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I was recently served divorce papers from my husband. The papers were tossed through the security gate of my home instead of being handed to me. My understanding from my research is that this is considered improper service.
Essentially you are right. Based solely on the information provided it does not appear to be proper service. There are a number of issues that can probably be made, but in the end the essential question is what is the point. Eventually, your soon to be ex-husband will accomplish proper service. You can force him to spend the money on a process server or on a sherriff, but all that buys you is a minor delay. The Petition has been filed and there is nothing you can do about that. You can quash the service but the case still exists. You are better off just accepting service and going forward. The alternatives are that you may be served in a very public place with several witnesses and that will only embarrass you.See question
The man that was at fault and fined in a wrongful death law suit claiming my mothers life carried a million dollar insurance policy plus another 2 million on top of that, at the beginning of my case my lawyer said we will go for the million but as...
Every case is valued on its own merits. Without an evaluation of the liability and damages facts it is impossible for anyone to offer advice regarding the value of your matter. I would suggest that you seek the advice of a second attorney to fully evaluate this matter. I find it hard to believe that an attorney is recommending the first offer on the table. There may have been other negotiations and this is where the negotiations ended.
It is also possible that with an approaching trial date the attorney does not wan to take the case to trial and is seeking a fast settlement to avoid the costs and expense of trial. Again, without knowing the facts this is all pure conjecture. I would strongly recommend seeking out an experienced trial attorney to look over the case and provide you with a second opinion. Once you settle the case it will be closed forever and you will not be able to go back and re-litigate the matter. With the death of your mother I would want to be sure that I am doing the right thing.See question
I was involved in a rear end accident having a semi with a 35,000 pound load hit me with very little attempt to stop before hitting me I was at a complete stop when he hit me. My car came to an end hitting a telephone post. Once arrived to the hos...
You absolutely need an experienced trucking attorney. The nuances of cases against truckers are very complex and difficult to handle on your own. In addition, the nature of your injury may be something that requires an attorney experienced in head trauma. I would strongly recommend that you seek out competent legal counsel.See question
I was recently in a motorcycle accident and it was found due to the police report and three witness that the 20yr/old insured to 15k and driving on a revoked drivers license was at fault. I suffered a degloveing of my right shin (40 staples) a tea...
The information that your attorney is giving you is to some degree correct. There is an old saying that you can't get blood from a stone. If the defendant driver does not have any assets and only has 25,000 in insurance then that is all that can be reasonably obtained.
The issue is do you have underinsured motorist protection. This is insurance that you buy for yourself to protect you when the adverse driver does not have sufficient insurance policy limits.See question
Ok I got a subpoena in the mail. I don't know this person , and I don't even know how I got myself in this. Im looking at every option I have to keep me from being a witness in a case . Personally if I don't know you I don't see how I can testify ...
I know this is not what you want to hear, but:
You have been served with a legal document and you are required to appear and testify. Obviously one of the parties believes that you have information that is pertinent to the case. You have an obligation to testify truthfully and my advise is that you do. If a question calls for your to provide an answer that would provide information as to a criminal action in which you have participated then you can ask for counsel and advice as to your fifth amendment rights. On the other hand if it is your intent to simply go into court and claim your fifth amendment right as to something which clearly does not incriminate you for criminal matters, then I would suggest you bring along a toothbrush and be prepared to stay in the cell for an extended period of time. It is my experience that Courts do not appreciate people coming in and abusing the power of the court.
NEED TO POSSIBLY HAVE ANOTHER DUE TO THE MRI RESULTS... I WANTED A SECOND OPINION FOR MY OWN SANITY BUT THE ADJUSTER IS TAKING HER TIME TO AUTHORIZE THIS.... MY LAWYER FILED FIOR A HEARING AND IT TOOK MONTHS FOR THE COURT DATE WHEN TIME CAME THE A...
Working from the assumption that this is a work injury, I would strongly suggest that you meet with your attorney and find out why things are taking so long. If your attorney can't provide a reasonable answer, it is time to find a new attorney who will be active on your case. As mentioned above, there are very few hammers available to force wk comp adjusters to do anything other than stall and delay. You need to get an advocate who will fight for you.See question
.I thought the Court would enter a judgment per the 998 Offer, but I'm being told that isn't the case.
You should prepare a judgment and have the court clerk enter the judgment. If the clerk will not enter the judgment with a copy of the signed and filed 998 offer, then ask the clerk why she won't enter the judgment. Usually clerks are very receptive if you ask nicely.See question
Rear hit accident,car damage of 2,500, there were other things wrong that I fixed out of pocket because my lawyer said I had to take the 2,500. Had a whiplash, bruised ribs, two disc bulges one of them pressing on a nerve, and lots of pain and suf...
From the information you have given it is not possible to determine whether the offer is reasonable. You would need an experienced attorney to review the facts of the accident and review the medical records. A good attorney would also want to know about you and your story to evaluate the full extent of your damages.
as for the fees for a litigated case 40% is prettycommon.
A Defendant in a CA matter filed a Section 170.6 Pre-emptory Challenge against a judge who had shown repeated bias in favor of Plaintiff. The action was moved to a new judge. Then the original Judge ruled --in a Minute Order, by himself-- that it...
I do not believe that this is an appealable order as you are using the term. It may be more appropriate for a writ. However, a 170.6 challenge must be made prior to the judge making any decisions in the matter. If the judge has made decisions in the case, you cannot use a 170.6 challenge. There are other challenges that can be used to remove a judge for bias, however, none of the challenges exist just because you do not like the decisions that the judge has made and you want to get a different result from a new judge.See question
We had a car accident in other state. My husband drove me to the place to heal my stomach pain (I have ulcer). He didn't see a small truck, witch was behind of the other big truck. Police report says:"fail to yield the right of way". The small tru...
As indicated, it sounds like your husband was found at fault for the collision. The fact that the other vehicle was potentially speeding could result in there being some degree of comparative fault on behalf of the other driver. There are a lot of unanswered questions in your facts. If it was your car and your husband was driving, then your coverage would be primary and your husbands potentially secondary. You would need to contact an attorney to review the policy coverages and policy language to determine if there is some coverage for you.See question