This is so good! Im close to being complete with drafting my federal complaint before submitting it to public council for review and feedback. Your channel has really helped me to make my complaint dismissal proof as best as I can. Recently I added a second party as a defendent incase the assignee decides to motion for dismissal for failure to join the creditor in the suit. Your channel has been my number 1 go to throughout the learning process and drafting of my complaint and I truly appreciate you so much!
Before you file your complaint it is VITAL to obtain a default against the other party beforehand. Then youcan file for a default judgement and the other party may not argue the merits of the matter. 👍
Here is the order. A complaint is filed. The opposing side fails to respond to the complaint. The complainant moves for a default and receives a default judgment.
@@advocatelucinda That's the modern day standard way among those who are not aware of obtaining a default before going to court using administrative process.
I am not aware of an old standard in obtaining a default before going to court using administrative process. What administrative process are you referring to and what statute or law are you relying on? Thanks.
Thanks for the format! I have several parties. However, your video on giving notice to government agencies they are being sued is missing. Where is that? I will keep looking.
Hello, first I would like to say that I enjoy your videos and the way you speak so calm and clear. Ok so my question is do you have a case that has won a lawsuit against the government agency?
Since the defendant has been served with the complaint, moving forward, you must put the defendant on notice of each document you file, by sending a copy of the document to the defendant with the attached certificate of service. You will send it to the defendant by mail or efile, if you have access to efiling.
@@advocatelucinda for a foreclosure, in a non-judicial state the property is held in trust, would it be wise to have the trust be the plaintiff and bring forth the action? Also i noticed my defendants where agents of the corporations i dealt with, would i have to put the agent's name or is the corp. name good enough as the defendant? gratitude!
I recommend that you contact someone who is an expert in or knowledgeable about property foreclosure laws involving a trust. Regarding who you name (I assume you are referring to filing a lawsuit), it would be the defendant(s), the person(s) you are suing. Best.
I have a question. On one of your videos you discuss continuing violation topic. If someone wanted to actually apply it would they wait until there is a motion to dismiss claims that have passed statues of limitations or would they assert the continuing wrong doctrine on the original complaint?
@@advocatelucinda Hi! The title is, "See How The 300-Day Continuing Violation Doctrine Can Revive A Workplace Harassment Claim." I want to attach claims in a filing and not sure if that is argued in the initial complaint, or do people assert that once a motion to dismiss a time barred claim is put forth.
To pursue an employment discrimination claim under Title VII, including a harassment case, an employee must file a charge of discrimination with the EEOC within either 180 or 300 days of the unlawful employment practice, depending on which state the employee works in. Read the following link: www.forbes.com/sites/ericbachman/2021/04/07/how-the-continuing-violation-doctrine-can-revive-and-strengthen-a-workplace-harassment-case/?sh=6512d5063b1d
@@advocatelucinda Thanks for the reply. I know the information about EEOC, but I was referring to continuing wrong doctrine. When is it used during litigation? When a complaint is filed or when the complaint has been responded for a motion to dismiss due to time limitations? I've googled and saw plenty of people have used it, but haven't seen/found actual court docs to see when it's applied.
You have to motion the court first to gather evidence through deposition, and file the complaint with the upper chain of command.court don’t investigate and they won’t investigate their own. Remember the municipal court/adjudicator is a employee of the same county and state they are not impartial why cause they work for the STATE of XYZ
Have you filed a lawsuit? A judge would have to have jurisdiction over a case in order to direct someone to do something. In other words, a lawsuit would need to be filed.
Can you please help me, I just got a order of shotgun and have 30days to amend compliant. The attorney is doing exactly what your talking about in these videos
Denfense attorney filed motion to dismiss in support he used a purchase order that law was changed 4 years prior would that be considered fraud on the court?
As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a court's own motion. A trial court has the power to dismiss an action sua sponte for want of prosecution, or failure to comply with the rules of civil procedure or a court's orders. A court may sua sponte enter a motion to dismiss for want of jurisdiction even though both parties have agreed to appear in the court. See, e.g., Carlisle v. United States, 517 US 416 (1996) and Trest v. Cain, 522 US 87 (1997).
But when the court will niethier allow you into the library of the court house or a true hard copy of the local or rules & procedure their seems to be a problem
The Court's local rules usually are posted on the Court's website. Or, you can google it. Regarding why the court would not allow you in the courthouse library, I don't know. Ask them.
The issue in this case was whether the federal immigration laws precluded the Arizona new legislative Bill SB 1070 from enforcement. The district court enjoined four provisions of the Act (and kept the others in place). After appeals from Arizona, the United States Supreme Court answered yes as to provisions 1, 2, 3 and no to Provision 4.
