Friday, January 31, 2014
My father has been getting scammed from someone in South Africa. He was recently diagnosed with cancer and only has a few months to live I ...
My father has been getting scammed from someone in South Africa. He was recently diagnosed with cancer and only has a few months to live; I am his power of attorney and he wants to amend his will to leave belongings to this scam artist (who he doesn't think is actually a scam artist), can we stop this from happening?
Answer
Yes. Visit with an attorney who specializes in guardianships and conservatorships. You can file a petition with the Court and if granted can stop the foolishness. Also consider reporting the con-artist to local authorities.
Tuesday, January 28, 2014
I have three kids that I dont have custody of because after the divorce I left state to be with family and dint go to court. My ex wife was ...
I have three kids that I dont have custody of because after the divorce I left state to be with family and dint go to court. My ex wife was awarded full custody of our kids and at the time was living with her parents. A little time passed and she left to live on the streets and do meth. This was 4 years ago. I visit and take the kids here and there, support the grandparents, but we have done nothing through the courts because I dont want to stir the pot and create drama. Recently I moved out of state for work and my 14 year old child has stated she wants to live with me. She has been at her aunts house for the last year and is miserable. What are my rights? I cannot go back to that state for court, but if she just runs away and comes to my home and lives with me for 6 months can I file for something here? Her mother is the only one on the court papers with authority to take it up with the courts there, and I highly doubt that she would go any where near the cops or the courts, but the grandparents, or aunt might try. Do they have any rights? Do I have more right as the father to have my child than they do, even if she was living there? Can anyone help? They are in Arizona, I am in Florida.
Answer
So you abandoned your children to their fate and left them behind, not going to them even when you learned their mother wasn't caring for them, and you still don't want custody of them? Of course your daughter is miserable after the way her parents have treated her. I don't know what rights the relatives may have established with regard to your children, but thank goodness they've done something because, without them, your children may have starved. Go to Arizona, get a lawyer, get custody of your children, man up, and take care of them.
Answer
Any kind of action you need to take has to be in AZ, FL has no jurisdiction.
Answer
In order to save your children. You will have to go to Arizona and hire a lawyer there.
Who is the richest real housewife of new york?
Jill Zarin. Shes reported to have a worth of 35 million.
can a apartment complex leagally make you move without serving papers
can a apartment complex leagally make you move without serving papers
Answer
In order for a residential apartment to evict soemone, it must provide a written demand for possession and then file a dispossessory action in the local court. And the tenant must be served with the papers. However, service is usually done via "tack and mail" whereby the Marshall tacks a copy on the door and mails a copy. This is considered sufficient service.
I recently had a house fire. I have a boyfriend who lives with me and was told none of his property is covered because he is not on the home...
I recently had a house fire. I have a boyfriend who lives with me and was told none of his property is covered because he is not on the homeowners policy is this accurate? And secondly since he has nothing to do with the policy can I hire him to pack and move things that are not destroyed? Should I hire a lawyer to help me settle the claim because I believe they are snowballing the estimates for repair thank you
Answer
It may be correct that your boyfriend's property is not covered. Only a reading of the policy will tell. It is best to hire an independent person to move things rather than your boyfriend. IT wouldn't hurt to have an attorney review your situation, especially the policy language, to see if you are being treated fairly.
I work for a company for 11 yrs and quit to go to a competing company and worked there for 3 years, I dont like the new company so when a jo...
I work for a company for 11 yrs and quit to go to a competing company and worked there for 3 years, I dont like the new company so when a job came up at the old company I put in my application. On the app site it states "only those with experience will be interviewed" I have 14 yrs of experience on the job and I am a certified journeyman for the job. I never got an interview but many people off the street that have no prier experience did. My question is, isn't that discrimination? Is there anything I can do about it?
Answer
Short answer is no. They can hire anyone they choose for any reason, good reason or no reason at all.
What are the entertainment jobs on car town streets?
Car museum
i have aproperty for sale/binder on it / building was inspected and passed / co issued / appraised out / buyer was approved for money / all ...
i have aproperty for sale/binder on it / building was inspected and passed / co issued / appraised out / buyer was approved for money / all paper work on my side done / its 10 weeks today and i cannot get a close date can i offer one ?
Answer
That should be in the Contract of Sale. What does your attorney say?
Answer
You need to send a time of the essence letter. Your attorney should have done that. Do you need an attorney to help you?
Monday, January 27, 2014
I am the father of two girls (17 14). I have been divorced for around 8 years. She got full custody. Very shortly after, she wanted to mov...
I am the father of two girls (17 & 14). I have been divorced for around 8 years. She got full custody. Very shortly after, she wanted to move out of state. At that time, I was in a bad emotional state, and sighed something that allowed her to do that. I was told, that she would have eventually been able to do that anyway. I have been paying around $500+ total, when I have been working. I have racked up around $15000 in back child support. My new job, they are taking over 50% out.
This is my question. Do I have any legal maneuvering, due to the fact, that I have only seen my daughters 3 times in 8 years, have not gotten any school pictures, have not been informed when they have moved, 2 times. I got there address from relatives. My oldest daughter went out of the country for a missions trip, and I was never informed of where she went, or that she was even out of the country. My ex, has what I would call domestic abuse, emotional abuse, games, mentality. Do I have any recourse?
Answer
Can't do anything about child support that you owe unless ex agrees to a satisfaction of judgment. You should insist that ex follows court order as far as relocation, visitation, etc. A lawyer could help with that and explore whether to file a motion for enforcement of parenting time. Such a motion could get you some relief but there could be issues of jurisdiction. I suggest you sit down with a lawyer to discuss all options.
My older brother (72) is in a nursing home, suffering from Parkinson's and diabetes, among other health issues. His stepson is his POA. My y...
My older brother (72) is in a nursing home, suffering from Parkinson's and diabetes, among other health issues. His stepson is his POA. My younger brother and I are not sure the stepson is truly looking out for our brother's best interests. What if any recourse do we have to force stepson to live up to the spirit of the Power of Attorney document?
Answer
If your brother is mentally sound, he can revoke the POA, change the person designated on
the POA as his attorney-in-fact, or add another person as his authorized agent to perform
specified actions. If your brother lack mental soundness and has no guardian appointed by
a court, he cannot change the POA. His stepson has a legal responsibility to discharge his
duties and fiduciary responsibilities consistent with the POA in the best interests of your
brother. You can remind him of the responsibility; if he refuses to cooperate, you can inform
the nursing home or primary care provider. If his stepson is also his health care surrogate, the primary care provider can designate a different person. If you consider the stepson to be seriously irresponsible and your brother lacks mental soundness, you could ask a probate court to appoint a guardian. Such situations are difficult to handle.
Is it illegal for Starbucks to deny a paying customer free tap water in the state of California?
Is it illegal for Starbucks to deny a paying customer free tap water in the state of California?
Answer
There does not appear to be any law requiring any restaurant to provide free tap water to customers. It is often a courtesy to customers, and most of the Starbucks I have been to do provide free water, as do most restaurants. However, because of the cost of cups, and ice/water, some charge a small fee.
We have been paying the mortgage direct to bank in full for the past 10 years in my fathers owned home we reside in CA. He has told us that ...
We have been paying the mortgage direct to bank in full for the past 10 years in my fathers owned home we reside in CA. He has told us that he will be raising the amount he wants from us from 1K to 2300/mo. Is it legal for him to raise it that much?
Answer
Your post is confusing. How can your father raise the amount you pay monthly on the mortgage (which is a misnomer, because the instrument is actually a deed of trust), unless he is the lender? But you use the word bank, which does not make sense. Are you asking whether your father can increase your rent?
Answer
Is it legal for him to raise it...
Yes, with some limitations.
If you have in force a written lease, those terms define how and when monthly payment can be increased. Seems you don't.
If you are month to month tenants, with or without written agreement, he has to give you at least 30 day prior notice of rent increase, then if you don't agree and pay, he can start eviction proceedings.
I suggest you negotiate settlement and get a written lease agreement. Otherwise immediately look for alternative lodging.
What Dominic Toretto drives what two kinds of cars?
Chevrolet Chevelle SS and Dodge Charger R/T
Where can you find information about truck driver jobs?
You can find information about truck driving jobs on the net and on appropriate sites. just look and find out and stop with the silly questions. sound good?
I would like to work on creating a piece of open source software for interconnection between a computer or other device and a proprietary pi...
I would like to work on creating a piece of open source software for interconnection between a computer or other device and a proprietary piece of hardware.
The work involves intercepting and reading communication traffic between the software that comes with the hardware and the hardware. This communication traffic is done unencrypted over the network and can theoretically be done over the internet.
the results will allow someone to connect without a password to the hardware due to a security design flaw in the hardware, although my intent has nothing to do with that.
Can I create this software, publish it and it's source code, and / or publish documentation on the communication protocol for the hardware?
Answer
There are a number of considerations to think through as I see it based solely on your brief narrative and objectives and no one can be in a position to offer any meaningful advice without all the necessary details.
I strongly suggest that you consult with counsel before jumping in. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Hello, I recently was terminated from employment while on probationary status. The probationary status was established upon misrepresented f...
Hello, I recently was terminated from employment while on probationary status. The probationary status was established upon misrepresented facts about my performance that can clearly and easily be proven false by computer logs of activity. My manager signed the agreement and I signed the agreement. Do I have grounds to call for voiding the probation on the basis of misrepresentation?
Answer
Probably not. You are presumably an at-will employee, and can be fired for any reason, at any time. Unless you think your termination was motivated by discriminatory animus, there is no case.
I need some legal direction. The neighbor across the street from my driveway where I own land complained that the pipe that goes under my gr...
