Court File

Question: How can she/he going to appealing court file from the abuser?? Can we anyone of to use different terms have mention about from other people by race, which as use the terms into have threaten, abuse, verbal aggression or ask people to killing themselves over etc in the chat forum at Yahoo in Hong Kong?? If someone is victim by there and what should she/he do?? How can she/he going to appealing court file from the abuser??

Answer: Yep. That's right.

Question: Will the DMV be able to file my ticket if the Court Clerk spelled my name wrong? I got a speeding ticket and the officer wrote my name on it correctly, but when the clerk in the court filed it into their computer database, she typed my name wrong. Will the DMV be able to add the ticket onto my driving record? PS: After talking with my lawyer, I've decided to pay the fine. I admit that I was going above the speed limit and I am going to take the consequences like a man for breaking the law, so please no lectures on why I should fight the ticket.

Answer: Yes. Even if they didn't write down your name at all, your SSN & license number is what is important. There can be 10,000 people out there with the same name as you, but you're the only one with that SSN & license number.

Question: After your landlord goes to court to file a "Rent and Possession" how long will you have before eviction? A friend of mine has fallen behind on her rent and the landlord has threatened to go to court to file a "rent and possession" lawsuit on the 5th of the month. The thing is, we have a place lined up to move in together on the 1st of next month. Do these lawsuits move that fast or are we good? She has sent a letter to her landlord explaining the situation and offering to make arrangements to pay the back rent, even after moving out.

Answer: It depends on what state you're in as well as what local court you're in (and how busy that court is). You might be able to get more specific advice if you add some more information. Landlord-tenant law varies a lot from state to state, but here's my attempt at a general answer: In most states, after a landlord files the action, a court date is assigned and the tenant has to be served. I don't know any state where that process takes less than 10 days. Depending on your state's rules, there may be some methods to delay the case at trial (continuance, discovery, etc.). Finally, there will probably be some delay after the trial before the landlord can arrange to have the sheriff come out to evict you. In most cases, you probably will be able to make it to the end of the month before your stuff is put out. A bigger concern will be the eviction on your credit record. Even if your credit's good enough to take the hit, many landlords refuse to rent to anybody who has previously been evicted, regardless of credit score. What's worse, even if you pay before trial, future landlords will be able to see that this landlord filed an action against you and may decide not to rent to you on that basis alone. I'd suggest doing whatever you can to come up with the money or trying to work out some sort of payment plan with your landlord.

Question: File Court Petition Form from another state county? My county does not have a specific form for the petition I wish to file with a probate court. However, I have found a form for the same law in anoter state and another county. Can I use the forms from these other county/state to film a petition in my county? Thanks!

Answer: Yes, you can use it if there is no local equivalent (make sure you tailor it for the particular probate court).

Question: What are the rules regarding adding documents such as letters of character to my court case file? I would like to add some letters to my court case file from my kids explaining what they want in my current custody case. Do I just bring the letters to the court and ask that they be added to my file or do I have to fill out paperwork, notify the DA, or is it allowed at all?

Answer: Depending on your case, I would have your lawyer petition the court to have the judge allow your lawyer turn over the documents to the clerk for him/her to place them in the file.

Question: If ordered by Family court to file a response by a specific date and it is not completed by that date will the? When my ex and i went to family court last month . My Ex was told to file his response and get his proof of income together and file it before our next court date. He hasn't filed a response or done anything for that matter. So my question is whats going to happen at our next court date?

Answer: You will win by default (most likely) depending on the magistrate he could be fined or a warrant will be put out for his arrest. At the very least this will definitely hurt his credibility.

Question: Can I file the paperwork at the court if the paperwork has my husbands name on it? I'm going to court to file the paperwork for custody of my grandchildren. My husbands name and my name is on the paperwork as joint petitioner's. Does my husband have to go with me just to file or can I just go alone??

Answer: From a lawyer. A stranger can file it. Law firms use couriers. No problem.

Question: How do I file a court appeal and what forms must be used? I need to appeal an Order to Stay/Writ of Possession that was denied ,because I was late to court and it the case was denied when I was not present. I heard that I can file an annulment..(because I was not present for the decision).What is an annulment and is that true?

Answer: No...you're done.

Question: Can I file a court proceeding in North Carolina if I live abroad? I live in the UK and need to terminate the father of my children parental rights. I called the courthouse of Raleigh and was told by a clerk of court that I can't file in a US court of Law because I do not reside in the USA. My ex-husband lives in Raleigh and I need to know if this is correct and if so what should I do. UK court is different and does not "serve" defendants abroad. Even if I obtain the termination via a UK court will this be a valid document in the USA?

Answer: You need to contact a family law attorney in NC and have them file the petition for you, they will know the residency requirements. Normally a termination done abroad is not recognized in the US, call an attorney in the UK and he or she will know the answer to that right off the bat. I have a feeling the clerk told you that because you asked if you could file it yourself with your address as it sits in the UK, going through an attorney will get around that one way or the other.

Question: how can i file in court to end my alimony payments in Maryland? Payments are to end Jan. 1 but I need to file in court so Personnel will stop taking out the money.

Answer: It's a Motion the Modify/Suspend Financial Support. It is exactly the same you would file as regards child support, when a child should not longer be covered by them, such as getting married prior to age 18. \\\\\\\\\\\\\\\\

Question: I've moved out of state with my daughter, where do I file court papers regarding her? We lived in Virginia until last spring when we moved to Tennessee. Her bio-father still lives in VA and gave up his visitation months before I decided to move. If I need to file any court papers or if he decides to file anything do we have to do it in TN now or in VA since that's where all the original papers were filed?

