He has a home in the city and is only on the lake weekends. Hi, Anne. The first thing you could do is call the town or city offices and find out if the person violated any ordinances or codes when building the house. In some municipalities, a property owner is required to provide notice and get acknowledgment from neighbors before making a significant change to the property.
But if they violated any ordinances, codes, or local laws, you might be able to have them held responsible for those violations. You can determine the answers to these questions by looking at your property documents or talking to an attorney in your area.
You made an interesting point when you talked about how it is a good idea to be objective when you are looking to sue someone. Would it be a good idea to hire a process server when you are looking to file a lawsuit against someone?
It seems like it would be important to do this so that you can make sure that the other person is aware of the legal action that is being made against them. Thank you for the comment. All states require that plaintiffs serve defendants with copies of the Summons and Complaint. Hiring a reputable process server is a good way to ensure that service is done properly.
I was rear ended by someone who had been drinking. The eye witness asked the man who hit me if he had been drinking because he smelled like alcohol.
The man who hit me said yes he had been drinking. The car cost 22, Can I sue the man who hit me? Hi, Jennifer. If you still owe more than the car is worth, the insurance company will pay you the actual cash value.
The insurance company might pay the settlement to your lender, or it might come to you and you would pay it to your lender. But you are still responsible for paying the balance of the loan unless you have gap insurance. Gap insurance would usually cover the difference between the cash value and what you owe. As far as a lawsuit against the drunk driver, you should speak with a lawyer about that. Enjuris has a lawyer directory that can help you find someone who can work on your case.
I hired a company to do some dirt work in my back yard. They were to taper the yard away from the house and install french drains at the bottom of the hill in the back of the yard.
They did install the drains and they would work great IF the yard were higher than the drains. The center of the yard is like a bowl and hold the water as it is lower and not tapered. Also, the drains themselves are showing through the dirt as the whole problem is that they did not bring in enough to begin with. Well now its worse. Now it almost comes into the back door if it rains for very long. I have called, texted, sent emails to no avail. I have pictures, dates and videos from all the times it has rained and how bad the yard is.
It now stays swampy and damp all the time. Is there a statute of limitations on this kind of issue if I try and take him to small claims court? Would I even have a leg to stand on? Thank you for your time. Hi, Jamie.
Thank you for sharing your story. That will help you in small claims court. You also need to present the court with a demand — i. You might want to get some quotes from other companies that do the same type of work to see what it would cost to get the situation fixed and that amount might be an appropriate demand. Hi, I bought an SUV in with my ex. The vehicle and is under my name. Because she had bad to little credit, the dealership used my credit score.
Currently she is making payments to the vehicle. I have also paid for auto insurance for the past 12 months. I am tired of paying that. What should I do?
If the title and loan are in your name, you are technically responsible for making the payments even if she has agreed to make them. I own a house in FL and have savings and current bank accounts. If I get sued successfully by my ex-employer I was their General Manager overseas , what can the court recover from me?
What do I need to do now to prepare besides seeking legal advice? I would recommend talking to a Florida attorney to get advice on what you can do to protect your assets. In general, plaintiffs who obtain successful judgments can garnish a certain percentage set by the state of your wages. Plaintiffs can also put a lean on your home. From Ohio I was planning to meet someone for a date that was out of town. I changed my mind about meeting him and now he is threatening to sue via small claims.
No official contracts were made but I did mention, via email that I would pay him back. The basic elements required to form a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Based on the information you provided, it does not appear that you entered into a valid written or oral contract. From Florida Ex bought house and was going to put my name on after closing.
I have put 65k in the home and have proof of every receipt and now he has refused to put me on deed or pay me my money back. How can I sue him? I would recommend reaching out to an experienced attorney in your area. Most initial consultations are free. The victim can also file a civil suit in which case the person can recover the fair market value of the stolen property. From Washington, I was assaulted by an ex freind he was found guilty in court though i was not injured i had to leave the state and a good job to get away from him can i sue him for this.