I need some legal direction. The neighbor across the street from my driveway where I own land complained that the pipe that goes under my gravel driveway to allow rainwater to proceed through the ditch on the side of the road (someone had paved the gravel road after we had purchased the land, resulting in increased runoff) had become blocked with small rocks and threatened to overflow and run down her driveway toward her house on a downslope, which she built long after we had put in our driveway. I had told another neighbor that I would take a look at it when I returned at Thanksgiving, but didn't have the money at that point. He apparently shared this with her, along with my home phone number and address. She left a message on my phone telling me I had to fix it. I didn't return the call, because I know she tried to bully me through a lawyer on an easement she had no right to years ago. Then she sent me a letter, telling me she had notified the county and would fix the culvert and expected me to pay for it. I didn't respond to that, either, thinking that if the county felt I was responsible, they would notify me and I would have a hearing of some sort. She went ahead, without my permission, and had it engineered and repaired. Today I received a certified letter with a bill for $3,650.00 that she is demanding I pay in two weeks or she will take "legal action."
I've never been involved in a legal conflict before, but this seems wrong to me. Even if it was my responsibility to fix, I could have had friends do it for the price of the pipe. I have my own backhoe. But I needed to see it first and I live 350 miles away. Still, can someone take action like this and just send you the bill and make you pay?
Answer
It is impossible to say with a high degree of certainty what the outcome would be of the threatened "legal action." Presumably, the neighbor is threatening to take you to Small Claims Court if you don't pay the bill. On the one hand, the court is rather likely to deny her any recovery, because it was she, not you, who ordered the work and incurred the expense. On the other hand, you may have a legal duty to prevent harm from artificially-concentrated water run-off. An owner threatened by the possibility of future water run-off damage may, in some cases, take preventive action that involves some minimal trespass or may incur expense and expect to be reimbursed. Such cases, when won by the threatened neighbor, generally require a fairly high degree of potential harm and/or a very real possibility that the feared disaster may occur.
Another problem in giving you reliable advice is that small-claims judges are unpredictable and may not have a full grasp of the cases allowing self help at the neighbor's expense, plus, you are far away and making an appearance in the local court will be a nuisance.
Further complicating giving you reliable advice is the fact that I don't know anything about the physical lay-out at the scene of the culvert-pipe project, nor what evidence there may be of the before-and-after appearance of the site. Maybe she has photos that show a completely blocked and possibly inadequate-diameter culvert. Maybe she has expert testimony from hydrologists and contractors. Or, she may have zip.
Finally, I don't know whether or to what extent you are inclined to fight her, versus negotiating a settlement or just caving in and paying the bill. If I were in your situation, and if the facts were as I imagine them most likely to be, I think I'd tell her to pay her own bill, and furthermore, to quit trespassing on my property. However, this is kind of a 51% - 49% decision, and tiny differences could tip the scales.
I need advice for my parent's. There 80yrs old worked up til last yr.(employer closed)so there only income is SS. the credit card Co's a...
I need advice for my parent's. There 80yrs old & worked up til last yr.(employer closed)so there only income is SS. & the credit card Co's are killing them. They have a home(with a reverse morgage) & struggle just to pay house exp's. They alway's had great credit & the card co's kept raising there limit's plus % rates. They just can't pay them. My ? is, should I make them file for bankrucy? & what would you suggest? There's no way there able to pay off there credit card's. they have no assets',no pension..
Answer
Considering their age and source of income, they are probably what we could call "judgment proof". That is, a creditor could probably get a judgment, but would never be able to collect. On the other hand, a bankruptcy case would stop creditors from harassing them. This is an unfortunate but fairly common situation. Consult an experienced bankruptcy lawyer; do NOT file a bankruptcy case without one because a mistake could have devastating consequences!
Answer
Attorney Baker is correct: do NOT file bankruptcy without an experienced bankruptcy lawyer!
That having been said, consultations are free. It is best for the three of you to meet with a bankruptcy attorney who can tell you if bankruptcy is right for them. You can visit Bankruptcy Lawyer in Boston to schedule an appointment.
The sooner you consult, the better. There are usually some preparatory steps to consider before you file, so you should meet asap to get information.
If one spouse files chapter 7 BK, and the other does NOT, what happens to the equity in the marital home?
If one spouse files chapter 7 BK, and the other does NOT, what happens to the equity in the marital home?
Answer
The trustee can sell the interests of both spouses (subject to any exemptions) if (a) it is not held as tenants by the entireties, or (b) there is any joint unsecured debt. The non-filing spouse's equity, after paying joint debt, is paid back to that spouse.
Sunday, January 26, 2014
My ex and I currently have 50/50 custody. (He has the children Saturday, Sunday) There are times he doesn't pick up the children. He agreed ...
My ex and I currently have 50/50 custody. (He has the children Saturday, Sunday) There are times he doesn't pick up the children. He agreed in the beginning to help with the cost of food and insurance. Now he refuses outright to pay because he has 50/50 custody on paper. He will occasionally deposit money into my daughters account but that does nothing for my son. Do I have a case for child support? How do I prove I have the children 80% of the time? I'm unsure of his current income level.
Answer
When you say 50/59 custody is that joint physical or joint legal custody. It really makes a difference. If the agreements you talk about are not in your order, they mean nothing.
You might be entitled to child support but you will do a modification order. You should see an attorney about this.
Answer
The description of your situation suggests that you don't have any orders for custody visitation or support. You would benefit greatly from getting specific court orders covering those areas so you can be certain on parenting timeshare and the financial needs affecting your daughter.
Hi, I would like to ask. I went on web page xxxxxcountycriminal.com, where you can search your specific person criminal history. (as you kno...
Hi, I would like to ask. I went on web page xxxxxcountycriminal.com, where you can search your specific person criminal history. (as you know) The answer was: "0 criminal record(s) found, containing 0 offense record(s)" Question is: if there is any pending case or warrant on this person, would that be showing on this record? If there is any pending case, how can I find out. Thank you for your time
Answer
I'm unsure of that website. The link doesn't work
Who is the actress that plays Tee Tee's girlfriend on The Game?
Andy Allo
if my lease is up in a property that is going through foreclosure and I am not paying rent to landlord, do I have to move as per furnishing ...
if my lease is up in a property that is going through foreclosure and I am not paying rent to landlord, do I have to move as per furnishing me a "non renewal of lease notice".
The landlord said he can not take rent from me do to the foreclosure process and can not renew a lease because during my lease term he started the foreclosure process.
Therefore legally he can not renew a lease and has to have me vacate because he is still the rightful owner and has the legal resposibilites to the property.
Therefore I must leave asap pursuant to his legal letter that he hand delivered and sent certified mail.
Is this true or can I stay in this property indefintily until the foreclosure is fianalized, I was told I could from a friend and I do not have to pay rent. Is that true?
Answer
There is a serious misunderstanding on your landlord/owners rights while his property is in foreclosure. That being said, if your lease is up, no landlord has to renew, no matter what his reasons.
No you CANNOT just stay and not pay rent and probably will be evicted from the property if you stay in the property past your lease and or are not paying rent. Your owner/landlord owns the property and can collect rents from any tenant until the court issues new title to someone else. Then the new owners (the bank) can remove you as a unlawful detainee, if you have no valid lease. You would have to receive a three day notice to pay or leave, or just leave in the case of the expired lease, first. Then you will be served with a five day summons and then the Court would issue if no proper answer was filed, a 24 hour writ of possession.
If your landlord doesn't want you to stay, I would move. Good Luck!
I have been summoned to file an answer or appear in person in regards to a rental purchase agreement. I am wanting my account information so...
I have been summoned to file an answer or appear in person in regards to a rental purchase agreement. I am wanting my account information so that I may prepare for court. Information like how much of my payments were applied to the principle and what the balance of the account is, minus the added fees placed by the rental company. Do I ask the company for this information or the lawyer handling the account, and do they have to give me this information.
Answer
You can certainly ask the rental company for that information. They should supply it to you voluntarily, though they may not want to because of the lawsuit. If you are unable to get it from them directly, you may have to issue discovery. This is a complicated process and I suggest you have an attorney represent you for it.
The father of my son does not pay child support. Never has. He left the military last year after almost 20 years of service. So, does my son...
The father of my son does not pay child support. Never has. He left the military last year after almost 20 years of service. So, does my son have the right to a military university scholarship?
Answer
It depends on the rules in effect when he applies.
Is wrongful termination by retaliation for whistleblower and age discrimination an intentional tort case?
Is wrongful termination by retaliation for whistleblower and age discrimination an intentional tort case?
Answer
No, not as far as I am aware.
I believe a wrongful termination suit in NJ must be filed within 2 years. Is there any way that it is extended due to extenuating circumstan...
I believe a wrongful termination suit in NJ must be filed within 2 years. Is there any way that it is extended due to extenuating circumstances?
Answer
You are partially correct, however, you may be better served if you were to file a complaint with the EEOC within 300 days of the alleged discriminatory conduct. Finally, you should look at the types of discrimination covered by the EEOC and the NJ Laws Against Discrimination. A lawsuit claiming wrongful termination that is not predicated on races, disability, sex, national origin or improper uses of genetic information, or a breach of contract is very likely to be promptly dismissed by the Court.
What do both Winnie and the constable both have in common in Tuck Everlasting?
They both want to get their own ways and want justice...the constable more than Winnie, though.
Can an estate close in NJ with an accounting and refunding bonds? In other words, no release.
Can an estate close in NJ with an accounting and refunding bonds? In other words, no release.
Answer
It's to the personal representative's benefit to receive a release, which is generally a part of the refunding agreement. Without it, if the accounting was informal, beneficiaries may go after the personal representative for alleged deficiencies. The personal representative should go through a formal accounting and obtain court approval in order to be best protected.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Answer
I agree with Miriam. The Release acts as an indemnification to the Executor or Administrator and assures no further claim would be made. Further, should it turn out that the Executor has underpaid or underestimated what bills need to be paid, the recipient agrees to retrun his/her share of the shortfall. This protects the Executor.