Answer: Gave up his rights legally? If not you were suppose to ask the court BEFORE you took her out of state. Better get a lawyer.

Question: How do I file a case in court against Yahoo to get access to a user's account? I'm in the process of investigating an internet fraud that was commited aginst myself and several others. It seems organized crime in BUCHAREST, Romania is using the internet to do all kinds of fraud against an unknown number of people. So far I've tracked three cases and would like access to the email accounts they use on Yahoo (and other sites like hotmail). I am willing to file in court and go throug the motions to get access. I would just like to get some legal advice I guess. Thanks all. Don't call me a moron, what's wrong with you? I'm not ungrateful. I love yahoo. But to gain access to someone's account on Yahoo you must file a motion in court against Yahoo itself. Yahoo is the organization that actually owns the information I want to gain access to. It's a legal issue, not a personal one against Yahoo. Don't misread my post and just going off on an emotional tangent. I'm just looking for advice as to how to file this type of case in court. I've never filed a court case before and will do my own research since none of the answers so far have been of any use. I'm doing this on my own. I have already gone through the FBI, filed and all. I don’t want lose any more money on this issue by hiring a lawyer for $$$ an hour. Also, it is not impossible to gain access to someone's email account; you just have to get a court order to do it. What I'm seeking is information regarding this type of case, any and all legal advice would be greatly appreciated.

Answer: Hire a lawyer.

Question: Will a credit card debt come off in 7 years? What happens if they file a court motion against me? I have a delinquent credit card on my credit history since 2004. They are threatening to file a motion in court for me to pay it. What will happen when they file the motion and I don't pay it? Will it still drop off in a year or will it extend it for another 7 years?

Answer: Derogatory items age off your credit 7-1/2 years from the date of first deficiency. This is per the FCRA and nothing restarts this clock. The Statute of Limitations (SOL), the timeframe to bring lawsuit, varies from state to state. Typically it starts from the date of last activity or last payment. Check the SOL for your state: http://www.bcsalliance.com/y_debt_sol.ht… A 6 year old credit card debt could be passed the SOL. If so, you can use the SOL as an affirmative defense in court. But if the creditor does get a judgment against you for the debt, this will be another negative on your credit report. The judgment will show up in the public records section and will remain on your credit report for 7 years or the statutory max for judgments in your state, which ever is longer. Judgments are good for a long time and can be renewed. If you don't pay, the creditor can use the judgment to garnish wages, attach bank accounts, and lien personal property.

Question: How long does the court keep your file and record for a ticket that you got? If you showed up in court, how long do they keep your docket and minute order , basically a file saying that you got the ticket paid it etc... In California ?

Answer: I do not know how long it is in CA, but I had a ticket almost 15 years ago in North Carolina and it showed up when I went to court on another ticket in Maryland.

Question: If someone has a lawyer, does the client file a claim in court or does their lawyer do it for them? Who actually goes to the court to fill out the papers in order to sue someone? Is it possible that someone with a lawyer had gone to court and filed the papers themselves?

Answer: The client COULD do that, but that's why you have a lawyer.

Question: which court would a person file a motion of reconsideration due to special circumstances? If a person was to file a motion of reconsideration due to special mitigating circumstances, which court should they file the motion with? The original trial was in civil/domestic court in Maryland and defendant was found guilty of contempt, 2 counts and was almost incarcerated. After a research and investigation, and supporting documents, they are sure that they prove the Plaintiff lied to the courts on all issues and were not guilty.

Answer: Motions to reconsider are filed in the deciding court. (Thus the word, "reconsider.") However, there is a time limit. Look up "post-conviction remedies."

Question: Can I just go down to the court and file for a divorce? Was wondering if I can just go to the Circuit Court Clerk myself and file so I can at least save those attorneys fees and NOT have to pay someone to do that. If so do I just ask for divorce papers or what? THANKS in advance!

Answer: That depends on your state and local jurisdictions. When I divorced, I did all the paperwork myself and the Clerk of Court's office had pre-made packets for people like me who wanted to do that. It's worth checking into at the Clerk's office. BTW, I had children when I divorced, but in NC where I did it, the divorce is a separate action altogether from the property settlement and child custody issues. The divorce judge doesn't even LOOK at that agreement which is private and negotiated by the parties.

Question: How can I file a motion without going to court? Allocation of Parental Responsibility Motion in Arapahoe District Court, CO. I reside in New Mexico, and need to file this motion in another state. Can I get the motion notarized and simply mail it in to the court with the filing fee? Provided I follow all CRCP regarding service, can I save myself an unnecessary trip to Colorado?

Answer: You can mail it, but its not your best option. Better would be to find an attorney service in NM that has a office in Colorado or reciprocal relationship with an office in Colorado. They can file the motion for you and then you have proof that you filed the motion and served it on any other parties in the case. If that's too much money (it'll probably run around $80-120 or so), then you should FedEx it. Its really important that you have proof that the motion was filed and served. If there's a hearing on the motion, you'll probably have to show up, however.

Question: Where/what court do I file suit against the United States Government for violation of my first amendment right s? I just want to know what court to file in. Would it be Federal District Court?

Answer: Yes, federal district court.

Question: How do you file a claim in small claims court? I live in California. I lended someone money and made them sign a paper saying how much I lent them and agreeing to pay the money back. I have not recieved any payments and its been too long so at this point I think I need to take them to court. Do I file in my city or theirs? Do I need a lawyer? If they don't make much money how will the court make them pay it back? Can they garnish their wages? Thanks

Answer: This site will give you lots of information on small claims. For example, you will learn that there is no such thing as a sub-court house in California. If this does not help enough, there are many books around on small claims. Nolo press might be your best bet. http://www.courtinfo.ca.gov/selfhelp/sma…