Hello! I have a quick inquiry regarding garnishments when receiving food stamps in Wisconsin. Upon my previous landlord winning a garnishmen...

Question

Hello! I have a quick inquiry regarding garnishments when receiving food stamps in Wisconsin.

Upon my previous landlord winning a garnishment against me, and I receiving my Debtor's Response Form, I filed that I am eligible to receive food stamps, submitted it to the garnishee, and kept a copy for my records as well, as instructed on the form. Since I didn't put any supporting documents (I was eligible to receive them, not currently receiving them, and the form didn't specify to include anything like that), my previous landlord contested that it was in bad faith and we ended up going to a civil hearing in front of a court commissioner.

In the courtroom, my landlord claimed that I never submitted the document, causing the commissioner to question why I didn't submit it to them. I informed him that I did, and pointed out the language in the summons (submitted by my landlord) which stated that it was received but without supporting documentation. At this point the commissioner asked if I had the form with, to which I responded that it was never a question as to if I sent it, but as to whether or not I am eligible.

At this point, I kinda felt like the commissioner was a little irked that I called out the inaccuracy in the landlord's testimony. I brought evidence to support me being eligible for food stamps (last three months of pay stubs, documentation from the State of Wisconsin website showing the standards for food stamp eligibility, paper trail of my current food stamps application, and the math to show my eligibility and eligible amount. The commissioner then insisted that the standard didn't include eligibility, but only those receiving food stamps currently are eligible. Wouldn't look at the proof I had brought with. Ruled that garnishment could continue.

Now, I am looking at a civil court date on the second to appeal his decision. I need to know what to expect. Will it be as easy as bringing my food stamp award letter to the judge? Am I at risk of being sued for legal fees from the landlord? Could I recoup what has been garnished since the ruling, since I might argue their contest was in bad faith?

Answer

You are definitely doing this the hard way, considering that a chapter 7 bankruptcy petition could immediately end this technical debate with a protection order from a higher federal bankruptcy court, freezing the state court garnishment, and eventually discharging this debt as well as any other general unsecured debts. You should therefore immediately consult with an experienced bankruptcy lawyer. If any claim or defense is found frivolous, the judge can order to other side to pay attorney fees. Likewise, if the garnishment was found improper, the judge can order it stopped, but I am not sure about reimbursement of moneys already received prior to your appeal being returned.

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 or further questions, but if you want me to do more you will need to make additional arrangements. 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.

My landlord is trying to with hold my security deposit for normal wear and tear such as a few normal scuffs on the walls, faded paint and a ...

Question

My landlord is trying to with hold my security deposit for normal wear and tear such as a few normal scuffs on the walls, faded paint and a portion of paint above the sink where the paint above the kitchen sink has peeled away due to a leaky faucet which he knew about and had a plumber come and fix. (It's a very small patch of paint mind you and he wants the whole kitchen reprinted even through he agrees the rest of the kitchen is not marked or peeling at all) There was a minor hole in the wall in a downstairs half bath but we repaired it with the proper patch and plaster and painted the entire wall with paint he had left so it matched. The house was left spotless clean and we have pictures to prove this. We have always paid our rent on time and never given him any issues however he would be demeaning and talk down to us when we would text him and ask for a repair. The washer and dryer that were included for use in the lease were not usable for six months of the 12 month lease.

Answer

Generally, if a tenant has caused damage to the property, the landlord must return only the amount of the security deposit that is left, if any, after the landlord uses it to fix the damage and must provide an itemized list of what was charged for the damages. It is helpful for a tenant to inspect the apartment with the landlord prior to moving out, to take photographs and have a third party inspect the apartment, and repair all damages caused by the tenant. It seems here that you have done so, by cleaning the apartment and taking photographs.

If you feel that your landlord is illegally withholding your security deposit you may start a small claims law suit against your landlord. This suit can be filed in the housing session, in the appropriate Small Claims area location near you. Any small claims case may be filed at the Centralized Small Claims office at 80 Washington Street, Hartford, CT 06106. Keep in mind that it costs $90.00 to start a small claims case in court.

If you have any further questions please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected]/* */

Wife I have considerable financial assets real property. Most was acquired during marriage, but each brought substantial assets to the m...

Question

Wife & I have considerable financial assets & real property. Most was acquired during marriage, but each brought substantial assets to the marriage. We are considering a marital trust for benefit of our 2 sons, including living will, appointment of guardian, ILIT, etc. Will putting our pre-marital assets in the marital trust be problematic if we are to divorce later? Trying to avoid creating multiple trusts, yet want to leave all assets to our sons, after 2nd spouse passes. Doesn't appear to be any case law on the matter of pre-marital assets v. marital trust in divorce cases. Only cases are in other states: irrevocable trusts split 50/50; revocable stays with whomever brought the assets to marriage (incl passive growth). What about MD?

Answer

If a trust owns property, the trust instrument should say what happens in various contingencies. Once property becomes "co-mingled" it is harder to separate out as non-marital property. Keep in mind that determining what is "marital property" does not guarantee how that property would be allocated or what monetary award might be given if a marriage were to dissolve. However, there are generally other ways to satisfy the concerns you raise and competent counsel can assist.

Generally, a "living will" has nothing to do with property or a marital trust but instead describes what personal medical decisions the planner has made. It should not be included in a trust.

These questions sound very fact-specific and it may be beneficial to have personalized planning. "Marital Trusts" come in many different flavors. Oftentimes the term is used to describe a trust designed to maximize the federal exemption amount though recent changes to tax law may make it less significant of a planning tool for that purpose.

You also describe wanting real property to eventually pass to children. In some cases planners should consider using enhanced life estate deeds - they are a very cost-effective means of avoiding probate and passing property to children after both spouses die without the necessity of a trust for that real estate.

You're encouraged to seek legal counsel to review your particular situation. You are welcome to call my firm or another of your choosing. Keep in mind that this post neither offers personalized advice nor creates any attorney/client relationship.

Answer

Suggest you talk to an attorney who handles Federal/MD estate planning and Federal/MD taxation matters. Information will need to be assembled and carefully reviewed for a proper analysis and estate distribution plan to be implemented. An experienced estate/tax attorney in MD should be able to handle this type of matter and to protect the interests of the client. Please note that, in accordance with the MD Code of Professional Responsibility for Attorneys, a signed engagement letter is necessary in order to engage my legal services. If I can be of any help to you or people you know, contact me as I would be pleased to provide tax/legal support.

Sincerely,

Bob Beatson, 6-25-2014, 1:51 p.m. EST

Law Offices of Robert Beatson II, 9818 Glynshire Way, Potomac, MD 20854

Email: [email protected]/* */

Website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law,

intellectual property, trusts/estates/wills, real estate, litigation,

mediation.

Licensed to practice law in: DC, MD, VA, and NY.

ABA Member since 1980

I was my father's power of attorney, and also a joint owner on his bank accounts. My sister is the executor. My father passed away and my si...

Question

I was my father's power of attorney, and also a joint owner on his bank accounts. My sister is the executor. My father passed away and my sister is suing me, saying I stole money from his account and that I must provide a log of my actions during my time as power of attorney as well as all of the transactions of the bank account. I know it is my legal obligation to provide an accounting of my actions as POA, but why would I have to explain every transaction made to the bank account before, during and after my time as POA? It does not seem like she would be entitled to that information.

Answer

Unfortunately, as the POA for your father, primarily responsible to handle his affairs, you also had a fiduciary duty to all of his heirs to see his assets were not improperly used. Thus, the executor of his estate has the right to ask you to account for all funds coming into your possession while acting as POA. You do not have to provide anything before your appointment unless it involved you personally. For example, your being on the bank account has 2 separate and distinct repercussions. Was this a gift to you from your father, in which case you could keep the account, or was it merely created to be an accomodation to facilitate your handling his finances, in which case any proceeds left over would belong to the estate. Items like this explain why you need to account for all activity.

Answer

You really need a smart lawyer, and right now.

so call me.

Robert Davies, Esq.

201 820 3460

Hackensack, New Jersey

I live in a complex with 88 units. There are two handicap mark spot and two unmarked spots and like 10 Handicap cars. Am I in my right to as...

Question

I live in a complex with 88 units. There are two handicap mark spot and two unmarked spots and like 10 Handicap cars. Am I in my right to ask for a handicap spot so I do not have to park on the street and walk home( 2-3 blocks)?

Answer

No.

If the complex is in compliance with the 'code and permit' requirements on how many and where the spaces are, you have no claim.

Check with the local bldg inspector if you doubt compliance.

In the Codicil of my late mother's will, she specified that my paintings were not a part of the will. The estate attorney met me at the hous...

Question

In the Codicil of my late mother's will, she specified that my paintings were not a part of the will. The estate attorney met me at the house in Indianapolis. The will itself states that she wanted to use a lottery system with all 4 heirs, to distribute her property. My sibs want to liquidate everything, and ignore my mother's wishes. I was the only heir to object. I told the attorney that I wished my mother's wishes to be respected. This attorney would not allow me to take my own paintings, or belongings unless I signed to disregard the lottery. Please note. These items were not a part of the estate . I signed, as I had no choice. There were many missing items in the house...silver, china and multiple other items taken by my sisters and brothers. Did this attorney act properly? I feel like I have been blackmailed.

Answer

You need to consult with an Indiana probate attorney ASAP to find out your rights.

I was detained in the local Wal-Mart back in 2009 for trying to shoplift a 20.00 pair of shoes (I was homeless at the time, and the ones i ...

Question

I was detained in the local Wal-Mart back in 2009 for trying to shoplift a 20.00 pair of shoes (I was homeless at the time, and the ones i were wearing were falling apart) - Upon being detained in the store, I was told I was being released upon the understanding that I would never return to the store and NO legal action would be taken because the merchandise was recovered un-damaged. Now, fast forward. A few days ago I received a letter in the mail from a collection agency claiming that their employer (Wal-Mart) is demanding i pay 500.00 restitution for the shoplifting back in 09 or legal action would be taken. I have no way of paying for this.. no job, no source of income, not even a savings account. What can I do? Is there a statute on how long the company has before it cannot prosecute?

