Archived
During a civil trial, is it required for all parties to attend during the entire duration of the trial? Is it necessary to
Alan's answer
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Answered on September 29, 2014
As a practical matter, the parties should always be present. Any party who fails to show up for trial will lose credibility with the judge and/or...
Archived
I was sued for stealung and damage to a car in 2012 . Can I be sued again for the same case
Alan's answer
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Answered on September 29, 2014
Look at the judgment of dismissal that was filed in 2012. Does it indicate that the dismissal was "with prejudice" or "without prejudice"? When a...
Archived
Will I be responsible for excess amount over policy limits if my mother in law drove my car and caused bodily injury?
Alan's answer
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Answered on September 29, 2014
Your mother-in-law is liable for the entire amount of the plaintiff's damages, but your liability as the owner of the vehicle is capped at $15k.
Archived
What is the best way to stop a Collection Agency to from harassing you?
Alan's answer
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Answered on September 29, 2014
You can send the collection agency a "stop contact" letter. Simply state that you dispute that any amount is owed and demand that the agency desist...
Selected as the best answer
Archived
What happens if defendant close up shop and reopens under different name?
Alan's answer
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Answered on September 29, 2014
A new corporation is only liable for an old corporation's debts if (a) the new company expressly agrees to pay those debts; (b) the assets moved...
Archived
Car Accident
Alan's answer
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Answered on September 29, 2014
Your friend is required to provide insurance information. Failure to do so is going to get her sued. It's the insurance adjusters' job to figure...
My house is located 4 feet away from new construction job next door that caused damages to my property.
Alan's answer
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Answered on September 29, 2014
You need to contact an experienced construction attorney as soon as possible.
Archived
Rear ended by unlicensed driver. Driving daughters insured car do I contact their insurance or mine? Will my rate go up?
Alan's answer
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Answered on September 29, 2014
The primary policy will be the one that covers the car. But your best bet might be to turn this over to your own insurance. They'll get the money...
Can Plaintiff raise same cause of action in future complaint after dismissing first complaint without prejudice in this case?
Alan's answer
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Answered on September 29, 2014
All claims that "arise[] out of the same transaction, occurrence, or series of transactions or occurrences" must be heard in a single action. (See...
Archived
Service to mailing address
Alan's answer
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Answered on September 29, 2014
Once a party has made a general appearance in an action, personal service is unnecessary except in very rare circumstances. So the plaintiff must...
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