If tenant does not show up to the first court date after being properly served, will the judge always rule a default judgment?
Frederick's answer
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Answered on June 15, 2018
Mr. Hoffman is correct. Usually, a default judgment will be entered. However, make sure you take your proof, the lease, the 5 or 10 day notice,...
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I don't undertand the judges ruling today, he is going to vacate a ruling from 3 weeks ago. I am also concerned about $ ?
Frederick's answer
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Answered on June 13, 2018
I agree with Mr. Hoffman. Once you are paid, vacation of the judgement is required by statute (release, satusfaction and vacation of the...
Archived
What can I do?
Frederick's answer
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Answered on June 12, 2018
Is there a schedule in your contract? Does the improvement cost more than $1,000.00? Is the contract in writing? If, so, what does it say your...
Archived
How do I file a discovery if I am the plaintiff
Frederick's answer
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Answered on June 02, 2018
First, you don’t file discovery, you serve it. Second, what are you trying to ask? Discovery is a request for documents, written questions, called...
Archived
Is a forum non conveniens alone sufficient reason to remove a case to federal court?
Frederick's answer
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Answered on June 02, 2018
No forum non convenient is not a basis for federal jurisdiction. Talk to a lawyer.
Archived
I sent personal property to a contractor for repairs and they have not returned it; how can I get it back?
Frederick's answer
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Answered on June 02, 2018
You can file a replevin action which is a proceeding to obtain property over which you have a superior right to possession. That assumes that the...
Can I serve a lawyer whom I’ve heard is no longer representing a defendant whom I’m suing in small claims court?
Frederick's answer
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Answered on May 30, 2018
If the attorney filed an appearance in the state court case, he or she remains the defendant's counsel of record until he or she is granted leave...
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I filed a case against a guy in small claims court - HIS lawyer is asking judge for a status continuance- do i need to be there
Frederick's answer
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Answered on May 30, 2018
Maybe yes, maybe no. But how will know if you will be available on the next court date if you are not present for the scheduling? If the case is...
Archived
I must file a Motion to Compel Witness' Compliance with Subpoena. I will serve the other party. Must I also serve the witness?
Frederick's answer
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Answered on May 29, 2018
Do not file a motion to compel. If the subpoena was properly served and the witness has failed to comply, serve a petition for a rule to show...
Archived
Can I still depose the party that was dismissed?
Frederick's answer
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Answered on May 15, 2018
You can but you must subpoena the persons you wish to depose. Unless you are an attorney, the subpoena must be issued by the clerk of the court....
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