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Lawrence Allen Stein

Lawrence Stein’s Answers

432 total


  • How long before I find out the judgment?

    Was delivered papers, (summons), to appear regarding, Complaint In Forcible Entry And Detainer I immediately contacted the circuit clerk to inform them I was unable to attend court, due to a prior appointment made by the state to be seen by one o...

    Lawrence’s Answer

    The clerk is not the court. The clerk simply handles the paperwork for the court. Only the court, or the plaintiff's counsel (with the court's consent) can reschedule a hearing or extend the time for either party to take an action for which the law provides a deadline.

    It is likely that the court entered a judgment for possession and rent against you at the hearing in your absence by default. You have 30 days to file a proper motion with the clerk to ask the court to vacate, set aside, or reconsider that order. There will be a fee to file that motion. You will have to mail the plaintiff's counsel a copy of the motion when you file it. You will have to follow the proper procedure to present the motion to the court after you file it. Until you timely file such a proper motion, any judgment forpossession or rent will likely be enforceable, and will be enforceable if the motion is improper or denied.

    Hire a lawyer, or start packing your things.

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  • Pro Se Litigant: I am scheduled for a status hearing in District court.

    I live out of state and I qualified for forma pauperis status. I am unable to travel at this time. Are there any other options for me to answer the court. I am not sure what goes on during this type of hearing. Any insight would be appreciated. ...

    Lawrence’s Answer

    Call the judge's secretary and ask if you can participate in the hearing by telephone.

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  • After signing and the judge agreement with settlement is there any chance of WC appealing?

    just making sure that we are done and just now waiting for the check or should we be concerned they will be watching us?

    Lawrence’s Answer

    Anything's possible, but you're probably good to go.

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  • Can a district Court also have jurisdiction over bankruptcy?

    Can a district Court also rule in a bankruptcy case?. I am suing a bank and it involves bankruptcy violation (of the stay) can a district Court also rule in a bankruptcy part of it?

    Lawrence’s Answer

    To add to my colleagues' fine answers, I would also say that the bankruptcy court's jurisdiction arises out of an automatic "referral" of the case by the district court. Sometimes, you can get the district court to withdraw that referral and re-assume jurisdiction over the case.

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  • Can I subpoena my ex wife's attorney for a list of my tools sold in a auction . Ex wife no longer lives at our home.

    I cannot serve her at her place of employment

    Lawrence’s Answer

    You may be able to serve her at work. The local sheriff has a badge that opens many doors. United States Marshall do too. And creative private process servers can accomplish almost any service. And, if your ex-wife is already a party to pending proceedings in court with you, you likely don't have to even subpoena her, you may be able to simply mail her lawyer a notice. But you very likely cannot force her attorney to testify.

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  • Can I ask for a jury trial at a pre-trial hearing?

    This is regarding attorney fees

    Lawrence’s Answer

    Sure, but in civil cases there are deadlines to meet to validly demand a jury trial. If that time has expired, your request will likely be denied.

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  • Can you appeal a small claims if it was with circuit judge

    I sued a client and won then she went to hire small claims court and then the judge went in her favor r for all the wrong reasons. She had an lawyer that was not on the docet till that morning.

    Lawrence’s Answer

    Yes, you can appeal the second, adverse ruling.

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  • Can you appeal a divorce settlement inpalm beach county florida if you were not given the facts and pressured to sign a MSA

    i was forced to sign this Marital 'settlement Agreement on the court steps

    Lawrence’s Answer

    Generally, you cannot appeal from a ruling you agreed to. You may be able to ask the trial court to vacate the "settlement" on the grounds of withheld information or duress, but those are both very hard to prove.

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  • Need a litigation lawyer

    Construction

    Lawrence’s Answer

    Have you been sued, or do you have a suit to file? There are good lawyers everywhere. You'll find one.

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  • Are there any cases of importance which were originally dismissed a frivolous but later determined by the US Supreme Court or

    COA not to be? I have been looing for a link nline but cant find any to answer this question. Thank You.

    Lawrence’s Answer

    I'm sure there are, but cases don't get dismissed for being frivolous, instead, after the court determines who wins and who loses, the winner can ask the court to rule the case was not just a loser but actually frivolous, which would permit the court to order the loser to pay the winner's legal fees.

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