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Recent Motion to Dismiss questions

I was arrested and charged with two drug related

I was arrested and charged with two drug related misdemeanors in Alachua County Fl. I was also charged with a second degree miss traffic violation. The State dropped the two drug charges. The traffic charge however remains open. It's been 4 months, the State has taken no action in the case. When can I ask that the charge be dismissed?

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LegalKnowledge

Juris Doctor

29,746 satisfied customers
I am seeking to understand a Writ of Scire Facias that I

I am seeking to understand a Writ of Scire Facias that I received in the mail from a creditor whose debt was discharged in a bankruptcy almost 5 years ago. I am in the state of Georgia. Do you practice in GA or have resources here?JA: For starters, can you tell me where you are? State bankruptcy laws go hand-in-hand with federal ones.Customer: GeorgiaJA: Has anything been filed or reported?Customer: Our bankruptcy discharge was filed and reported almost 5 years ago. As for this debt, this is the first documentation I have received; the creditor seemed to have filed in another county than my county of residence, so I did not know this potential judgment existed until this week.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that is it. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,664 satisfied customers
Can a Temporary Restraining Order stop an eviction and if so

Can a Temporary Restraining Order stop an eviction and if so how do I prepare it and if not what can I do? I have a situation where I filed a lawsuit against the landlord a few months ago and in response he sent me an eviction notice. My attorney filed the lawsuit but he wouldn't serve it and I couldn't figure out why, after a week or so of talking to the defendants lawyer he told me that the defendants had agreed to except service and that I didn't have to worry about serving them anymore. .He said that he was negotiating a deal with the defendants attorney and was working on a global solution that involved fighting the eviction among other things. Then just before the deadline on service and one day before the eviction hearing my attorney tells me that the defendants had not agreed to except service and that I had to agree not to contest the eviction or else I wouldn't be able to serve the defendants my lawsuit, the entire agreement he made consisted of giving up the eviction in exchange for an extension on service. ThIf us, I had been telling him to serve the petition for over a month. He flat out tricked me into consenting to the eviction. And then he said that he was going to withdraw from the other case as well. Couple weeks went by and I hadn't heard a word from them and then last week on the 17th I received a notice of his intent to withdraw that showed that he was going to be presenting it to the court for approval on the 17th at 3 o'clock. I called the courthouse and informed them that I had not been served properly with notice of that hearing and they told me that they had not received anything from my attorney I called again on the 18th and then on the 19th and it was the same thing, the courthouse still had no record of my attorney submitting his motion to withdraw. Then this morning I check the court website and I see that not only was his motion submit it today but it was also approved today and he has been withdrawn for my case. So here I am facing this addiction is next week and my attorney is just flat gone. I can prove that I was tricked into consenting to that judgment for the evection and I can prove that it is in retaliation for filing the lawsuit, I actually have a text message from the landlord says just don't soon you won't be a victim. And now that this attorney is officially not on record anymore I can take charge and do something myself, what in the world can I do ? I understand that I can attempt to stay the eviction but it's almost been a month since the case was closed, I understand that the judge might be able to overturn some decisions that were made in light of new evidence but I'm being addicted next week and there's no time to schedule a hearing for those matters. This is an emergency situation and I need to stop this right now, or at least allow more time. Can I file a temporary restraining order that will allow for some time to schedule a hearing and get this out in front of a judge? I know that once he sees it that he will agreed that I should not be evicted from my home.

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
I was recently involved in a car accident because I was

Hi there. I was recently involved in a car accident because I was sleep driving. But the police has given me a text while driving record.... which is not true... I have the phone bill that clearly state that I wasn't using my phone for any matters, and I don't have a habit of using my phone during that time (way to work). So I was wondering how should I defend myself at court? If I said I was sleep driving, can they give me a new ticket for that? Thanks! I live in MASS btw.JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: MassachusettesJA: Do you need to appear in court?Customer: It's not a criminal ticket.JA: Anything else you want the lawyer to know before I connect you?Customer: How much do you charge for the lawyer??JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: Ok then.

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Dwayne B.

Juris Doctor

35,320 satisfied customers
Summary Judgment granted against Defendants in civil circuit

Summary Judgment granted against Defendants in civil circuit court, Kentucky. What now? Judge doesn't seem to like pro se defendants. Complaint filed, Answered, Motion for SJ with Affidavit; Response; Reply by Defendant; Reply to Response to Plaintiff's Reply - stricken by judge; Re-noticed to Amend Response - judge ruled even though it's on the docket to be heard on Monday.... what now?Daughter owns house; dad sold it to her in 2006 with verbal agreement; daughter never paid any mortgage nor utilities nor maintained it; Dad filed a Prelien notice then a Mechanics' lien to prevent sale of house; she filed complaint in civil circuit saying Dad filed false and malicious mechanics' lien and his girlfriend acted as an accomplish by impersonating Plaintiff.