Answer
No. Go see a lawyer and get some help. This can cost you a huge amount of headache and money, if you get sued.
my dog bit (small bite) a neighbor. This neighbor called animal control, there was a hearing and at the hearing they proposed and suggested ...
my dog bit (small bite) a neighbor. This neighbor called animal control, there was a hearing and at the hearing they proposed and suggested euthanasia. The dog was in quarantine (at home) from the day of the bite and still is as today. Our dog is not a bad dog, we have a 3 years old son and he is incredible great with him, but he had this lapses and now they want to kill him . We suggested to them to take the dog to the breeders (they live in a different State) but they did not even consider it.
What would the consequences be if I just take the dog out of State to this breeder without permission?
I want to appeal their decision but they told me that they do not allow appeals, that i would need to take it to court.
What would the cost of taking it to court would be?
Do i need a lawyer?
I am in Johnson county, IOWA.
thank you so much
Answer
Well, you figure an attorney is going to cost you anywhere from $125 per hour on up, cash up front. If you can do that, by all means hire an attorney. If the dog is in quarantine I don't know how you'd get it out of quarantine legally, and spiriting the dog across state lines contrary to quarantine law would not endear you to the authorities and might make more trouble for you.
Can child support be reduce if your under bankruptcy
Can child support be reduce if your under bankruptcy
Answer
The filing of a bankruptcy petition is not (in and of itself) grounds for a reduction in child support.
Answer
Child support is determined by taking a fixed percentage of your net resources. This is usually your salary. If your salary changes, your net resources change. You can file a motion to modify your child support obligation by showing the court that your net resources have changed.
A filed bankruptcy petition is evidence that could support that contention. Before filing the motion to modify, discuss it with your bankruptcy attorney. It may be necessary to file a motion to lift the automatic stay to permit the filing of the motion to modify.
i whant now how old do u have to be to do internship im 13 i want become criminal defense attorney
i whant now how old do u have to be to do internship im 13 i want become criminal defense attorney
Answer
Most attorneys select interns from college or law school. However 14 year olds, via scouting, can participate in Georgia Legal Exploer posts. http://www.georgiaexplorers.com/ is the website to check. The L.E.E.A.G. was created to network all of the Explorer posts of Georgia. Law enforcement exploring was designed for young adults interested in law
enforcement. This program gives young people, ages 14-21 the chance to explore a
career in law enforcement or simply learn more about the job. Exploring is run by
Learning for Life (LFL), a branch of the Boy Scouts of America (BSA). They also
sponsor Exploring in other careers, such as law, fire, medicine, aviation, and science.
my neighbors failed to dispose of an abandon nest when their homing pigeons disapeared causing a mass migration of bird mites and ticks into...
my neighbors failed to dispose of an abandon nest when their homing pigeons disapeared causing a mass migration of bird mites and ticks into our home resulting in damages to to our house vet bills for our pets And medications for us along with vists to the ER FOR ME all flooring and walls ruined We were displaced and home is unliveable. Going into month 4 now. What is proper recourse?
Answer
Contact your insurance company and put in a claim.
You should also put in a claim on the neighbor's insurance company as well.
Depending on what happens with that, you may need to see a real estate attorney for a possible lawsuit.
Can you do your own bankruptcy on your credit car if you own your home(there is still a mortgage on it) and a old truck? There are no other ...
Can you do your own bankruptcy on your credit car if you own your home(there is still a mortgage on it) and a old truck? There are no other assets. I lost my job and have no money.
Answer
The filing fee is $306, but you might be able to get that waived by the bankruptcy court. It really is a complicated process which you should probably not attempt on your own.
Is it illegal for a 18 year to date a 13 year old?
Is it illegal for a 18 year to date a 13 year old?
Answer
No.
It is illegal for an 18-year-old to have sex with a 13-year-old.
Housing management in the mobile home complex sent me a notice for damages to the new paved street that was done. The day that the pavement ...
Housing management in the mobile home complex sent me a notice for damages to the new paved street that was done. The day that the pavement was done, I was seen leaving the neighborhood in my car. Today, they sent me a letter saying that there were damages done but provided no proof. The repairs that I saw done on my street did not even lead to my house. Do I have to pay them for the damages if they have no proof? They are threatening eviction.
Answer
Arrange to meet with the management staff and explain your whereabouts. Also ask them to document the reasons they believe that you caused the alleged damage. If you are dissatisfied with the results of the meeting, you should contact an attorney to assist you in negotiating a resolution or alternatively taking the matter to mediation.
I had an attorney that I corresponded mostly by email. I no longer have that attorney, but another one. I was just informed by the new attor...
I had an attorney that I corresponded mostly by email. I no longer have that attorney, but another one. I was just informed by the new attorney none of the critical paperwork for my case against my soon to be ex was entered into evidence. I however have emails that show it was sent to the lawyer well before the deadline. This paperwork is my response to his claims, my claims, my witness list, and electronic posts that show his irresponsibility in caring for our child. Is there away to get this information entered in after the deadline.
Answer
It depends on exactly what documents were missed, and to be honest, the Court's procedure and understanding. Your new attorney should be able to advise you of the next step, and the likely result. Good luck.
Saturday, January 25, 2014
My question is can my wife file a voluntary petition to try to stop foreclosure on house even though both our names are on mortage. In other...
My question is can my wife file a voluntary petition to try to stop foreclosure on house even though both our names are on mortage. In other words can just one spouse file. and the trustee not go after the other spouse
Answer
Yes - of course, there should be a longer term plan as to how the keep the house if that is the goal.
Answer
Generally yes, but there needs to be a long term plan to prevent problems with the home for both spouses. A lawyer needs to decide the tactical advantages and disasvantages of a joint or individual filing.
How can a father gain custody?
How can a father gain custody?
Answer
Make a motion. You can either retain an attorney or you can get help from the family court facilitator at the Superior Court.
Answer
Presuming you are already involved in some type of family law matter (i.e. a dissolution, paternity matter, etc.), you may be able to file what is called a Request for Order. This is a motion before the family court that requests that said court make new orders, or modify existing orders, regarding such issues as custody, visitation, child support and others.
Please be advised that the court will grant or deny a request to establish or modify an order based on evidence that you present to the court. This evidence can be in the form of testimony, sworn fact declarations, or other documents, etc. that will serve to convince the court of your (as the moving party) position. It's important for you to know that the court has rules with regard to what evidence it will allow and how it will allow to be presented at the time of the motion hearing.
Knowing the procedure on how to file said Request for Order and how to handle the motion hearing is very important in setting up your motion for greater success before the court. A competent, experienced attorney in the area of family law can orient you in this regard. If you interested in an attorney that will provide you with the personal attention you need in handling your particular family law matter, give our office a call for a no-obligation consultation at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.
I was in a relationship with someone for 5 years, I had 3 children previous to meeting him and we share 1 child together. For 3 years we liv...
I was in a relationship with someone for 5 years, I had 3 children previous to meeting him and we share 1 child together. For 3 years we lived together and functioned as a family. He supported us as if we were married. When we split up, the home we lived in was in his name...but we chose it together. He gave me the option of moving out, or paying him $1000 in rent per month to stay. (Which was almost $200 more than the mortgage). Less than a year later I became overwhelmed with the financial problems of being a single mom of 4 and asked if he could help me out at all. He refused and asked me to take all 4 kids and move out. I am now living with my parents and can not afford on my own to purchase or rent a new home. I was told that he had to let me stay in that home for a certain amount of time because we had a child together, is this true?
Answer
No, not true. He only owes support for the one kid.
What is line between civil trademark infringement versus criminal?Is is that counterfeiting is criminal whereby infringement alone is only c...
What is line between civil trademark infringement versus criminal?
Is is that counterfeiting is criminal whereby infringement alone is only civil?
Would this be an example of counterfeiting? Someone who without permission, sells Gucci bags, that have Gucci trademarks and use the Gucci name, tags, etc.
I assume that if this is counterfeiting, and the police can arrest the person.
If the bags were Gucci-style but without the Gucci trademark, name, tags, etc. then I assume the person may be infringing trademark rights and civilly liable but not criminally. Is this view correct?
Thanks for the help
Answer
No. There is no bright line. In the vast majority of cases, criminal liability will not apply, but that is not to say that it cannot apply. Only that law enforcement will have to have a good reason to get involved. Counterfeiting is a form of trademark infringement and while I am not on the criminal side of this practice, I also assume is a crime under federal statute.
The bottom line is that if you make a big enough splash you will attract the sharks. You should consult a lawyer in private and flesh out your objectives. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
My spouse and I have beenapart,but,not divorced yet.I am working,my spouse is on disability. I have 1 child with me.My spouse has our other ...
My spouse and I have beenapart,but,not divorced yet.I am working,my spouse is on disability. I have 1 child with me.My spouse has our other child. I pay support according to NYS guidelines for the child with him,minus medical,dental and phone costs which I pay 100% for our children. I feel since I have 1 child and my spouse the other child,it should be "a wash" and I do not have to continue to give support money since my spouse does not give me any money for the child I have in custody. Our child that is with me also has several medical bills that my spouse does not give money for. Can you please advise if I am correct or not that I feel I should not have t pay support money? Thank you.
Answer
You will each have to pay 17% of your adjusted gross income to the other, in addition to a pro rated amount of the children's out-of-pocket health related expenses according to your respective incomes.
Can the court set up a settlement meeting between defendant and prosecutor before asking how defendant wants to be represented?
Can the court set up a settlement meeting between defendant and prosecutor before asking how defendant wants to be represented?
