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Civil Litigation Questions & Answers
Q: Can an eviction filed by my stepfather be removed from my record in Texas?
I had an argument with my stepfather a few months ago, resulting in him filing an eviction against me through the court without realizing how it would affect my rental history. My parents and I now want to have this eviction removed from my record. Is it possible, and what steps should we take?
John Cucci Jr.
answered on Jul 18, 2025
answered on Jul 18, 2025
Probably NO.
From what you posted, it looks like your appeal time has passed. If that is so, then I don't see how you can remove an eviction judgment from the court's records. The only way you would have a shot at it now, would be to file a fraud claim or other claim that your... View More 
Q: How to manage $25k debt with multiple creditors and lawsuits?
I am dealing with multiple creditors and owe approximately $25,000 in total debt, which arose from being laid off and making several balance transfers while I was underemployed. I have signed a consent judgment with one creditor, but they haven't started collecting since I was unemployed. Now,... View More
Edward Gudeman
answered on Jul 18, 2025
answered on Jul 18, 2025
The circumstances that you have described, in particular your limited ability to pay, leads to the conclusion that you should seriously consider filing either a petition in bankruptcy under Chapter 7 or 13.
The appropriate chapter must be determined through a deeper analysis of the facts... View More
4 Answers
| Asked
in
Libel & Slander, Civil Rights, Civil Litigation and Personal Injury
for
California
on
Q: Can I sue for defamation if falsely accused of assault by a hotel guest in California?
I work for a hotel in California and was falsely accused by a guest of assaulting her in a parking garage. The accusation is extremely distressing, both emotionally and professionally. I was at home during the alleged time of the incident, and the guest's husband stated she has made similar... View More
Louis George Fazzi
answered on Jul 17, 2025
answered on Jul 17, 2025
From the limited information you have provided, it is apparent that you have adequate grounds for a defamation claim against the person involved. What you need to do at this point is find an attorney with sufficient expertise to pursue this case on your behalf. Do a simple Google search for an... View More
4 Answers
| Asked
in
Libel & Slander, Civil Rights, Civil Litigation and Personal Injury
for
California
on
Q: Can I sue for defamation if falsely accused of assault by a hotel guest in California?
I work for a hotel in California and was falsely accused by a guest of assaulting her in a parking garage. The accusation is extremely distressing, both emotionally and professionally. I was at home during the alleged time of the incident, and the guest's husband stated she has made similar... View More
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John Rajaee
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answered on Jul 17, 2025
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answered on Jul 17, 2025
In California, you may have grounds for a defamation lawsuit if you can prove that the hotel guest knowingly made a false statement of fact (the assault accusation), that the statement was communicated to a third party (such as the police or your employer), and that it caused harm to your... View More
4 Answers
| Asked
in
Libel & Slander, Civil Rights, Civil Litigation and Personal Injury
for
California
on
Q: Can I sue for defamation if falsely accused of assault by a hotel guest in California?
I work for a hotel in California and was falsely accused by a guest of assaulting her in a parking garage. The accusation is extremely distressing, both emotionally and professionally. I was at home during the alleged time of the incident, and the guest's husband stated she has made similar... View More
William John Light
answered on Jul 17, 2025
answered on Jul 17, 2025
Yes, this is grounds for a defamation suit. Given the apparent history of the accuser, it seems that the statements might be intentionally false rather than just mistaken identity. In that case, her homeowners insurance, which might cover defamation would probably deny coverage based on... View More
2 Answers
| Asked
in
Agricultural Law, Contracts, Civil Litigation and Real Estate Law
for
California
on
Q: What legal options are available to claim compensation or ownership of a vineyard after contributing 17 years of work without pay under a verbal agreement?
My father, of Indian heritage, had a heart attack when I was 18, around 2004, and he had a 40-acre vineyard. I alone worked to expand that into 300 acres over 17 years without any employees and without ever receiving a check. I kept detailed records of my work, including hours worked and tasks like... View More
Dan Rowan Cortright
answered on Jul 17, 2025
answered on Jul 17, 2025
You may be able to pursue a claim for "quantum meruit", which is a common law claim entitling you to compensation for the benefit you provided to your father's property. You would also have a claim for breach of oral contract if there was an oral agreement regarding paying for your... View More
Q: Contractor did not fulfill roof replacement contract; considering a demand letter.
