Benjamin Soffer's Answers (5505)

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Can lack of stand and statute of limitations be used as affirmative defenses when responding to civil summons for credit card?

Benjamin's answer | Answered on October 11, 2015

You should assert ALL affirmative defenses available to you. As for you chances of winning, you are in a much better position to make that call...

Archived

Judgement was made, the def lawyer Is supposed to write the stip and email it to me. It's been 2 weeks, nothing received????

Benjamin's answer | Answered on October 11, 2015

Call the lawyer and remind him he is supposed to prepare a stipulation and email it to you.

Archived

I lost my small claims case because I lacked evidence which I have.Can I use a sc105 form to have the court reconsider?

Benjamin's answer | Answered on October 11, 2015

You can use SC105, but you'd prevail only if you could not have presented this evidence at trial -- it has to be NEW evidence (evidence that was...

Archived

How can I stop my girlfriend from selling my motorcycle that in her name

Benjamin's answer | Answered on October 11, 2015

If it's registered in her name, that means she has legal title to the bike. If you bought the bike, why did you let her take title? It looks like...

Archived

I need a lawyer asap.

Benjamin's answer | Answered on October 09, 2015

I am sorry this happened to you. You should use the Find a Lawyer tab above to search for a medical malpractice attorney in your area. I wish you...

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My brother died in a vehicular accident last year how long do I have to file a civil suit?

Benjamin's answer | Answered on October 09, 2015

You should immediately consult a personal injury attorney admitted in the state where the incident occurred, regarding if, when, where, and by...

Archived

I was rear ended, who is more likely at fault?

Benjamin's answer | Answered on October 09, 2015

No, the is a presumption that the driver who rear-ended you is at fault. If you were injured, seek medical attention can consult a personal injury...

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I have a Restraining Order against me which was never litigated because I was out of country..

Benjamin's answer | Answered on October 09, 2015

I agree with Mr. Walker's informative response.

Archived

How do I get my daughter's ashes from her mother to bury? How to get the coroner to determine c.o.d. after almost 3 yearS?

Benjamin's answer | Answered on October 09, 2015

Your post is heartbreaking. Unfortunately, if the cause of death could not be determined three years ago, I don;t see how it could be determined...

Archived

Can a process server serve a summons on the debtor or her lawyer in the building where the creditor meeting takes place?

Benjamin's answer | Answered on October 09, 2015

If it's a summons, you have to serve the defendant, not their lawyer. The process server can serve the defendant anywhere they can find them.

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