I am involved in a federal lawsuit.  the federal court is saying tome that i should have rasied those questions in the state proceeding. Do I have to raise a federal question in a state eviction proceeding?
124580
As a rule, you have to raise every issue you have in a case, whether it is a state or federal court. You can't wait to see if you lose in state court on state issues and then go to federal court to try again. The court has "pendent jurisdiction" over the other court's issues. It can make a difference what the issue is, though, since state courts may not have the jurisdiction needed, for bankruptcy, for example.
217973
I would file tommorow if I was you, once they get a judgement you cant include them in your bankruptsy. I just filed in october and it was over in march. I downloaded the forms from gov.org website and did it myself, I filed it myself and included a form to ask the court for a payment plan for the court costs which were $187.00, to be made in payments. We filed chapter 7, and because we didnt have more than 25% equity in our home we got to keep it. We wernt behind on that bill. So we just keep on paying it like usuall. We got to keep one car for each of us. Both were already paid off. My husband had one judgement that was not allowed to be discharged. And our home equity loan and mortgage was not entered as a discharge, because we are still able to pay for that. We got $69,000 dollars worth of debts discharged (meaning we don't have to pay them)The day you file, you have to pay $50 dollars toward the total if you file the form asking for the payment plan. The forms are kinda hard to understand at first.The packet is about 20 pages. One ask to list all secured debts, which are home loans or car loans. And then you list all your unsecured debts on one page meaning credit cards and hospital bills and the like with all the totals and names and addresses of the debtors, and then a page to list your income and what your personal assets are like jewlery, art work etc. Just work one page at a time, you can do it. But work fast before the judgement, and don't tell them you are doing it. The day you file you and get a number you are protected from them harrassing you, calling you or sueing you. The papers are free to download of the government web page. You have to decide which one to file chapter 7, 11, 13 depending on you particular circumstances. 7 is total and if you own more that 25% equity in a home they can sell the home to satisfy the debtors. 13 is a repayment plan I think. And state to state has different rules. Now you have to have credit counciling to, I think. The second web site has the forms free to download and the rules of the credit counciling and a listing of the individual states that you would live in. I hope this has helped you. Remember the law was set up for you to help you, when you cant pay the bills. Dont let anyone shame you. Its your right to file..
305250
It is probably related to court costs, but you should call the court clerk and ask.
288633
Get a laywer today!!! You need to ask them what your rights are in that state. If you get a good one, you should not have to travel down there. He can get you copies of everything you need and start procedings to get the people out of your house. If it were SC, I would recommend a good one. Good luck, wish I could do more.
116080
You need to consult an attorney in Kansas and provide him/her with all pertinent documents surrounding the house, will, deed, etc. \n\nAssuming that the criteria has been met, the attorney may file an eviction notice - however since they were married the last two years, there may be some other considerations to take into account. \n\nConsult with an attorney and follow the appropriate course of action.\n\nGood luck Katie!
630087
In response to your question about eviction, unfortunately you will have to go the courts and file an eviction proceeding, the person who advised to just type your own eviction notice and give it to your relative is wrong, I am a Law Enforement Officer, and if I were to respond to their house and you produced a typed eviction notice that was not issued from the courts, then I could do nothing at all.  An eviction is a civil matter, and for Law Enforcement to act on an eviction there has to be an order to evict from a Judge, like I said unfortunately there is no other legal method to evict the deadbeat relative.
547779
I am of the opinion that the presiding judge is well within his right to record a fiding exparte and it is not in violation of the principle of natural justice, so long as the respondent was given due notice of the proceedings according him an opportunity to be heard. The principle of natural justice does not mean that no order can be passed without hearing the parties concerned. It only requires that the parties before the forum should be given an opportunity to being heard. If the respondent had any difficulty in appearing before the judicial forum, like paucity of funds or threat to life, that is an entirely different matter. There were several options before him to meet such situations. Paucity of funds cannot be a valid ground for non-appearance. It is upto him to fend for himself to protect his own interests. I am sure there are provisions in the law prevailing in the USA, as it is in many other countries, for free legal aid for the indigent citizens. He could have availed of free legal aid. As regards the intimidation, which purportedlty detained him from appearance, it was open to him to lodge a criminal complaint against the petitioner and a copy of the complaint, if produced before the judge, would have weighed in his favour, for further adjournemetnt of his case. \n\nNow, that the matter has come to an end, before the learned judge, he has got two options. One is that he file a petition for review before the very same judge who passed the order and the second one is preferring an appeal before the appeallate authoruity. You may do this through a legal aid forum, if any available.
