Can a motion to dismiss be filed at any time?

Can a motion to dismiss be filed at any time?

A motion to dismiss can be filed by either party in a case at any time during the proceedings, but it’s usually filed by a defendant at the beginning of a lawsuit. A motion to dismiss is filed when a party believes that the complaint is legally invalid, which can be based on a variety of grounds.

What can I do if someone owes me money and refuses to pay?

Does someone owe you money but won’t pay up? You can take them to a small claims court to regain your cash (and your temper).

Is it worth suing someone with no money?

Even if you do not have the money to pay the debt, always go to court when you are told to go. A creditor or debt collector can win a lawsuit against you even if you are penniless. The lawsuit is not based on whether you can pay—it is based on whether you owe the specific debt amount to that particular plaintiff.

What is the maximum amount you can sue for in small claims court in California?

$10,000

Is it worth suing a contractor?

If you work hard and accumulate assets, then any honest mistake can land you in court facing a lawsuit. And no matter how egregious the contractor’s action, there is never more than a 50/50 chance of winning in court. Bad contractors are particularly good at complicating any court case.

Can someone sue you if there is no contract?

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well. In other words, the two of you may have created an oral contract, on the basis of which either of you can sue.

Can I sue for poor workmanship?

Entering into a contract with a contractor who then fails to meet their obligations, or performs disappointing work may justify a legal claim against them. Lawsuits filed by homeowners against contractors are generally filed in civil court.

How do you prove a verbal agreement in court?

Another way to help prove a verbal agreement is by getting witnesses who were present when the agreement was made, to testify. In addition to having witnesses and written evidence, you can also prove a verbal agreement by the actions of the parties.

Does a verbal contract stand up in court?

Verbal agreements between two parties are just as enforceable as a written agreement. Like written contracts, they just need to meet the requirements of a valid contract to be enforced in court. If the agreement meets those requirements, both verbal and written agreements are enforceable.

Do verbal agreements hold up in court in California?

California law normally allows oral contracts. All contracts may be oral, except such as are specially required by statute to be in writing. Further, if a party tricks another into not having a written contract, a verbal contract may be enforced even when normally required to be in writing.

Can you sue someone for a verbal agreement?

If a person does not fulfill their part of the verbal contract, there may be grounds to sue—but it will depend on the overall nature of the agreement and stipulations involved. If you believe another party violated your valid verbal contract, do not hesitate to get legal help you can trust.

Is verbal offer legally binding?

An unconditional verbal offer becomes legally binding and enforceable on its acceptance, just like a written offer. However, certain offers, such as in a real estate sale or purchase, must be made in writing.

Can you decline an offer after accepting it?

Once you turn down a job you previously accepted, there is no going back. Therefore, think carefully about the pros and cons of rejecting the job. Read your contract. If you have already signed an employment contract, read through it carefully to make sure there will be no legal repercussions to rejecting the job.

Can you change your mind after accepting a job offer?

However, it’s important to know that it is possible to turn down a role after accepting a job offer. Indeed, if you have second thoughts after putting yourself forward for a position, this might be your instincts telling you to reconsider.

Can you back out of a verbal settlement agreement?

In most cases, it doesn’t matter that a settlement agreement wasn’t signed by the person wanting to back out, as long as the other parties can prove there was some form of agreement to the settlement. Settlement agreements are often completely enforceable as oral contracts.

Can you sue after accepting insurance settlement?

You can obtain money through a judgment in a civil lawsuit, but many cases settle outside of court. You cannot sue after accepting an insurance settlement. The agreed-upon sum will be the total amount you receive, even if you realize later that your damages were more than the settlement amount.

Can you change your mind after a verbal agreement?

A verbal agreement is as good as the paper it is written on. You have no obligation to rent to the person and can change your mind.