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What is the difference between filing a continuance and a non suit motion in a civil lawsuit? answers (137771)

People haved asked the following law querstions similar to "what is the difference between filing a continuance and a non suit motion in a civil lawsuit?". If you have other legal doubts, use the box above to get answers.

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My Chapter 7 filing was discharged in 1991. A collection agency is now trying to collect on credit card debt from that filing (plus $11,000 in accrued interest charges). Can they do this? They say they have no record of bankruptcy being filed, and continue to call and write. The lawyer who hanlded my bankruptcy is no longer in the area

A:  Debt that was incurred before you filed Chapter 7 and got a discharge is not enforceable now. The only exceptions might involve a creditor who did not get notice of the case. If the creditor who held the debt got notice back when you filed, then anyone to whom they subsequently sold the debt is bound by the discharge as well.In some circuits, creditors who did not get notice are not discharged; in other circuits, if it is a no asset case, even creditors without notice are discharged.This pattern of selling off old, apparently uncollectible debt is fairly common and all too frequently the original creditor did not make a note of the bankruptcy.The creditor who is calling you is violating the discharge injuction if this debt was discharged and may be liable for damages. Consider too whther...

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I filed a CIP but meant to file a continuation

A:  Quote...

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So - how important is it to file a continuation?

A:  Can you post some generic specifics as to the results of your patent application? For example, were some claims allowed and others rejected? Perhaps more importantly, though, what is giving you pause to get a 2nd opinion on what your counsel is telling you? Quote from: Jonathan on 04-14-08 at 11:46 pm Quote from: Benchracer52 on 04-15-08 at 04:58 am As has been noted herein, the job of a patent practitioner is to explain to the client the tactical and strategic pro''s and con''s of decisions that the client needs to make. If your atty isn''t doing that, then he isn''t earning all his $$ (in my opinion)....

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I was recently booked with a theft of over $500 in Louisiana. I pleaded innocent but my case never went to trial as the Da''s office filed several continuances. After nearlt 2 years of this, I agreed to a diversion as I am a single father with 2 children.

A:  And the question would be . . .?...

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What happens to my civil lawsuit when the defendant files for bankruptcy?

A:  The defendant?s bankruptcy acts as an automatic stay of all civil proceedings against him in every court or administrative agency. Ordinarily, the defendant?s attorney will file a ?Suggestion of Bankruptcy? that alerts the court and other parties to this fact. As a plaintiff, your options are to (a) file a motion in the bankruptcy court requesting relief from the automatic stay in order to continue prosecuting your lawsuit, (b) file a notice of removal in the bankruptcy court to transfer the case there, or (c) wait for the bankruptcy case to terminate and, if your claim hasn?t been discharged, continue the case in the original court. Item (c) is rarely the right course of action. Only an experienced bankruptcy...

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Due to some BAD ADVICE from ANSWERBAG I''m now banned from Cracker Barrel and now have FELONY BREAKING AND ENTERING CHARGES filed against me. Is there any way I can pursue a lawsuit against a user for BAD ADVICE?

A:  Are you pregnant? Most Likely +5 Can I pursue a lawsuit against you for OLD SPAM? I would sue your parents for forgetting to give you common sense. ABers aren''t lawyers. Only if you got pregnant. LMAO!!! You were looking for the biscuits, weren''t you? Good luck pursuing the lawsuit. If everybody who got bad advice around here could file one, the courts would be forever frozen in place. But maybe if you butter Cracker Barrel up, they''ll let you in again. Through the front door. During business hours;)...

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Landlord-tenant dispute - Commonwealth of VirginiaI signed a lease for a rental property. Contained within the lease was a clause that allowed me to move and store my items in the basement area on 7/26/2010 while the ''turn'' was being performed on the upstairs portion with actual physical move-in date of 8/4/2010. The property management company did not communicate the clause to their cleaning crew and all of my items were removed from the property and placed in storage. When I learned of this removal I demanded that they return the property, which they did minus some valuable items, including: 2 motorcycle jackets, approx. $50 in change, 2 wristwatches, several football cards, a cell phone, and an MP3 player. The nature in which these items ''disappeared'' from the moving boxes, obviously speaks to theft (all of the silver change was taken leaving only pennies, a new watch was removed from it''s watch box within moving box, the football cards were taken out of a small cash box packed in a moving box). I requested that these items be returned and no further legal action would be pursued. The cleaning crew and the property manager came out on 8/7/2010 to help ''locate'' the items, which was a pointless effort as I knew the items were not returned and would not be found among my other property returned from the storage units. Of course, they were unable to locate the items. The cleaning crew swears that they did not take the items. I filed a police report for the theft of the items on 8/7/2010.While I did have a renter''s insurance policy in effect, I do not feel that I should have to lose the value of the deductible, require my insurance company to pay for items, and pay a premium increase, for items that were stolen as the result of the property management company''s incompetence. So the next course of action is to initiate a lawsuit against the property management company for the value of the missing/stolen items. What on what grounds should I pursue a civil lawsuit? Negligence? Also, if I were to hire an attorney, could I sue the property management company to recoup his fees?Any advice or assistance is greatly appreciated. If you happen to be an attorney in the Blacksburg, VA area and are interested in representing my interests in this case, please let me know.