I had a roof repair contract in April 2024, where it was agreed that all overhangs, including sidings and gutters, would be replaced. My house and roof are 26 years old, and my lender required a complete roof replacement. However, the contractor did not replace the sidings, claiming they... View More
Dan Rowan Cortright
answered on Jul 17, 2025
answered on Jul 17, 2025
Yes, the first step would be to send a demand letter explaining the terms of the contract and how the contractor has breached those terms by not fulfilling his contractual obligations. Give him a week or so to respond and tell him that if he does not agree to do and start the work he originally... View More
Q: Unserved custody case questions in Ohio.
I'm involved in a custody case with my child's father, who neglected our child for five years and only recently decided to seek custody. We are supposed to go to court tomorrow, but I haven't been served with any court paperwork. The documents I reviewed state 'service... View More
Todd B. Kotler
answered on Jul 17, 2025
answered on Jul 17, 2025
If you have not been served, the case cannot move forward. However, you are only prolonging the inevitable. Parents have a paramount right to raise their children. It is in your interest to engage with the process. Father may have to jump through some hoops but he will eventually get you... View More
Q: Pro se litigant seeks advice on late response and incident report disclosure in personal injury case.
I am a pro se litigant in a personal injury case where the Complaint with Demand for Jury Trial was filed on September 23, 2024. One of the defendants filed their responses to interrogatories and request for productions today, which includes a privilege log listing an "incident report."... View More
Stephen Arnold Black
answered on Jul 16, 2025
answered on Jul 16, 2025
Any report prepared in “anticipation of litigation” is generally considered privileged, though there are exceptions. You can file a motion to compel discovery of the incident report and cite relevant Florida case law and authorities to support your position. Once the motion is filed, set it for... View More
Q: Can co-owners force me out of a house I partially inherited in Texas?
I live in a house in Bexar County, Texas, where I own 1/6 of the property through inheritance. I pay my part of the property taxes and have no other property. There are no written agreements among the co-owners concerning property management or sale. One of the co-owners, who incorrectly assumed... View More
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Gratia "Grace" P. Schoemakers
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answered on Jul 17, 2025
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answered on Jul 17, 2025
I do not know if you have a homestead exemption on the property where you live, but it would be a factor. A tenant in common can file an action for partition, and homestead rights do not necessarily prevent partition of property. However, the homestead exemption may influence how the partition is... View More
Q: I need advice on filing an extension for a civil lawsuit response in California.
I have been served with a civil lawsuit related to a personal issue, not breach of contract, with a response deadline of July 18th. I have had no contact with the plaintiff's attorney and cannot afford to hire a lawyer at this time. I need advice on how to file an extension for my response.... View More
Dan Rowan Cortright
answered on Jul 16, 2025
answered on Jul 16, 2025
You can request an extension to respond from plaintiff's counsel (which are routinely granted). CA law only permits, however, one 15-day extension to respond, but sometimes counsel provide more time anyway. If they don't agree to give you an extension, there's a Judicial Council form... View More
3 Answers
| Asked
in
Construction Law, Contracts, Civil Litigation and Real Estate Law
for
New York
on
Q: Am I responsible for correcting flooring installation that wasn't aligned with cabinets as initially agreed and is payment withholding justified?
I am a subcontractor, and I installed approximately 2,000 feet of reclaimed barnwood flooring for a job with no prior specifications about alignment with future cabinetry and an island. After completion, the site superintendent indicated the alignment was off by 2-4 inches. There was no discussion... View More
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Peter Klose
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answered on Jul 15, 2025
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answered on Jul 15, 2025
Seems like they are not being fair . . . but the documents and specifications will become the key to any litigation. You will be entitled to claim contract damages. If not damages under the contract, you may claim for the reasonable value of your services and materials (known by the legal term... View More
3 Answers
| Asked
in
Construction Law, Contracts, Civil Litigation and Real Estate Law
for
New York
on
Q: Am I responsible for correcting flooring installation that wasn't aligned with cabinets as initially agreed and is payment withholding justified?
I am a subcontractor, and I installed approximately 2,000 feet of reclaimed barnwood flooring for a job with no prior specifications about alignment with future cabinetry and an island. After completion, the site superintendent indicated the alignment was off by 2-4 inches. There was no discussion... View More
Daniel Michael Luisi
answered on Jul 15, 2025
answered on Jul 15, 2025
If the matter proceeds to court, your entitlement to those payments will have to be proven and subject to challenge by the GC. Unless we are talking about a very large amount, that might not be cost effective when the legal fees, time delay and distraction are factored in. If there is a way to work... View More
Q: Deadline for creditor to serve summons after filing adversary complaint in Colorado bankruptcy case?