Answer

In some ways, it is a scam. It only applies if merchandise was actually taken. More importantly, Walmart does not file charges, only prosecutors file charges, such as District Attorneys, or in metropolitan areas, City Attorneys.

The letter most likely refers to Penal Code section 490.5. "When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies."

I was promised Severance Pay at a Company in MA that I had worked for 11 years. A mutual verbal agreement was reached that I would leave the...

Question

I was promised Severance Pay at a Company in MA that I had worked for 11 years. A mutual verbal agreement was reached that I would leave the company and find employment closer to home. I was never paid, but did stay and train. Is this legal?

Answer

Based on what you wrote, you may have a claim, but I would need to hear more. If they promised your severance in exchange for resigning, and you relied on this promise and resigned, you should have a claim. I am not sure about what you mean by staying and training. How much was the promised severance pay? If the employer did not specify, you are going to have problems. Feel free to contact me at [email protected]/* */

Katherine, my adult son has a 5150 on his medical record from 2009, in California. Is there a statute of limitations and can it prevent him ...

Question

Katherine, my adult son has a 5150 on his medical record from 2009, in California. Is there a statute of limitations and can it prevent him from getting a job?

Answer

'Records' are forever, and yes, it will likely affect his employ-ability with at least some employers and some industries. No, it is not 'discrimination' to refuse him a job because of that record.

What is George Lopez favorite color?

What is George Lopez favorite color?
red colour is george lopez

TV Dramas and Talk Shows of Pakistani Channels, Download and Stream Online

with Tv Uncle Television Web Portal

My small dog (a Boston Terrier) who is still young, playfully grabs people's hands with his teeth to play with him or throw a ball for him. ...

Question

My small dog (a Boston Terrier) who is still young, playfully grabs people's hands with his teeth to play with him or throw a ball for him. He is never being mean and just gets overly excited to play. When my neighbor came into our yard, he playfully nipped her (not breaking skin) to play. Now she says she does not want him anywhere near her fence (on our property) because he "scares her" and bothers her dogs on the other side of the fence. Her large dog who's caused internal damage biting other dogs in the neighborhood jumped the fence and tried biting our dogs but we got it away in time. Now she's saying our dogs are a nuisance to her animals and wants us to keep our dogs away from her fence even though they are on our property. She is also claiming she is now scared of our dogs even though she approaches our dogs on our property with no problem. Now she is yelling at our dogs anytime they bark back at her dogs and claims that we need to keep our dogs away from the fence. Can she sue us and/or what legal repercussions could we have?

Answer

Anyone can sue you for anything. The real question is whether they can successfully sue you. I would say no. From your description, your dog has not caused them any quantifiable harm. As for a lawsuit for nuisance, which could attempt to get an order for you to remove your dog, you would seem to have a better case against them than they have against you.

You might consider setting up a security video camera or webcam to record the activities of your dog in your yard and how the neighbor interacts with your dog.

What is the name of the Norwagion anthem in English?

What is the name of the Norwagion anthem in English?
The Norwegian Anthem, Ja vi elsker dete landet, is translated in English as "Yes, we love this country".

Can my boss alter my overtime that i worked on my time sheet after i signed my card

Question

Can my boss alter my overtime that i worked on my time sheet after i signed my card

Answer

Absolutely not. The hours you worked are the hours you worked, and your boss must pay you for every hour (and every minute).

Document every time your boss does this, including the change that was made. You should speak to an employment attorney ASAP regarding your situation.

Good luck to you.

Answer

I agree with the previous answer EXCEPT if what you entered contained errors and the changes made to time card correct. Just because you filled it out and signed it doesn't cast it in stone. If there were any mistakes in your timekeeping your employer has the right to correct them.

If you someone money can they post it in a public forum?

If your married and one spouse is on disability, would it be more beneficial to file taxes separately?

Question

If your married and one spouse is on disability, would it be more beneficial to file taxes separately?

Answer

Probably not, but it will depend on the amount of the disability payment and where the payment comes from.

Filing as a separate head of household does not generally reduce one's tax liability combined. In other words, filing separately will not avoid the so-called marriage tax penalty.

However, in rare instances involving social security benefits it might. For that I would contact a CPA and let him do the calculations for you.

do I have to be an attorney to file a lawsuit in district or circuit court in Texas?

Question

do I have to be an attorney to file a lawsuit in district or circuit court in Texas?

Answer

Depends on if you are filing it on behalf of your business or on your own behalf and depends if you are talking federal district court or state distric5 court. If you filing on your own behalf then the general answer is no with a few exceptions like not having capacity to sue. If its filing for your business then that is a tad bit different depending on tue court.

I was issued a feliny traffic citation in janurary with an appear in court date of march 4th i have called the court house several times to ...

Question

I was issued a feliny traffic citation in janurary with an appear in court date of march 4th i have called the court house several times to move court appearance but they keep telling me there is nothing in the system under my name do i still appear in court even though there is no record of my ticket and if there is no record of my ticket can/will it be dropped, i have no criminal record and this is the first time ive ever been in trouble with the law

Answer

Not very likely. You need to hire a local attorney who can find out where your case sits. If you ignore it, you will be picked up on an eventual warrant and be in a bad position with the court.

What was the felony traffic matter? That's strange for felony traffic.

Answer

If you received a notice to appear in court, you and your attorney must appear. You can read more at:

www.AggressiveCriminalDefense.com

Answer

Do not ignore what the citation tells you. If that means that you show up according to its terms and formal charging documents have not been filed yet and it is "a wasted trip", so be it. Felonies are not prosecuted on "tickets". I am guessing that you were written up for OWI 3rd, possibly, and maybe some other lesser charges? Felonies are issued / authorized by a prosecuting attorney's office after they review the police reports, driving / criminal record, lab or other testing info, etc. Sometimes charges are issued the very same day the report is filed with the prosecutor, sometimes it takes days; sometimes the prosecutor wants follow-up work done by police before the case is issuable; sometimes lab report results are needed (which can take a week or so for blood alcohol information, and can take more than a year for drugs-in-the-defendant's-blood results to be reported). If those delays happen, formal charges might be issued weeks, months or more than one year after the crime date.

im POA of my mom, i want to transfur her home to me, do i fill out the quit deed as POA for my mom gifting to my self

Question

im POA of my mom, i want to transfur her home to me, do i fill out the quit deed as POA for my mom gifting to my self

Answer

Seek some legal guidance. This may have tax consequences, internal revenue and homestead, that you need to analyze prior to the transfer. if you are trying to avoid probate, you can transfer house to life Estate for Mom and remainder to you. best to do this with her signature in case there are any other relatives who can later complain.

Is there a certain type of degree you need to become an art teacher?

Is there a certain type of degree you need to become an art teacher?
you need an art education degree.

I've been off on workers comp for ten months. Had an ind. Med eval and she says I can go back light duty although my doctor says I cannot wo...

Question

I've been off on workers comp for ten months. Had an ind. Med eval and she says I can go back light duty although my doctor says I cannot work. Work says they have modified work duty and to report on Mon or face loss of workers comp and termination. What do I do? I am in state of pa. Do I go to work and do nothing because my Dr says I can't work?

Answer

You need to speak with an experienced workers compensation attorney.

Call me 267-210-8752

Answer

If you go back to work and it is work that you are physically able to do (you'll never know unless you try), all is good. If you go back to work and it is work you cannot do, tell your boss that you cannot do the work and have them call a taxi or provide transportation for you to go DIRECTLY to your doctor or to the emergency room. If you don't have them provide transportation for you to go DIRECTLY to a doctor from work, you won't have to proof you'll need later to show that you tried but could not do the work. If you don't go back to work, the insurance company will take steps to terminate or reduce your benefits. You should meet with an experienced work comp atty in your area. Call me if you want recommendations.

Richard Senker 610 279 1600

My husband won't get my Rx bc he says it's to $$$.My husband is a millionaire has more than enough $The Rx I need is life criticalWhat can...

Question

My husband won't get my Rx bc he says it's to $$$.

My husband is a millionaire & has more than enough $

The Rx I need is life critical

What can I do?

Answer

Spouses by Texas law must provide basic support for each other.

You might remind him of this.

It seems obviously that you are having marital problems. You might try counseling. Of course, he's have to agree to cooperate.

If things are completely broken between you, you have no other choice but to file for divorce and ask for temporary orders. A judge will probably order him to pay the medical bills and you are entitled to at least 50% of the community estate.

Good luck.

www.familylaw4u.com

is there a way to prove that a will has been backdated?

Question

is there a way to prove that a will has been backdated?

Answer

If you had witnesses willing to testify they saw the will being backdated that testimony would serve as a form of proof.

My ex-wife and I have joint custody of our three children. One lives with me, two with her. She is out of state this weekend for a family fu...

Question

My ex-wife and I have joint custody of our three children. One lives with me, two with her. She is out of state this weekend for a family funeral. My son and I are also attending . The girls are being watched by their Maternal Grandmother . The ex-wife wants the her boyfriend to drive them down for the funeral. I do not want them to go with him. The Grandmother will hand them over to him. How can I prevent this.

Answer

Why would you want to prevent it? Do you have a legitimate reason such as he is a convicted pedophile or has seven DWI convictions and no license or do you just not like the fact that he's your ex's boyfriend? If you have a legitimate reason, the only way to 'legally' prevent it is to hire an attorney ASAP to file either some sort of injunction or exparte order. If you just don't like the fact he's your ex new squeeze, you're options are to deal with it or be a jerk about it.

Why is remy ma in jail?