573390
It's totally up to the judge. Give a good reason and don't push it, you can lose your case for no shows.
263237
If the trial is over, he should not be able to re-open for questions not brought forward during the trial. He may or may not have the right to an appeal after the judge's decision. If both sides have rested their case, then only the judge may ask questions after the fact. As far as the letter is concerned, you may not be allowed to have legal representation, but that does not mean that you cannot receive legal advice. Plus, it may be a stretch to prove that an atorney wrote the letter. Do not quote any of this in court, as I am no lawyer. I've just had the opportunity to watch several civil cases in my line of work.
133684
I think they must be listed...ask attorney....you can also have things revised
109572
The link below gives the SOL for each state.\n\nNot sure about who has juristiction.  I would make the argument that if the card was still active, and not in default when you moved, then the current state has juristiction.  \n\nIf it was already in default when you moved, an argument could be made for the first state.
432491
You can ask if it is possible to do a deposition instead. Sometimes if there is fear of reprecussion that can happen. Make your fears known to the DA and they will assist you.
29663
I'm not a lawyer, but Federal Courts typically have jurisdiction over the whole USA.  Moving out of state will not even (automatically) excuse you from ordinary jury duty (personal experience on this), so I'm guessing it's probably more true with a Fed based issue.
270728
by fed. law all court hearings have to be recorded it sounds too me like there giving u the run-around! after prosecution it should be public record,check there,if it's not,depending on your state,get a lawyer and go for mistrial on the basis of no transcript of court proceedings... I hope this helps!!!
324684
You don't want to file a lawsuit. You want resolution of the situation. Document what has been done, put in chronological order and attach a letter asking for investigation. CC the heads of appropriate agencies, and perhaps the local DA or head of Family Court as well as the Judge in your case.\n\nBEFORE you send this out, take it to a civil (generalist)  lawyer, pay his hourly rate and ask him to edit /rewrite in better language.  It's your letter, he isn't representing you, simply assisting you in dealing with others.\n\nSuing a state is like nailing jelly to a tree.  Instead,  take some steps that outline the negligence of the state, your attempts to fix and be persistent and polite.
115582
Eviction judgements will be held in one of the smaller courts.  I'm not sure how your state divides them up, but it really doesn't matter.  I'm gonna bet it was small claims.  \n\nIs it still a legal judgement?  Yes.  Can you get it overturned?  Not very likely.  Unless you can prove that you were not properly notified and served, you could get it overturned for lack of service.  The fact that you didn't show up really hurts any other chance of appealing it.\n\nWhy it's not on the credit report?  Courts do not send this information to credit agencies.  But it is a public record.  If your court has a computerized record system, the agencies will have an easy time getting judgement records from everyone.  Many small courts are not computerized, and require that you come to the courthouse and manually copy information (for a fee).  Be glad your court is so inefficient.\n\nIt does not matter who owns the apartment now.  Your judgement is with the old owner.  If he passed it along to the new owner, they can continue to collect.\n\nWhy didn't they come after you yet?  Probably could not find a way to garnish you, or you had no property they could go after.
475598
Some types of lawsuits require personal service, which means that the summons and complaint have to be handed to you, or to a responsible person (i.e., not a small child) who can accept the papers on your behalf.  Other types of lawsuits can be served by mail, or by posting a copy of the summons and complaint on the door.  The type of legal matter involved determines whether or not the papers have to be handed to you. \n\nContrary to what another poster answered, service is not always made by the sheriff's department.  Service can often be made by any disinterested third party - so, for example, if your landlord has served you with eviction papers, the landlord or the caretaker can't serve the papers, but they can have a neighbor serve you.\n\nThe best thing to do to avoid a judgment is to call the court administrator in your jurisdiction and find out what is going on.  You need to show up for court on the appointed hearing date - and you can always argue that you were not properly served.  This won't make the problem go away, but it will likely postpone the hearing until you can be properly served, which would give you time to get your documents organized and perhaps hire an attorney.