Answer
There is usually a pretrial conference where plea offers and proposed resolutions are discussed. If you want to request to be represented by a court-appointed lawyer thstvrequest has to be made to the judge, usually at arraignment,
I am a selling my house on my own in Lowell MA.I am looking for a real estate attorney that can assist me,preferably flat fee. In need of pa...
I am a selling my house on my own in Lowell MA.I am looking for a real estate attorney that can assist me,preferably flat fee. In need of paperwork supplied by attorney,offer to purchase and purchase and sale agreement ,of which I will need reviewed by attorney when buyer signs.Also possibly need attorney to come to closing with me at Registry of deeds in Lowell Can anyone recommend an attorney that can assist me with this process? Thanks for your time
Answer
Hello -- My name is Steve Allen and I am a Real Estate Attorney based out of Framingham, specializing in residential real estate transactions. When representing a Seller, I draft and negotiate the Purchase and Sale agreement, and draft the Deed (and usually a power of attorney) and attend closing for or with my clients.
Please email [email protected]/* */ for more information, including my flat fee rate. Thanks.
Answer
You can contact our office in Chelmsford (25 Fletcher Street). We handle numerous real estate transactions and have the capability to file documents with the Registry of Deeds directly from our office. [email protected]/* */
Answer
Most attorneys who act as Seller's counsel will should be willing to do it for a flat fee baring unusual circumstances such as needing to clear title due to a missing discharge of a prior mortgage. If you purchased owner's title insurance when you bought the property, it can be used to cover the cost of any missing discharges prior to purchase of the home.
I am located in Boston and would be willing to act your attorney for a flat fee. Other than reviewing a P&S and the offer agreement, the only other essential requirement is that he prepare a deed for you to sign and hold any escrowed funds for the sale.
Feel free to call me at 617.406.4500 or email me at [email protected]/* */
I was divorced 5 years ago in Minnesota. I have lived in California since then. I did not change my name at the time of divorce, but want to...
I was divorced 5 years ago in Minnesota. I have lived in California since then. I did not change my name at the time of divorce, but want to now. Can I use form FL-395 to change my name, or do I need other forms for filing in California when divorced in another state?
Answer
The FL-395 is for an existing case in California. You need to either change your name in Minnesota, or file a petition for a name change here in California.
If a Yamaha 350 big bear has no spark and everything is tested is okay could it still be cdi box?
I would replace stator. I have had this problem twice on my big bear, I checked everything and even replaced coil and cdi box and it was the stator both times. First i had weak spark and replaced it and the second time i had no spark. I would look on ebay, they are usually about $140 dollars. Also make sure u get a new gasket.
Gay HusbandCan I sue my ex-husband for fraud after 20 years of marriage now that he has come out of the closet and admitted he is gay ??...
Gay Husband
Can I sue my ex-husband for fraud after 20 years of marriage now that he has come out of the closet and admitted he is gay ??
Answer
Re: Gay Husband
No.
I have an Insurance Brokerage, I have a Agent that has left our Agency under false staement,That Agent has copied Existing Client base to so...
I have an Insurance Brokerage, I have a Agent that has left our Agency under false staement,
That Agent has copied Existing Client base to solicit under new Agency as incentive to get hired.
Our system is a closed system and information can only be used for the intent of Customer service
and sales thru our agency codes and passwords on software that is leased and paid for by Us.
How do I stop this action legally, The intent of the Agent is clearly to Steal from one who supplied the very means and markets and responsibilities for one to solicit exclusively for our own growth and Service.
What options do I have to my clients and my employees to protect the information which we are
respectivly trusted to secure and not solicited from someone who is no longer in our employment.
Answer
Stop him? With a restraining order as part of a lawsuit for various causes of action including breach of agreement, and unfair competition. If serious about pursuing this, feel free to contact me.
My 18 yo son wants to attend a party where there will be alcohol and underage drinking. He is not going to drink, but wants to look out for ...
My 18 yo son wants to attend a party where there will be alcohol and underage drinking. He is not going to drink, but wants to look out for a friend that may. If there are high school kids under 18yo, could he get in trouble for being there if the party is busted? I think he can as an adult, but he doesn't think he can legally get in trouble as long as he isn't providing anyone with alcohol. This is in Virginia.
Answer
Well, yes, but your son may have some difficulty in convincing these cops
that he has had nothing whatsoever to do with supplying these "underagers" with
the copious quantities of booze found on the premises, but, nevertheless, might
still find himself charged with contributing to the delinquency of minor(s), and who knows what else?
If a corporation is incorporated in Delaware, has its main office in New York, and does business in California, but its president lives in C...
If a corporation is incorporated in Delaware, has its main office in New York, and does business in California, but its president lives in Connecticut, in which state(s) can it be sued?
Answer
Delaware New York and California. It may be sued in Connecticut if it does substantial business in Connecticut.
Answer
You can be sued in any state including where the plaintiff is located. If it turns out that there is no jurisdiction in the court where the action is filed it may be dismissed or perhaps removed to another court but this is an action the defendant needs to take.
I'm not sure what's motivating this question, but you may want to discuss with a lawyer in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I'm my mom's POA. She has farm land that is to be left to me...what I need to know is can I get it put in my name in case I need to put her ...
I'm my mom's POA. She has farm land that is to be left to me...what I need to know is can I get it put in my name in case I need to put her in a nursing home??
Answer
You need some attorney assistance. A POA is not a will and is not a trust. If your mom requires nursing home admission and any transfer to you is less than 5 years prior to need for public assistance and the "price" paid is less than fair market, the farm land "conveyance" to you could be undone, or your could become liable for its value. See an elder law attorney. Soon.
Answer
The consequences to these kinds of decisions can be significant. You need to consider look-back periods, income tax ramifications, gift tax ramifications, exposure of the property to creditors, why this is in a POA, ... Meet with an attorney in your area.
what course can i do to remove points, my ticket, as well not have to pay?officer has informed me you can do this once a year, plus this was...
what course can i do to remove points, my ticket, as well not have to pay?
officer has informed me you can do this once a year, plus this was my first offence.
Answer
You can elect to take a defensive driving course which is 4 hours long, and tell the court this. You will then not receive points, but make sure it is a ticket that it is eligible to do this on.
Where did Italian art start?
Italian art started in Florence , Italy (or so said) right about after the middle ages. It started because of the Italian Renaissance(the beginning of capturing the realistic features of life)
How much does Anna popplewell weigh?
Anna Poppelwell is almost 5'4 ( 5'3 1/2). According to several different websites, her weight is unknown, yet thought to be between 115 and 125.
What was the first vehicle registration number issued in Scotland?
eh loser yo muggins
Why did they stop making George Lopez episodes?
i have actually searched for the answer it is because abc primetime president said that the show was not making enough money to be supported any more. George Lopez complained straight days and is blamed on race(i go with both and American people or people who did not like the show think it was not on race). In my opinion i thi9nk George Lopez is correct and the show series ended on May 7 2007 and they are not going to put george Lopez on the air again because he is permanently cancelled if you are older than 18 he is having a new show called Tall, Dark and Chicano on January and February 2009
In my opinion i think they shouldve at lest had ceremony to say goodbye to George Lopez but if u havent watched some of the shows they are playing the oldest shows on Nickelodeon and the newest shows on Channel 9(local telivision in Los angeles)
He also has his own show called Lopez Tonight. It's his own talk show.
I've been employed with my current employer for 6 years, and am being permanently laid off tomorrow due to the closing of the facility. I ha...
I've been employed with my current employer for 6 years, and am being permanently laid off tomorrow due to the closing of the facility.
I have invested about $20,000 into the employee retirement account, but being that I do not have the required number of years to be vested, I am forced to withdraw this amount and walk away from the $40,000 of matching funds put up by my employer.
Because the facility is closing, I am able to draw Texas unemployment, but was wondering how the one time pay out of my portion of the retirement fund will effect my filing for unemployment.
Answer
If the plan is being terminated the employer may have to force vest you in the matching funds. I would not automatically assume that you will lose that match.
You may be better served rolling over whatever amount you end up receiving from the plan to an IRA or other tax-advantaged retirement account now and taking distributions down the road as you need it.
Answer
the benefits do not affect right tounemployment benefits..but hopefully you will find a better job..
Hi i am a dental assistant and i am currently doing two jobs one is my dental assisting position and the other a pcc. i am only being paid m...
Hi i am a dental assistant and i am currently doing two jobs one is my dental assisting position and the other a pcc. i am only being paid my salary rate which is as a dental assistnat. i asked for a raise and that was denyed but my manager said she can still utilize me in the front. for the past 3 weeks i have been working as a pcc not a dental assistant but only getting paid as a dental assistant also i have not been getting my 10 min breaks throughout the days that i work..what can i do or whats the next step. i need help
Answer
The California Division of INdustrial Relations www.dir.ca.gov has a Wage Claim site to file a complaint with the state about the breaks.
I am not familiar with any code requiring the dentist (or the corporation) to provide you with work in a particular job. If you are offered duties at a wage and you accept performing those duties at that wage, you have accepted the work. If you do not wish to perform "PCC" at that wage, decline to accept that work.
IF you have a WRITTEN CONTRACT that specifies in detail that you will be paid as a PCC when performing duties as a PCC, then you would make a demand for payment in writing for payment per the written contract.
If you have no written contract, the Civil Court and the Labor Board will not be able to force payment at a different wage than that to which you agreed to accept as your salary.
California is an "AT WILL" employment state; when an employer has no need for your services you can be terminated at that moment. If this employer no longer required a dental assistant and had no other available work, you could have been terminated. Because this employer has other duties you were 'offered' the other duties at the old wage; if you did not accept, you needed to communicate that you do not accept the new duties at the old wage.