Why is remy ma in jail?
she shot her best friend for $2000

Can a non-natural person (corporation) sue a natural person for defamation?

Question

Can a non-natural person (corporation) sue a natural person for defamation?

Answer

Hello. Presumably your issue is that someone is harming, or contemplating harming, the 'good name' or reputation of a certain corporation. The person, or corporation, facing this issue ought to seek private attorney counsel. The attorney will want to know details of the matter and be happy to provide appropriate legal counsel and legal advice and assistance. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.

Phone: 612-296-9666

SLANDER - DEFAMATION LAW

TORT LAW

PERSONAL INJURY LAW

CONSTITUTIONAL LAW

BUSINESS LAW

INTERNET LAW

LAWSUITS

What are the uses of vulcanized rubber?

What are the uses of vulcanized rubber?
Raw Natural Rubber Vulcanized Natural Rubber Soft and sticky Comparatively hard and non-sticky Low tensile strength and not very strong High tensile strength and very strong Low elasticity High elasticity Can be used over a narrow range of temperature from 10 to 60 degrees centigrade Can be used over a wide range of temperature from -40 to 100 degrees centigrade Low abrasion resistance High abrasion resistance Absorbs a large amount of water Absorbs a small amount of water Soluble in solvents like ether) carbon disulp hide, carbon tetrachloride, petrol and turpentine Insoluble in all the usual solvents Raw Natural Rubber Vulcanized Natural Rubber Soft and sticky Comparatively hard and non-sticky Low tensile strength and not very strong High tensile strength and very strong Low elasticity High elasticity Can be used over a narrow range of temperature from 10 to 60 degrees centigrade Can be used over a wide range of temperature from -40 to 100 degrees centigrade Low abrasion resistance High abrasion resistance Absorbs a large amount of water Absorbs a small amount of water Soluble in solvents like ether) carbon disulp hide, carbon tetrachloride, petrol and turpentine Insoluble in all the usual solvents
Vulcanized Rubber is hard and non-sticky, very strong, it has high elasticity, and can be used over a high range of temperatures. It also absorbs a small amount of water.

If a woman is dating a sex offener and she has children that come to her house offen when he (the sex offener) is there is she committing a ...

Question

If a woman is dating a sex offener and she has children that come to her house offen when he (the sex offener) is there is she committing a crime? Can the sex offener go back to prison for that?

Answer

She shouldn't be, but the sex offender could, depending on the conditions of his probation.

Why is radio considered a form of entertainment?

Why is radio considered a form of entertainment?
Eh, because of the music?

We are renting a house with a pool and the pool has some damage not caused by us. The pool guy who is contracted by the rental management co...

Question

We are renting a house with a pool and the pool has some damage not caused by us. The pool guy who is contracted by the rental management company says it needs to be re-plastered. The rental company will not talk to us about it and has told the pool guy that they aren't going to fix it. The pool guy is going to drain the pool today. What can we do? We rented a house with a pool and now I don't know what is going to happen with that. What is your best advice on how to resolve this situation. Lowered rent request? Request to fix pool? and How?

Answer

I'd say the starting point is to determine whether the damage was caused by the tenants or by the passage of time. Pools need periodic maintenance and repair even when not abused, and if this is the situation, then you should go ahead and repair it at your own expense, or in the alternative, rent the property without a useable pool. If you are pretty sure that the tenants are responsible for the damage, then it becomes a question of deducting the repair cost from their security deposit and/or taking them to small claims court (if they won't settle voluntarily). Also, you need to discuss the overall issue with your rental management company, preferably face-to-face rather than by phone or e-mail exchanges. Let them know you expect their pro-active assistance in getting to the bottom of this problem and figuring out who is responsible. After all, this is one of the reasons you pay them a management fee -- the management company probably isn't liable itself, but it is being paid to handle or to assist in handling such problems.

I am a front office manager at a hotel, paid hourly. The general manager stated today that I am on call 24/7, after I punch out from my regu...

Question

I am a front office manager at a hotel, paid hourly. The general manager stated today that I am on call 24/7, after I punch out from my regular shift, and I will not be paid for it. There is no job description in place. Is this legal in Texas?

Answer

Working without being paid is called "slavery" and it was abolished by the 13th Amendment.

When somebody tells you that you're on call 24/7, simply say, "No, I'm not. I will have my phone turned off." As Nancy Reagan said, "Just say no."

My spouse passed away after 2 days in a hospital in Chicago.The total bill was for $517,000.The insurance covered 80 of it.As her husband a...

Question

My spouse passed away after 2 days in a hospital in Chicago.The total bill was for $517,000.The insurance covered 80% of it.As her husband am I responsible for the remainder of the bill.

Answer

Sorry for your loss. Illinois law says yes for necessary family purposes; hospitals know this. The hospital may compromise the deficiency depending on your circumstances but in your situation this is NOT something you may know how to navigate nor would want to, nor do I recommend trying on your own. Depending on other circumstances including the hospital not being willing, bankruptcy relief may need to be considered. If you and your spouse owned any property together, that may be additional reason to consult with a probate attorney. Most are familiar with these end-of-life issues.

My son had a court appointed attorney because he has no job or source of income. His case was completely dismissed because they tried to bri...

Question

My son had a court appointed attorney because he has no job or source of income. His case was completely dismissed because they tried to bring charges 2 years after his arrest (he wasn't even arraigned for 2 years) which was too long a time period with nothing going on. Now they want him to pay his court appointed attorney $500. I thought if his case was completely dismissed that the court was responsible for this fee. Does he need to pay?

Answer

Contrary to what most people think, court appointed attorneys are not necessarily free. Usually they are at a reduced cost which the defendant can be required to reimburse the county for, even if the case is dismissed unless there is a court order stating otherwise. Usually when someone is arraigned that is either included in the initial paperwork or explained to them that they could be ordered to reimburse some or all of their court appointed attorney costs. If your son is having problems paying it, he can probably contact the courts and arrange a payment plan.

A Grandparent left a piece of property with a house on it to me and my two other siblings. I no longer want the property, one other sibling ...

Question

A Grandparent left a piece of property with a house on it to me and my two other siblings. I no longer want the property, one other sibling doesn't care and the other sibling wants the property but is "all talk" when it comes to actually having to pay or improve anything. I'm getting tired of having to fork out money for this piece of property just because one sibling wants it, though is unwilling to contribute. How can I get out of this? I don't want to sign over my portion to the other siblings and they could not afford to buy me out (even if the price was below fair market price. Can I force the other two to sell somehow?

Answer

The answer is bring a partition action. In partition, the court sees if the property can be divided and if not, it is sold to the highest bidder and the money is divided, unless the attorneys are able to work out an arrangement where your siblings buy you out.

Talk to a real estate attorney in the county/state where the land is located about a partition action.

Answer

Your other choice is an expensive one. You can pay a lawyer to sue the other parties for partition. Eventually the court forces an auction sale, which usually costs everyone a lot of money unless everyone agrees (both by the sales price being depressed and by paying for three lawyers).

Can a bar in Connecticut record over a fight in there facility that caused extreme injury to someone?

Question

Can a bar in Connecticut record over a fight in there facility that caused extreme injury to someone?

Answer

What damages were sustained by the Bar or Bar owner?

William J. Lasko

Law Offices of Wm Lasko

482 Summer Street, 2nd floor

Stamford, Conn. 06901

www.laskolaw.net

How long dose a parent in Indiana have to be gone for it to be concederd abandament

Question

How long dose a parent in Indiana have to be gone for it to be concederd abandament

Answer

"Considering it abandonment" rarely has any legal significance. Please repost with information as to why you believe this is important, and your actual question can be answered.

Challenging a trust amendmentLess than 24 hours before his death, my father had an attorney draft and amendment that significantly changed ...

Question

Challenging a trust amendment

Less than 24 hours before his death, my father had an attorney draft and amendment that significantly changed the terms of the family trust. Does the change become immediately effective? How successful do challenges tend to be? (My father was ill, his oxygen level was low, he did not consult any of his normal confidants, and the change broke a promise that he had made to my mother and was one to which she would not have agreed)

Answer

Re: Challenging a trust amendment

I would have to see how the trust and amendment was set up (and if it was done properly), but yes generally they are immediately effective.

With regards to challenging...the legal system does not favor challenges to a trust, so successful ones are not the norm. Most trusts also have a clause penalizing anyone who brings a challenge, and this needs to be taken into account.

On the other hand, deathbed amendments are something I would feel much more comfortable to challenge. It sounds like their might be something to a lack of capacity attack, not to mention issues dealing with community property rights. I would recommend your mother seek out a local attorney, very quickly (most trusts limit the time period you have to file a challenge). It will probably only cost you a consultation fee (if that), and if nothing else give you piece of mind.

How can I get my daughter help for drug abuse

Question

How can I get my daughter help for drug abuse

Answer

How old is your daughter? If she's an adult there is not much you can do.

I live in Windham NH. I recently was taped throwing a bag of garbage in a companies dumpster. I received a call from the Windham Police Dept...

Question

I live in Windham NH. I recently was taped throwing a bag of

garbage in a companies dumpster. I received a call from the Windham

Police Dept asking about the incident. I thought I'd be truthful

and admitted my guilt over the phone. The officer wanted me to come

to the station and sign a letter admitting my guilt. I refused,

hoping the issue would go away. Saturday I was called once again

and asked to come to the station to be processed. I told them no. They

told me there would be a warrant issued to me. I had told the officer I

would re-imburse the Company for my bag. Whats should I do????

Answer

Hire a lawyer

Upon forcing me to resign, a physical check was written to me for severance pay - 1800.00. The following payroll week a direct deposit amoun...

Question

Upon forcing me to resign, a physical check was written to me for severance pay - 1800.00. The following payroll week a direct deposit amount of 107.00 was made into my account as well as the 1800.00 again. Am I liable to return the 1800.00.

