Can text messages be subpoenaed in divorce?
Can text messages be subpoenaed in divorce?
Divorce attorneys use subpoenas to gain access to information that could be important to the case. This includes private information such as personal emails or text messages. In a divorce case, both sides of the divorce can use subpoenas to force the other to produce information, including cell phone records.
Can I sue my husbands ex wife for emotional distress?
While the Court dismissed the father’s complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.
Can I sue my ex wife for parental alienation?
Your attorney may file a Motion for Contempt of Court when you allege parental alienation that indicates your ex is in violation of your court-ordered parenting plan. This motion involves asking the court to become involved and hold your ex in contempt for the violation of the court’s parenting plan order.
How do you prove emotional pain and suffering?
Evidence to prove emotional distress includes witness testimony, documentation and other evidence related to the accident. For example, you may provide your own testimony of flashbacks, inability to sleep, anxiety, and any other emotional injuries that you have associated with the accident.
How can I prove emotional distress?
To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that:
- The defendant’s conduct was outrageous,
- The conduct was either reckless or intended to cause emotional distress; and.
- As a result of the defendant’s conduct the plaintiff suffered severe emotional distress.
Can you sue your landlord for emotional distress?
If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what’s involved in suing your landlord. You may file a lawsuit in either federal or state court.
What your landlord Cannot do?
A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs. A landlord cannot remove a tenant’s personal belongings.
How can I get my landlord in trouble?
If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.
Is it worth suing your landlord?
If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.
How do you politely ask for a deposit back?
Mail your landlord a letter requesting that she return your deposit. Be polite and simply inform the landlord that you have vacated the property and would appreciate the return of your deposit once she has had a chance to complete any checks and paperwork.
What can I do if my landlord won’t do repairs?
If your landlord won’t do the repairs. Keep paying your rent. If you don’t, you’ll get into rent arrears and your landlord might then try to evict you. You can complain about your landlord or complain about your letting agent if they won’t do the repairs.
How do you tell your landlord something is broken?
Here’s the best way to ask your landlord for repairs—and actually get results.
- Make sure the repair is actually your landlord’s responsibility.
- Document the problem thoroughly.
- Ask your landlord in writing to make the repair.
- Send your landlord a letter with return receipt requested.
- Wait for your landlord to respond.
What is a hardship stay?
An eviction stay of execution due to hardship under CCP 918 in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay. A landlord should oppose the motion and specify why the stay would be prejudicial and harmful to the landlord.
Should I give my landlord my bank account number?
A landlord or property manager may ask for your bank account number to ensure that you actually have a bank account and make enough to cover the rent. They may also want your bank account number in case you miss rent payments.
Can someone check your bank account balance?
While many banks no longer allow for this, some banks will still provide general amount account balance amount information to people that simply call and request it. For example, if someone knows your checking account information, they can call the bank to verify funds on a check — even if no check actually exists.
Is it safe to give bank statement to landlord?
Landlords can ask for information such as pay stubs or bank account statements to prove that you are able to afford the rent. Landlords can’t force you to provide this information.
Is it normal for landlords to ask for bank statements?
Yes, it is “normal” to ask for bank statements, but not every landlord asks for it. Providing bank statements for the purpose of qualifying for a rental applicant can be helpful for the landlord in seeing the full financial situation.
Can I black out my bank statement?
Can a landlord tell you you can’t blackout information on your personal bank statement? You cannot reasonable black out certain identifying information, such as your name, address, and deposits. You can, and should, black out your account number.