In Washington, you can recover both economic and non-economic damages. Economic damages are the monetary losses caused by an injury medical expenses, etc. Non-economic damages are the non-monetary losses caused by an injury mental anguish, etc.
So to answer your question: Yes, you can file a civil lawsuit against your friend for assault. Whether or not leaving your job is considered a direct cause of the assault is a question for the jury. From Pennsylvania I loaned money to a friend 10K for his business for a period of 8 months. Every time he said he would pay me back. The last time in March he said he would pay me by May part of the money. I asked him to start payment on March 31st, In June, I asked him to give me a plan of how he was going to pay me back.
He did not respond. In July, I discovered that he had blocked me. I sent him several messages through different phone numbers, and he did not respond. Then I made him unblock me in September, by telling one of his family members the situation. I called him dishonest, disloyal, and a thief. Then this individual got mad at me and played the victim. To this day, I have not received a single dime. All of this information is by text messaging. Hello, Rose. I hope that you have a written record of the loan because that can help you.
Print two copies of any correspondence you have… texts, emails, any agreements you signed, etc. From Virginia Jennifer, I agree with what you said that before suing someone, you should be objective and examine your case without any bias to determine if you have a good legal case. From Texas My husband was involved in an accident at our apartment complex.
The opposing person was on the phone and crashed the back door of the car. We have made a claim and personal statement to his insurance but they say they can not give us money or a liability confirmation because the opposing person has not made his statement. We did not call the cops that day so there is no report and I am looking to sue because an officer recommended I take it into a civil matter since he is not being responsive to insurance.
Can I really sue him? Hi, Elizabeth. Depending on the amount of damages, it might make sense to file a lawsuit in small claims court. If you go this route, you want to look for a Texas lawyer to represent your interests. Bear in mind that not having a police report might work against you. Regardless of how the accident happened, any type of legal claim would rely on evidence. There are other types of evidence, like witness statements, security footage, etc.
A lawyer can review your evidence, help you determine what will be relevant and helpful, and work with you through the process of filing a lawsuit. From Texas I have a neighbor who has been harassing me. He has been yelling ,cursing, and has been exposed himself to me.
He has followed me and my handicapped client around the block harassing us on our morning walk. I spent 3days in the hospital with having tests done. I now have a hospital bill over Can I sue him for the cost of my medical bills? I would recommend meeting with a Texas personal injury attorney near you.
You can find one using our free online directory. Most initial consultations are free and the attorney will be able to discuss which option is best for you. The company that I have leased a vehicle with in the past, fraudulently signed my name into another leased contract and turned it into the city to have that ticket assigned to me. I have tried reaching out to have him fix this but he refuses. I am afraid he will do it over and over, if I do not do something about this.
I would recommend contacting the police. You can find the contact information here. In addition, you might consider suing the company in small claims court for the damages i. This will have the added benefit of discouraging the company from attempting to commit fraud again. Your blog has provided useful information for the work. All the tips in the post are great. Thanks for sharing. They told me that they would be able to sell then to a out of state buyer.
We drew up a contract signed and left cards in there care. You can find an attorney near you using our free online directory or by contacting the Wyoming State Bar. Most initial consultations with attorneys are free.
When you meet with your attorney for the first time, be sure to bring a copy of the contract you signed and any proof that you left the missing cards with the card shop. From California Sept of I moved in with my mom. Not soon after I met the lady my mom paid rent too. Anita from ERA. I was rearranging things in the garage. She gets out of her car comes up to me wanting to know who I was who stuff was his in the garage and who I was to Nancy. I pretty much knew it was a landlady who else would be asking me these questions.
On a day I was supposed to leave with plans of not knowing where I was going my mom gets a phone call from her she had changed her mind I could stay.. So I sent another email asking the same thing her response was your mother is no longer on section 8 she told me the amount of rent along with I will be by Friday to get the keys hopefully all your stuff will be out so I can start getting things ready for a new tenant. Hi, Sherry. Best of luck — I hope it all works out favorably for you.