Answer

Yes. However, it sometimes happens that your ex-employer's payroll processor overlooks the double payment and it becomes lost. In most cases, it is later found and you'll receive a demand for repayment which, by law, you are obligated to make. If you don't spend the money, you're not obligated to make the first move, i.e. wait for them to contact you. If they never do, it's your sole (or soul) choice to give it back.

My question is about child support I recently got a summons for Childsupport modification she requesting over a thousands dollars a month I ...

Question

My question is about child support I recently got a summons for Childsupport modification she requesting over a thousands dollars a month I have another case as ell I'm paying I responded and have a court date what can I do

Answer

If you are already paying support on a nother case make sure you bring that to the attention of the court. Contact my office for free consultation 727-446-7659

Answer

1 Hire an attorney

2 Appear in court

3 Bring proof of payments in 2nd case.

4 Mom may ask for anything but child support is based on mathematical formula, it is what it is.

Answer

In a situation like this, it is important to make sure that the Court is aware of your other child support obligation. You will want to bring a copy of the Order from that case, along with proof of paying the support.

Answer

You need proof that there is another support order which you are paying. Given what you stand to lose, you may want to consult with an attorney who can review the Modification Petition, your Response (which may need to be Amended), proof of your current income and the other child support order. It may be that the amount she is requesting is not justified based on your income.

These cases are very fact specific. You need to make sure that you have proof of your income and of the other child support order.

I may have contracted neuropathy from mold in the house we bought. We were not aware that the roof came off during the 2004 hurricanes. The ...

Question

I may have contracted neuropathy from mold in the house we bought. We were not aware that the roof came off during the 2004 hurricanes. The real estate company didn't tell us but a neighbor did. If doctors say mold is causing this, can I hold REMAX responsible?

Answer

Did REMAX make a misrepresentation to you - or did it simply fail to disclose? See an attorney and bring your paperwork.

I got ran off the road bye my step kids grandpa and father and I wreaked my SUV and there was damage I filed report what can I do they alway...

Question

I got ran off the road bye my step kids grandpa and father and I wreaked my SUV and there was damage I filed report what can I do they always get away with stuff like this.

Thanks

Christine

Answer

That is a crime. Did you call the police? That is called aggravated assault with a deadly weapon.

I received a summons for credit card debt in Florida. I am the sole wage earner for a family of 4. My understanding is that they can't garni...

Question

I received a summons for credit card debt in Florida. I am the sole wage earner for a family of 4. My understanding is that they can't garnish my wages since I would be the only income. Is this true and do I have to prove it?

Answer

First, hire a consumer lawyer. Many of these cases can be defended. See my website for a NACA lawyer in your area and a discussion on garnishment. See www.ConsumerLawyerHelp.com

A friend of mine passed away a year ago. She was buying a home prior to her death, signed a quit claim deed (in front of the lawyer who is...

Question

A friend of mine passed away a year ago. She was buying a home & prior to her death, signed a quit claim deed (in front of the lawyer who is now handling her estate) giving the house to her significant other & three of her brothers. The quit claim deed wasn't filed with the county clerk until after her death. Her significant other still resides in the house & has been paying the mortgage payments. The lawyer is now saying the heirs may have to sell the house in order to pay off the credit card debt my friend left behind. None of the parties involved were co-signers of any debt. Is the house considered part of her estate because the quit claim deed wasn't filed with the county clerk prior to my friends death? Can credit card companies force the heirs to sell the house in order to pay off the credit card debt?

Answer

I suggest you contact an attorney specializing in estate matters. The recording of the deed relates back to the date of signature on the deed, but only as to the parties on the deed.

The relation back will not be effective against estate creditors. Working with a specialist will assist the parties in determining what needs to be done.

my husband has been to jail twice for domestic battery. IWe have been married only 3 years i want a divorce cant handle the violence no more...

Question

my husband has been to jail twice for domestic battery. IWe have been married only 3 years i want a divorce cant handle the violence no more am i entitled to anything

Answer

Indiana law has a rebuttable presumption that all property( with a few exceptions) brought into a marriage and acquired during the marriage will be divided on a 50/50 basis. The court has discretion to award more or less dependng on the circumstances. Your husbands violence has no impact upon the court's award.

Carla sells Chad a stereo system and accepts a promissory note from Chad as payment. The note is due in six months and contains an agreement...

My first possession of a controlled substance under a gram a third degree felony enhanced to a second degree felony will I go to prison

Question

My first possession of a controlled substance under a gram a third degree felony enhanced to a second degree felony will I go to prison

Answer

Poss of a controlled substance under PG1 under a gram is a state jail felony. State law requires the court to give probation or deferred adjudication if there are no priors. Enhancement to the next level takes this to a Third degree felony.

Whether or not you will go to prison depends on you, the judge, your lawyer, the prosecutor and perhaps a jury.

A person attempted to file a false restraining order against me, It was denied with prejudice. Months later they are attempting again, I fou...

Question

A person attempted to file a false restraining order against me, It was denied with prejudice. Months later they are attempting again, I found a summons in my boyfriends mailbox. Why is she able to file again? I am the transportation for pick up and drop off in a child custody for the father of their child she is trying to prevent the pick ups.

Answer

Anyone can file a petition for a restraining order. Winning it is another question. When you go to court remind the judge of the prior action.

Answer

I suggest you raise the issue by at least filing a notice of related cases. You will need to prepare at least two of them for filing, and file them with each case. You should also raise the issue in your opposition to the request for a restraining order.

The system is one of those systems that helps those who help themselves. The clerk does not check a complaint to see if it should or should not be filed. They pretty much accept everything that is in a reasonably readable format and for which the filing fee is paid. It is up to the litigants themselves, and their attorneys where represented, to raise the appropriate issues with the judge - such as the fact that there was a prior restraining order denied by the judge with prejudice.

How old is tae heckard?

How old is tae heckard?
28

I received a trffic violation for driving a commercial vehicle without a cdl. They are requiring me to appear in court in Georgia but I live...

Question

I received a trffic violation for driving a commercial vehicle without a cdl. They are requiring me to appear in court in Georgia but I live in California. They won't allow me to simply pay it online. What do I do now?

Answer

Plan A: Hire a lawyer and see if the lawyer can negotiate a plea in absentia. You will not be able to do this without counsel.

Plan B (if plan A fails): Buy a plane ticket. If you don't show up, expect a warrant for your arrest.

I was served a civil summons for a minor car accident which occurred over a year ago. The details are that I called my insurance company at ...

Question

I was served a civil summons for a minor car accident which occurred over a year ago.

The details are that I called my insurance company at the time, and they informed me that my coverage was inactive at the time. I had a minor

fender bender on 2.8.2013. There was no police report filed that I recall, and no damage to my vehicle. From my memory I do not recall damage to the other vehicle. I have asked a friend of mine who is a lawyer in Florida, and he recommended I seek help from someone in the jurisdiction of NC. My friend said that a judgement may have been filed, which I do not fully understand what that entails. I have missed the deadline because I did not hear back from insurance company until it was too late. I also don't understand the amount I'm being sued for since there was seemingly no damage. I was slowing down for a light in approaching traffic. Rearended him going max 20mph.

Anything you can do to assist me would be greatly appreciated.

Look forward to hearing from you.

Thank you,

Answer

You have posted in the wrong area. You need an insurance defense/auto accident lawyer and quickly. I suggest that you find one in your area now.

What is required in an addendum to a living trust to be considered legal besides a notary and signature?

Question

What is required in an addendum to a living trust to be considered legal besides a notary and signature?

Answer

You need to refer to the part of the trust that you are changing, for one thing. Otherwise you run the risk of some judge down stream reading the amendment as cumulative rather than amending, and creating a result you did not intend.

Answer

An addendum and an amendment are not the same. If an attorney created the trust, you should consult with an attorney if you are making changes.

My daughter has joint custody of her 2 children. The father is taking her to court for full custody. Father has lots of money my daughter no...

Question

My daughter has joint custody of her 2 children. The father is taking her to court for full custody. Father has lots of money my daughter none. He hired a lawyer, she has no money to do the same. To keep this simple in the state of California how hard or easy is it for him to get full custody? Yes she is a great mom and her children want to stay with her. If she has no lawyer what are her chances of keeping her kids?

Answer

You do not say what county your daughter lives in. You might check with the county bar association to see if there is a free attorney that may be able to help her. In California there is a presumption in favor of joint custody so her ex will have to have a good reason to get sole custody.

If I am a minor at the time of an offense and charges are pressed after I turn 18, will I be tried as an adult for the offense?

Question

If I am a minor at the time of an offense and charges are pressed after I turn 18, will I be tried as an adult for the offense?

Answer

Most likely depends upon the seriousness of the alleged offense from the

perspective of the prosecutor.

I am self-employed, and do not receive regular wages (if any), as I own an LLC in GA. However, I recently received a garnishment letter from...

Question

I am self-employed, and do not receive regular wages (if any), as I own an LLC in GA. However, I recently received a garnishment letter from the company servicing my student loans, requesting my "employer", which is me, to garnish 15% of my wages. Now I haven't yet made it to a position where I can give myself regular wages, so I'm not sure how to handle this. Clearly the student loan company doesn't know that I'm self-employed. How can they garnish wages if there is nothing to garnish? What are their options in this case? What are my options?

Answer

They can't. There is nothing to garnish. Depends on what they want to do and how far they are willing to go - I guess they could get a charging order against the LLC and direct that any payments to you will be subject to garnishment and it may not be at 15%.

I suggest that you talk to a local lawyer who specializes in dealing with this to see exactly what kind of student loan debts you have and what your options are for dealing with it. Absent hardship, most student loans are not dischargeable in bankruptcy. For federal student loans, there is no statute of limitations so these have to be resolved. They are not going to get any smaller.