What are the release dates for Belly of the Beast - 2012?
Belly of the Beast - 2012 was released on:
USA: April 2012
Can I sue two companies under same corporation/owner?
Can I sue two companies under same corporation/owner?
Answer
Yes.
What is the legal age in which you can get a tattoo in missouri without a parents consent?
What is the legal age in which you can get a tattoo in missouri without a parents consent?
Answer
18 years old. I hope this helps, if you have any further, questions please do not hesitate to contact this office at (404)380-9026
How can a district attorney's office give permission for police to enter a home for safety reasons based off a person saying something is go...
How can a district attorney's office give permission for police to enter a home for safety reasons based off a person saying something is going on illegal inside the home?
Answer
The District Attorney's office cannot give "permission." Permission to enter a house for a search for criminal activity is called a search warrant, and it comes from a magistrate.
It sounds like a police officer called the District Attorney for legal advice because of an emergency situation, probably asking if a search warrant was necessary. The District Attorney would correctly inform the officer that under certain emergency situations no warrant is required.
For example, if there is credible exidence of a ticking time bomb in a house, the police do not have to wait to obtain a warrant before going inside and clearing everyone out of the house. If witnesses report that a registered sex offender had dragged a screaming child into a house, the officers do not have to delay before entering in a search for the child and perhaps stopping a rape.
Later, of course, the lawfulness of the entry can be reviewed in court.
What is a good backing track for a promotional movie?
Try a really cool track off John Mayers album "Continuum". I first heard this in a store in Canada and have used it as a background (not professionally) to painting large pictures. So it is good for focusing on other stuff,and not for its listenining TO quality only. However,it depends what subjecy you are promoting. This would not maybe be suitable for an emotive poverty video ,for example- but neither does it promote the pestige culture. Think about what the emotion is you want-or at what level you need it to project. Good LuckLyonslynx
Friday, January 24, 2014
I had a felony conviction 37 years ago never been in trouble again! How do I get it removed?
I had a felony conviction 37 years ago never been in trouble again! How do I get it removed?
Answer
I cannot give you a yes or no answer based on the information you provided. Yes, some felonies can be expunged under certain conditions. You should consider a consultation with an expungement attorney in your area.
What predominant difference exists between the transmission of a sports car and road racing one with grid start?
i think basketball
Its ordered that my wife was shall pay the balance due on a promissary note secured by deed she is behind. I recieve forclosure notices and ...
Its ordered that my wife was shall pay the balance due on a promissary note secured by deed she is behind. I recieve forclosure notices and my credit has been ruined.
It states in the decree and shall indeminify and hold the husband and his properties harmless from any failure to do so discharge these items
Answer
There's no question here.
I'm an independent contractor for a company, I get paid a daily wage, regardless of how many hours I spend at a location. My boss for the pa...
I'm an independent contractor for a company, I get paid a daily wage, regardless of how many hours I spend at a location. My boss for the past few months has been threatening all of his employees with reductions to pay for basically anything that goes wrong. If something is set up wrong, he threatens to take away as much as half of the daily wage and we have to sign a page at the beginning of every work day saying that we know this is the case, my question is, is that at all legal?
Can an employer force you to sign away the right for him to take away wages if he feels the work is done incorrectly or if a problem happens?
Answer
An independent contractor is someone who sets his own work schedule, hours, and for the most part, location. If your employer regularly tells you that you have to be at location x for at least y hours, you are an employee, not an independent contractor.
That being said, if you are a true independent contractor, you may contract for whatever terms the two of you agree upon.
What is the problem when coolant is running into the oil?
cracked head
Is it illegal to wear a badge that says p.I on it and walk into a gasstaion and ask to see the servalence vid.
Is it illegal to wear a badge that says p.I on it and walk into a gasstaion and ask to see the servalence vid.
Answer
Yes. You can't obtain private property by impersonating a police officer. Why don't you just ask. If you have a good reason they might just show it to you.
My parents are elderly and my Mothre has dementia and my father has trouble walking and several urinary tract problems.My Father refuses to ...
My parents are elderly and my Mothre has dementia and my father has trouble walking and several urinary tract problems.My Father refuses to put my mother in a nursing home,even though she doesn't know him anymore they bicker constantly.Can we put one in a nursing home withoyt the others consent.
Answer
Yes, but you'd have to have one or the other deemed incompetent by a court, that means lawyers and that means expense.
Probate question- I was independent administrator of my dad's estate in 2009 (opened and closed). In dealing with that I gave a friend an ol...
Probate question- I was independent administrator of my dad's estate in 2009 (opened and closed). In dealing with that I gave a friend an old (junked IMO, I was trying to figure out how to get it to a salvage yard) 1960's travel travel trailer They were interested in "redoing" one. I gave them the title, signed it as admin and sole heir, and forgot about it. They didn't go to the county to have the title officially transfered. Now they want to do that, and I can't get the letter of administration to give then as it's closed. The court clerk said get an attorney. I'm just trying to help them put their names on it. It's not on the highway or anything (just parked at their house). How can I get it into their name?
Answer
You have a problem and depending in what court it is pending in the solution may be different. I would suggest you go back to the original attorney who probated the estate.
My sister and her family recently moved in with my elderly mother in Utah. If they are still living with her when my mother dies, do they ha...
My sister and her family recently moved in with my elderly mother in Utah. If they are still living with her when my mother dies, do they have a way to just "get" the house without it going into the estate?
Answer
The only way that can happen is if your mother adds one or both of them to the title a s joint tenants while she is still living. If she makes no changes to the title to the house, no they cannot just get the house.
As a US company, what are my obligations selling my product to another country that will use it for integration into their military defense ...
As a US company, what are my obligations selling my product to another country that will use it for integration into their military defense systems and sell it to other military's?
Answer
Make sure that anything you sell is not on the embargo list from State, not banned by DOD export! not on the Treasury list...you must be careful, do your due diligence. Hire a lawyer to do this...
Answer
If there is any doubt, you should hire someone to look into it for you. It will greatly depend on the specifics.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I have a retainer agreement on a 50/50 contingency basis in a real estate case against someone who fraudulently transferred title of my hous...
I have a retainer agreement on a 50/50 contingency basis in a real estate case against someone who fraudulently transferred title of my house to his name. The retainer agreement reads: "RE:Real property located at xxxx street, Los Angeles, California. I have agreed to represent you in connection with the above referenced property..."Defendant filed a counter suit for quiet title and damages which is what we had filed against him. Now my attorney is asking for money to respond or defend the cross-complaint. I have refused on the grounds that the retainer agreement covers any matter related to the "above referenced property" but he insists that the cross-complaint is not covered under the retainer agreement even though there is no exclusion language contained in the retainer. Is he right?
Answer
An attorney would have to review the entire retainer agreement before they could offer you an opinion on that.
Answer
Of course he is right in requiring a new 'deal', including payment for the defense of a new and different lawsuit. I am quite confident that, despite what you argue, your retainer almost certainly covers only your plaintiff suit, not the new one in which you are a defendant. My own Retainer Agreements are quite clear on this issue, to avoid such arguments. I suggest you negotiate a reasonable deal with him that you both can live with. Otherwise you'll probably have to hire new counsel, who will also require payment for the defense side. You should at this point also be seriously discussing settling the entire matter and assessing your risks and costs in pursuing it, now that you have to pay money out of pocket.
If you need to hire new counsel, feel free to contact me.
"When filing out a Mechanic Lien, is the Lienor the corporation itself (for example ABC Corporation) or the Owner of the Corporation (for ex...
"When filing out a Mechanic Lien, is the Lienor the corporation itself (for example ABC Corporation) or the Owner of the Corporation (for example John Smith)?"
Answer
Whose name is on the contract? Who billed for the work? If this is a home improvement or other work that requires a license, who's the license holder?
Liens are tricky beasts. Many mistakes are fixable but many are not. Yo'd be surprised how little it costs to do this correctly.
Delaware County PA "Court of Common Pleas Review for Predisposition Matter". This appears on my friends docket sheet . What does it mean??
Delaware County PA "Court of Common Pleas Review for Predisposition Matter". This appears on my friends docket sheet . What does it mean??
Answer
Its one of the first court dates. He should have an attorney helping him with this. We handle cases in PA. Call me at 732/773/2768 to discuss.
Had an attorney that stole from my sons guardianship and other as well as other clients ,well as his guardian advocate mother do we have t...
Had an attorney that stole from my sons guardianship and other as well as other clients ,well as his guardian advocate & mother do we have to continue with the courts? Due to the system failing us I lost trust in the courts system
Answer
Yes.
Answer
You still have reporting requirements, however you should sue the attorney.
Answer
Report the theft to the court, a new attorney will be appointed. Also make a complaint to the Florida Bar.
My ex-boyfriend/roommate who was evicted in May has placed a notice of interest on my house using marriage by common law. He has no legal ti...
My ex-boyfriend/roommate who was evicted in May has placed a notice of interest on my house using marriage by common law. He has no legal ties to the house. He did make improvement on the house. We were together for 2yrs. and 10mo. We had separate bedrooms, bank accounts, filed separate income tax. The only thing we shared was the house payment, city bill, light, gas, and he bought me a phone for my birthday and he added me to his plan. We split the phone bill. I hope this is free because I have no money to pay for advice
Answer
A common-law marriage is not recognized in Utah unless you did things that would make other people believe you were married, i.e., signing documents under the same last name. If everyone knew that you were just living together, there was no common-law marriage, and the lien is fraudulent. The fact that you kept your finances separate including tax returns, is a strong indicator that neither of you considered yourselves to be married. What he has done is a thrid-degree felony. Talk to the county attorney of the county where the property is located, and see if he is willing to file criminal charges. If not, you will need to hire an attorney and pursue the matter civilly. The action would be one for defamation of title.