She won’t help People that goes against her “crown” buddies (with all due respect) this is where attorneys “vets” complaints and anything that goes against the highest ranking “crown” memeber will get a denial. There has to be a small demonic gateway for which uses the “devil advocate” site and arguments. This is just truth but she does give a small nugget while hiding the major points 🤦♂️
So when you're found innocent are not guilty are you sitting in jail I don't see a whole lot of court cases using the 8th amendment since an innocent man is not supposed to be in jail
@@advocatelucindamy most attorneys don't put in 8th amendment violation of cruel and unusual punishment when it was not supposed to be in jail losing their job money and thank you
@@dieselforwethepeoplenews6612 the very reason you are “assuming “ and “accusing” is the reason why this country is so messed up. In a kangaroo court you don’t need evidence they can indict a ham sandwich which in the right state of mind is very worrisome. I guess you never saw wrongful convictions or a false/unlawful arrest before.
Im a pro se in a federal case against DEA federal narcotic agents can you tell me were do I send the civil complaint that they are getting sued is it the department of justice ?
This is so good! Im close to being complete with drafting my federal complaint before submitting it to public council for review and feedback. Your channel has really helped me to make my complaint dismissal proof as best as I can. Recently I added a second party as a defendent incase the assignee decides to motion for dismissal for failure to join the creditor in the suit. Your channel has been my number 1 go to throughout the learning process and drafting of my complaint and I truly appreciate you so much!
I'm glad the videos are helpful to you. Hang in there!
As smart as I think I am so grateful for Empoyerment Lawer! What a Gold mine this channel is! Actually explains everything 👍👍👍
Happy to help!
🫡
🏅ThankYou AdvocateLucinda🌹for the
ExcellentContent!
You are welcome!
Before you file your complaint it is VITAL to obtain a default against the other party beforehand. Then youcan file for a default judgement and the other party may not argue the merits of the matter. 👍
Here is the order. A complaint is filed. The opposing side fails to respond to the complaint. The complainant moves for a default and receives a default judgment.
@@advocatelucinda That's the modern day standard way among those who are not aware of obtaining a default before going to court using administrative process.
I am not aware of an old standard in obtaining a default before going to court using administrative process. What administrative process are you referring to and what statute or law are you relying on? Thanks.
A good break down to how to !
Glad it's helpful.
Thanks for the format! I have several parties. However, your video on giving notice to government agencies they are being sued is missing. Where is that? I will keep looking.
I believe this is the video you are referring to:
(Ante Litem Notice) th-cam.com/video/nELi-FJQZSY/w-d-xo.html
Very helpful, Ma'am. Thank you. ❤
Yu are most welcome!
Nice job Professor, thanks for the tutorial.
You are welcome!
Great video, great breakdown. Thank you 🙏🏽💯
You are welcome.
Hello, first I would like to say that I enjoy your videos and the way you speak so calm and clear. Ok so my question is do you have a case that has won a lawsuit against the government agency?
I'm glad the videos are helpful. Regarding your question, can you be more specific? Thank you.
Yes, very helpful. Thank you
You are welcome.
Thank you so much for this video 🙏🏾
You are welcome.
Need credible online law school. Thanks
Start your research through google.
Thank you, for all your help. Do you have a payment link?
You are welcome.
Hi Lucinda, I need credible online law school. Where do I look? Thanks
I don't know of any. Start your research through google. Best.
In your experience does the courts (federal district) uphold equity and the principals of equity in cases regarding trust matters?
I don't know the federal court's historical rulings regarding trust matters.
Love your work. Wish we could meet. Can a guy hire you ?
You can reach me at adjunctlaw@gmail.com
I was not permitted to state my case.... in small claims. Trying to hit me with all their fees....gotta fight to my death now....
Hello, thank you for your videos!
I'm in the process of amending my complaint, do I have to serve defendants again
Since the defendant has been served with the complaint, moving forward, you must put the defendant on notice of each document you file, by sending a copy of the document to the defendant with the attached certificate of service. You will send it to the defendant by mail or efile, if you have access to efiling.
@@advocatelucinda for a foreclosure, in a non-judicial state the property is held in trust, would it be wise to have the trust be the plaintiff and bring forth the action? Also i noticed my defendants where agents of the corporations i dealt with, would i have to put the agent's name or is the corp. name good enough as the defendant?
gratitude!
I recommend that you contact someone who is an expert in or knowledgeable about property foreclosure laws involving a trust. Regarding who you name (I assume you are referring to filing a lawsuit), it would be the defendant(s), the person(s) you are suing. Best.
I have a question. On one of your videos you discuss continuing violation topic. If someone wanted to actually apply it would they wait until there is a motion to dismiss claims that have passed statues of limitations or would they assert the continuing wrong doctrine on the original complaint?