Your best bet, rather than garnishment, would be to work out some kind of voluntary arrangement consistent with your finances. The loan servicer probably will want a financial statement from you though.

Met a man on craigslist. Was getting paid for dates and sex. He accused me of stealing money from him and was pressured into signing a writt...

Question

Met a man on craigslist. Was getting paid for dates and sex. He accused me of stealing money from him and was pressured into signing a written contract stating that I would pay him back for $ that "borrowed" without permission. If I miss a payment or don't pay him he is threatening to go to the police. Does he truly have any legal recourse?

Answer

If you signed a promissory note, yes he can enforce it. The illegality of the transaction could hurt you both criminally, but this civil matter could be enforced.

If I had a construction contract that included payment of my car was breached I'm taking to small claims court can I sell that car even th...

Question

If I had a construction contract that included payment of my car was breached & I'm taking to small claims court can I sell that car even tho I've not been served

Answer

What? You need to do better explaining your situation and asking your question.

Answer

I need much clearer facts to give informed advice

What are specific characteristics of the different forms of mass media?

What are specific characteristics of the different forms of mass media?
Characteristics of Mass MediaThis is a great website to visit to learn about all the characteristics of the different forms of mass media:
http://en.wikipedia.org/wiki/Mass_media
Here are more opinions and answers from other WikiAnswers Contributors:If I understand the question correctly, newspaper or print media is for the person who can read leisurely and at will. TV is for people who are structured and organized and who follow a schedule (i.e. TV Guide). Radio is for people who want to be informed or entertained, but are too busy with their hands to read, like driving or working. Radio is also easy on the eyes like when laying in bed at night....Next!
____________-a network tv show is the actuall answer u are looking for

in Pennsylvania is there a time limit on how long you have to take someone to court who has done damage to your car and refuses to pay for it

Hello,My fiancee's grandfather passed away in January 2014. He left shares of stock to his kids and grandkids, with his daughter as executri...

Question

Hello,

My fiancee's grandfather passed away in January 2014. He left shares of stock to his kids and grandkids, with his daughter as executrix. His wish was to give the shares to each of the family members.

My fiancee's uncle owes substantial back taxes to the federal government and knows that if he was to receive his shares, those assets would likely be siezed. He is therefore refusing to give delivery information for his shares, delaying the estate being settled.

I have two questions about this:

1. Can the executrix disburse shares to all other beneficiaries and leave his in the account until he gives delivery information (they are all receiving same number of shares, so the valuation should be irrelevant).

2. Is there any way to force delivery of the shares to him?

Thank you!

Answer

The executrix can distribute to all other heirs and hold the shares going to this beneficiary. Normally, to avoid any complications, she could seek Court approval. However, the Court would probably require she alert IRS to the potential distribution. She might consider turning the shares over to the State Unclaimed Property Fund and let him claim them some time in the future. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

I have several rental houses and have asked my attorney to stop working on all my cases. He is now invoicing me for his time relating to Mot...

Question

I have several rental houses and have asked my attorney to stop working on all my cases. He is now invoicing me for his time relating to Motions to Withdraw. Is that legal? Do I need to pay him even though I told him to stop working on all my cases?

Answer

If he is attorney of record in your cases, he is required to withdraw as per your request. It is appropriate to continue to bill you until the withdrawal occurs.

I want to revolk a plea that I took. I have a recording of ny lawyer promising me my childre would come home if I take the plea, plus he tol...

Question

I want to revolk a plea that I took. I have a recording of ny lawyer promising me my childre would come home if I take the plea, plus he told me I was gonna loose if I go to trial and that he wouldn't be there or defend me. What do I do the plea has been made and excepted and the prosecutor and my lawyer both lied. How do I revolk my plea and go to trial still and get my lawyer and the prosicuter in trouble? They had me take plea to convict my husband in a criminal case so I couldn't defend him and he didn't do what he is charged with. Please help.

Answer

Is your case in Wexford County? Are you ready to hire an aggressive attorney to fight for you? It sounds like some bad things are going on in your case and your husband's case. You don't have to tolerate unlawful or unethical conduct. Call our main office on Monday at

1 866-766-5245. We've helped thousands of people all over Michigan.

www.KronzekCronkright.com

I am solely named as a beneficiary in a will (not my spouse) and inherit a substantial sum of money. It is likely that I will be divorcing s...

Question

I am solely named as a beneficiary in a will (not my spouse) and inherit a substantial sum of money. It is likely that I will be divorcing soon and the inheritance will take place prior to the divorce. If I keep the money in accounts only in my name, but use a portion to pay of PERSONAL (only in my name - my husband is not a cosigner or on the card) credit card debt acquired during the marriage (written from an account only in my name) - does the entire inheritance become "commingled"? If I use a portion for my children's college - does it become commingled?

Answer

It won't be "commingled", but that doesn't mean the court can't divide it in some fashion. That would be unlikely, since the inheritance will come shortly before the divorce is started (even better if the divorce papers have already been served by then), but the longer the inheritance has been received, the more likely it will be treated as marital property (I don't mean weeks, I mean years).

I am fighting a law suit from Midland Funding and they filed an At-Issue Memorandum for Trial Setting representing to the court that "all di...

Question

I am fighting a law suit from Midland Funding and they filed an At-Issue Memorandum for Trial Setting representing to the court that "all discovery has been completed." I filled a counter memo representing to the court that "discovery was not complete" and then served on the plaintiff my demand for documents. I got back a bunch of copied paperwork, alleged statements, etc. but no smoking gun to prove their case and responses to that effect of "Plaintiff has conducted a reasonable and diligent search of its records and does not have documents responsive to this request in its possession or control. Investigation and discovery are ongoing and plaintiff reserves the right to supplement or amend this response."

Here is my two part question: if they represented to the court that "all discovery has been completed" on their part then how can the tell me discovery is still ongoing? Could I file a motion to dismiss based on the fact the plaintiff has no proof or "lack of standing"?

Answer

Midland may well have thought discovery was complete at the time it filed its at-issue memo, since you served your inspection demands after they made that statement. Obviously, discovery was indeed "ongoing" at the time Midland wrote the second document. In any event, I cannot see where any change in position would have any impact on your litigation.

It is impossible to tell you if you have any reasonable chance of success on any sort of dispositive motion, without reviewing the pleadings and all the evidence. In any event, your motion would we one for "summary judgment," or "summary adjudication of issues," and not a "motion to dismiss."

I was rear-ened in a car accident and went to see a chiropractor for about a month after the accident. The Dr. bills total $1,925 and I was ...

Question

I was rear-ened in a car accident and went to see a chiropractor for about a month after the accident. The Dr. bills total $1,925 and I was offered $1,000 for my pain and suffering; making the total settlement offer $2,925. My question is if that is a fair offer? Thank you.

Answer

It's typical of what you can expect, yes. Your alternative is to go to small claims, where you might not do much better.

Answer

More facts are needed. Did you miss work? Do you still have pain, etc. Insurance companies ALWAYS try to nickel and dime and pay as little as possible. Call an attorney to help you. We can almost always get your medical bills reduced.

I live in florida and I am renting a condo here. I was going to move and had voiced that to my landlord. I did not give a written notice. I ...

Question

I live in florida and I am renting a condo here. I was going to move and had voiced that to my landlord. I did not give a written notice. I told her I changed my mind and was staying. She told me that I still had to move or she was going to evict me. Does she have a legal right to do so?

Answer

As a month to month tenant you can be evicted at anytime. FS 83.57 controls.

Answer

Your lease controls. Do you have a written lease? If not, then you have a tenancy by whatever period you pay your rental. If monthly, than 15 days notice is all that is needed to terminate.

How do you find out what traffic violations or bench warrant you have in New York State?

Question

How do you find out what traffic violations or bench warrant you have in New York State?

Answer

You can see your license status by ordering a copy of your NY Driving Abstract. It costs $10, and can be either ordered online at www.nysdmv.com or you can pick it up at any DMV.

Unfortunately, there is no easy way to see any open summonses or warrants (you can always call the courts where you think you might have issues).

A tenant moved into my property Wednesday, 1/22/14, had utilities turned on, paid deposit and prorated rent. Contract was to be signed Satur...

Question

A tenant moved into my property Wednesday, 1/22/14, had utilities turned on, paid deposit and prorated rent. Contract was to be signed Saturday, 1/25/14. Friday, 1/24/14, tenant called to say they would be moving out on Saturday. Do I have to return the deposit and prorated rent?

Answer

If there is no lease, it is a tenancy at will and the tenant normally has to provide 30 days notice. You could take the position they owe through February 23. Obviously, it is (or should be) a lesson learned about getting a lease signed in the beginning. You should be familiar with this book if you are going to be a landlord. https://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

My father signed for my sister's property and mobile home back in 2002 because she had bad credit. My father's name is Fred V. Thomas Jr and...

Question

My father signed for my sister's property and mobile home back in 2002 because she had bad credit. My father's name is Fred V. Thomas Jr and my name is Fred V. Thomas III. My dad passed away in 2002. My sister defaulted on the loan for the mobile home and property because of job loss in 2004. A law firm has been harrassing me to pay $18,000.00 in back taxes on the property in which I had never even stepped foot on much less signed for it...They have been threatening me for (2) years even though I tried to tell them that my father signed for it and not me..My sister went to the Court House in Liberty County and gave them my SS# and my fathers death certificate.I even called them and they refused to even listen to me..They are still coming after me and have begun to go into my private affairs and audit me..This situation has caused me extreme mental anguish so much that I have increased my dosage of Clonazepam for anxiety..I think shortly that they will move into the realm of garnishing wages and collecting my tax return..I am innocent. Is there a way that I can counter sue for being falsely accused?

Answer

It is against the law to try to collect a debt from someone who doesn't owe it.

Get a lawyer and sue these bums under the fair debt collection practices act.

