David C. Garner’s Answers

David C. Garner

Employment / Labor Attorney.

Contributor Level 15
  1. Difference between court of law and court of equity

    Answered about 5 years ago.

    1. Guy Scott DiMartino
    2. David C. Garner
    3. Elizabeth Taylor Herd
    3 lawyer answers

    Generally a remedy at law would be monetary damages. A remedy in equity is based on the idea of fairness. There are not distinct courts for either as all courts can apply both. Check this out: http://en.wikipedia.org/wiki/Equitable_remedies

    2 people marked this answer as helpful

  2. II would like to file a cival lawsuit. were can I file a lawyer and what are the costs.

    Answered about 5 years ago.

    1. David C. Garner
    2. Robin Mashal
    2 lawyer answers

    You do not have to wait for the end of the trial. You can file even if they were sent to jail. The question is one of damages. How badly were you hurt? Does this person have assets? It will take more facts before we can give you a good answer.

    2 people marked this answer as helpful

  3. My husband is at fault for a chair falling out of the back of our truck which caused an accident. Just how liable are we?

    Answered about 5 years ago.

    1. Steven Ronald Kuhn
    2. Robin Mashal
    3. David C. Garner
    4. Edgardo Rafael Baez
    4 lawyer answers

    The 10K is not for your chair, its for the damage to the property of others (the other truck). You will be on the hook for the repairs to the crashed truck and any injuries that resulted. Hopefully your insurance will be enough to cover it. Otherwise, they can go after your assets.

    1 lawyer agreed with this answer

  4. Financial power of attorney

    Answered about 5 years ago.

    1. Anna Christina Serrambana
    2. David C. Garner
    3. Kenneth W Miller Jr
    3 lawyer answers

    Some people get confused with Durable Power's of Attorney and begin to see them as quasi-conservatorship arrangements. This is not the case. If your grandfather agreed to let you have the animals present, your aunt cannot, without his consent and direction, void that agreement.

    1 lawyer agreed with this answer

  5. Will an e-mail to d/a requesting continuance for procurement of counsel suffice without appearance

    Answered about 5 years ago.

    1. David C. Garner
    2. Domenic John Lombardo
    2 lawyer answers

    I would not try it. I would try to contact the clerk of the court. If they will not continue the matter, then you will need to appear and ask to have the matter continued. Without more facts, I'd say the court would grant you a reasonable continuance to secure representation. Whatever you do, don't fail to appear unless you have written confirmation from the court that the matter has been continued.

    1 lawyer agreed with this answer

  6. Speeding Ticket

    Answered about 5 years ago.

    1. David C. Garner
    1 lawyer answer

    You left out a lot of facts that would be helpful like how fast in a what, and was this radar. Technically you can try any defense, but neither that you have outlined is likely to be effective. #1 simply sounds silly as it is probably possible to exceed the posted speed limit virtually anywhere, and #2 isn't likely to work because spotting speeders is his job and thats exactly the kind of road they like to use when catching them. Assuming the road was curvey, he saw you and you didn't see...

    1 lawyer agreed with this answer

  7. Given overwhelming science facts and law, is there an attorney willing to litigate evolution out of a public school district?

    Answered over 5 years ago.

    1. David C. Garner
    2. Ronald Anthony Sarno
    2 lawyer answers

    I agree wholeheartedly with counselor Sarno. You can always find an attorney to take a case, but this would be a ridiculous waste of the courts time and society's limited legal and judicial resources. I for one am opposed to using the courts to try to ram faith-based dogmatic nonsense down the throats of schoolchildren.

    2 people marked this answer as helpful

  8. I was not approved for loan on a 7 thousand dollar water system that was installed what will happen to the water system

    Answered over 5 years ago.

    1. J Craig Williams
    2. David C. Garner
    2 lawyer answers

    I agree with Mr. Williams. If they give you a hard time and depending on how a (the) contract (oral or written) is construed, then you may have the option of revoking your acceptance of the system. If you can show that your acceptance of the system was conditional on your ability to obtain fininacing and their assurances that they could get you approved, you may be able to get out from under this. They would then have the option of recovering the system. Again, this largely depends on...

    1 lawyer agreed with this answer

  9. My husband of 6 moths is divorcing me and the papers i was served this friday say under petitioner requests

    Answered over 5 years ago.

    1. David C. Garner
    1 lawyer answer

    You need to talk to a family law attorney immediately.

    1 lawyer agreed with this answer

  10. Help with financial advisor

    Answered about 5 years ago.

    1. David C. Garner
    2. Jonathan H Levy
    2 lawyer answers

    It would be helpful to have more facts here, but based on what you wrote I think they are trying to coerce you into letting them keep $800. If you demand a refund and they tender it, there is nothing for the collections agency to collect and thus nothing to go on your credit report.

    Selected as best answer