Jared Alden Washkowitz's Answers

I filed a civil complaint and it was served. if all is true and is denied by the employer what happens if i have evidence?

After the complaint is served, the defendant will usually either answer the complaint or file a responsive motion that challenges the complaint on legal grounds (demurrer, motion to strike, improper service, improper venue, etc.). If and when the defendant answers the complaint, it is not unusual in a state court civil action for the defendant to make a general denial of all allegations in the complaint. After the defendant answers, the discovery process begins. This is when plaintiff...

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What should I do after being served court papers that are giving me 14 days to respond?

I am not admitted in Alabama and do not know the laws there, but my guess is that it's similar to most other states as far as responding to a complaint. If the attorney you hired is not responding to you, fire him and get a new one. In the meantime, call the lawyer for the plaintiff (his name and phone number should be on the court papers) and ask him for an extension to respond to the complaint. You might want to try calling your attorney multiple times and ask him to get an extension for...

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When you get a judgment aginst you - what happens

As always, the law varies by state. Typically, a money judgment against you can be executed by a lien on your property, garnishment of wages, and/or confiscation/sale of personal property. There are probably laws in your state which limit the amount and type of property that can be used to satisfy a judgment (for example, only x % of wages can be garnished; the first $x value of house exempt from judgment, etc.). Again, this varies by state, and I have no idea what the law in Texas is....

What is our responsibility to work with an insurance company before our court date.

Before speaking with the other insurer, you should contact your insurance company and let them know about the court date and that you've been contacted by the other person's insurer. Your insurance company might appoint a lawyer for you; they might call the other insurance company directly; or they might otherwise give you instructions on how to handle it. Another thing to check-- are you sure it's not an attorney representing the other guy's insurance company (as opposed to a claims person)...