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Recent Motion for Dismissal questions

I am being sued debt older than 10 years, by a collection

I am being sued for medical debt older than 10 years, by a collection agency. I have heard that debt older than 10 years is not something that can be collected, is that true in Washington state?

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Ely

Counselor at Law

Juris Doctor

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62,632 satisfied customers
I was making payments on a pony daughter. I made one payment

I was making payments on a pony for my daughter. I made one payment 7 yrs ago and stopped. The owner never contacted me until this week saying she wants the sum of the payments or the pony returned. Who legally owns the pony at this point.

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Sam

Attorney

Doctoral Degree

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31,578 satisfied customers
THIS QUESTION IS EDUCATOR ESQ. I AM pro se in a civil case

THIS QUESTION IS FOR LAW EDUCATOR ESQ.I AM pro se in a civil case in WPB Florida. I'm suing a company for slander/ defamation of character as they published an online publication defaming my name, career as a realtor because I was a witness in a case against them in small claims court. as such I served a verified complaint they received and the attorney for the defendants as filed a:"motion for additional time to answer complaint and to file a counter claim"I do not think they should be given additional time to answer the complaint and their allegation in this motion that I published a defamatory online publication on defendant is false and there is no merit in a counterclaim in which they state they want to file.How do I address this to the judge? Do I write a motion to deny defendant's request for additional time to answer complaint and file counter claim" and/or in addition do I request a UMC hearing on this matter with the judge chambers??Do you know the require timeframe that the defendants have to answer a complaint??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,088 satisfied customers
The defendant filed appeal. The plaintiff filed motion to

The defendant filed appeal.The plaintiff filed motion to dismiss appeal.The court rendered judgment which I don't understand if the defendant-Appellant's appeal is ordered frivolous or if the plaintiff-Appellee's motion-to-dismiss-appeal is rendered frivolous. Please clarify.Here is the appellate court's order, verbatim:THE MOTION OF THE PLAINTIFF-APPELLEE, WELLS FARGO BANK, N.A., FILED MAY 20, 2016, TO DISMISS APPEAL, HAVING BEEN PRESENTED TO THE COURT, IT IS HEREBY ORDERED GRANTED AS FRIVOLOUS.

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Zoey, JD

Doctoral Degree

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28,722 satisfied customers
I got served a civil action summon by a subcontractor in a

Hi, I got served a civil action summon by a subcontractor in a construction project. My company (Ltd with 3 partners) was the General Contractor but the owner filed for bankruptcy and stopped paying us so we also stop paying the subcontractors. But in this particular case I signed a form to Open a Business Account with this subcontractor which says (in fine letter) that I will be personally responsible for any debts by the company so they are suing me personally as a guarantor. The good thing is that the subcontract agreement was signed afterwards and it says that any previous agreements are void. Does this help my personal situation? Or am I responsible?

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Albert Marmero

Juris Doctorate

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292 satisfied customers
I have been service in a lawsuit in Montgomery County TX. I

I have been service in a lawsuit in Montgomery County TX. I am trying to decide whether to file a motion to dismiss, or an answer, and am wondering what needs to be provided in each?

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ScottyMacEsq

Doctoral Degree

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22,248 satisfied customers
My girlfriend is going to her arraignment in court in a few

My girlfriend is going to her arraignment in court in a few days for a simple abuse case -- I've found out that the courts are taking no action through speaking wth the Prosecuting Attorney's office. I'm wondering what sort of legal representation (lawyer or not) she'll need present on the court date?

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Kim Courtney

Principal Attorney

Master's Degree

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3,878 satisfied customers
Its been over two years my son has been faseley accused of

its been over two years my son has been faseley accused of sexual assault on a 14 yr old girl. there are the alex'x in this whole boggus accusation , one is my son , other alex is non related cousin and not to mention the 40 somethin yr old uncle of hers. however all evidence on my son is negative but the prosecutor keeps saying they cant get ahold of the visiual/audio recording . i feel there is something wrong since that is a crusial piece of evidence. are they hidenig somethimg , tampering with it maybe. can we file a motion to suppress all evidence and give them a certain amout of time to do so ? its already been more than two years and all we get are continueansall the time.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,088 satisfied customers
I would like to have a case remove the vacated judgment and

I would like to have a case remove the vacated judgment and reinstate the matter in court, even though it has been administratively dismissed on June 10, 2016 some 14 years later in as per marked inventory in New York State WebCivil Supreme, so that I can may collect monies well over due to me.This case matter began in 2002 based upon a personal loan of money. I had an attorney who took the case to court and won a judgment in the matter. However, shortly thereafter before I could collect the attorney made sexual advances in writing, which I declined and he then became derelict in his legal duties regarding all case matters, so he agreed not to represent me. Shortly thereafter, the opposing attorney for the personal loan money unbeknownst to me filed a show cause order to vacate the judgment. Later I discovered according to court records that when the opposing attorney contacted my original attorney and my original attorney accepted the Show Cause documents to vacate the judgment, but he failed mention to the opposing attorney that he had relieved himself from representing me after the original judgment. In the opposing attorney's Affirmation, he stated, “…the same counsel as of the date plaintiff brought application to amend the subject complaint (which the Honorable Court granted, but which was seemingly never followed up on by the plaintiff's counsel).” In spite of this the matter proceeded unbeknownst to me as I thought the original judgment was settled; however, a different judge granted in Short Order Form the opposing attorney's motion to vacate the original judgment. I was never served or represented by counsel during this process.Presently, I would like to know, if filing a motion to vacate pursuant to CPLR § 5015(a)(3), for “innocent misrepresentation,” upon both my original attorney and the opposing attorney that vacated my original judgment in order to collect on the original judgement or if filing a motion to dismiss pursuant to CPLR § 3211(a)(1)(3) would be appropriate to the above case matter based upon the facts given?Also, which of these legal avenues could provide me with the best latitude to eventually collect monies owed?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,088 satisfied customers
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