each year. My ex husband just informed me that next month, he will be taking all of the kids to Nigeria for 2 weeks (he was born there), and he asked for my help with passports. This trip will cost him thousands of dollars, however he owes over $20,000 in child support arrears, hasn't paid his spousal support in 4 months, and never finished paying the money owed to me per our MSA for the home buyout we agreed to.He needs my signature for passports for the 3 youngest children, but I have told him that I hesitate to because how can he incur so much new debt when his past debt to me and the children is still outstanding. Can I get in trouble legally for refusing to help with passports. Is that a form of extortion or blackmail?
Attorney At Law
Doctor of Law w/ highest honors
I am married but had a 4 month affair. After falling in love
I am married but had a 4 month affair. After falling in love with the other women I realized she was too unstable to continue our relationship and confessed everything to my wife. We have since reconciled. The other woman thinking we were on the path to a permanent relationship moved to the Bay Area from South America to continue our relationship. We lived together for 2 months (agreeing to split the rent) in the Bay Area to test our compatibility. It was shaky at best and I tried to end the liaison on several occasions and finally moved out of our apartment and back into my home with my wife. The scored woman is now has threatened to charge me with rape is I do not give her $5000 in money she was defrauded of in a rental scam where she tried to rent an apartment near my house. Finally realizing the affair was over she moved out of the Bay Area and has since remarried. However I received an email demanding $5000 reimbursement for a deposit that she sent to a private address in Florida in a rental scam. Since I had nothing to do with the rental scam transaction or arrangements am I at all obligated to reimburse her for her stupidity? The rape threat is out of the blue and I have an email and SMS chain that clearly shows there was nothing remotely resembling unwanted or forced contact at any time during our "affair". What should I do....?
I was served a libel cease and desist. I informed one member
I was served a libel cease and desist. I informed one member of the Board of my condo ourmanagement company Hoag had its license revoked in 2000 by State Attorney General, whom found $53,000 missingfrom trust funds at the same time our condo had money in trust funds with the mamagement company Hoag. 3 nonlicensed employees of Hoag took money out of trust funds.Theirlicense was reinstated in 2007. I included the full case to the Board member. But, she gave my letterto her to the management company. Now their lawyer is threatening to sue me for libel and I signedhis request not to say anything about the management co (Hoag). I said in my letter to her Hoag admittedto all charges, when in fact they did not admit to anything, but agreed to have license revoked.They signed off on all charges, yet didn't admit to anything.Full case was attached for her to see.Isn't my letter to her privileged ? Is that libel, when letter only given to her ? No malice, no monetary damages.I gave Hoag a cease and desist order for violating my free speech with cases.Lawyer is harassing me because I tried to get Hoag kicked ou of our condo and also via 4 legal agencies got the office manager at Hoag removed. They want revenge.Can I send cease and demand letter for CA PENAL CODE 518,522,523Extorion by force of fear, letter and consent. It is believed by Zaludek, thatunlawful means were used to secure Zaludek's signature on an attempted, or successfulextortion scheme.. I am going on Board now and they want me not to go on.
I have someone attempting to blackmail me by selling the
I have someone attempting to blackmail me by selling the contents of our skype conversation. i asked the person whom I was talking to how old they were and the response was 19. I have screen shots of them saying they are 19yrs of age. Now I'm being threatened that they are going to the authorities and contacting the department of human services. Am I fought up in a scam.
I did some stuff on webcam with this person and now they'reView more legal questions
I did some stuff on webcam with this person and now they're threatening to put it out on the Internet if I don't pay $7000. I told them I don't have that kind of money and they started dropping the price but still asking for money...JA: Dealing with bullying can be complicated. Because laws vary from state to state, could you tell me what state is this in?Customer: Well the person said they were from Europe and I'm in Saipan.JA: Have you consulted a lawyer yet?Customer: NoJA: Is there anything else important you think the Lawyer should know?Customer: No. It's been 24 hours and they haven't done it. I've blocked them on my FB And I even deactivated my fb account.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.