A:  File your case for the value of the items that are now ''missing''. (Attorney fees would not be recoverable unless provided for in the lease agreement.)...

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How do I find the help I need immediately! I need legal representation to file a civil lawsuit against a large corporation. I need someone who has expertise in the area of wrongful shoplifting accusations resulting in unfair incarceration. I have dealt with several attorneys who simply don''t have the resources to help me in this matter. I literally have days to find representation and get this lawsuit filed because I know I''m entitled to a considerable award in this case. Even the District Attorney in the 19th District had to throw this case out.

A:  There are many attorneys in your area who handle suits for damages. If the one you contact doesn''t handle this type, the will often refer you to someone who will....

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I was served a summons for credit card debt when I was not at home. The server asked for me and when my husband (unseen by server) was unable to get off the couch due to a bad back, he yelled to towards the door that I was at work 4 cities away. The server said I will just leave this (the summons) here and left the summons on the front porch and disappeared. When I discovered the summons on the parch the next day my husband shared the prior days event with me. He was never told by the server the importance of the information be presented. The box is marked on the sumons that it was delivered to the defendant directly and there is no proof of service filed with the court. does this help my case at all? Also, the server was not identified in the summons. The paper work doesn''t seem to be complete either, there is no case ccover sheet and no civil lawsuit notice included. Any thoughts? Date plantiff filed was July 7th and no delivery date provided but I t wasn''t delivered until the 14th and I found it on the 15th. Will I meet the 30 dayanswer if I turn it in tomorrow?

A:  What do you mean by ''turn it in tomorrow''? This isn''t homework. It''s a lawsuit. Some credit card company or junk debt buyer is suing you. And, as it says on the summons, if you don''t file a response within 30 days, a default judgment could be entered against you, and the sheriff could show up at your bank or workplace to take your money. You were served on July 14th and you had until August 13th to respond. You may still have a few days left to respond before default is entered, and even if a default is entered it can usually be set aside. You should consult a lawyer experienced in consumer debt issues before responding, speaking with plaintiff''s lawyers, or settling with the plaintiff....

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I had a judgement ordered against me in October of 2008 for an account that was opened fraudulently. I was ordered to pay 1481.00 in monthly installments of 50.00. I was paying it faithfully even though I thought it was unfair that I had to pay it but I was ordered by the court so I had to. I got behind in Jan when I moved because I don''t get a monthly statement for it and i forgot about it. As soon as I found out I was behind I went to the lawyers office and paid the full amount that they said I was behind plus an extra month. I started my monthly payments again and the next thing I know my employer is getting garnishment papers in the mail. I went to the lawyers office and asked why they were garnishing my wages and they said that I was behind, I argued with them because I knew I wasn''t. They said that I missed a payment in February of 2009, they never told me that payment was missing. I asked them why they didn''t tell me that payment was missing when I came in and paid up to date because I would have paid that too and they didn''t have an answer for me. I asked them can I pay my payment thats due right now plus the payment that I supposedly missed to get back on track, I am trying and they refused to take my payment so I left and went to the court house and filed an objection to garnishment and a motion to have the judgement thrown out. I went to court this past wednesday, the lawyer made it sound like I haven''t been trying to pay at all and the judge told me that he wouldn''t toss it out because I have already been paying on it and that legally there was nothing he could do to stop the garnishment even though he stopped the original garnishment. I filed more papers to petition to let me start monthly payment arrangements again. I called the lawyers office and asked them what my balance is, they said it''s 895.10, I asked them how I owe so much because my original judgement was 1481.00 and I have already paid them 800.00, so I should ounly owe them 681.00 plus my boss just sent them 193.00 and took another payment out of this paycheck this week, they said they are charging me interest. Is this even legal for them to charge interest on a specific ordered amount. What shoukd I do, I''m a single mom of 4 kids under the age of 8, I get no child support and I am struggling to make it as it is, they are taking food out of my kids mouths, please help me, I''m desperate, I feel like they should owe me.

A:  Sorry for the bad news, but everything sounds in order. You could appeal the judges decision, but that will be difficult without a lawyer. The second issue is easy. You do owe interest on the balance. The interest will continue until paid off. www.kliszlaw.com. Tim Klisz...