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Pro se Plaintiff, do Judges see though the BS the Defendants write in motion to dismiss 12(b) (6)?
Peter's answer
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Answered on August 15, 2015
The judge will evaluate the motion on its merits. Unless the Defendant convinces the judge that your complaint is essentially without merit, the...
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I have won a eviction and judgement against a party but there is another party that abandon the property I wanted to know if I
Peter's answer
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Answered on August 01, 2015
If the party was residing in the household, then you might have to file an eviction action for that person as well whether they were on a lease or...
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Court fees issue
Peter's answer
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Answered on August 01, 2015
Your relative may be able to have filing fees waived if eligible based on low income, however there are many other types of fees involved in a...
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If a lawyer files a case in court as an of counsel, does he have any liability to the clients of the case?
Peter's answer
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Answered on July 25, 2015
An attorney who represents a client in an “of counsel” capacity has just as much liability as an attorney who represents a client in any other...
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I intend to represent myself in a civil lawsuit. Since I will have no lawyer, how is direct examination done? Does the judge
Peter's answer
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Answered on July 25, 2015
How a judge will allow direct testimony from a pro se litigant is determined by the judge. Sometimes they will allow narrative testimony. It is...
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Do i need a attorney for a small claims court? If so where can i find the legal help?
Peter's answer
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Answered on July 18, 2015
You do not need to have an attorney for small claims court and most people do not, however you can have one. The amount of potential recovery in...
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Hi, can a motion be presented before the first hearing date? The motion is to dismiss the case against me.
Peter's answer
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Answered on July 18, 2015
Motions to Dismiss can often be made prior to the first hearing because if the Court grants the Motion, then no answer is necessary. However each...
The Judge assigned to my case is on vacation, can I get an adjournment until she returns ?
Peter's answer
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Answered on July 11, 2015
When you appear, you should ask for an adjournment explaining that the case has a long history with which the assigned Judge is familiar. The...
Can a Private Investigator or someone claiming to be one serve summons to someone in
Brooklyn, NY?
Peter's answer
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Answered on July 11, 2015
Yes, a service attempt is legal. Anyone over the age of 18 and not a party to the dispute can serve you. Usually you will not have to sign for the...
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When I file a complaint and then file a civil suit and get discovery, am i entitled to all info I need for the law suit?
Peter's answer
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Answered on July 03, 2015
Discovery is an ordinary part of the civil lawsuit process. Once you file the complaint, you can make a discovery demand. You will be entitled to...