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How long does it take to get served after a lawsuit if filed? answers (164287)

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Q: 

Child support and custody

A:  Good morning Felicia, 1. custody You do not have to worry at all about child custody from a German perspective. Germany does not even have jurisdiction, as the child has been living with you in AZ all the time. So, any action would need to be brought in a state court in AZ. 2. child support I cannot provide any estimate about how long the process could take, because it depends on lot of variables, like the specific agencies and courts involved, whether you know his income or have to obtain that information from his employer, etc. You would not need to fly to Germany yourself, as you can be represented by an attorney there if necessary. Greetings from Guadalajara, Mexico, Andreas Moser www.moser-law.com...

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Mass. Supremes approve Gay Marriage

A:  More info on Mass. Supreme''s decision Nov 18, 2003 Massachusetts High Court Rules Ban on Gay Marriage Unconstitutional, Orders Legislature to Fix By Jennifer Peter - Associated Press Writer BOSTON (AP) - Massachusetts'' highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of allowing marriage licenses to be issued to the couples who challenged the law. The Supreme Judicial Court''s 4-3 ruling ordered the Legislature to come up with a solution within 180 days. The ruling closely matches the 1999 Vermont Supreme Court decision, which led to its Legislature''s approval in 2000 of civil unions that give couples many of the same benefits of marriage. "Marriage is a vital social institution. The exclusive...

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Separated but not divorced

A:  A divorce is a court order made by a judge which ends your legal status as a married person. Until a divorce is granted your "ex" is not your "ex" he is still your husband. You can only obtain a divorce by bringing a court application seeking one. I doubt that you have anything to be afraid of regarding his application for social assistance after being separated for 18 years. It is possible that your husband could ask for spousal support although extremely unlikely he would get any after such a long period of separation. You should also know that because you remain married your husband would still have the right to inherit from your estate if you died intestate (without a will). If you have no separation agreement waiving rights against each...

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I am facing a judgment from a CC company, I live in PA and on SSI income. Am I protected according to PA debt laws?

A:  While I would love to tell you that you are exempt from any judgment execution, I simply do not know enough about the specifics of your financial situation to tell you what action you should take to protect yourself from your creditors. The first and most important piece of advice I can offer is to consult with a qualified consumer rights attorney in your area as soon as possible to help you determine the risks created by this outstanding judgment. Your attorney should be able to review your financial situation in detail and tell you how Pennsylvania?s various asset exemption laws apply to your case. For example, pensions and Social Security proceeds are generally exempt from attachment for the payment of civil judgments. After speaking with an attorney, you should be able to determine...

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Vacating Judgment ... does it "reset" SOL?

A:  No, vacating the judgment does not re-set the SOL (and it would seem that you would have had to default very early in 2002 for the 4-year statute to render the debt time-barred in any event). The SOL stopped when the original suit was filed. If you are going to assert lack of notice as the grounds for your motion, I take it that you are going to be relying on CCP sect 473.5, and you will note that section requires you to attach a proposed Answer to your motion. The Court is likely to grant the motion, because courts disfavor defaults, but I would not rely on asserting the SOL as a viable defense. If you''re going to go forward, start the settlement negotiations soon as well. It''s going to cost the creditor something too to renew...

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[Company] suing us! (Mechanicsville, VA)

A:  If the SOL is 3 years and they filed the suit in November then they have filed the lawsuit in time to avoid the SOL. In the years that your fiancee has not paid on this debt it has probably grown quite a bit due to late fees and interest so be prepared for a nice shock when you see how much they want. If they have filed in the wrong county then you need to find out what form to submit to the court stating that they have filed the case in the wrong county. If you do owe the money you may just consider going to this court date because eventually the company will get the filing down correctly and the papers served to the correct address. The...

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I am getting kicked out I feel because of familial status. I

A:  Many times the LL can get very frustrated getting the rent in pieces month after month. If the lease states rent is to be paid the 22nd to the 22nd then that is what it is unless you can get LL to agree to the verbal 1st to 1st in court. No that it even matters really. Rent should be paid in full for the upcoming month. If you do not pay in full for the month but little by little each week, the LL will always be a month behind. Think of it like this.....you buy a car for your brother to use. The payment is $350 per month. Your brother is suppose to pay you the $350 so you can make the payment but instead of paying the week before you have to pay the car payment, he gives you the payment in $50 increments 7 times a month. Will you be happy fronting the $350 every month then recouping it...

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Fraudulent Default Judgment

A:  "can I sue the plaintiff for fraudulently filing a claim and causing be pain and suffering. Can I sue their attorneys for perjuring themselves in court by prevaricating the whole service scheme?" Theoretically, yes. But first you have to get out from under your current situation. Here's an article about the elements of malicious prosecution, how you go about suing for it, and what you have to prove in order to win. http://www.answers.com/topic/malicious-prosecution There is a practice of filing false affidavits among the large collection agencies and law firms called sewer service.They do it knowing that knowing few peole will change them. That practice is common knowledge It is long overdue that this is ended...

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Custody summons--Q

A:  Q: Is it okay to answer we agree with everything except the costs for ex husbands legal fees. A: Yes. SeniorJudge thanks for your reply. If I may ask you is it normal to start this process of custody change with a lawsuit, or could it of been worked out by asking, then doing proper paper work, with out a lawsuit. SeniorJudge thanks for your reply. If I may ask you is it normal to start this process of custody change with a lawsuit, or could it of been worked out by asking, then doing proper paper work, with out a lawsuit. I have been involved in the law since 1968; I have never once noticed anything "normal" about it. 1968 thats a very long time...

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? for Scott or anyone who can answer

A:  Hi Rosa... cannot comment on article 18 or 28, or let you know how long your WC case will take, but, SS is wonderful because if you call them, they CAN let you know what is going on with your application and how long it will take. I think that there are ways to speed up your SS application, if you go to a legal service that works on SS cases at no charge. You may be able to find them in the phone book, or you can call a shelter, and get a list of people who will help with SS at no charge..... I just got a decision in an appeal which had been perfected in February--so you may be in for a wait, but you may get a decision sooner. There seems to be no rhyme or reason for why some take longer than others . . . ...