12

You can't sue her for not having insurance. You sue for the damage you suffered. You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son use the car, and then let the judge sort out who gets landed with the liability. Depending on the rules in your jurisdiction you might have to pay her travel ...


12

Res judicata in the broad sense The relevant rule is stated in Henderson v Henderson (1843) 67 ER 313: where a given matter becomes the subject of litigation in, and of adjudication by, a Court of competent jurisdiction, the Court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances) ...


8

Same event - one case Even when the same facts create different causes of action, they all must be pursued simultaneously or not at all. The rationale for this is simple: a defendant should only be required to justify their acts or omissions once, not have a plaintiff litigate the same matter over and over.


6

Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount? Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000. He does not have any money to pay. Could courts order the land to be sold? In most U.S. law jurisdictions, yes, a high value assets can be ordered sold to satisfy ...


6

You can read about (federal) damages from the Surface Transportation, but they are at least liable for 60 cent per lb. for damages. The company has to inform you that you have the option for full-value, which you can waive. In addition, they are allowed to limit their liability for damages for items of high value such as furs and jewelry, things worth more ...


5

If you had an agreement that amounts to a contract, it is binding even if it was informal. However, if your agreement was not in writing, it might be hard to prove. You can easily prove that you transferred money to the other party. But can you prove that it was a loan an not a gift? And even if it is agreed to be a loan, if no repayment time was specified, ...


5

As far as I know, no jurisdiction in the US relieves a person of their contractual lease obligations when they are required by law to leave the country. However, many (perhaps most) states require the landlord to make an effort to re-rent an abandoned unit, which reduces the size of the tenant's liability. Unless the landlord just gives up on the claim for $...


4

Only rarely can the victim sue for not having insurance in most, but one can can sue mom for damages under the Family Car Doctrine in Colorado and nineteen other U.S. states, which holds householders vicariously liable for all torts caused using cars that are part of their household. Some other jurisdictions impose vicarious liability on a car owner and it ...


4

The company can't force you to settle out of court. But if it pays you what it says you owe it in an unconditional payment, it can cause your claim to fail on the merits at trial for a lack of damages. A company might want to do this to avoid the collateral estoppel consequences of a judicial determination of your liability. The doctrine of collateral ...


4

The criminal charges against the driver and his mother are police business, not yours. You have a civil case for damages against the driver, and possibly his mother on the theory that she enabled her son's behaviour. Depending on the amount you should either sue them in the small claims court or else hire a lawyer. If you win the case and the driver was ...


3

The easiest way would be to hire a collection agency to collect the debt (for a fee of course), because collection agencies routinely include debts that they are collecting in credit reports. Credit reporting agencies differ in what other kinds of debts they will report. Recording a judgment lien in real property records will trigger a credit report entry ...


3

You can only sue once on the same facts on the same defendant The issue here is res judicata - once a case between 2 parties has been resolved, that matter can never be litigated again. So Adam cannot split his litigation against Bill. Adam has suffered no damage from Charlie If Adam now had an artwork of reduced value as a result of Charlie’s negligence he ...


2

A standard response to a request for information is that police will not release information on an ongoing investigation. The statutory basis for this is Idaho Code 74-124, which exempts certain information from disclosure, that nothing in this chapter...shall be construed to require disclosure of investigatory records compiled for law enforcement purposes ...


2

Just to hit the specific point in the question beyond what @DaleM mentioned, judges have very broad discretion to continue hearings and extend deadlines that have not already expired upon the request of a party, except in a very narrow class of cases that provide otherwise. The standard for doing so in the jurisdictions where I have practiced is "good ...


2

Subsection 12 of Rule 12 of british-columbia's Small Claims Rules identifies "What happens at a payment hearing?" (12) At any payment hearing under these rules, evidence may be heard about any of the following: (a) the income and assets of the debtor; (b) the debts owed to and by the debtor; (c) any assets that the debtor has disposed of since the ...


2

Usually this is done in the context of a suit for money damages for the return of a security deposit, or in the context of a defamation action when the landlord has made a negative credit report. But if there is no security deposit to return and no inaccurate credit report that has been made, these options aren't available. You might be able to obtain a ...


2

The Civil Resolution Tribunal Act, SBC 2012, c 25 provides, in Part 6 — Enforcement of Tribunal Orders Enforcement by filing in Supreme Court 57 (1) A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final ...


2

Depending on jurisdiction and other facts, one may be entitled to loss of money value of time damages or opportunity cost as damages, too. In this case, the time one spends negotiating and obtaining estimates, and one may be entitled to the loss of the benefit of one’s bargain or loss of enjoyment of property (these two may perfectly overlap and may only be ...


2

Jurisdiction: australia No Land can only be seized to pay a judgement debt if the amount is more than $10,000. Personal property - jewellery, furniture, cars, boats etc. can be seized.


2

The judge as trier of fact In a judge only trial the judge has two roles that are otherwise split between the judge and the jury - to decide what the law is and to decide what the facts are. Whether it is a judge or a jury, the trier of fact will consider the testimony and other evidence and make their own judgement about what is credible, what is not, and ...


1

It is defamation if a person makes a false (damaging) statement to another person. For example is they said you didn't shut off the engine (and that act harms someone), but you did shut off the engine, that is defamation. If they say to you only that you did this thing, it is not defamation. It could also be the statement that you belched loudly. In the ...


1

Basically I'm asking, does a party need to be reasonably certain an address for a defendant is in fact their address and not just a lie? It doesn't really matter to the Court. You as an applicant must effectively serve the document for your case to proceed. Sending a mail to a non-existent or fake address is against your interest. Different provinces may ...


1

Yes, you can have secret evidence new-zealand But only if you’re the government in a criminal trial and the evidence has security implications. Then you can present it only to the judge and not the defendant. All countries do this and yes, it’s problematic and controversial. However, in a civil case, no, you can’t. Anything you want to introduce as evidence ...


1

What do I need to do to cancel the hearing, or should I attend and just say I was paid? Both options would be acceptable. The latter would probably be easier, faster, and provide a means to get prompt express court approval for your actions. For example what's the difference between a notice of withdrawal and an acknowledgment of payment? Withdrawal means ...


1

Rule 16 of the Small Claims Rules states this... Written proof of service [...] 14(e) for personal service of a summons to a payment hearing, an affidavit of service. And Form 12 Summons to a Payment Hearing at Schedule B includes the Affidavit of Service which appears to give just two options... Leaving a copy of it with him or her. As directed by the ...


1

In British Columbia this is governed by the Court Order Interest Act There are too many whys and wherefores to give a definitive answer as when and on what interest is applicable varies and the rate changes over time and the rate can be agreed (e.g. in a contract) between the parties.


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