Thursday, January 23, 2014
how do i evict a family member from my home in Overland park, ks? There is no lease/contract. nothing signed
how do i evict a family member from my home in Overland park, ks? There is no lease/contract. nothing signed
Answer
Send or give then a written notice to vacate. If they do not, then file a petition to evict or for unlawful retainer. You might find it easier to have an attorney do this for you.
Good luck
I rent an apartment in los angeles ca. My landlord charges 2500 plus tax. Ive never been charged tax on rent before. Is this a legit tax?
I rent an apartment in los angeles ca. My landlord charges 2500 plus tax. Ive never been charged tax on rent before. Is this a legit tax?
Answer
It sounds like your landlord may be in violation of the Los Angeles County Rent Stabilization Ordinance.
Where might one purchase an infant car seat?
Many baby stores like Babies R Us sell a wide selection of infant car seats. Walmart and Target also sell infant car seats, but may only have a small selection because they are super stores and not specialty stores. If you have a local baby store, you should also check there.
A 17 year old boy has never been served with papers regarding a paternity suit but received a letter in the mail regarding a hearing with da...
A 17 year old boy has never been served with papers regarding a paternity suit but received a letter in the mail regarding a hearing with date, time and location. He did not show for that hearing because he was informed by an attorney that he has to be served. Can a judge grant a default judgement against him if the party filing the paternity suit requests it?
Answer
If no service of the paperwork has occurred, then the court cannot proceed forward in any manner, other than to possibly approve an order for substituted service. A default will only occur after formal notice has been provided to a Respondent, and the Respondent has thereafter ignored a date to file an answer or to appear in court. I have handled many such cases and would be willing to consult with you. My background and contact information can be found at www.brucezivley.com
What are the release dates for A Prize Package - 1912?
A Prize Package - 1912 was released on:
USA: 5 August 1912
is there any issue of propriety if the top executive of a company is also an agent of its affiliate company he personnaly owns?
is there any issue of propriety if the top executive of a company is also an agent of its affiliate company he personnaly owns?
Answer
I'd say no issue, based on the broad terminology used and brief facts given in your question.
For one thing, if someone "personally owns" a company, it'd be difficult for him/her NOT to be its agent. The owner of a company is almost automatically its agent for most things.
Next, how can Company Y be an affiliate of Company X if the top executive of X is the personal owner of Y? An "affiliate" of X would have to be at least partially owned by X.
In all, nothing evil or suspicious is even hinted at by the unclear and unspecific facts given. Sure, the top executive may be a crook and maybe the corporate setups are designed by him to facilitate crooked dealings. On the other hand, there's nothing inherently wrong with the top executive of one company owning or controlling another company. (If either company is publicly traded, there might be disclosure duties).
How serious is a traffic violation of pulling out in front of a police car to the point the policeman had to slam on his brakes to keep from...
How serious is a traffic violation of pulling out in front of a police car to the point the policeman had to slam on his brakes to keep from hitting the car ? And what should the charge be ?
Answer
Insufficient relevant facts to offer a more definitive opinion, could be anything
from reckless driving to assault on a police officer with a deadly weapon or something in between based upon the facts provided (my opinion).
I was charged with Assualt 4 in the state of Washington. Im in the military and I had to move back home because my contract came to an end. ...
I was charged with Assualt 4 in the state of Washington. Im in the military and I had to move back home because my contract came to an end. Unfortunately for me this whole ordeal happened right before it was time for me to leave. My attorney said that I would have to take a Domestic Violence class in florida around the Miami area, but I haven't been able to find it and I keep getting the run around. I called the court in Washington and she told me that I need to find a Victim Panel? I don't know what to look for.
Answer
I'm afraid a Florida attorney won't be able to properly answer your question. There are different kinds of classes and only the Washington courts will know what is sufficient. There are domestic violence classes, anger management, and victim impact panels (which are usually associated with DUIs). You must call an attorney in Washington to get the correct answer.
My family recently learned that my father contracted HIV from a blood transfusion he received in the '80s. Can the hospital now be held liab...
My family recently learned that my father contracted HIV from a blood transfusion he received in the '80s. Can the hospital now be held liable for his condition?
Answer
It is unlikely. The statute of limitations for malpractice and torts would have expired decades ago. So unless you could show a reason to toll the statute (which could happen if there was no way for him to have known about the HIV until the past two years), he'd be out of luck (assuming this is in Georgia). An additional practical problem: even if there were no statute of limitations, how could one prove that the hospital did something decades ago? The evidence is long since gone, and there's no way to prove it was not contracted elsewhere. Having said all that, since there are very few facts in your post, he should call a lawyer.
My friend is 17 her boyfriend is over 18. They have been together for six years. He was released two days ago after a two year prison sent...
My friend is 17 & her boyfriend is over 18. They have been together for six years. He was released two days ago after a two year prison sentence for having sex with her. Since she is currently a minor he can't have contact with her, but the question is when she turns eighteen can they have contact?
Answer
Insufficient relevant facts to answer.
How do you save the collage we made in photovisi?
rgrh
i work at a phosphate plant and fell i have been wrongfully terminated need some advice please
i work at a phosphate plant and fell i have been wrongfully terminated need some advice please
Answer
Feel free to e-mail me with more information at [email protected]/* */ or [email protected]/* */ or call my office 954 636 3802
I am due in court on Friday, I dismissed the attorney I had, but he has not removed himself from the case saying the next attorney I hire ca...
I am due in court on Friday, I dismissed the attorney I had, but he has not removed himself from the case saying the next attorney I hire can do that? I have yet to find another. If I appear without representation will the judge allow me an extension to find one?
Answer
If your current attorney has not withdrawn, he'd better be in Court when you have a hearing; otherwise, he'll get in trouble with the Judge. Until he withdraws, he is your attorney of record, and he has to appear in Court. When you go to Court, BRING THE LAWYER'S PHONE NUMBER WITH YOU and when your case is called, tell the Judge that you're waiting on your lawyer, and offer to give his phone number to the Judge.
If a husband and wife are tragically killed together and they each have different executors listed in their wills, how do the executors hand...
If a husband and wife are tragically killed together and they each have different executors listed in their wills, how do the executors handle it?
Answer
The wills should have a provision for such a case.
A proper will spells out what happens if the spouse did not survive.
There are usually provisions to deem one to have survived if it can be determined who died first. If it can't be determined, there should be a provision that makes each of the husband's estate his own, and his executor follows the husband's will; the same should apply to the wife's will and executor.
If none of these contingencies are provided for, the estate may be intestate.
If you are a family member or executor, you should see an estates lawyer as soon as possible to help sort out these issues.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Answer
Read the will. The husband's executor administers the husband's assets and the wife's executor administer's the wife's assets. There may be a survivorship requirement as noted by Attorney Jacobson. However, if both wills were drafted at the same time and have an identical clause such that neither technically survived the other, and the will says nothing else, then 1/2 of the estate will be distributed as per the husband's will and 1/2 as per the wife's will to their respective beneficiaries.
More about the fence problem... It's stated in the lease that the "Landlord shall not be responsible for Resident's articles stored either o...
More about the fence problem... It's stated in the lease that the "Landlord shall not be responsible for Resident's articles stored either on the Premises or in any part of the building, and any such storage shall be at Resident's sole risk nor shall Landlord be responsible for damage to Resident's personal property caused by water (whether from broken pipes or the weather), wind, fire, or vandalism, and Resident assumes the sole risk of loss resulting from such damage, except for damage resulting from the negligent acts or omission of the Landlord." Now, the fence isn't my personal property like a shed or a bike, and they've come to repair literally every other thing in our house (like our doors and floor). Also, isn't it somewhat negligent of the Landlord to know that multiple fences in the neighborhood are rotting and not do anything about it?
Answer
The clause you quote has nothing to do with your question. That clause only addresses damage to your personal property, not the premises.
Answer
This isn't the clause you should be looking for.......if you can't find anything pertaining to repairs to the leased premises (as distinguished from stuff you own), maybe it isn't there. In that case, I'd proceed on the assumption that it's the owner/landlord responsibility.
Wednesday, January 22, 2014
How much should a valve cover gasket repair for a 1996 Nissan quest for a 1996 Nissan quest?
dosent make sence because its the same car
I have been blind side attack by my son mother for no reason she kicked me punched scratched me on my face and arms, and I want full sole le...
I have been blind side attack by my son mother for no reason she kicked me punched scratched me on my face and arms, and I want full sole legal custody of my son, what do I need to do?
Answer
Since you are a victim of a crime, it would be appropriate for you to file a police report with your local police. When you file your request for custody, be sure to include a copy of that report and request for restraining orders to protect you and your child.
Answer
Ms. Kock is correct. You definitely want a police report. I also strongly recommend you consult with a qualified family law attorney.
Answer
In addition to above, talk to your attorney about the feasibility of a Family Law Domestic Violence Restraining Order.
What are the release dates for Auto-B-Good - 2003 2006-01-09?
Auto-B-Good - 2003 2006-01-09 was released on:
USA: 9 January 2006
What type of car starts with o?
Mitsubishi - OVERLANDERI hope this helps a little bit :)
I bought a home in November. Now that it is spring, I found the basement leaks. Because the home was in a trust, I was told by the realtor t...
I bought a home in November. Now that it is spring, I found the basement leaks. Because the home was in a trust, I was told by the realtor that the condition report was not required from the seller. After having the foundation checked by a local concrete contractor, he told me he had been here at least 50 times for basement water issues over the past several years, most recently being just prior to the home being listed. None of this was disclosed to me. Do I have a case to go back and expect any responsibility to fall on the family of the deceased owner?
