David A Barra’s Answers

David A Barra

Essex Junction Litigation Lawyer.

Contributor Level 9
  1. Are filings with the court considered "public record"? If so, what does that mean in terms of ability to post them publicly?

    Answered 10 months ago.

    1. John Noah Kitta
    2. David A Barra
    3. Robert Andrew Michael Burns
    3 lawyer answers

    Whether the documents are public or private depends on California law and/or whether the court has issued an order making them private. In general records filed with the court are public and can be shared. This sounds like a sufficiently important question for you that I think you should find a lawyer in your area to all about your options.

    4 lawyers agreed with this answer

  2. What is the next step in Summary Judgment after 20 days

    Answered 10 months ago.

    1. David A Barra
    2. Rachele R Selvig
    2 lawyer answers

    In general once the time for a response has passed, the court will take it under advisement and issue a decision according to its own schedule and workload. You may call the clerk's office to be sure nothing has been received by the court. Sometimes litigants forget to send copies to the other side.

    4 lawyers agreed with this answer

  3. We've all just learned of "vexatious litigants." Is there a list, naming vexatious litigants, by state?

    Answered 10 months ago.

    1. Donald Michael Gallick
    2. Blake Owen Brewer
    3. Timothy E Fizer
    4. David A Barra
    4 lawyer answers

    In addition to the other suggestions, another option is to ask in discovery for a list of all suits your stalker has been involved in. If your research finds ones that the stalker doesn't list you may have some useful material to impeach.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. What type of atty do i need?

    Answered 10 months ago.

    1. Robert V Cornish Jr.
    2. Benjamin Patrick Cowan
    3. Leonid Krimsky
    4. David A Barra
    5. Jeffrey Billie Douglas Jacobs
    5 lawyer answers

    With that amount of money in play I'd recommend finding a lawyer in your area who does commercial litigation. Not sure I understand why federal court unless the other party is not an Arkansas citizen.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. How to set a motion for hearing ?

    Answered 10 months ago.

    1. Konstantin Parkhomenko
    2. David A Barra
    2 lawyer answers

    I think the quickest way to get a response to this inquiry is to call the clerk's office or find an attorney in your area to represent you. Local practice questions like this aren't typically something someone from outside the area can answer.

    1 lawyer agreed with this answer

  6. My ex-estate attorney, who is everyone eles estate attorney in family dead or alive Promised to return my financials stored

    Answered almost 5 years ago.

    1. David A Barra
    1 lawyer answer

    If you can't reach an agreement with this attorney over the return of the materials you provided, I think you may want to consider talking to the state bar association's professional conduct committee. David A. Barra, Esq. is a member of the American Academy of Estate Planning and the National Association of Elder Law Attorneys. He practices in Essex Junction, Vermont. This answer is for informational purposes only and is not intended to constitute comprehensive or specific legal advice. The...

    2 people marked this answer as helpful

  7. What is the worse kind of penalty for Executor/trustee and attorney for?

    Answered almost 5 years ago.

    1. David A Barra
    1 lawyer answer

    In general, executors need to report to probate court, usually annually. Any issues regarding an executor's behavior can be brought to the probate court's attention. Hope this helps. David A. Barra, Esq. is a member of the American Academy of Estate Planning and the National Association of Elder Law Attorneys. He practices in Essex Junction, Vermont. This answer is for informational purposes only and is not intended to constitute comprehensive or specific legal advice. The author...

    1 person marked this answer as helpful

  8. What is my recourse as main caregiver and medical & durable poa for Mom if 2 siblings had her sign new one without my knowing?

    Answered almost 5 years ago.

    1. David Michael Coffey
    2. David A Barra
    2 lawyer answers

    Texas law will control the particulars of your situation. In general, medical and durable powers of attorney are revocable by the principal. That means they can be changed at any time. However, I think that your concern is that your siblings are exercising undue influence over your mother to her detriment. Is there also a concern that your mother is no longer able to act for herself? If these are your real concerns the proper forum to resolve this is probate court where your mother's needs...

    1 person marked this answer as helpful

  9. DO I have to have the date in which I signed the last POA to revok it?

    Answered almost 5 years ago.

    1. David A Barra
    1 lawyer answer

    Different states have different rules regarding powers of attorney. These general statements may not apply in your state. Generally, a power of attorney can be revoked by a letter from the principal saying that all prior powers of attorney are revoked. Further, a letter to a specific third party indicating that a particular agent is not an authorized agent may provide the principal with a cause of action against that party if they ignore the letter and recognize the rescinded power of...

    1 person marked this answer as helpful

  10. How do I file a motion to vacate judgment. Sued by apartment company

    Answered 10 months ago.

    1. Brandy Ann Peeples
    2. Alan James Brinkmeier
    3. Gerard F Miles
    4. David A Barra
    4 lawyer answers

    If the judgment was entered because you didn't answer the complaint by filing something with the court, you may be able to ask the court to re-open the case and allow you to file an answer. The court clerk's office may be able to direct you to a resource for a form to use and let you know if there will be a charge to file the motion. Most court's don't favor default especially if you have a valid defense. There may be other hurdles to re-opening this. You may want to check out if there...