An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. You can find more English-Spanish translations in the Pocket Spanish English Legal Dictionary (print and online), English-Spanish-English dictionaries (such as Reply) and the Word reference legal translator. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. The response is a legal document prepared by a Party that explicitly responds to a statement in response and, in some cases, to a response. A reply may be written if a party or party who does not seek redress from the court makes a counterclaim or if the court has ordered a response.
A response, particularly in California, may be written, filed, and served when a party files a motion or application for injunctive relief, the party that does not move submits a statement in response, and the requesting party wishes to file a legal document that specifically “responds” to the statement in response. (leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=14.&part=2.&chapter=4.&article=). A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. The right as set out in previous court decisions. Synonymous with precedent.
Similar to the common law, which stems from tradition and judicial decisions. The study of law and the structure of the legal system In law, a response refers to a defendant`s first formal written statement about a plaintiff`s first claim or complaint. This introductory written statement will admit or deny the allegations or require more information about the allegations of misconduct. Most commonly, a response includes the defendant`s counterclaims (allegations or claims against the plaintiff) and/or positive defenses (legal defenses that may derail the plaintiff`s claim). With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.
For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. n. in the Act, a written pleading filed by a respondent in response to a claim in an application filed and served on that defendant. A response generally responds to any claim contained in the complaint by denying or admitting it or admitting it in part and denying it in part. The response may also include “positive defenses,” including allegations that contradict the complaint or contain legal theories (such as “dirty hands,” “contributory negligence,” or “anticipated harm”) designed to derail the allegations in the complaint. Sometimes the answer is in the form of a “general denial” that denies everything. The response must be typed, comply with certain rules of procedure provided by law and the court, and must be submitted to the court and served on the defendant within a certain legal period (e.g. 20 or 30 days after service of the application). If the complaint is verified as perjury, the response must also be verified.
There are fairly high filing fees for each defendant who files a response. In short, when a complaint is filed, consult a lawyer as soon as possible to avoid a default judgment. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” 1) n. Failure to respond to a subpoena and complaint served on a party within the time prescribed by law. If no legal or other response is submitted, the plaintiff (plaintiff) may request that a delay be recorded in the minutes, thereby extinguishing the rights of the defaulting party to defend the case. Under a single New York law, default can be established if a subpoena served without complaint is not processed. (2) failure to make a payment on the due date, which may result in a formal notice and the commencement of enforcement proceedings if the debt is secured by a mortgage or trust deed. 3) V.
not to file a response or other response to a subpoena and complaint or make a payment on the due date.