Tina W. asked
I filed a lawsuit against a defendant for breach of business contract and fraud. We have gone through special bailiff and warning order attorney, and the hearing is set for a default judgment. The complaint has two charges: 1) breach of contract; 2) fraud. In the motion, my attorney only included the breach of contract and asked for a refund of the purchase. I asked him to include punitive and other losses, but he said there will be another hearing for that part as it requires evidence and possibly a witness. Does the breach of contract require less proof from a witness? How can a judgment be made in a default judgment without verifying the defendant's conduct? Will the court ask for further evidence in another hearing? Is it common to get a judgment from one hearing?
March 15th, 2023
Brandi D. answered
Once a default judgment is issued, the evidence presented is typically only regarding the amount of ...
March 15th, 2023
Create an account to view answers and interact with the community!
I have inherited a small parcel of farmland in Iowa with no legal access. The property is surrounded by adjacent farmland on all sides, and I am told that current law does not allow the sale of land without access. Is there any solution to my problem?
January 9th, 2024
What does it mean to dismiss a claim 'with prejudice' or 'without prejudice'?
May 14th, 2024
I live in Florida and applied for a City permit to open a retail store specializing in Electric Pedal Assist Bicycles. The permit specifically allowed for the use of these bicycles on a nearby trail. However, after opening, a local businessman lodged a complaint, and the City stopped allowing the use of the trail for my business, leading to my store's closure and significant financial loss. Can I hold the City liable for my damages?
July 23rd, 2023
My son is a junior in high school. He was eating in class and his teacher got annoyed and asked him to not eat in the class. She thought he was being disrespectful by not stopping quickly enough. She decided to send him to the dean for detention. When he got to detention, he found out the teacher told the dean that my son was acting as though he was high on drugs. My son does not do drugs and is an officer of his mentoring group with the Sigma Beta Club. Could the teacher be held liable for slander for stating that my son was acting as though he was high and that being at least partially the reason he was sent for detention? The fact that he did not stop eating quickly enough does not seem to be a reason calling for a detention. My son said it was a common practice for kids to eat in the class.
July 4th, 2023
A new tenant signed a lease but wants to cancel due to alleged abuse by her fiancé. She paid one month's rent and a deposit equivalent to two months' rent. What are my rights regarding the lease cancellation, the deposit, and potential expenses if I can't find a new tenant quickly?
April 14th, 2023