All posts in Procedures

How Do I Get a Credit Card Company to Drop a Lawsuit After I’ve Paid Them?

I was sued by a credit card company. I paid the debt before it ever went to court. I have all documentation. I also have documentation that I sent to them that I answered the suit and that it had been paid. The lawyer for the credit card company said they would drop the suit in a matter of days. This has still not happened. I am wondering if I have any legal action against them since they have still not dropped the suit. Read more [...]

Can an Opposing Party Request Discovery on Two Cases at the Same Time?

I'm involved in two cases in California with the same person. The other party had written discovery sent to me addressed to the wrong court with the wrong filing date. The attorney told me that it was for their lawsuit. I responded, because I didn't want a Motion to Compel showing that I didn't answer anything. With every response I stated that I was unclear which court it was for and answered for what could be answered in either of our cases and objected to responses that did not relate to both cases. Some of the questions look more like they are trying to obtain information for the other case. I don't know if it's even valid discovery that they sent since it was addressed to the wrong court (wrong county) with an inaccurate filing date. Can they succeed on a Motion to Compel? Read more [...]

Can My Paycheck Be Garnished Without Notice?

When I started working as a contract employee with an employer, they paid for my hotel for the first 3 weeks and we have a signed agreement that they would take out the money from my paycheck every week for 6 weeks. However, when I recieved my last paycheck, they garnished the whole amount of the balance of about $1100, leaving me strapped in a way I can't pay rent and food and gas and make my bills. They did this without my knowledge or approval. I had no problem with the agreement in place and they have done this on more than one occasion with me not informing me of what money they will take out of my check for child support as well. The employer saw no need to contact me on 4 different occasions of check garnishments either by them or child support. So other than the Dept of Labor, would my only other course of action be a civil lawsuit and can I do that where I live or where do I have to do it in the state in which the employer is located, since they are two different states? Read more [...]

What Does it Mean for the Defendant when a Witness Fails to Appear?

This is the outcome of court today what does it mean for the defendant? 'Witness failed to appear. Officer out sick. Defense ready. Must be tried. Commonwealth no-objection.' Read more [...]

Are Parties in a Lawsuit Legally Required to Provide All Evidence Prior to the Suit Being Filed?

Disclosure of parties pre-suit: Is there a legal principle, which obligates one party to provide relevant documentation, evidence, etc… requested by the other party before suit is filed? I’m not talking about discovery that happens after suit is filed. Read more [...]

Am I Due Bail Money Back if My Case was Dismissed in My Favor?

I was given a desk appearance ticket in December 2011, and the police deptartment set the bail at $50. My attorney came and bailed me out and I paid him back later that week. The case was dismissed in my favor on July 27th 2012. I haven't received the bail money back. I did some research and found out that this was considered "police bail" and should have been released after I appeared for my first court appearance, which was many months ago? Read more [...]