Answer
Real estate purchases in WI are complex transactions which should never be attempted without an experienced real estate lawyer to assist you, since the customary documents contains thousands of words of small print, all of which counts. However, this is particularly true when one purchases from a fiduciary such as a trust or estate. Without knowing more, I have no idea what type of trust you are dealing with here, but if it is a normal grantor living trust, the trustee has no liability shield and may be personally liable for all claims. Nobody could answer your questions without reviewing all of the sale documents including the purchase contract (offer to purchase) string. The seller's liability depends upon what warranties and representations were made, if any, as well as the seller's knowledge of the property's history. Sometimes, fiduciary sales are "as is" without warranty or representation, since the fiduciary may have never occupied the property. Any lawyer would have explained these risks to you prior to your acceptance of the offer.
Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www./answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials .
what can I do if my employers payroll checks bounce when I cash them,this has happened several times and to other employees also.
what can I do if my employers payroll checks bounce when I cash them,this has happened several times and to other employees also.
Answer
You already should have gone to the Labor Commissioner with your claim. Do so now. They will investigate and pursue the employer for back payment and penalties for you. Or you can hire an attorney to do that, with the extra issue that if you win your claim in court, you get your attorney fees as well. Either way, if the employer in any way retaliates against you, that is a new and more valuable lawsuit for damages. If that occurs, definitely contact me for the legal help you'll need. If you want help with the basic claim contact me too. I've been doing such employee rights litigation for many years.
In Maryland will a grand jury indictment result in an arrest or can I be issused a summons to appear
In Maryland will a grand jury indictment result in an arrest or can I be issused a summons to appear
Answer
Either.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Answer
Weather or not to issue an arrest warrant or a summons after a grand jury indictment is up to the State's Attorney.
Wisconsin family law: My ex-husband is cohabiting, and his standard of living has increased. Can I ask for a modification of my spousal supp...
Wisconsin family law: My ex-husband is cohabiting, and his standard of living has increased. Can I ask for a modification of my spousal support?
Answer
Unfortunately, NO. His change in expenses has nothing to do with his ability for support.
They base your support on his Gross income (for child support) and his after tax income (for maintenance). Neither of which are based on his living expenses (except in extremely rare case).
However, your change in living expenses are good reason for him to ask the court for change. This is because your expenses (often times) are the basis of your receiving maintenance.
But to your specific question, you can always ask, but may have to pay for costs and possibly his attorney's fees.
A 15 yr old girl told her father that I asked her to perform oral sex. The police came to my house and I was incarcerated that night. I neve...
A 15 yr old girl told her father that I asked her to perform oral sex. The police came to my house and I was incarcerated that night. I never had a police record, They charged me with solicitation of a minor. I'd like to know what will be the outcome of this charge
Answer
Child enticement is a major felony in WI, carrying the possibility of lengthily prison, supervision afterwards, and life long sex offender registration and treatment. You should retain an experienced criminal lawyer as soon as possible. Odds are that he or she could help you even more now than later if the formal charges have not yet been issued.
Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www./answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials.
What are the release dates for Rocco's Dinner Party - 2011 Bangers 'n' Cash - 1.7?
Rocco's Dinner Party - 2011 Bangers 'n' Cash - 1.7 was released on:
USA: 27 July 2011
My husband and I are legal co-guardians of a young child whom we planned to adopt. She has been with us for 2 years. We are in process of di...
My husband and I are legal co-guardians of a young child whom we planned to adopt. She has been with us for 2 years. We are in process of divorce currently. I now plan to adopt this child on my own as my husband has decided to relinquish his part of the guardianship. Because she has not been legally adopted by us, I am not entitled to child support from my husband upon divorce. I would like to know if the legal system willl recognize this child in some way, allowing me to provide for her in a resonable mannor. In other words, would the courts recognize this child while splitting up our assets? I will have 100% of the child care costs and he would essentially be walking away. Is that a consideration?
Answer
I haven't seen that particular issue in the CT courts (and I've been doing this for over 30 years) but my belief is that if he has no legal obligation to the child at the time of the divorce (and he won't if the adoption by the both of you is not finalized) the court will not consider the issue. You will be on your own.
How many feet per minute do you travel at 80MPH?
80 mph = 7,040 feet per minute.
Hi i got my master's degree in computers from a US university in May 2010, i worked for about 6 months then quit my job and went back to my ...
Hi i got my master's degree in computers from a US university in May 2010, i worked for about 6 months then quit my job and went back to my home country in Nov 2010 due to some family emergency. I am settled in my home country since 3 years but i wish to work in US again. What is the most legal process to go back to work in US again. (I have a visitors visa for 10 years and also visited the US in OCT 2013)
Answer
You first need a U.S. employer to petition you, presumably for an H-1B visa. There are other employment based options, but I cannot assess any alternatives based on the facts you have provided. Generally, you cannot work in the United States without a U.S. petitioner & a specific work related visa.
Hello,would that be possible in the USA to take a heritage left by an ancestor, but before over 200 years ago?
Hello,
would that be possible in the USA to take a heritage left by an ancestor, but before over 200 years ago?
Answer
I can think of nothing of value which is left without an owner for over two hundred years. Someone has possession and presumably title to the property. If you could prove your claim were superior to that of the present owner you would prevail. How could you do that? If you can answer that question, maybe you have a chance.
What does "cause not reached" mean?
What does "cause not reached" mean?
Answer
Ask your attorney.
Hi,I live in a three story apartment, first floor. It is raining heavy today (11/27), the rain water is building up in the slide door track ...
Hi,
I live in a three story apartment, first floor. It is raining heavy today (11/27), the rain water is building up in the slide door track in the third floor unit right above me. Eventually the water find a way to stream down the building and leaking into my unit through seams of my slide door frame. Is the third floor unit owner responsible for paying my damage?
Thank you for reading my question.
Jack
Answer
Almost certainly, yes.
Feel free to contact me directly for free initial consultation or to help you handle this.
Answer
If the is a rental property, it is the Owner's responsibility for not providing proper drainage or a canopy above your door. If this is a Condo, then subject to the Condo rules it is the responsibility of the Condo Assn to fix the problem, your damage is probably not the 3rd floor apt or the associations depending on how the condo docs are written.
Does the custodial parent have to give the non-custodial parent notification to take the child out of state for an extended time?
Does the custodial parent have to give the non-custodial parent notification to take the child out of state for an extended time?
Answer
Sometimes, we should look beyond the law and approach the situation as responsible and reasonable people.The custodial parent should treat the non-custodial the same way that he or she would want to be treated. Wouldn't the custodial want to know if the non-custodial was taking the child out of state for an extended period of time?
That being said, I suggest that the parents refer to the Indiana Parenting Time Guidelines as there is a specific provision concerning this situation.
I live in Iowa and my spouse was deported to mexico and i have lost contact with her. How can I file for divorce without knowing how to cont...
I live in Iowa and my spouse was deported to mexico and i have lost contact with her. How can I file for divorce without knowing how to contact her?
Answer
You may be able to use publication to provide notice of the dissolution.
Is a transfer upon death legal in the state of Maryland? I am speaking about from a parent to an adult child.
Is a transfer upon death legal in the state of Maryland? I am speaking about from a parent to an adult child.
Answer
If what you mean is can one structure title so that the title passes upon death without going through probate the answer is Yes. In fact, attempting to keep property out of probate is a primary goal of much planning. Transfers on Death if structured properly can keep property out of probate without triggering unnecessary capital gains tax.
There are multiple ways to set up a transfer of property and some have unintended negative consequences so it is good to check with an attorney before actually consummating a transfer.
a doctor punctured my lung while giving me an injection of lidocane in my back. i later had to visit the emergency room and was diagnosed wi...
a doctor punctured my lung while giving me an injection of lidocane in my back. i later had to visit the emergency room and was diagnosed with a pneumothorax.
Answer
Is there a question to this? Call an attorney to represent you, call 810-227-7200. Visit www.jnfiani.com for more information
I was arrested twice for marijuana possession. Both before I went to court for either charge. The first charge went through and I was placed...
I was arrested twice for marijuana possession. Both before I went to court for either charge. The first charge went through and I was placed on conditional discharge. Now I have a second case coming up and I don't know what is going to happen. What are the possibilities?
Answer
Depend you the facts of the case, the court, your lawyer, etc. Call me at 732/773/2768 to discuss.
Answer
If you are convicted you will be taken out of the conditional discharge program and have to get resentenced on the first charge. I would need to see the evidence in your second upcoming case before I can give you a definite answer as to how to proceed. Please call me if you would like to discuss your case in more detail. Thank you. SIncerely yours, -Ronald Aronds, Esq.-
908-272-0111
Who is Tofiga Fepulea'i?
Tofiga Fepulea'i? is an actor of somoan descent. He was born in Wellington New Zealand. He is best known for his first stand-up comedy show called Laughing with Somoans
I have 2 children by 2 different women who live in 2 different states...1 in Missouri and 1 in Illinois. How will my child support be calcul...
I have 2 children by 2 different women who live in 2 different states...1 in Missouri and 1 in Illinois. How will my child support be calculated? I live in Illinois and I know Illinois like for 2 children it is 25% of my income, but since they live in 2 different states, will it still only be 25% of my total income or how will they calculate that?
Answer
Your presumption is wrong. I do not know MI law but assume it is the same percentage. You pay 20% of your net for the oldest child, then 20% of the net deducting the child support order would be the order. So if your net is 500 per week ; 100 for the eldest kid and then 80 for the second kid, or in effect 36%
i have been out of work and on workers comp for 2 years now and have recieved no benifits
i have been out of work and on workers comp for 2 years now and have recieved no benifits
Answer
So, what is your question?
How does artwork change people?