Can I make him pay for what he damaged of mine? Is a well as how he damaged me? Hello, there. If you have documentation of the expenses for damaged items, you might be able to file in small claims court for the amount it cost you to have them repaired or replaced.
You would need to know the specific dollar amount for each item cost for repair and proof that he caused the damage. I would also encourage you to reach out to your local police department to inquire about an order of protection.
Certainly, if this person has threatened you or your children, you should not hesitate to get officials involved. Teach your children to do that, also. From Pennsylvania My mom passed away my sister took my vehicle and I have all the receipts with all the money I have into the vehicle. If you want to sue a neighbor because the neighbor behaves badly, will suing make the neighbor behave better?
Courts cannot force good behavior. Will the time and money it takes to go to court be worth the likely outcome? Ask yourself these questions before filing your claim so you do not find yourself worse off after suing than if you did not sue at all. Learn about how small claims court works.
Once the defendant is served with the Complaint and Summons the Summons is prepared by the Clerk of Court and instructs the defendant when to respond to the Complaint , they have 28 days to respond in writing. If they do not respond, you can file a motion for default judgment to ask the judge to rule in your favor as the defendant is not disputing the claim against them.
If the defendant replies within 28 days, your case will be assigned to a judge who will set the matter for a hearing. If all parties are represented by a lawyer, the judge will conduct a telephone conference to try to settle the matter or set up a trial schedule.
If either party does not have a lawyer, all parties have to appear in court for a case management conference or pretrial in an effort to settle the case or set up a trial schedule. Before youdecide to prepare your Complaint without an attorney, it may be helpful to examine information about Representing Yourself in A Civil Lawsuit.
However, the information is general and quite useful. Once you have prepared your Complaint, it must be filed with the court. You can mail it to the Clerk of Court, or you can deliver it yourself. If you are mailing or bringing your complaint form to the court, you must have two 2 copies of the completed complaint form and two copies of any attachments that you wish to file with your Complaint.
If you are suing more than one defendant, you must bring two copies of the Complaint and any attachments for each additional defendant. If you mail your Complaint to be filed by the Clerk, please include an extra copy of the complaint and a self-addressed, stamped envelope. The clerk will return a time-stamped copy of the filing to you in this self-addressed envelope. Summons: Besides a complaint with its causes of action, you will need a summons form.
The summons is a form notice that tells the defendant he or she is being sued and gives the time limit for responding. There are several types of summons forms, and you will need to figure out which one you need for your case.
Click to find the court forms. It is very important that the names of the defendants appear on the summons exactly as you have them listed on the complaint. Local forms: Most courts also require certain local forms to be filed when a case is started.
Check with your local court for any forms that must be filed and served on the other side. Once all your forms are prepared, you will need to file them in court to officially get the case started. Before you file any forms, make at least 2 copies of all your paperwork. Take the original of your documents and the copies to the court clerk in the courthouse where you are filing your case. The court clerk will file your papers and give you a case number.
You will have to pay a filing fee to file your papers. The amount of the fee depends on what type of case you are filing and how much you are suing for. If you cannot afford the filing fee, you can ask the court for a fee waiver.
If the court waives your fees, you won't have to pay. But if you win your lawsuit and collect money, the court may ask you to pay back the waived fees. After you file your lawsuit, you have to let the defendant or defendants, if you are suing more than one person or company know that you are suing.
This means you have to have someone not you 18 or older deliver a copy of the papers to the other side. When you serve someone for the first time in a case, like when the case is just starting, you usually have to serve him or her in person.
Read the Service of Process section to find out how to serve the defendant. Then, make sure you file the proof of service with the court. There must be a proof of service for every party served. In general, the defendant has 30 days to file a response to the lawsuit.
If the defendant does not respond in time, the court can enter a default. Once a default is entered, the plaintiff can ask for a default judgment against the defendant. The plaintiff can win and get a judgment for up to the amount that he or she asked for in the complaint. You have to follow some steps and fill out forms to do this.
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