Archived
What defense do I have if I'm being sued for the entire amount of a loan even though I have made payments?
Nicholas's answer
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Answered on May 08, 2015
You should be entitled to an offset for the payments that you made. But if you have been sued, you should contact an attorney for a consultation...
Archived
Res judicata--can an adverse /judgment in small claim on the same subject matter take precedent over current supr ct. case?
Nicholas's answer
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Answered on May 08, 2015
Take everything to a local lawyer for review. It is not possible to give you a specific answer without seeing the documents. You probably have...
Archived
Type of expertise needed from a lawyer to file a lawsuit against an individual and company?
Nicholas's answer
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Answered on May 08, 2015
An attorney does not technically need any special type of "expertise" to file a lawsuit. But, it makes sense to find one that handles the type of...
Archived
What happens if someone loses in small claims court and they don't pay?
Nicholas's answer
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Answered on May 08, 2015
The defendant does not need to take any affirmative steps to voluntarily pay the judgment if he/she/it does not want to do so. The plaintiff will...
Archived
To what extent is a lawyer responsible for directing a client’s discovery?
Nicholas's answer
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Answered on May 08, 2015
Every case and every lawyer is different. Some attorneys take a more active role in discovery than others. If you believe the discovery responses...
Archived
In a civil case, the plaintiff asks me, the defendant (acting as pro se), to sign a dismissal form. Do I have to sign it?
Nicholas's answer
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Answered on May 08, 2015
A defendant would not normally have to sign a request for dismissal form, unless there was a cross-complaint involved. In that case, yes, assuming...
Archived
If a "fair and true report" is privileged and obviously not the publishers fault but isn't true.
Nicholas's answer
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Answered on May 08, 2015
It would be impossible to answer your question without knowing more facts and seeing the statements or documents at issue. Generally though,...
Archived
Can an ADA plaintiff sue a federal court and the Court of Appeal for failing to accommodate the plaintiff with a Jury Trial?
Nicholas's answer
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Answered on May 08, 2015
Most likely the answer is going to be "no". But, more facts are needed before a complete evaluation can be made. It is possible that you were not...
Car parked in crosshatch @ park & ride illegally towed
Nicholas's answer
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Answered on May 08, 2015
It is illegal to park in the crosshatch section of a handicap space, even if you have a handicap placard. The CHP properly towed your car. The...
Archived
I can't show up at trial, can my lawyer still present evidence on my behalf?
Nicholas's answer
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Answered on May 08, 2015
Assuming that the evidence can be presented by and elements of your claims can be established through other methods and witnesses, it could be...
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