If the artwork is nice and pretty it might make people happy but if its messy and ugly it will make someone angry or sad
Work for hire agreement: getting it signed by the artist question re. creditsWe are drafting a work-for-hire agreement for an independent ...
Work for hire agreement: getting it signed by the artist & question re. credits
We are drafting a work-for-hire agreement for an independent contractor in US, California. We want to preserve all the IP rights for the illustrations created. Two questions:
Will artists sign work-for-hire agreement if they are not working on-site? My research shows that artists generally do not like to sign these agreements.
We have no way to specify credits to the authors and we want to state this in a work-for hire agreement. Is complying with the credit line mandatory? How would you suggest us to handle this?
Is there anything specific that we need to include into contracts with illustrators?
If the answer will be different for other states please let me know. Thanks!
Answer
There is no way to determine whether an artist will sign an agreement or not, it all depends on if the deal terms is agreeable to the other party. Work-for-Hire agreements do require important provisions to protect the person/company having the work commissioned. I would recommend that you counsel with an attorney to review and draft your agreement. If you are unable to find an attorney in your area, please feel free to contact our firm.
Best,
Jim Betinol
([email protected]/* */)
Tuesday, January 21, 2014
What are my rights if I don't sign away my rights to a speedy trial?
What are my rights if I don't sign away my rights to a speedy trial?
Answer
If you are charged with a crime, you have the right to a speedy trial within 60 days of your arraignment if you are in custody, and 90 days if you are out of custody. If you don't waive your right to a speedy trial, the prosecution would have to bring you to trial within those timelines or face dismissal of your case. That being said, the State or the Defense could request a continuance of your trial date, which would create an "excluded" period and extend your speedy trial. If you have further questions, contact your attorney (if you have one) or feel free to contact me via phone or email.
howlong is a power of atorney last after teir death
howlong is a power of atorney last after teir death
Answer
A power of attorney ceases upon the death of the principal that granted the power to the attorney in fact.
What are the fastest Italian cars?
The fastest Italian car i think is the Ferrari Enzo this is from 0 to top speed hope this helps for more info visit my site
Ben
infocars.yolasite.com
I received an Estimate Worksheet from the hospital for my wife's surgery for an out of pocket amount of $887. They had all my health insuran...
I received an Estimate Worksheet from the hospital for my wife's surgery for an out of pocket amount of $887. They had all my health insurance information to put together the quote. After the surgery, which went as planned, the bill is $3315. I understand it is only an estimate, but this is way too far off. Do I have to pay this full amount?
Answer
It is very difficult to answer this question without reviewing the documentation. Often with hospital bills, the estimate may only be for the services performed by the hospital itself, and it may not contain the estimate for other medical providers (individual physicians, pathology, anesthesia, etc.). It also depends on the procedure(s) performed, whether the claim was paid as in-network or out-of network, your individual plan, etc.
Also, it is important to go off of the Evidence of Benefits (EOB) from the insurance company and not the bill from the hospital. Often times, the hospital bill does not contain the discounted amount. I suggest starting by contacting your insurance company.
when someone dies without a will and has a insurance policy that the beneficiary is also dead. How does that money get distributed to next o...
when someone dies without a will and has a insurance policy that the beneficiary is also dead. How does that money get distributed to next of kin (sisters in this case) and how is the money probated?
Answer
the insurance is paid to the estate of the beneficiary. It will be distributed o he next of kin through an intestate administration proceeding. Probate is for wills only.
Are Mercury luxury cars?
yes Mercury luxury are cars but not as fast as others
for the removal of a condition on a green card Does it have to be before 90 days to the expiration of green card or it can be 90 from the da...
for the removal of a condition on a green card Does it have to be before 90 days to the expiration of green card or it can be 90 from the date i got married in court?
Answer
It must be within the 90 day period before your conditional residence card expires, not the date of marriage.
Can my attorney settle my accident case without my consent. I wanted it to go to trial. After 8 years of them stone walking, losing doctors ...
Can my attorney settle my accident case without my consent. I wanted it to go to trial. After 8 years of them stone walking, losing doctors papers, and important documents I received a letter in the mail saying my attorney had settled the case and accepted payment for the accident. What are my rights?
Answer
It should not be possible for an attorney to settle a case without your participation and signature on important documents. Sometimes if the attorney has been given, by you, the power to sign on your behalf, specifically including signing on a settlement check, then it could happen, but that would be unusual. I would ask to see all of the settlement documents including the signature pages and then if it seems wrong, nad your attorney cannot satisfy you in conversation as to the wisdom and propriety of his actions, go seek a free consultation with another attorney and ask these questions in detail. If the signatures are not authorized by you, or were forged, of the numbers do not add up, then you could file a complaint against your attorney with the State Bar in your state and they would investigate the situation. This last possible step should only be taken if you are sure that your attorney has done something wrong. It will probably engender hard feelings between you and your attorney. I would definitely talk it over with the attorney first. Good luck.
What are the rules of the commonwealth of virginia for motions of discovery
What are the rules of the commonwealth of virginia for motions of discovery
Answer
The Virginia rules for discovery in criminal cases can be found in Section 3 of the Rules of the Virginia Supreme Court located
on the court's website.
Hello! I recently filed a claim for damaged floors with my homeowner's insurance. Three flooring companies have said the best course of acti...
Hello! I recently filed a claim for damaged floors with my homeowner's insurance. Three flooring companies have said the best course of action is to replace ALL the flooring. The insurance company's estimate only includes replacing the *damaged* portions. The estimate also ignores the cost of materials and labor for some very labor intensive finishing details.
It seems like the insurance company is offering less than half of what it would take to restore the floors to their previous condition.
My first thought is to write a letter to the adjuster including:
1. Two estimates from reputable flooring companies outlining the cost of repair/replacement.
2. A reminder about the finishing detail the estimate ignored.
3. A polite request that the insurance company provide a fair amount for the replacement (less depreciation).
Tips on ways to *not* have to deduct the value of depreciation are welcome. The floors were in very good condition.
Any advice on this homeowner's insurance claim dispute would be appreciated. Thank you!
Answer
You really need a lawyer for this. The old saying "anything you say will be used against you in court" is about criminal law but it goes double for dealing with insurers. The adjusters are trained in dealing with consumers and know every trick in the book, plus what you send them and what you say to them may very well hurt your case and you may not even know it. They will use it against you if they can. I hope you haven't already damaged your case inadvertently. They also won't offer any significant amount until you show them you are serious about the claim by hiring an attorney. I concluded a flooring case against an insurer about a year ago and it wasn't easy at all. The insurer has "expert" witnesses they control who will say just about anything the insurer wants said. It is tough to repudiate that. Best of luck.
I am selling some land. At what point can money be exchanged?
I am selling some land. At what point can money be exchanged?
Answer
Earnest money is typically given at the time you receive a written offer to purchase the property. Even if you are selling an acre of land to your neighbor, I would get a written offer to purchase and require the buyer to put down earnest money. Earnest money can be any amount - depending on how much land is being sold, it can be as little as $500 or as much as $10,000 or more.
The way the agreements are written is that they usually specify when closing is to occur and how the purchase price will be paid. Earnest money is credited towards the purchase price. Example: you are selling 1 acre of land for $25,000. Purchase price will be paid as follows: $500 earnest money and the balance of $24,500 at closing.
See a lawyer or have the buyer go to an attorney to have the attorney use this. If you know a realtor or a lawyer who is a member of the realty section of the NC bar, there is already an offer to purchase agreement drawn up which you can use.
The buyer usually selects the real estate attorney to prepare the deed. I don't know how the property is to be paid for. If you are doing owner-financing, then I suggest that you get your own attorney and have the documents done properly. You will need a deed and deed of trust.
Money changes hands at closing. You sign the deed at closing and hand over the keys to the buyer and he hands you a check or cash for the purchase price (unless this is through a mortgage company for the buyer; in such case the buyer's lawyer cuts you a check).
If I file charges on someone for harrassment and we go to court do I need a lawyer?
If I file charges on someone for harrassment and we go to court do I need a lawyer?
Answer
No the prosecution or district attorney is representing the State or municipality as it may be and the case is brought pursuant to the violation of a law enacted by the State or municipality. But in reality, you are the victim of the State or municipality.
9 Years ago I signed a loan document in the state of PA- It was for a private student loan. Now collections are after me.I thought I consoli...
9 Years ago I signed a loan document in the state of PA- It was for a private student loan. Now collections are after me.I thought I consolidated all my student loans many years ago- this slipped through & I was not aware I had this old loan until recently when attempting to get a mortgage. Now its coming up on 7 years (Nov. 14') from the first delinq. I can have it removed soon. Now Collections decided to come for it- I am safe in PA for SOL & I signed the contract in PA, question is- in the signed document it states- under Governing Law:
I understand and agree that 1) Lender is located in OH 2) The note will be entered into OH 3) The lenders decision on whether to lend me money will be made in OH. Consequently, the provisions of this note will be governed by federal law and the laws of OH, without regard to conflict of law rules.
-Does this effect/override the SOL from the state I live and it was signed?
Answer
Yes. It sounds like Ohio law would apply and that you could be subject to the Ohio statute of limitations. I am not licensed to practice law in Ohio but Ohio may have a longer statute of limitations than PA (it may be 8 years).
Statute of limitations has nothing to do with your credit report. Delinquent debts stay on your credit report for 7 years after chargeoff or the debt is sent for collection (about 7 1/2 years from the time of the first delinquency). The fact that the debt drops off your report soon does not mean that you cannot be sued on it.
From what you stated, it might be possible for the lender to sue you in Ohio and get a judgment and then transfer it to PA for enforcement. You should have the papers reviewed by a local attorney who can advise you whether you need to make arrangements to pay the debt or whether you wish to take your chances and hope that you do not get sued.