I am currently waiting for my discharge in a bankruptcy case in Colorado. A creditor filed an adversary complaint against me, but not a summons. The creditor was supposed to meet a deadline of July 1 but missed it and then filed on July 3. They have not served me with a summons. I have not had any... View More
David Luther Woodward
answered on Jul 14, 2025
answered on Jul 14, 2025
If you were represented this is a good question to ask your lawyer. If you did this unrepresented, it is hard to answer this question without reading your file. If they filed an amended complaint out of time without leave of court, that is probably a nullity. If your discharge is entered without... View More
2 Answers
| Asked
in
Social Security, Collections, Civil Litigation and Public Benefits
for
Rhode Island
on
Q: Attorney requests social security proof after judge canceled wage garnishment hearing due to my objection.
I am currently on Social Security, receive food stamps, and live in low-income housing. An attorney for a credit card company took me to court to garnish my wages, but the judge canceled the hearing after I filed an objection. Now, the attorney is asking me to provide proof of my Social Security... View More
Barry W. Kaufman
answered on Jul 14, 2025
answered on Jul 14, 2025
Did the attorney just write you a letter on his letterhead and ask for the information, or he did send a formal request for the documents, something with the case caption with the case number, etc? If it was a formal request to produce, you are obligated to comply. The creditor has every right to... View More
2 Answers
| Asked
in
Social Security, Collections, Civil Litigation and Public Benefits
for
Rhode Island
on
Q: Attorney requests social security proof after judge canceled wage garnishment hearing due to my objection.
I am currently on Social Security, receive food stamps, and live in low-income housing. An attorney for a credit card company took me to court to garnish my wages, but the judge canceled the hearing after I filed an objection. Now, the attorney is asking me to provide proof of my Social Security... View More
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Albin Moser
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answered on Jul 14, 2025
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answered on Jul 14, 2025
If your sources of income are public benefits then the attorney for the creditor will back off because public benefits such as SSI, SSDI and general assistance money are not collectible to satisfy a judgment for a credit card debt. So the attorney wants to document that, and would like you to send... View More
Q: Can my children's father keep them after refusing to follow our signed return agreement?
I left my children's father due to his alcohol and substance abuse problems in February 2024. We were never married, and he is not on their birth certificates. Last summer, I let them visit him, and he tried to keep them but eventually returned them. This summer, we signed a mutual agreement... View More
Joanne Marie Biernacki
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answered on Jul 13, 2025
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answered on Jul 13, 2025
Given that he has refused to return the children and is attempting to enroll them in school out of state—which may be considered parental abduction—you should act quickly. Here are the key steps you should consider:
File an Emergency Ex Parte Custody Order: In your local family court,... View More
Q: Can my children's father keep them after refusing to follow our signed return agreement?
I left my children's father due to his alcohol and substance abuse problems in February 2024. We were never married, and he is not on their birth certificates. Last summer, I let them visit him, and he tried to keep them but eventually returned them. This summer, we signed a mutual agreement... View More
Tobie B. Waxman
answered on Jul 13, 2025
answered on Jul 13, 2025
Your agreement is meaningless and unenforceable without a court order. You can use it as evidence of the parties' intent when you file your parentage case. This is what I would recommend - file a parentage action and concurrently file a Request for Order to get custody orders. Given that... View More
2 Answers
| Asked
in
Civil Rights, Libel & Slander, Civil Litigation, Internet Law and Personal Injury
for
New York
on
Q: Can a streamer instructing their audience to dox and call CPS be grounds for legal action?
An online streamer instructed their audience to use facial recognition software to find information about a person and contact child protective services to remove that person's children. The individual was doxxed online, but it is unclear if CPS has acted. The involved parties were previously... View More
Tim Akpinar
answered on Jul 13, 2025
answered on Jul 13, 2025
It's possible they could be grounds for legal action. The doxxing and privacy issues aside, an attorney would likely want to know additional details about the nature of statements. If the statements were false, whether or not CPS aced upon them, could give rise to defamation claims. That would... View More
4 Answers
| Asked
in
Civil Litigation, Car Accidents, Criminal Law, Wrongful Death and Personal Injury
for
California
on
Q: Need advice on a civil subpoena for my son related to a car accident with a fatality; he's currently in jail.
I need advice regarding a civil subpoena issued to my son, who is currently serving time in jail. He was involved in a car accident where one person was deceased. What steps should he take in response to this subpoena?
William John Light
answered on Jul 12, 2025
answered on Jul 12, 2025
Since your son is in jail, I assume he hasn’t been served with the subpoena. Without service, there is no need comply. If he was served, he cannot comply. The subpoenaing attorney will have to arrange the deposition at the jail. If your son is facing liability from this collision, he should... View More
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