Is there a "Legal Form" that I could use to notify the Plan Administrator that there is a QDRO forthcoming?

Question

Is there a "Legal Form" that I could use to notify the Plan Administrator that there is a QDRO forthcoming?

Answer

no just write a letter. A lawyer should prepare the QDRO

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

[email protected]/* */

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

if i got ordered to pay my exs atty fee, per phone call she stated id have to pay her 4k, by the time the order was printed it said 5k, does...

Question

if i got ordered to pay my exs atty fee, per phone call she stated id have to pay her 4k, by the time the order was printed it said 5k, does virginia have a mandated amount or did no one bother to ask her. of course she didn't correct them either? sad part is, i won my judgement, this was off a counter spousal suit for him so i think she's trying to either save him 1k or split it....either way it reeks of unethical or even illegal. what can i do?

Answer

A court order is a court order, if you and your attorney think its BS - appeal. Otherwise, either pay up or be prepared to pay the consequences' for failing to comply with the court's order. And BTW if this is a Virginia order - you need to ask your question to Virginia attorneys - their laws may be different.

I have a judgement that is 20 years old in IL but 6 years ago they filed an extension good for 7 years so do I have to wait for that to be o...

Question

I have a judgement that is 20 years old in IL but 6 years ago they filed an extension good for 7 years so do I have to wait for that to be over in 2014 or does the judgement automatically end after 20 years.

Answer

Judgments end after 20 years period.

Did homo habilis draw art?

Did homo habilis draw art?
yes they did they draw people animal tools

What is the largest county in the world in square miles?

What is the largest county in the world in square miles?
Russia - 6,601,668 sq mi.

My daughter is going thru a divorce , Her soon to be ex has medical bill that he has had before they were married and after . He was suppose...

Question

My daughter is going thru a divorce , Her soon to be ex has medical bill that he has had before they were married and after . He was suppose to be making payments , but he wasn't . So they came after her. They told her she had to make payment arrangements or the will garnish her wages she agreed for the fact they were still together , but now since they are getting a divorce . She called them and told them she wants to stop making payments and to have him make the payments since hes getting disabilty checks now , They told she would have to pay until the debt is paid in full, and if stops they will take her to court and start the garnishment. Does she have the right to stop making payments.

Answer

In Ohio, no creditor can garnish anyone's wages until the creditor sues the debtor in court and gets a decision in the creditor's favor. If you daughter's name is not on the account, then they are going to have a difficult time proving that she is responsible for the amount owed.

As for the significance of the divorce, the divorce court will divide up the assets and liabilities of the marriage into two categories: Marital and Pre-Marital. Any debt or asset that is marital will be divided between the two parties to the marriage. Any debt or asset that is Pre-Marital will not be divided between the parties.

If the divorce court orders one party to pay a debt and that debt is not paid in accordance with the Court's order, then the wronged party can ask the divorce court to hold the non-complying party in contempt of court for failure to follow the court's order.

In 1998 a court order issued ordering someone to make a quick claim deed to me. They have never done this and to this date I have not attemp...

Question

In 1998 a court order issued ordering someone to make a quick claim deed to me. They have never done this and to this date I have not attempted action. Now due to circumstances I need to have that order enforced. Is it still valid?

Answer

There is no such thing as a "quick deed." Did you mean quitclaim deed? There is no way for us to tell you if your order is valid or enforeceable without seeing the order.

Answer

It may be but, depending on the type of order, your next best step could be one of many. Find a lawyer in the field where this order was entered and go and see them. The may recommend anything from going back to court to simply sending a letter demanding that the deed be signed and forwarded to you.

What distance can you hear a stereo?

What distance can you hear a stereo?
Depends on the decibel level your stereo produces and the ambient noise present in the location. I.E. if you were in a crowded city and you had a competiton stereo at full blast, best case would be 5 blocks or so, if you were in the country upwards of 1/4 mile.

I'm separated. 2 minor children live with wife. She won't answer my calls or texts to discuss children. What can I do?

Question

I'm separated. 2 minor children live with wife. She won't answer my calls or texts to discuss children. What can I do?

Answer

You would file for divorce, legal separation or a custody action and, as part of that action, seek to resolve by agreement, mediation or litigation, the parenting and support issues. Until that occurs, care of the children is a nasty tug of war with the children in the middle. You would be wise to retain counsel.

my husband and i have been seperated almost 6 years the last maybe 2 whole years they lived with him. for the last 6 months or so hes been p...

Question

my husband and i have been seperated almost 6 years the last maybe 2 whole years they lived with him. for the last 6 months or so hes been preparing to move out of state and take my 2 younger daughters they r 14 and 15 yrs old well he has yet to say a word to me i only know because my girls told me just found out hes planning on leaving this friday my youngest does not want to go all she wants to stay here with me and the oldest who is almost 20 i called him and ask him was he gonna say anything to me he sd what for and there was nothing i could do he was going and taking my daughters whatcan i do?

Answer

Unless the two of you have some kind of court order in place regarding custody, neither one of you has any more right to the kids than the other one does. That's just for informational purposes, and I want to make it clear that I'm not advising you as to what you should do. One option that might strengthen your position a bit (though admittedly it's VERY last minute at this point), would be to file what's called a SAPCR case ("Suit Affecting Parent-Child Relationship"), asking for custody of the kids, child support, etc., and make sure both that he knows about it before he leaves and that he is aware that it is a felony offense to leave the state with the intention of permanently removing a child from the court's jurisdiction if you are aware that a SAPCR had been filed--even if there are not temporary orders in place yet. Realistically, if he's leaving Friday, you'd have to do all of this tomorrow (get the SAPCR petition filed and give him a copy with witnesses who'd be able to confirm delivery), so I don't know how feasible that's going to be for you, practically speaking. Maybe you can get lucky and find an attorney who can take care of the initial filing and notice very quickly tomorrow, and then again, maybe not. Good luck.

Hello, I have been with my new job for a few months. The second week of March, it was already payweek. I received a direct deposit from the ...

Question

Hello, I have been with my new job for a few months. The second week of March, it was already payweek. I received a direct deposit from the company as well as a check in my name. I cashed the check because it was in my name and addressed to my home. On the 22nd of April, I went to go check out how much I had gotten paid since rent and utilitiy payments were right around the corner. To my dismay I saw that I had only recieved 46.71 for a total of two weeks of work totalling up to 76 hours. We get paid tipped wages at 4.91 an hour. This math adds up to me being only paid .61 cents an hour. I tried to get this situation resolved with not one but three managers. The general manager blew it off to being my fault with tip miscalculations. This was not true as I entered in my tips after I got off every shift to what was given to me after I signed our tipped out book. The third manager whom helped me out told me that the check that was in my name was meant for another coworker and was therefore deducted from my latest paycheck. How am I paying for someone elses mistake? Why would it be taken out of my wages for a fault on someone elses accord? I did not recieve any sort of notice to this at all so it blindsided me around the time my bills are all due.

Answer

Dear Sir/Madam:

Your question has the following issues.

1. Have you been paid the Federal Minimum Rate?

2. Was a deduction from your paycheck correctly applied?

With respect to the first question. The Federal Law in conjunction with Florida law provides minimum wage for tipped employees and minimum wage. That means that an employee can be paid less than the minimum wage and allowed to credit his/her tips to bring the minimum tipped wage up to the general untipped minimum wage.

The standard is applied over a one week period. As such if you were paid 4.91/hr which represents the minimum tipped employee minimum wage you would have to calculate the number of hours for each respective week and divide your gross pay (including tips) for that week by the number of hours worked. (ex. received $300 for 40 hrs) now if that number is let's say 300 and you divide that by 40 hours the result is $7.50/hr which is under the Minimum Florida wage which is 7.91. Now if you got paid under the minimum wage regardless if you did not make the tips your employer is required by law to supplement that portion to bring your pay to the minimum wage level. If they have failed to do that they might have violated the Fair Labor Standards Act.

Furthermore, an employer is supposed to give a disclosure to employees at the time of hire on whether they would use a tip credit and how is that going to be computed. If the employer failed to do that it broke the law.

Another thing is that if the tip on the bill comes in the form of a service charge (imposed to client, or pre-printed tip) then the employer cannot use that as a tip credit and is a bonus and the employer has to supplement even more your salary to meet the minimum wage. In your situation a competent attorney would have to evaluate your paystubs and your records and make the correct determination.

With respect to the second issue of deducting from your pay. Any deduction made from an employee's paycheck except for withholding Federal and/or State mandated withholdings (which are approved by you at the time of hire) have to be presented and subject to clarification by the human resource department which in your case was not made.

You should seek the services of a competent attorney who on more thorough examination can determine the strength of your claim.

On issues of labor law most attorneys will not charge you a consultation fee and they will not charge you a representation fee to file a claim against your employer. If your employer is found guilty for failure to obey the labor law the attorney will earn its fees from the employer as the federal statutes provide for attorney's fees should you prevail.

Should you need further information or you can contact my office for a free consultation.

Sincerely yours,

Daniel Lenghea

How do I handle a florida warrant misdemeanor if I live in georgia?

Question

How do I handle a florida warrant misdemeanor if I live in georgia?

Answer

Get a Florida attorney that handles cases in the area where the warrant originates. Many times the attorney can work it out without you having to return.

I have an employee who had surgery on should/arm due to recreation motorcycle wreck. He has a doctor release with restriction of no use of a...

Question

I have an employee who had surgery on should/arm due to recreation motorcycle wreck. He has a doctor release with restriction of no use of arm he had surgery on. If reinjured upon coming back to work can he apply for and does this qualify for Second Injury fund in the state of Missouri? Is this what the Second Injury Fund is set up to do. The type of work involved is office/custodial work.

Answer

Not any more, I believe after 01/01/14 the pre-existing injury has to be a work injury or an armed service injury.

