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James K. Lyder

James Lyder’s Answers

198 total


  • Can a counterclaim defendant remove an entire case from SC to Federal Court just because she is a postal carrier?

    This is a torts case. Our coop sued us to get a TRO to stop us from videotaping their racketeering crimes. We countersued against the coop and 28 additional parties, including the postal woman, on crimes of RICO such as mail fraud. The trial was s...

    James’s Answer

    The case was likely removed to Federal Court because one or more of the claims or counterclaims were based on Federal law. In such a case, the State claims are also heard by the Federal Court under the doctrine of pendant jurisdiction. However, once all the Federal claims are gone, the case must go back to State Court.

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  • Trying to kick me out from my apartment.. I was late on my rent for 3months but no one ever gave me notice...

    But after 3months they finally called to collect my rent saying that they want me out by the end if the may. I paid the rent in full plus one month in advance just to be sure.after that incident, no one ever called me or send me a letter about ev...

    James’s Answer

    The landlord can decline to renew your lease at the end of its term. Whether you have paid rent or not does not make a difference to this.

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  • How do I go about doing a Debtor's Exam? I am a judgment creditor and need to do income and property executions.

    This is for non-payment of rent.

    James’s Answer

    Retain a collection attorney to use the legal process of collect on the debt.

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  • Can i sue a dealer for selling me a car with not actual mileage ?

    Dealer told me that the car was repossessed and was left there for a long time... that was the reason that the car had low miles...

    James’s Answer

    Yes you an sue. You have to prove the fraud and damages.

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  • I fell down a stairs at work and I cannor remember it. Suffered TBI and spent 9 weeks in hospital. Can I win a claim.

    I was alone in the building at about 7p.m. I have no witnesses. There was a compound for collecting material for shredding just before the entrance to the stairway, which is designated as a fire escape with a hand rail at one side.

    James’s Answer

    You said you were at work? Did worker's comp cover this? Is the government building owner your employer? If you wish to sue the government building owner, you must file a Notice of Claim within 90 days or will be barred from doing so. Did an ambulance come and find you at the bottom of the stairs? Did anybody? You may be able to prove your case even if you do not remember it. Your injury sounds serious so this may worth pursuing. Consult with a personal injury attorney right away.

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  • Question about stipulation agreement with credit car company

    I owed 20,000 to a credit card company.On the court house steps we signed an stipulation agreement.Since the payments went past 5 years in time the judge wanted a discontinuance filed with the agreement signed as he didn't want the case open that ...

    James’s Answer

    What it sounds like happened is that the case was discontinued upon settlement and that you signed a confession of judgment that was to be held in escrow as long as you made the payments. Since you stopped making payments the confession of judgment was released and filed without the requirement of any further involvement of the judge, resulting in a judgment against you.

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  • Can I stop the dissolution of my company and find assets other shareholders have hidden from me Long Island NY

    Im 40% owner of a corp. and VP there is another 40% holder who is press. a 10% who is treasurer and a 10% who is sect. There is no corp kit no bylaws no shareholders agreement. 14 days ago we had a fight. they told meI couldn't come back and i wa...

    James’s Answer

    Attorney Corrigan is spot on. You need to retain an experienced corporate litigation attorney to immediately run into court with an Order to Show Cause and obtain a Temporary Restraining Order. The, while the status quo is maintained, your rights can be hashed out in the litigation.

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  • Do I need to close my EEOC case legally before I can sue in state court?

    I have an over two year case with EEOC where the investigator has told me for a year that the cause letter is coming "soon," even at one point saying 3 weeks, yet I've not received it. I'm suing in state court anyway and know I don't need the RTS ...

    James’s Answer

    • Selected as best answer

    You can bring your state claims pendent to your federal claims in federal court once you get RTS letter. Keep the pressure on the investigator. Filing in state court while the EEOC investigation is pending may cause election of remedy problems. Consult with a lawyer asap about all this.

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  • I am a Plaintiff in a Title VII employment discrimination case and I am representing myself Pro Se.

    The Defendants filed a motion for Summary Judgment and the Judge rescheduled and then subsequently cancelled the oral argument hearing requested by the Defendants, stating that an oral argument hearing is not likely to impact the decisional proces...

    James’s Answer

    Did you put in opposition papers? It is not uncommon for the Court to waive oral argument on a motion. I would not read too much into it. Wait for the decision and consult a lawyer. If the motion is denied you should not have too much trouble finding a lawyer to take the case on a contingency basis.

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  • Want to know if a employer can make you change shifts if you go off for surgery i work midnights and they want me to change

    i work midnights and was told if i go off to have shoulder fixed will have to return on days

    James’s Answer

    If the employer has a legitimate business reason for the shift change it is permitted.

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