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I was brought in as a third party defendant and the third

I was brought in as a third party defendant and the third party plaintiffs sued me for a bunch of claims. The third party plaintiffs were sued for a different claim and were brought into federal court. They now brought me in as a third party defendant but are suing me for exactly what they are suing me for in district court. I did a motion for summary judgment in district court but it hasn't been heard yet. Can I file something in federal court to dismiss sincerhe exact same claims are pending in district court?

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INFOLAWYER

Attorney

Juris Doctor.

40,166 satisfied customers
If EDD took funds from federal taxes and filed a summary

If EDD took funds from federal taxes and filed a summary judgement because of an offset but I was never informed of an unemployment overpayment, am I able to fight the 30% penalty and interest they charged. They said they sent two notices to an old address but they never bothered to call me and they have my current phone numberJA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: They told me they filed a summary judgment because o didn't responded to the notices they sentJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Phillips Esq.

Attorney

Juris Doctor

20,698 satisfied customers
I try to keep it short but not leave out important details.

I try to keep it short but not leave out important details. I was working for some guy I found through craigslist doing solar install work. Anyways I end up being his lead or whatever the role was it was never discussed. Basically I ran a crew of installers which they were paid but always late when it came to me he kept telling me that the people who he was subbing out the work to hasnt paid him yet and hes using money from his other project to fund or pay the other employees wages. He telling me we will discuss about my pay next week or later on or whatever. On top of not paying me I was spending money out of my own pocket to buy materials because he lived out in Southern California and at the time i was living in the Bay Area. So I didnt mind buying materals as long as he reimbursed me for them. So everytime we would give me 1 check in the total amount to pay off the guys and to reimburse me on all or partial amounts I have spent out of my pocket on materials and gas and maintenance of the company vehicle. So as the time keeps going, guys come and go due to lack of pay or very late pay sometimes after a whole month of work were they ever paid and me has yet to get paid a dollar for my services. I worked 7 days a week 10 - 15 hour days. I usually had 2 days out of a month off at most. and even on the days off i was working coordinating with the project manager, warehouse manager, and customers to figure best time to get eveything installed and if everything was ready to go and on which date and so on. All that soon comes to an end and I still wasnt paid for almost 4 months of extreme hours of working on top of money spent out of my own pocket which was never reimbursed either of around 8000. So I take it to the labor board and he never appeared once. So I win by default.Time goes by i get awarded the judgement and labor board people ask if i need assistance to collect the money I replied back sure. So they went ahead and did there thing and put up levys and suspended his contracting license until he pays me. So thats when he answered back with his new lawyer stating the judgement be vacated due to improper serving of the papers to notify there was a case involving him. Basically he said he never knew. But thats what makes me upset about this whole thing is I was served to more than 1 location. The papers were served to all businesses that he had partnerships with and also it was served to his many other businesses and addresses he registered under. And also the date that he said he had relocated his business was in beginning of February 2014. But on public records it didnt show he registered to that new address until mid to late 2015. As well as his and his wifes joint business which was registered at an address he was served the papers at as well until August 2016. I filed with the Labor Commissioner Board in March 2015 and got a response in April 2015. Upon doing more research on him he has had and is still going through many other civil cases which most of them ends up with the other party not showing up in the end and a current case hes being sued by one of his business partners. I dont understand, even in his evidence trying to say he paid me shows clearly the email between me and him, and I stated how much he owes me for materials as well as all the weeks up to that point where he hasnt paid me and there were never any objections from him whenever I mention how much he owed me. I also have text messages from other employees complaining about when will they get paid as well as him texting me and forwarding text from other employees with their rage text to him demanding for their pay. All these text which I have saved text messages from my old phone saved in a raw data form saved in an xml type file. File was extracted directly from my old phone and uploaded to my gmail accounts. I actually have many years of text message work related or not uploaded to my emails.So to continue Im doing all this filing myself, I found out the hard way what a tentative ruling was 2 days ago. He filed for motion to set aside judgement do to not receiving notice of hearing. Which he got granted the motion which really confused me because I had spent 2 weeks prior to the date I was informed of studying and researching and gathering evidence so I could argue against it in court to find out I had to object prior to that date, posted online. And this is where im at, is there anything else I need to know or add to this. And which exact forms do I need to fill out for right to attachment, carry out the attachment as well as set a motion for reconsideration. Do I file all these at one time and which forms exactly do I need to fill out? And is there anything else I need to do or know? Oh ya bonding for the attachment process too. Do i get the bond prior to, after, or during the submitting of the rights to attachment, the attchment itself and some sort of affidavit to go with the and reconsideration claims?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I sold a house to a friend for sale by owner as is. We