Hello there. This is a question I have been wrestling with for several years. I am 61 and my husband is 67. He decided at 62 that he would r...

Question

Hello there. This is a question I have been wrestling with for several years. I am 61 and my husband is 67. He decided at 62 that he would retire and he did. With 200 a month retirement benefits and 1300 social security. This left me with no medical insurance, no life insurance .... Basically nothing . I work full time as a groomer and have fibromyalgia and arthritis and this is very hard on me. I've been told many times to leave him because he just doesn't worry about this situation and his mom has bailed him out over and over. I just hate the whole thing. I have begged to work parttime.

Here's the question: his mom is a multimillionaire. We have been married almost 40 years. His mom is 95. If I left him, would I lose any chance of part of the inheritance? I'm not a gold digger or anything like that. But I have "raised" my husband for 40 years and watched him change jobs over and over. I'm really weary. He only has one brother and I feel that I can't give up the hope of part of the inheritance but wondered if there is a law that would guarantee me some kind of retirement from the inheritance. Thank you so much for your help! His mom lives in Ohio Debbie

Answer

Unfortunately there is nothing that would guarantee you a part of his inheritance, unless his mother left it to you. Anything that a person receives in Texas by inheritance is that person's separate property.

Answer

No. If you left him, you'd be out of luck in most cases. His mother probably has a will, and the will would control who gets her estate. If her will lists you specifically, you're in. If it doesn't list you specifically, you're out. If your husband receives an inheritance, it's his separate property, even though you've supported him all these years.

You can hope for alimony, but that's more of a question for the family law section of the board.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

i resently applied for a loan to purchess a home. I was approved but the home owner had to make improvements to the house before he could se...

Question

i resently applied for a loan to purchess a home. I was approved but the home owner had to make improvements to the house before he could sell it. He took over 4 month to make the improvement and in that time i have located another house that better suits my needs. i am being told that if I don't go ahead with the purchess of the first house, that I can be sued for the cost of the improvements. Is that true?

Answer

It depends completely on the purchase contract you signed, it is possible if the agreement allows it.

I am on a month to month lease in Genesee County and gave notice to vacate on Jan 6th, 2014 to move on or by Feb 9th, 2014. There was no mon...

Question

I am on a month to month lease in Genesee County and gave notice to vacate on Jan 6th, 2014 to move on or by Feb 9th, 2014. There was no month to month agreement in place. The landlord is requesting that I pay the full month of February or a double daily rate for 10 days of proration. Is this legal?

Answer

It depends on what type of lease agreement you had--e.g. was it 6 months, a year, etc? And mainly, it depends on what the written lease states or what the agreement was. If you overstayed your lease and you didn't agree to a new term, then it automatically reverts to a month to month lease.

I had my jewelry thrown away at a local hospital when I had surgery done in April, they have not contacted me yet about reimbursing me, is t...

Question

I had my jewelry thrown away at a local hospital when I had surgery done in April, they have not contacted me yet about reimbursing me, is there anything I can do?

Answer

I would obtain an attorney to review the situation and correspond with the hospital. if you can get information or appraisals as to the jewelry that was hrown away it would be helpful.

I am a Computer Programmer, working in Washington DC, I have been working for the past 10 years for the same company, initially came to the ...

Question

I am a Computer Programmer, working in Washington DC, I have been working for the past 10 years for the same company, initially came to the company as an independent contractor being paid hourly $86 an hour, the contract expired after the first year and was not renewed, but continued working with no contract, until now. Four years ago the company was purchased by a very large corporation, which did not want Independent contractors, my assumption is to avoid IRS liability, and wants only employees, and hence is putting a lot of controls like no pay for over 40 hours work but forced to take comp time and have made it very difficult to stay on board, I guess their main goal is for me to leave, them not having a contract in place to either fire or terminate. My questions are, given the fact I have no other clients, and they control my hours and place of work, and assignments, and feel as if I am an employee fully controlled, but have no benefits as all of my other friends at work. I have done a lot of reading online but still have a lot of questions not answered:

1.Would this qualify as Independent Contractor misclassification ? In the court system would I be awarded compensation for taxes and benefits ? What re my legal rights and potential monetary legal compensation ? Is my case covered under the health care reform in regards to me being covered by health insurance ?

2.Given my hourly rate, I read the DOL acts which seem to apply to minimum wage hourly earners, does any of the fair labor acts apply to my case ?

3.Lately I have been forced to sign an independent contractor agreement backtracking to 4 years ago, not sure why ? I have not signed ? What to do ?

4.What are my choices other than just leaving ?

Answer

The contract/employee dilemma

This is not a tough question at all. If the employer controls the method and manner of work, as well as the location, more likely than not you will be able to make them recognize you as an employee. This is especially true where there is no contract between the parties.

DO NOT SIGN ANYTHING WITHOUT SPEAKING WITH AN ATTORNEY. Gee, I wonder if that was distinct enough.

I have personal experience in this field -- I own a technology company AND a law firm. I truly understand the breadth of the problem you face. Give me a ring and let's discuss your options. We can help. 703-402-2723.

last weekend i was woken to my 23 year old son beating up something in the front yard at 2:00 am after a party he went too. when he came int...

Question

last weekend i was woken to my 23 year old son beating up something in the front yard at 2:00 am after a party he went too. when he came into the house he continued to punch holes in the walls and destroy everything in my fathers bedroom. when he turned his agression on everyone in the house, including raising his fists and threating to hit me. i was left with no choice but to call 911. because he was punching and breaking the windows in the house i went up the street for safety and it just so happens my sons friend was outside and let us sit on the porch. well 5 minutes later here comes 3 sheriffs they get out of their cars and tell me i have a warrant and when i asked when it was issued they told me you know when it was issued and started harrassing me. You see one of them asked the other, "oh you knew the address thats why you wanted to come over". Then all three gather around me and ask me so what is your father in prison for? I told them I didnt feel like answering it. Then one of them says out loud yeah he is in there for child porn. So they stick me in the car iand i keep asking when was the warrant issued and the one driving tells me i will tell you in a minute. He takes me to the jail and they book me after 12 hours they release me on a whole separate charge of under the influence and gave me a court date in a month. Now they never arrested my son who I had to call 911 on and they arrest me first telling me i have a warrant. Then releasing me on a false charge is there anything I could do about this?

Answer

It sounds like you might want to contact an attorney who handles police abuse cases. I'm not sure how you might be held for "under the influence" if you were not driving but were sitting on a neighbor's porch. In the meantime, you might consider obtaining a domestic violence restraining order against your son if you fear for your safety.

My ex-husband has filed again to reduce spousal and child support. I am confident they will at least reduce the child support since he has b...

Question

My ex-husband has filed again to reduce spousal and child support. I am confident they will at least reduce the child support since he has been laid off from his job and also has since adopted one of his wife's children. The documents were filed on August 1, 2014 but I just received them in the mail today. The hearing is for September 11, 2014. Do you think I would be granted an extension so I can have more time to prepare? It looks like there are five different motions and I do not have and cannot afford an attorney but would like time to understand, prepare for and correctly respond to the motions prior to the assigned date. Also, do they make these modifications retro-active? He's not paid any support since having been laid off on June 30, 2014.

Thank you

Answer

You should immediately notify his attorney of the need to put the matter over. The attorney might request that any support order to be retroactive to the date that they filed the motion. Please meet with an experienced family law attorney to explore your legal options. This area of law is complicated and there are a number of legal principles that pertain to your situation.

is a speeding violation a misdemeanor?I underdsand that some traffic violations are considered misdemeanors such as reckless driving....

Question

is a speeding violation a misdemeanor?

I underdsand that some traffic violations are considered misdemeanors such as reckless driving.

Answer

Speeding is a simple misdemeanor.

Can I use text messages between me and my spouse and voice recordings of abusive behavior against myself and children in court?

Question

Can I use text messages between me and my spouse and voice recordings of abusive behavior against myself and children in court?

Answer

Maybe; but only if you lay the proper foundation and carefully follow the new Rules of Evidence in Georgia

Better yet, hire a good family lawyer

Call my office: 770.985.6773 (answered 24x7)

Ralph

Answer

If you represent yourself, probably not, as you will not know how to introduce them under Georgia's new rules of evidence. With a lawyer, maybe. Feel free to call my office for help 404-768-3509 and visit my webpage at www.glenashman.com.

If u take a plea of being guilty cause u was scared. Can u take your plea back

Okay, so, I signed a contract when I was hired. It gives my compensation package of 10/hr and states my employment would be for a year then ...

Question

Okay, so, I signed a contract when I was hired. It gives my compensation package of 10/hr and states my employment would be for a year then can be renewed. It also states that if I quit and don't give thirty days notice all my wages and commission will be lost for that pay cycle.

However, recently I was put on a monthly salary of 1200 dollars a month. I did not agree to this verbally or in a new contract. Im curious if this is a breach of contract on the part of the employer? I believe it is since my pay amount was clearly stated in my contract of X amount of dollars for every hour of service.

Thank you.

Answer

You should retain legal counsel to review the "contract." The key issues that need to be analyzed are whether you actually had a contract and whether you were an at-will employee or an employee with a valid written contract for a specified term.

My family owes shares of a private company in California. I believe they are common stock but they might be preferred, I can't remember. Any...

Question

My family owes shares of a private company in California. I believe they are common stock but they might be preferred, I can't remember. Anyway, the company was bought out by another company that I believe is also private. What rights do we have as shareholders in this transaction? We've been trying to recoup our investment for over ten years and would be elated if we could do that as a result of this buyout.

Answer

First, transactions in which one company acquires another will fall into one or the other of two basic types: acquisition of assets or acquisition of stock. Within each type, there are variations, including whether all assets or stock are acquired, or just a majority; whether there is a merger (and if so whether it is "X into Y" or "X and Y into Z, a brand-new entity).

