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Civil Litigation Help Needed?
In June Of 2008 I Received A Letter Which Was Forwarded From My Home Which I Sold In May Of 2008. The Letter Was From An Attorney And Stated That Someone Fell On My Property And To Contact My Insurance. I Thought It Was A Scam But Still Faxed It Over To My Insurance. I Never Heard Anything Else In 2 Years. So It Is 2010 Of November, I Am Now Living In An Apartment And Have Been Since 2008 And I Received A Letter From The Philadelphia, Pa. Gas Company And Water Company And The City Of Phila., Pa Stating That We Are All Defendants In The Case Of A Slip And Fall. Also, My Neighbor Was Named As A Defendant As Well. Ok, So There'S 5-6 Of Us Being Sued By One Person. I Had Never Been Served With Official Papers, Only That Letter From 2 Years Ago. I Have Gotten Advice From 3 Lawyers. One Told Me To Contact My Former Insurance And Find Out What Happened, So I Did. Unfortunately, I Found Out That The Insurance I Carried On The House Does Not Cover Liabilities. So, I Talked To Lawyer #2 He Asks Me To Go Out To Dinner And Talk About It And Asked If I Was Married And All Kinds Of Irrelevant Stuff. So, I Quickly Drop Him And Got To Lawyer #3. I Tell Him Everything And He'S Seems To Be Fine. I Asked What Is The Worst Case Scenario, Can They Garnish My Wages, Or Levy My Bank Account If This Person Is Actually Telling The Truth And Wins, He Skips Around And Doesn'T Answer The Question And Just Says &Quot;You Don'T Want Them To File A Judgment On You.&Quot; So, I Found Out That My State Pennsylvania Doesn'T Not Allow Civil Judgments To Garnish Your Wages, I Have The Exact Legal Number And Paragraph And Blah, Blah That States This So I Felt Better. So, My Question Is Still... &Quot;Can They Levy My Bank Accounts?&Quot; I Can'T Get An Answer And Am So Frustrated. Btw This Woman Claims To Have Fallen On My Property As Well As The House Next To Where I Used To Live. Don'T Know How In The World That Could Happen. Anyway, If Anyone Knows Anything About Civil Litigation That Would Be Great. Lawyer #3, Would Not Give Me A Direct Answer And That Bothers Me. I Just Want To Know If In Fact This Lying Lady Wins, Can They Levy My Bank Accounts. Remind You I Have Still Never Been Served By Her Lawyer. My New Apartment Complex Accepted A Letter And Signed For Me But Lawyer #1 Said That Still Doesn'T Mean I Have Been Served. Is He Correct? I Was Going To Try To Use Defective Service With The Judge To Get Myself Off Of This Nonsense Case. It Has Been Two Years And Had I Been Served I Could Have Been Building My Case By Now. However, They Want To Go Into Arbitration In One Month And I Just Got Notice Of It 2 Years After The Fact. Also, Was Going To Try The Statute Of Limitations. Can I Say This? Right Not I Can'T Seem To Get One Straight Answer Out Of The 3 Lawyers So Far. Please Help.
They Cannot Garnish My Wages In Pennsylvania, I Know This To Be True.
Can They Levy My Back Account?
Should I Use A Lawyer For The Arbitration?
Should I Use The Defective Service As A Defense?
Should I Just Send A Letter And Not Go To The Arbitration?
If She Wins, I Know A Judgment Can Mess Up My Credit, But At This Point I Really Don’T Have The Money For A Lawyer. So Should I Go Pro Se?
You didn't give enough details to make a final judgement call, so I will address some points you may wish to persue.
First, Did you own the home at the exact time and date of the alleged slip and fall?
Was the alleged victim a resident, occupant, visitor, guest or otherwise invited onto the property or was she a tresspasser?
What are the exact date and times of BOTH alleged slip and fall incidents and the exact distance from each other on the two different properties?
Were there any witnesses to the alleged slip and fall incidents in either or both of the incidents?
Was the witness for each the SAME witness?
What is the reason that the plaintiff took so long to send notices?
Do you know the timeframe required by law for the delivery of such notices and did the plaintiff comply? If Not, check the LAW!
In each of the above instances, you have to consider all possibilities and investigate each point.
With any governmental or Law Enforcement organization or agency, the first thing you must do is establish the true identity of the agent, get their information just like a cop would take yours!
You must also establish if the agency they represent allows them to use alternative identies or fake IDs? You must ask and they must disclose!
No matter what you are told, no matter what they put in writing, you have the right to know what LAW they are claiming to act under! They MUST disclose it!
You have a right to representation! Get a Lawyer! Demand they provide you with legal counsel if you are being charged with any crime!
Never tell them anything... Don't answer any questions until you consult an attorney! You should write down ALL of their question and tell them your attorney will answer their questions as soon as you have consulted with him or her.
Everything they tell you... CHECK IT OUT!
Go online, to the library, to an attorneys office and ask to use the library for research!
