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Michael Paul Scruggs's Answers

Michael Paul Scruggs
Mercer Island Litigation Lawyer.
Contributor Level 5

1

Attorney answers:

  1. Michael Paul Scruggs

Does exhibits count toward the page count in your affidavit when filing a contempt?

Asked by a user in Seattle, WA - 10 months ago.

Generally the page requirements only apply to the Motion and Memorandum in Support of the Motion. In King County, for example, an initial motion and memorandujm is limited to 12 pages, the opposing memorandum is also limited to 12 pages, and the movant's reply memorandum is limited to 5 pages. Again, these limitations generally do not apply to Declarations, Affidavits and attachments thereto. Make sure to check the local rules for the particular court you are submitting the motion to. There...

4

Attorney answers:

  1. Frank Wei-Hong Chen
  2. James Juo
  3. Ann A. Hull
  4. Michael Paul Scruggs

Deposition request

Asked by a user in Los Angeles, CA - 10 months ago.

Yes, you have a right to request a copy of the deposition. However, the cost of a transcript can be very expensive, so ask the reporter for the price before you order it. An original transcript of a deposition can range from hundreds to thousands of dollars, depending on the length of the deposition and the number of the exhibits. Becuase your funds are limited, you may want to see if the deposition transcript might be available from one of the other parties to the lawsuit. You may also want to...

2

Attorney answers:

  1. Pamela Koslyn
  2. Michael Paul Scruggs

I won a case in Wake County small claims, waited the appeal period, filed the exemption paperwork...defendant still hasn't paid.

Asked by a user in Cary, NC - 10 months ago.

The answer to this questions varies from state to state. However, you may need to file the Small Claims Judgment in the trial court in your jurisdiction to actually take enforcement action. Once the judgment is properly filed, you should determine whether the debtor owns real property and find out how to properly record the judgment in that jurisdiction as a lien against the real property. Execution and garnishment can become complex quickly and, if you really want to collect your judgment...