I sold a house to a friend for sale by owner as is. We agreed to 600,000 to meet the appraisal. And negotiated a 40,000 personal loan as the house was worth 640,000. The house sold in 2003. I told them they didn't have to pay me back when I was retirement age. I am that now. I have letters from them sating that they owed me 40,000. We didn't sign a note as I raised these kids for 5 years. Now they say they don't owe me anything. Do I have any rights to collect it?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: los angeles county caJA: Has anything been filed or reported?Customer: no i don't know what to do i don't have a noteJA: Anything else you want the lawyer to know before I connect you?Customer: We sold it for sale by owner

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Gerald, Esq

Juris Doctor

6,540 satisfied customers
Question: Here is my draft "Response In Opposition To

Question: Here is my draft "Response In Opposition To Plaintiff's Motion For Judgment On The Pleadings." Do you see anything that needs to be changed before submitting to the court (I know I have to clean-up #1 and the caselaw citations in #4)?DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S motion for JUDGMENT ON THE PLEADINGSAND NOW comes the Defendant, FIRSTNAME LASTNAME, Pro Se (“Defendant”) and moves this honorable Court, and requests, pursuant to Fed R. Civ. P. 12(C) this Court to deny Plaintiff's Motion, and moves this Court for an entry of an Order Denying Plaintiff's Motion, and files this Response and in support thereof and states:1) A document filed pro-se is “to be liberally construed, “Estelle v. Gamble, 429 U.S. {97} at 106,XXXXX285, and “however in-artfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers,” ibid. (internal quotations marks omitted). Cf. Fed. Rule Civ. Proc. 8(f) (“ All pleadings shall be so construed as to do substantial justice”).2) Judgment on the Pleadings pursuant to Fed R. Civ. P. 12(C) can be granted to the movant only when no genuine issues of material factual dispute remain.3) In the present case, genuine issues of material factual dispute do, in fact remain (e.g. Where are the alleged promissory notes allegedly signed by Defendant nearly 30 years ago? Where are the alleged loan applications allegedly signed by Defendant nearly 30 years ago?)4) With respect to student loans, "to recover on a promissory note, the government must show (1) the Defendant signed it, (2) the government is the present owner or holder, and (3) the note is in default."United States v. Lawrence, 276 F.3d 193, 197 (5th Cir. 2001); United States v. Calzon, 2009 WL1585983 (S.D.Fla. 2009); United States v. Pognon, 2010 WL(NNN) NNN-NNNN(S.D.Fla. 2010); Student Loan Marketing Association v. Hanes, 181 F.R.D. 629 (S.D.Ca. 1998); cf., Form 1.934, Forms for Use With the Florida Rules of Civil Procedure.5) Plaintiff's Complaint includes nothing bearing Defendant's signature. Therefore, genuine issues of material factual dispute remain.6) The Complaint contains as evidence in support of the existence of the alleged promissory notes nothing more than attached Exhibits in the form of affidavits (“Certificates Of Indebtedness”) signed by those with no personal knowledge of the alleged events that occurred nearly 30 years ago. Therefore, genuine issues of material factual dispute remain.7) As required by the Federal Rules of Civil Procedure, the responsive pleading of the Defendant is sufficient as the Answer is sufficiently particular to inform the Plaintiff as to the defenses it will be called upon to meet (i.e. Defendant has informed Plaintiff that Defendant does not believe various of the allegations are true and that Defendant intends to prove that.) The Federal Rules of Civil Procedure requirements therefore have indeed been met.8) In Plaintiff's Brief in Support of Plaintiff's Motion for Judgment on the Pleadings, Plaintiff states “Plaintiff has no idea which portions of the paragraphs of the complaint (Paragraphs 3, 4, and 5) are untrue and/or why the paragraphs may be untrue if the Defendant is asserting that the entire allegation is untrue.” The irony here is if Plaintiff is unsure what allegation in the paragraph Defendant is denying as untrue, then Plaintiff has not correctly drafted its Complaint, because each paragraph is supposed to only have one allegation. Therefore, genuine issues of material factual dispute remain.WHEREFORE, the Defendant respectfully ***** ***** Honorable Court deny Plaintiff'sMotion pursuant to Fed. R. Civ. Proc. 12(c), and to grant the relief he request above.