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Dwayne B.

Juris Doctor

35,320 satisfied customers
I am appealing a wrongful teacher termination in the state

Dear Sir,I am appealing a wrongful teacher termination in the state court of appeals. I have submitted an Initial Brief and a Designation of Matter. The opposing counsel has filed a Motion to Dismiss/Strike stating that I am referring to/including exhibits/new evidence in the brief and designation that were not admitted/preserved in the record of appeal.According to the transcripts, there are quite a number of exhibits that were stamped and marked but not listed in the index of the transcript. by the court reporterIs there a Motion that I can file to compel missing, not listed yet preserved evidence?I hope this makes some sense.Thanks.

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Maverick

Doctoral Degree

6,358 satisfied customers
I was improperly served and a default judgment as been put

I was improperly served and a default judgment as been put against me.I filed a motion to set the judgment asidePlaintiff filed an objectionI filed evidence in support of my motionAn evidentiary hearing was schdulededI submitted more evidence prior to the hearing scheduled a week from nowPlaintiff is now satisfied that I was not properly servedPlaintiff wants to set aside if I stipulate that I will not seek attorney fees on present litigation and further stipulate that I answer the lawsuit within 20 days.My question is, why should I agree, when clearly the judge is going to set aside and for the sake of argument let's just say I have immense evidence that service was improper.I don't know what I gain buy stipulating anything because the judge is going to rule in my favor anyway.Need help.

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Dwayne B.

Juris Doctor

35,320 satisfied customers
Question regards to previous discussion: Interpleader

Question regards ***** ***** discussion:Interpleader statute (16-15-731) only governs interpleader actions in general sessions.  All other interpleader actions in TN are governed by Rule 22 of the Tennessee Rules of Civil Procedure.  The Rule provides that is available to a party-plaintiff, such as Mr. Patient's Atty, where they are holding money that is potentially subject to several claims.  Here, it is assumed that Mr. Patient's Atty is holding this money in his trust account for Mr. Patient as the result of a settlement or judgment payment.  Mr. Patient Atty is asking the court to determine how much each claimant gets rather than determining it himself.  All that he's saying is that Mr. Atty is not in a position to judge who has priority – he is not disclaiming that I have priority by filing this.  Unless there's been some type of bad faith or inaction by Mr. Atty, would it be more advantageous avenue f asserting my priority, by UCC-1, argument to the judge? A few things:1. The only reason Mr. Atty could possibly make a claim after receiving my office's UCC-1 and lien directing payment, is if Mr. Pt., had disagreed with the bill? Correct.2. What can my attorney do or say as an argument instructing Mr. Atty to pay out all bills, if there is no challenges in clinic charges, in priority as all liens state and as all liens were perfected?3. I understand we discussed a “motion to dismiss” but what argument can be made to:- Dismiss if there is not a challenge of charges, and Mr. Atty does not have a valid reason for the claim because Mr. Atty received notice of my UCC-1 and lien signed by Mr. Pt.- Argument for Mr. Atty to take the funds our of his trust and pay the clinics in priority of proper filed liens in order?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,664 satisfied customers
What are the ways in which a case can be dropped or

What are the ways in which a case can be dropped or dismissed after the lawsuit is filed? You wouldn't believe what I've been through just to get the defendants served, every possible trick that can be played has been played. The politics involved here have made it unbelievably difficult to bring this case to court, the defendants are literately billionaires and have even gotten to my own attorney. I've been on this website on and off for over a year complaining about this case so the odds are, whoever picks this up might already be familiar with it. I'm the beneficiary of a trust and the trustees have commited a number of torts against me that include false imprisonment, abuse if process, intentional infliction of emotional distress, forgery, one heck of s case of defamation and more. I just served the petition last week but fought like crazy to get it done, my attorney had flat out disappeared and I had to track him down and threaten to hold him responsible for missing any dates. He was almost willing to accept a malpractice suit for not serving. My question is this, how could my case be dismissed or dropped at this point? The first status conference is on 9/15 and my attorney isn't lifting a finger. He said he could ask to extend the dates in order to find an attorney and I'm trying hard to do that but what should be happening at this point in the game? The trial date hasn't even been set yet, in fact, I haven't even received their answer yet but I know that it will basically say "to heck with you". I feel like my case is slipping away and definitely isn't being monitored, if there is a sneaky way of getting it dismissed these guys are sure to try it.

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Thelawman2

Doctoral Degree

1,712 satisfied customers
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