As for freezing assets, accessing your checking or savings account, taking money out of your accounts for any reason, they need a court order! Ask to see it, and tell the bank that if they can't produce it, you want your account reverted to it's previous status and balance or you will be seeing your attorney in the morning!
If they don't produce one, See an attorney in the morning and persue it!
You MAY have issues with services of process with your new appartment complex being authorized to accept legal process in your 'stead'... did you previously, in your lease, or verbally authorize the appartment complex to accept process for you? If NOT, then THEY may have violates the law... I do not know your location so I cannot assess that issue for now... however, there is such a thing as 'Chain of Custody' that may have some effect on the issue.
Check the administrative laws of your local court for applicability.
ALWAYS! Check, Verify, Authenticate!
ASK QUESTIONS... and demand answers! Always tell them to show you the LAW!
At The End Of A Successful Birth Injury Case, Who Receives The Money, The Parents Or The Injured Child?
The claim will be settled by the court directly to the doctors by whom the child has been treated for the birth injury. If the parents claims money for the emotional sufferings they have gone across during those painful days, that claim will be settled to the parents. You can get free information on this here.
Criminal Justice Lawyers: What Exactly Do They Do?
I Need To Know Their Duties And Responisbilites For A Project I'M Working On. Anything You Know About It Would Be A Ton Of Help! ;-). Thanks A Bunch:]
Oh Ps. I Need To Know What Recommended High Schol Courses Are Nessecary If Im Looking To Go Into This Field Of Work.
This is almost impossible to answer because Criminal Justice is a huge field. Basically all court cases are either criminal or civil. While Civil is somewhat bigger, criminal justice makes up a major part of the justice system.
Second even if you brake the lawyers who work in the criminal justice system down to the most basic job, you are still left with at least two: Criminal defense attorneies and Criminal prosectioning attory.
Defense attorneies: Defend the people that the police arrest for crimes.
The Prosecution: tries to prove that the police arrested the right person, beyond all reasonable doubt.
But again this is the extermly most simple terms and discribtion of what they do. There is an extreme difference between what a defense lawyer in traffic court does vs. what a defense lawyer in fedural court or on a murder trial does.
But to your question about what is nessecary if you are in high school and looking to work in that field. Really nothing. You still have to go to college, your grades and LSAT (the test for law school) are the most important thing. Even what you major in highschool does not matter that much as long as it is a serious course. English, History are among the best because you have to do a lot of writing which law schools like. But they really don't care that much about your major in college (unless it is something where there is very little writting like Art or Gym) and law school don't care about high school at all. You can be the worst HS student if your college GPA is 3.8-4.0 and LSAT is 175-180 law schools will be all over you.
How Can I Become A Divorce Lawyer Or Be Involved In Family Court?
I'Ve Always Looked Into Law And I Think Becoming A Divorce Lawyer Will Be Best. What Schooling And Test,Exams,Courses Are Requiered? And Same With Family Court?
To become a divorce lawyer you need to go to school and get your law degree. To be involved in family court you need to go to family court and get involved.
Let me ask you a question that may help.
How does anyone get involved in anything?
Depending on what aspect of family court you want to get involved with and to what degree, the amount of training and or schooling will vary.
You could become a janitor and clean the courtroom with little or no training but if you want to become a lawyer you need to start with basic 101 college stuff. While in college they will let you know what else you need to do.
Believe Vs Trust.....?
I Heard Someone Said
&Quot;I Am Not Asking You To Believe. I Am Asking You To Trust.&Quot;
I Thought Those 2 Words Are The Same
Trust is the willingness to be vulnarable in the face of potential harm. If we trust someone, it means we think they value us enough to protect us and not harm us. there are many levels of trust, trust is more an emotion than any thing else.
Belief is more a mental thing. One can have belief's based on faith as well belief's based of fact. A Belief is something that enables you to hold onto a point of knowledge, as your belief is the foundation for that knowledge. Beliefs that provide for solid theories have foundations based on observation and the facts discovered. This serves to alllow a Belief to stand as Knowlege.....though the two are completly separate things. It's a little convoluted......
My Wifes Brother Died 2 1/2 Months Ago. He Had Left Some Money To My Wife. The Matter Went Probate Court About 2 Weeks Ago. No One Is Contesting And Their Are No Problems. My Wife Received A Letter From The Lawyer The Other Day Which Said It Would Take 7-8 Months Before The Matter Would Be Settled. We Live In Nj. Why Does It Take So Long?
If NJ is like most states, then there is a requirement for a notice of the estate be published in a newspaper and then no activity can take place for a few months while potential creditors of the estate (people who your brother owed money) have the chance to file a claim. In Florida, that time is 90 days.
Add to that the fact judges let probate matters sit on the back burner until all the other matters involving living people are dealt with and processing times for paperwork by court staff and the attorney's staff, as well as time reviewing documents, drafting pleadings, and doing all the other actions that are required, and you easily have 8 months into the process.
It sucks, but your attorney is right. Probate used to be very quick. However, many estates were stolen from and heirs lost what should have been theirs. Therefore the legislature enacted laws to slow the process down.