Get free answers to your Civil Litigation legal questions from lawyers in your area.
I'm pursuing a discrimination and retaliation case against a state agency, with my EEOC/state agency filing deadline on May 24, 2025. Multiple law firms have declined to represent me due to case complexity, involving systemic retaliation, APS misuse, and defamation. I have strong direct... View More 
answered on May 8, 2025
If you wait too long to file, the statute of limitations will bar your claims. If you cannot get a lawyer, lay out the facts and all possible claims in your complaint as best you can, to protect against the statute of limitations. You can then delay serving the complaint to buy more time to seek... View More
I was driving for a company and performing my job duties when an accident occurred, resulting in both vehicles involved being totaled. The company initially said they would handle the situation, but it has since gone bankrupt. Now, I've received a lawsuit despite having personal insurance... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2025
I'm sorry to hear about your situation. Navigating liability after a car accident while performing job duties can be complex, especially when the employer has declared bankruptcy. Here's an overview based on Washington State law:
1. Employer Liability Under Vicarious Liability... View More
I was driving for a company and performing my job duties when an accident occurred, resulting in both vehicles involved being totaled. The company initially said they would handle the situation, but it has since gone bankrupt. Now, I've received a lawsuit despite having personal insurance... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2025
In California, if your partner or spouse—who is not listed on your auto insurance policy—drives your car with your permission and causes an at-fault accident, your insurance company may still provide coverage under the "permissive use" provision. However, there are important nuances... View More
I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2025
I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More
I have been faithfully paying child support for several years, totaling over $39,000. The other party owes me approximately $2,000. Now, they are attempting to take me back to court to offset their owed payments. Can they do this, and how should I proceed with the existing disparity in owed amounts?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2025
A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More
Four siblings inherited a house, with one sibling living there for 14 years. Due to domestic violence incidents involving another sibling, this sibling has not been allowed access. They are now suing to force the sale of the house and obtain a key. Given the police report documenting domestic... View More
answered on May 7, 2025
The inheritance of title to the house and the domestic violence are two separate issues for the courts because title and possession are two different things under the law.
Inheritance of title by the four siblings cannot be ignored. It does not sound as if an estate was ever opened and the... View More
I was taken advantage of by a contractor recommended by my husband's nephew during my house renovation. After my husband's passing in September 2023, I didn't realize I hired someone unlicensed and without a contract. He continually asked for money until my savings were depleted, and... View More
answered on May 7, 2025
Yes, you have a case. In CA, unlicensed contractors are not permitted to do the remodel work on your home without serious consequences. You have statutory rights to sue the contractor for the return of ALL money you paid him, as well as other civil penalties. Contact an experienced civil litigation... View More
In April 2024, we purchased a home in Houston via licensed real estate agents, one of whom also acted as the listing agent. During renovations, we discovered drywall dated 2017 installed at the two-foot level, along with hidden black mold and other clear signs of undisclosed flood-related repairs.... View More
answered on May 7, 2025
You likely do not have any claim against the real estate agents. Any claim you have is against the sellers. It is likely there is no insurance covering these claims you are making against the sellers. Unless you can demonstrate that the sellers have non-exempt assets (like cash, publicly traded... View More
I have a final divorce judgment that requires property separation through a QDRO, specifically a cash payment from a 401(k) by a specific date. That date has now passed without payment. I have not yet contacted the 401(k) plan administrator. We hired a QDRO specialist to handle the filing. There... View More
answered on May 6, 2025
I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More
In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More
answered on May 6, 2025
There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More
I have been the sole owner of my father's commercial property (3.4 acres, including a house and five rentals) in Georgia for the past 16 years, holding the deed in my name. Five years ago, my father passed away after writing a will, which was not recorded, dividing the property among me and my... View More
answered on May 6, 2025
Yes, your ownership of the real estate is not affected by the will of your father. The will can only distribute real estate and other assets actually owned by your father. Also, because you own the property individually, you cannot ask your siblings to contribute to the cost of upkeep, maintenance,... View More
My dad passed away when I was a minor in Texas without a will, and my half-brother, whom I've never known, became the executor of the estate but did nothing. The court had ruled that the property should be sold and the money split between us, but I have not received any. Recently, I received a... View More
answered on May 6, 2025
First, you can hire an attorney to file an answer on your behalf in the delinquent tax suit. Your attorney may be able to negotiate with the taxing authorities to set up a payment plan for you to tax your delinquent taxes on the land you inherited. There are companies who will extend land loans... View More
As the executor of an estate or trust, my past criminal record was expunged and I was granted a full pardon. However, the beneficiaries are questioning my qualifications, with their lawyer accusing me of perjury. A court hearing is scheduled for May 12th to address this. I haven't yet shown my... View More
answered on May 5, 2025
I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More
In 2018, I was evicted from my apartment, which I paid in full. Recently, I discovered that Invitation Homes has a debit judgment against me from that year, impacting my credit and criminal background check, even though they were not the property owners of the apartment complex. I have all court... View More
answered on May 5, 2025
It is unclear what you mean by the company "has a debit judgment against you." It sounds like you have confirmed that it does not have a debit judgment against you. It sounds to me like there is nothing that either you or it needs to do as there is no issue to correct. If a judge has... View More
I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs.... View More
answered on May 5, 2025
You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing... View More
I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More
answered on May 5, 2025
The misfiling of a subpoena by a clerk will not void a case. Worse case, it will prevent you from having a court issue a capias for a recalcitrant witness until you correct the misfiling.
You can obtain a new or amended return of service of the subpoena from the officer, process server, or... View More
I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More
I have been experiencing electronic harassment for the past 4 years, including feelings of physical discomfort, hearing voices, and intimidation, including threats against my family. I have recordings and pictures of a drone that I believe is involved in this harassment. Despite reporting the... View More
answered on May 5, 2025
A recording or picture of a drone is probably insufficient in and of itself. There are lots of drones. You would need some evidence of exactly what the drone is doing. Without hard physical evidence and the identity of the individuals who are harassing you, this is not a legal problem. Police... View More
I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More
answered on May 5, 2025
First and foremost, you should file a motion to extend the time to file your brief for an additional 30 days. If this is a first extension, it will likely be granted. You can cite errors in the Clerk's record as good cause for the extension.
Second, you need to retain a lawyer who... View More
I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More
answered on May 5, 2025
I further note that the filing of an appeal does not stay whatever judgment the trial court entered against you. Unless you post a supersedeas bond, or cash in lieu of a supersedeas bond, the mere filing of your appeal will not stop the other side from garnishing your bank accounts or seizing any... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
