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A case is dropped, should a defendant have to pay attorney fees and court cost? law answers (277244)

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Child support - now what??

A:  The hard truth is that if he wants to make a career out of avoiding support he may be succsessful. I have been in a similar situation but with a lot of difference. I was initially planning to go through my local child support services to obtain child support for my daughter. But then I was reminded (by observation of several of my peers and friends) of the fact that DHS can sometimes take YEARS to get to your case and actually locate the person. Generally, once you hire an attorney it is out of their hands. I hired a private attorney and got things handled much faster. I tried to utilize DHS ONLY to see if I qualified for help with child care (I was required to open a case with them if...

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Can I persuade someone to drop charges?

A:  You slapped him, you admitted it. You are guilty. Plea down if you can. Have your fiance speak to an atty in your area about a sexual harassment suit against the other guy. Some areas are friendly to that sort of action whereas some others are not. The DA can bring charges against you even if the guy you hit does not want to. That is the person you need to worry about, not the guy you hit. Making the offer to the guy you hit may help change the DA''s mind. Call the DA''s office and see if they will accept your offer of dropping the charges in exchange for buying new glasses for the guy you hit. Thanks BB_Wolfe, and I may plea down, if necessary, but since the man is the one who pressed the charges, is there anything legally stopping me from trying to persuade him (through a 3rd party) to...

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attorney suit for fees--Q

A:  I remember seeing this issue before and I wonder whether it was so replied. With regard to the attorney, on what basis is he suing you for attorney''s fees? Is there a retainer agreement? Is there any statement that you ordered him to withdraw from the case? If the attorney filed paperwork to withdraw, the reasons for withdrawal should be listed. How large is the judgment? A $9,000 suit is pretty substantial for attorney''s fees and many courts will also take into account the size of the judgment and the recovery/benefit conferred, although I don''t personally think this is a proper...

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Is this why people make all those lawyer jokes?

A:  how long can a lawsuit be dragged out in court when the accusing party is clearly dragging their feet? A long time. To adopt a familiar saying, a lawsuit can stay frivolous longer than you can stay solvent. Can the judge just throw the whole thing out? Yes, if s/he so chooses. In most courtrooms, judge=god Is there some kind of legal mechanism to protect people from frivolous lawsuits like this? Yes and no. In some cases the plaintiff, if their complaints are deemed extremely frivolous, can be compelled to pay attorneys'' fees for the

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Countersuit in small claims court in GA..

A:  Well, first thing you have to understand is the difference between the ability to sue and the possibility of winning. Anybody can sue anybody for anything. By extension, anybody can countersue anybody for anything. Since GA allows attorneys in small claims court, then attorney fees can certainly be an issue. You are not exactly correct about a plaintiff not being able to sue for attorney fees. If you have a written contract that specifies loser pays attorneys fees in the event of litigation then a plaintiff could entitled to attorney

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Scott, please - How attorney fees Are Determined

A:  If there is an SLU, the attorney fee is paid out of the money that is moving to the injured worker. The amount of the fee is requested by the attorney, and the judge considers many factors in deciding whether to approve the fee, including the result obtained, the time involved, the uniqueness of the successful position taken, the stature of the attorney, input from the injured worker, etc. The judge also considers the fact that the attorney continues to represent the worker, and may appear for many additional hearings on medical and reimbursement issues without a fee, as no additional money will be moving to the worker. If there is a classification, with continuing

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How does a case get to move to an appellate court?

A:  It is not that simple. At the state level you have three main categories. superior or trail court; state appeals court and the state supreme court. Theoretically, you go through the state process (state supreme court is discretionary in most cases, i.e., they may refuse to hear the appeal). If there is a federal constitutional issue involve you can also go to the federal district court, or directly to the federal appeals court if you have already been heard at the state appeals court and eventually ask for a hearing by the U.S. Supreme court. About one out of a 100

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Small claims case thrown out in MD. Any recourse?

A:  "Jack Townsend" <jt20602...yahoo.com> wrote in message news:h4laa0l86lv26bk07ghtlr9hg9io8nblia...4ax.com... My small claims case against my builder and the warranty company was just thrown out of court when the judge granted the defendant''s motion to dismiss. The amount was over $5,000 so I''m assuming this was not a small claims case in which case attorney''s would have been barred. How could the judge grant this motion when I supplied voluminous amounts of evidence including pictures, estimates from 5 foundation and waterproofing companies detailing the defect that was in the foundation wall from the first day I moved into...

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All Evidence Points to False case Brought

A:  Unfortunately, the reality of an injury lawsuit is that, as long as the plaintiff was injured on your property (regardless of the details) it's not frivolous (in spite of your belief and warning shots) and it's up to the jury to decide. The injured party has the advantage because he's not incurring attorney fees and won't incur them unless he wins or settles. You, on the other hand, can easily see your attorney fees triple or quadruple if you go to trial. Lest you think you can't lose in court (even if you are 100% in the right), I was once a witness in a civil case where a woman was awarded 40K by...

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Federal Defender vs. Hired attorney--Q

A:  Originally Posted by hopeless2010 Just curious to know anyone''s thoughts on keeping a federal defender vs. hiring an attorney. My federal defender use to be a federal prosecutor and seems to know the in''s & out''s of the system and plenty of the judges, especially the one I''m in front of. The only exception is that my FD treats me like a criminal, like a child even. If I go to trial I''m not thoroughly convinced he will fight hard for me. There are some many details and discrepancies with my case that I''m not sure he''ll take into consideration. Guess I need some reassurance. Any thoughts are appreciated. If you are not comfortable with him and you can afford to hire your own attorney then I...