What is specific relief and how it is granted?

What is specific relief and how it is granted?

Ch. Muhammad Hanif. What is specific relief: It is a positive remedy. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he has been deprived. In another words it is compliance of a contract specifically, which has been refused to comply with.

At what age can a child decide which parent to live with in Pennsylvania?

14

What constitutes an emergency motion?

Emergency motion is a motion that is presented in court without the normal requisite five business days notice. An emergency motion provides immediate relief as the response is delivered quickly than a normal one by the court.

How long does an emergency motion take?

If the court deems your motion an emergency, then they will usually respond within twenty four hours.

What happens when a motion is filed in court?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

How do you respond to a motion?

Follow these steps to respond to a motion:

1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition.
2. File the forms. Turn in your completed forms by mail or efiling.
3. Serve the other party.
4. Get ready for the hearing.
5. Prepare an order.

How long does it take for a judge to respond to a motion?

There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket.

Can a judge ignore a motion?

You need to set your motion(s) for hearing to get it before the Court. Otherwise, the Court will not address your motion(s), which is why you feel like you are being ignored. Thus, you must file a notice of hearing on your motion and go before the…

How do you oppose a motion?

Overview. If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side’s request.

What happens if you don’t respond to a motion to compel?

Motion for Sanctions – If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party’s evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing …

How do you argue a motion in court?

Arguing Your First Motion

1. You’ve written a motion and submitted it to the court. The court has set it for oral argument – now what?
2. Read the rules.
3. Know the judge.
4. Review your written motion.
5. Shepardize your cases again.
6. Review opposing counsel’s written motion.
7. Note cases that are directly opposed to your argument.
8. Prepare your argument.

What if someone sues you and you have 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.

How do you stop someone from suing you?

Instead, implement the following actions:

1. Contact Your Insurer. If you have liability insurance, contact your insurer as soon as possible to alert them about the lawsuit.
2. Hire an Attorney.
3. Collect Information.
4. Stay Calm.
5. Be Patient.
6. Be Realistic.
7. Review for Lawsuit Vulnerability.
8. Transfer the Legal Risk to Others.

What happens if you can’t pay a civil lawsuit?

If you lose a civil case and are ordered to pay money to the winning side, you become a judgment debtor. If you do not pay, the creditor can start collecting the judgment right away as long as: The judgment has been entered.

How can I protect my bank account from creditors?

Here are some ways to avoid the freezing of your bank account funds:

1. Don’t Ignore Debt Collectors.
2. Have Government Assistance Funds Direct Deposited.
3. Don’t Transfer Your Social Security Funds to Different Accounts.
4. Know Your State’s Exemptions and Use Non-Exempt Funds First.

How can I protect my assets from a civil lawsuit?

Here are five or the most important steps to take when protecting your assets from lawsuits.

1. Step 1: Asset Protection Trust.
2. Step 2: Separate Assets – Corporations & LLCs.
3. Step 3: Utilize Your Retirement Accounts.
4. Step 4: Homestead Exemption.
5. Step 5: Eliminate Your Assets.

How can I hide my assets?

Five Ways to Legally Hide Your Money. Offshore Asset Protection Trusts….

1. Offshore Asset Protection Trusts.
2. Limited Liability Companies.
3. Offshore Bank Accounts.
4. Retirement Accounts.
5. Transfer of Assets.

What assets are exempt from lawsuit?

All states have designated certain types of property as “exempt,” or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they’re not worth too much.

How can I protect my assets from nursing home costs?

6 Steps To Protecting Your Assets From Nursing Home Care Costs

1. STEP 1: Give Monetary Gifts To Your Loved Ones Before You Get Sick.
2. STEP 2: Hire An Attorney To Draft A “Life Estate” For Your Real Estate.
3. STEP 3: Place Liquid Assets Into An Annuity.
4. STEP 4: Transfer A Portion Of Your Monthly Income To Your Spouse.
5. STEP 5: Shelter Your Money Through An Irrevocable Trust.

Can nursing home take all your money?

But Medicaid requires that a person only have limited income and assets before it will start to pay for care. This means that a nursing home resident has to “spend down” their available income and assets before Medicaid will help pay for their nursing home costs. The nursing home doesn’t (and cannot) take the home.

What is the 5 year look back rule?

When you apply for Medicaid, any gifts or transfers of assets made within five years (60 months) of the date of application are subject to penalties. Any gifts or transfers of assets made greater than 5 years of the date of application are not subject to penalties. Hence the five-year look back period.

How can I protect my elderly parents assets?

10 tips to protect your aging parents’ assets

1. Talk to your loved one often and as soon as possible about their wishes for the future and your desire to help.
2. Block scammers from calling.
3. Sign your parents up for free credit reports.
4. Help set up automatic payments.