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John

Attorney

Doctoral Degree

8,640 satisfied customers
This question is for Emplmntlaw1. Question: In my Response

This question is for John Emplmntlaw1.Question: In my Response in Opposition to Plaintiff's Motion for Judgment on the Pleadings, should I bring up the fact that plaintiff (dept of education) didn't attach any promissory notes/loan apps/anything-at-all-with-my-signature-on-it in their Complaint? (The only evidence they included were three Certificates of Indebtedness.) Or should I address ONLY the fact that my Answer to the Complaint was in fact legally adequate?Background: I'm being sued for allegedly defaulted fed student loans. I had asked you previously (http://my.justanswer.com/question/index/f4b1d6fae0394ef7bbecb810a18f2c5d) whether plaintiff's claim in its Motion for Judgment on the Pleadings was correct - that my Answer was inadequate.I'd answered "Denied as untrue" to the allegations; and I had a single affirmative defense: "Failure to state a claim upon which relief can be granted." You said plaintiff was incorrect; that my Answer was adequate.

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John

Attorney

Doctoral Degree

8,640 satisfied customers
This question is for Emplmntlaw1. Being sued for alleged

This question is for John Emplmntlaw1.Being sued for alleged defaulted fed student loans.Plaintiff filed Motion For Judgment on the Pleadings. Why would he do that rather than Motion For Summary Judgement? What is the difference between the two and why would he choose one over the other?

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John

Attorney

Doctoral Degree

8,640 satisfied customers
I am citing in a Brief I am preparing a Seventh Circuit

I am citing in a Brief I am preparing a Seventh Circuit holding that has been cited by other Circuits as controlling law concerning "transaction" as defined by the FDCPA. I need to know in layman's terms what "negotiate or contract" means as held by the Seventh Circuit in the case, Bass v. Stolper, Koritzinsky, Brewster & Neider, S.C., 111 F.3d 1322, 1326 (7th Cir. 1997).Citation: "The FDCPA limits its reach to those obligations to pay arising from consensual transactions, where parties negotiate or contract for consumer-related goods or services." Bass, 111 F.3d at 1326.What I am wanting to know is, does "negotiate or contract" mean a written Agreement is required?

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Dwayne B.

Juris Doctor

37,212 satisfied customers
Can you direct me to an attorney that can help me to file a

Can you direct me to an attorney that can help me to file a motion to get additional time to file an informal brief to the appellate court.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MarylandJA: Has anything been filed or reported?Customer: Yes, I went to the US district court in Greenbelt, Md where my case was decided. At that time I paid 505 dollars to the court clerk to file an appeal. I then received a packet from the Clerk's office US Court of Appeals for the 4th Circuit in Richmond, Virginia. They sent me directions for informal brief due by January 30, 2017. Three weeks earlier I contacted an attorney but never heard anything from him until yesterday. At that time his assistant informed me that they would not be taking the case.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, The attorney used the term prime facia case not presented. I believe this means that insufficient or inadequate information was submitted by my attorney. After looking at the Judges opinion I saw little or no evidence that the thousands of pieces of evidence I submitted to my attorney were ever used to defend or rebut their allegations.

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Dwayne B.

Juris Doctor

37,212 satisfied customers
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