As long as you are stating facts and not saying negative things about this person simply because you don’t like them, you cannot be held liable for your reference.

Question: Judge Mathis, my ex-wife is planning on leaving the state with my 6 yr old son. Is there anything I can do to stop her from relocating? My son and I are inseparable when we are together and it would crush the both of us!

The Judge’s Answer: You can file a petition and motion with the court to block the relocation and serve the petition and motion to your ex-wife.

In a civil proceeding, you may file a complaint against a person by using the name that you know the defendant as, or by using the words “unknown defendant” and giving a description of the defendant. You must make sure that the sheriff serves the right person with a copy of your complaint. Once you determine the defendant’s real name, you can substitute the correct name for the name you used.

Question: I was involved with a young lady on a college campus and she accused me of sexually assaulting her. I was investigated and suspended from campus and missed weeks of schoolwork. She spread rumors that I raped her but her stories to the school and the police were completely different. I took and passed a Polygraph test with the police department and the case was closed without charges being filed against me. But the heartache of being accused as a rapist and the rumors that she created against me has been horrible for me! Do I have a legal case against her?

The Judge’s Answer: Yes. You may have a claim against her for malicious prosecution and defamation of character.

It depends on what type of lawsuit you are talking about. In criminal cases, under the “Uniform Act to Secure the Attendance of Witnesses From Without a State,” a judge may sign a certificate telling a judge in another state that the witness is a material and necessary witness. The judge in the state receiving the certificate will order the witness to attend the hearing in the requesting state unless the witness can show that it would be too much of a hardship to travel to the requesting state. The party requesting the witness to testify will be responsible for witness fees. If a person flees a jurisdiction to avoid testifying, the party requesting the testimony of the witness must still go to the judge where the witness is residing to request an order compelling the witness to appear. If the witness has been served with the subpoena before fleeing the state where he is requested to testify, the witness may be held in contempt of court for his failure to abide by the subpoena. In a civil case, the attorneys in the lawsuit can take your deposition in the state where you reside. The transcripts of your deposition can be used as evidence during the trial and your appearance becomes unnecessary. Civil courts have no authority to make people travel from one state to another to attend a civil trial.

You can sue for medical malpractice if your physician’s care deviates from accepted medical standards of care. For example, if your physician misdiagnoses you, fails to diagnose you, makes surgical errors, or fails to provide necessary follow-up treatment, you may have a case.

Question: I pressed charges on someone and have decided that I no longer want to go forth with it. However, I was served with a summons to show up on the person’s court date. What could happen to me if I don’t appear?

The Judge’s Answer: The court can hold you in contempt, order you to appear, or jail you. I would go to the hearing if I were you and inform the prosecutor that you no longer want to proceed with your complaint.

Yes. But it is very difficult to prove. If you kept a good log of whom you talked to, and when, where, and what you showed them, you may be successful. For example, if you had an idea to make a singing pen, and you tell your sister your idea and she actually manufactures the pen before you get a chance to manufacture it, the mere fact that you thought of a product and your sister manufactured it before you did does not make your sister liable to you. However, if you drew up the plans for the design of the pen, showed the designs to your sister and she actually used your design to manufacture your singing pen, she will be liable to you.

Question: If two minors have sex and produce a child, are the parents of the minor male child responsible for the bills that ensue for the birth of the child and the prenatal bills? Both parents were 17 at the time of birth. PLEASE HELP! –the maternal parents do not want to allow me or the baby’s father to see the child without paying!

The Judge’s Answer: Well it depends. In some states, if the minor teenager that is the custodial parent of the child is receiving state assistance, the state in its discretion can make both sets of parents of the teenage minors jointly liable for child support. This could include hospital bills. Normally, grandparents are not legally bound/obligated for the support of their grandchildren. However, the custodial parent has no right to withhold visits because you have not paid hospital bills. Child support and visitation/custody are separate issues and must be dealt with separately in a court of law.

No, it would not. You can serve your former friend wherever she can be found, including at her job.

Question: Judge Mathis, I got food poisoning from a restaurant just over a year ago. It was extremely bad and I had to go to the hospital. I have a copy of the hospital report and the restaurant manager even admitted there had been some issues with that particular location. But the insurance company denied my claim. Do I have a legitimate case and can I still sue the restaurant for damages even though it happened over a year ago?

The Judge’s Answer: Yes. You have 3 years from the date of injury to sue the restaurant.

Yes, if the so-called charity made false statements and based on those statements you decided to make a donation, you can definitely sue them to recoup the money you donated. However, in order to sue the charity, you must locate and serve them with your complaint. If you are unable to find them, you may be able to hire a private investigator to locate the charity. You can only receive a judgment against the so-called charity if you serve them with a copy of your complaint. Some courts allow substitute service and service by publication if the Defendants are evading service. However, you cannot collect on a judgment if you don’t know where the Defendant and the Defendant’s assets are located. If you know the name of the person to whom you gave the money, but the name of the “charity” is factitious, you can sue the actual person to whom you gave the money by naming that person and the name under which he or she was doing business, i.e. the name of the “charity.”

Question: Can I sue someone who co-signed on a car with me and then sold “our” vehicle without my permission and didn’t bother to give me a dime??

The Judge’s Answer: You can file a civil claim against the other owner and ask the court to partition your interest in the vehicle. The court will determine the value of the vehicle and award you a portion of its value.

I would suggest you hire a private investigator who can stake out the bar and see if the culprit returns. You can also try requesting information regarding the culprit from the bartender.

Question: A drunk driver ran a red light and hit me on my birthday in 2012, he was arrested and charged with a DUI. When I tried to recoup my deductible from his insurance carrier, they denied me and closed the case. They said it was his word against mine, even though he had been arrested and the District Attorney’s office pressed criminal charges against him because it wasn’t his first offense as a drunk driver. The insurance company never obtained a copy of the police report and told me that even though he was drunk, it doesn’t mean that he caused the accident. Do you think I have a case?

The Judge’s Answer: Yes. However, you must sue the driver not the insurance company. The driver is liable to you for all the damages you sustained.

You must file a request with the court to have the fees waived. The judge will look at your income, assets and liabilities to determine whether or not you qualify for a fee waiver. Different courts refer to this in a variety of ways. For example, this can be referred to as any one of the following: a Motion to Waive Deposit, an Affidavit of Indigency, a Motion to Proceed Informa Pauperis, an Affidavit of Inability to Pay Filing Fees, a Request to Waive Court Fees, or an Application to Sue or Defend as an Indigent Person.

Question: Can you get a divorce if the other party wont sign the divorce papers? And what are the grounds for common law marriage if the other person is married?

The Judge’s Answer: You can divorce if the other person won’t sign the marital settlement agreement. You and your ex can’t agree on the terms for divorce, the court will have a trial, divide the marital property and debt, and ultimately grant the divorce. The grounds for divorce are adultery, cruel treatment, abandonment, felony conviction, living apart for 3 years, mental illness. You may also get a divorce if “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” If one party is married, he or she cannot form a common law marriage with a third party.

A class action lawsuit is one that allows a large number of people with a common interest in a matter to sue or be sued as a group. However, if you don’t want to sue with the group, you can let the judge know and initiate your own case. For example, if the phone company overcharged its customers, all customers who were overcharged will be included in a lawsuit and have an opportunity to share in any award granted by the judge. If a customer wanted to initiate his or her own lawsuit separate from the class, he/she would have an opportunity to let the judge know that he/she does not want to be a part of the class action case.