Can you give me the title of that video? I'd need to review it to attempt to answer your question. Thanks.
@@advocatelucinda Hi! The title is, "See How The 300-Day Continuing Violation Doctrine Can Revive A Workplace Harassment Claim." I want to attach claims in a filing and not sure if that is argued in the initial complaint, or do people assert that once a motion to dismiss a time barred claim is put forth.
To pursue an employment discrimination claim under Title VII, including a harassment case, an employee must file a charge of discrimination with the EEOC within either 180 or 300 days of the unlawful employment practice, depending on which state the employee works in. Read the following link: www.forbes.com/sites/ericbachman/2021/04/07/how-the-continuing-violation-doctrine-can-revive-and-strengthen-a-workplace-harassment-case/?sh=6512d5063b1d
@@advocatelucinda Thanks for the reply. I know the information about EEOC, but I was referring to continuing wrong doctrine. When is it used during litigation? When a complaint is filed or when the complaint has been responded for a motion to dismiss due to time limitations? I've googled and saw plenty of people have used it, but haven't seen/found actual court docs to see when it's applied.
Today, I uploaded the following video regarding the continued wrong doctrine. th-cam.com/video/rjR21fENTQA/w-d-xo.html
How do you file for the court to make an agency investigate or arrest someone?
You have to motion the court first to gather evidence through deposition, and file the complaint with the upper chain of command.court don’t investigate and they won’t investigate their own. Remember the municipal court/adjudicator is a employee of the same county and state they are not impartial why cause they work for the STATE of XYZ
Motion in Limine
@@MrProfessional777 I don’t use “motion in limine” a “order to compel/discovery; inter alia” doesn’t restrict as the limine .
Have you filed a lawsuit? A judge would have to have jurisdiction over a case in order to direct someone to do something. In other words, a lawsuit would need to be filed.
Can you please help me, I just got a order of shotgun and have 30days to amend compliant. The attorney is doing exactly what your talking about in these videos
Feel free to contact me for a consultation. My contact information is adjunctlaw@gmail.com
I contact you and it was nothing you could do for me. You just said to hire malpractice attorney.
A malpractice lawsuit is a distinct practice of law and requires an attorney with the requisite expertise.
Denfense attorney filed motion to dismiss in support he used a purchase order that law was changed 4 years prior would that be considered fraud on the court?
Review your facts and determine if they can make out the prima facie elements for fraud on the court.
But courts cant challege a complaint asis v us
As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a court's own motion. A trial court has the power to dismiss an action sua sponte for want of prosecution, or failure to comply with the rules of civil procedure or a court's orders. A court may sua sponte enter a motion to dismiss for want of jurisdiction even though both parties have agreed to appear in the court.
See, e.g., Carlisle v. United States, 517 US 416 (1996) and Trest v. Cain, 522 US 87 (1997).
But when the court will niethier allow you into the library of the court house or a true hard copy of the local or rules & procedure their seems to be a problem
Did u look up asis v us anybody ?
The Court's local rules usually are posted on the Court's website. Or, you can google it. Regarding why the court would not allow you in the courthouse library, I don't know. Ask them.
The issue in this case was whether the federal immigration laws precluded the Arizona new legislative Bill SB 1070 from enforcement. The district court enjoined four provisions of the Act (and kept the others in place). After appeals from Arizona, the United States Supreme Court answered yes as to provisions 1, 2, 3 and no to Provision 4.
I need your help
My contact information is adjunctlaw@gmail.com.
Could we put the 8th amendment if you're not supposed to be in jail that would be cruel punishment
She won’t help People that goes against her “crown” buddies (with all due respect) this is where attorneys “vets” complaints and anything that goes against the highest ranking “crown” memeber will get a denial. There has to be a small demonic gateway for which uses the “devil advocate” site and arguments. This is just truth but she does give a small nugget while hiding the major points 🤦♂️
Hi. I need clarity with your question. Thanks.
So when you're found innocent are not guilty are you sitting in jail I don't see a whole lot of court cases using the 8th amendment since an innocent man is not supposed to be in jail
@@advocatelucindamy most attorneys don't put in 8th amendment violation of cruel and unusual punishment when it was not supposed to be in jail losing their job money and thank you
@@dieselforwethepeoplenews6612 the very reason you are “assuming “ and “accusing” is the reason why this country is so messed up. In a kangaroo court you don’t need evidence they can indict a ham sandwich which in the right state of mind is very worrisome. I guess you never saw wrongful convictions or a false/unlawful arrest before.
Im a pro se in a federal case against DEA federal narcotic agents can you tell me were do I send the civil complaint that they are getting sued is it the department of justice ?
F.R.C.P. 4 Summons sets forth the process on serving the United States. Here is the link: www.law.cornell.edu/rules/frcp/rule_4