Next, the payment made by the acquiring company may have been cash, stock or both. If the deal was acquisition of stock, you should have received your pro-rata share of the cash or stock received. Often, you are required to take some action such as tendering your shares for exchange or redemption, and it's possible your family wasn't notified, couldn't be found, or failed to respond.

Your question refers to trying to recoup your investment for ten years. Was the buy-out ten years ago, or more recent? Do you have any evidence that the acquiring company is still in business? Doing well? Ten years is a long time in the life of a private business, and many things could have happened -- some favorable, many not.

I would start with a search of the records of the Secretary of State.......probably of California, but one or both of the companies may have been formed in another state. Some such records are available on line, others require submitting a request and waiting. Other obvious investigational leads would be the Internet, phone books, a visit to present and former addresses of the business and its officers, and so on. Don't know how much information you have, so not sure where one would begin.

Now, as to your specific rights. Assuming a California corporation, your rights may well be protected (and determined) by one or another statute(s). For example, Corporations Code section 1300 deals with the rights of dissenting shareholders in a merger. Corps. Code section 2007 deal with distribution of assets when a corporation is dissolved. There are several others which may come into play, depending upon the type of deal done and what has become of the compensation you presumably should have received, and why.

Please feel free to contact me with specifics (e.g., company names) if you'd like to pursue this further.

What can I do I took my car to the dealer shop for a oil change and in the dealer they had an accident

Question

What can I do I took my car to the dealer shop for a oil change and in the dealer they had an accident

Answer

Ask the dealer for the name of their insurance company and submit a claim. If that doesn't work you can sue in small claims court.

Answer

Make sure you know of the costs for the accident and the basis for the accident. You should think about contacting the AG after you serve in writing your complaint to the company and if they do not make the repairs

Answer

Send the Dealer a M.G.L. c. 93A Demand letter...

http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html

...requesting what you feel is an appropriate amount of money to cover your costs and damages and make you whole.

If they refuse to be reasonable and work with you, then you can sue. Depending on the facts, you might even be able to hire an attorney on a contingent basis using the fee shifting provisions of M.G.L. c. 93A.

My car got repo and the finance company took me to court I went but they didn't have nothing on the books for court. The finance company sti...

Question

My car got repo and the finance company took me to court I went but they didn't have nothing on the books for court. The finance company still wanted me to pay off the car but they took the car. Now they are garnishing my wages. My question is are they able to charge me for property that I don't have anymore ?

Answer

Yes

I am selling a house on Long Island New York. It is a short sale through a real estate. My question is, if it sells and goes to closing, who...

Question

I am selling a house on Long Island New York. It is a short sale through a real estate. My question is, if it sells and goes to closing, who is at the closng? Is it the real estate broker? The owners of the house? The mortgage company? I am confused. Who gets what checks for the sale of the house?

Answer

Apparently you are doing this without a lawyer. Bad move. Your broker should be advising you. If it is under water, you get nothing, lender gets all,less broker commission. Is lender waiving any deficiency you will owe?

A grant deed was signed and recorded in error. My brother was defrauded, as he thought he was refinancing. The notary stated that he would r...

Question

A grant deed was signed and recorded in error. My brother was defrauded, as he thought he was refinancing. The notary stated that he would return the documents and recorded them instead. How can the recorded deed be revoked? Thank you

Answer

You need to obtain a real estate attorney to help you with this. The actual facts need to be more clearly developed, we need to know the party the deed named as the recipient, and the other circumstances surrounding the transaction. Why did your brother sign a deed? That makes little sense. Why did the notary record them. The duty of a notary is to witness the signature. THere is simply to much unknown to determine the most effective method of proceeding

Answer

If your story is true, this was either a mistake that can be corrected by the parties involved, or fraud, which will require a lawsuit. I suggest you speak with an attorney, as it seems there is a lot more to this story than you present here.

Answer

There can be a lot more to this than you have had time to explain. Consult a real estate attorney in your area that offers free consultations on such matters.

In my opinion, there could be fraud involved. That is a worst case scenario. If all parties agree there is a mistake then simply correct the mistake.

How do you repair rear hub assembly?

How do you repair rear hub assembly?
Not enough info here, but "hub" implies a hub, bearing, spindle with stud, they usually bolt on in one piece. Otherwise various models have different style hubs, some with replaceable bearings, flange, seals, etc and some come complete. A quick call to your local part store will provide the options you have, if it's a complete hub, it's usually remove drum/caliper, caliper bracket, rotor and hub may have a large hole in flange to allow socket to reach in and loosen bolts - again these are just guestimates based on average vehicles - your vehicle info is not included

What can I do about interference with my visitation of my minor kids by the mothers X husband that is back on the scene living with them all...

Question

What can I do about interference with my visitation of my minor kids by the mothers X husband that is back on the scene living with them all. I was never married to the mother and now in the process of gaining legal visitation and hopefully joint legal custody?

Answer

If you have a pending motion, bring this issue to the courts attention. If you have not yet filed and served your request for order, include these issues in your pleadings.

My relative, I will call him Uncle John, moved into my dad's house, uninvited, shortly after my dad passed away. My dad's house is in Illino...

Question

My relative, I will call him Uncle John, moved into my dad's house, uninvited, shortly after my dad passed away. My dad's house is in Illinois. Dad's will states clearly that the house is to be sold and the money equally divided between my uncle and 3 other relatives including myself. Uncle John feels he should get the whole house because he has less savings that the rest of us named in the will. None of us are rich and some of us are hurting financially and could really use the money from the sale of the house. Uncle John is not destitute and already has a place to live. The house is technically proper of my dad's estate. Uncle John does not pay rent to the estate nor has any rental agreement or lease with the estate. We need him to move back to his own place as soon as possible so that we can get the house in order to put it on the market. He is smoking in the house and it is spoiling what had previously been a smoke free home, thus reducing the property value. Our questions: 1. How long does it take to evict someone in the state of Illinois in a situation like this? 2. What is involved? 3. Do we have any other legal options to get him out of the house? Reasoning does NOT work. Thanks for your help!

Answer

you need to hire a lawyer to probate the estate. the attorney representing the estate will assist the administrator in resolving these issues.

i have a court appearance on criminal case and am in a medical facility. can I have a bench warrant issued for my arrest

Question

i have a court appearance on criminal case and am in a medical facility. can I have a bench warrant issued for my arrest

Answer

Yes you can. The best thing to do would be to let your attorney know that you are in a medical facility and he or she can inform the court and deal with the issue. If you don't have an attorney (and if you don't you should retain one right away) you should inform the court yourself and provide the necessary proof of where you are. If you don't give notice and just don't show up they will almost certainly issue a bench warrant and you will have more issues to deal with than you already have.

Answer

Laurie is absolutely right

Inform the Court IMMEDIATELY or, if you have counsel, inform your attorney IMMEDIATELY

Great attorneys in the Lagrange area

Good luck and get well

Answer

Absolutely. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck

I'm being sued and have till next week to file my response. This is the 2nd time I'm being sued by the plaintiff and I filed a motion for ch...

Question

I'm being sued and have till next week to file my response. This is the 2nd time I'm being sued by the plaintiff and I filed a motion for change of venue to the court where our first case was settled. Do I still have to file my response? Or does my motion postpone how much time I have to respond? This is a civil small claims case... Thanks..

Answer

Defendants in small claims cases don't file responses, unless the response is an appropriate motion.

My daughter was arrested a couple months ago. She was initially pulled over for broken tail light. She did not show any signs of drinking et...

Question

My daughter was arrested a couple months ago. She was initially pulled over for broken tail light. She did not show any signs of drinking etc but the officer gave her a sobriety test anyway (which she passed). She was then given a breathalyzer and blew .078. Of course then they asked numerous times to search the vehicle. My daughter (then 17) said no repeatedly but after numerous repeated requests finally said well i guess if you are just going to keep asking. The did find a marijuana pipe which had not been used but the officer insisted she had been smoking and could tell so they gave her a blood test and it did show positive but minimal amounts (4 nano). The law in Michigan says mere presence of marijuana when driving with no limits. The judge said they would allow her to plea to impaired driving but I am trying to figure out if there is any way possible around this, maybe in a technical aspect or anything?? The officer called me to come pick up the car and told me she found the pipe but no marijuana in there but the court docs say there was marijuana as well. I know thats not true bc the searching officer told me at the scene and I asked to see docs as to where that evidence was being kept (she is not being charged with it). Beyond this incident my daughter has never been in trouble and is a good kid. She is 8th in her class and just graduated. I am very worried about the license issue as she goes to college and gets a job. PLEASE HELP ASAP!! (we do have a court appointed but he keeps confusing things he told us and leaves client files all over his waiting room when no one is there but office open. I do not trust him at all

Answer

You need to retain an experienced OWI attorney for her ASAP! Every aspect of the case must be thoroughly scrutinized including the stop of the vehicle, the search of the vehicle, and the administration of the field sobriety tests. The police reports and any dash cam videos will need to be obtained. The blood draw needs to be looked at as well for proper procedure, chain of custody, and to get the other vial of blood tested.

It sounds like there may be numerous arguments that could be made to either get the charges dismissed or perhaps get it lowered to a non substance-related offense. Only an attorney that has significant experience an OWI defense will know how to properly defend such a case and get all the necessary discovery and file the proper motions.

DO NOT go with the lowest bidder or a general practitioner. You need a lawyer who makes DUI defense a substantial part of their practice.

She should not plea or agree to plea to anything without first consultingwwith an attorney.

Answer

Consult with an attorney in the local area to get a second opinion. You cannot request a new court appointed attorney, but you could always choose to hire one.

Answer

Contact my office I would be more than happy to assist you go to cbrownlegal.com to see my results.

Answer

Read more about defending drunk driving cases in Michigan at:

www.WinDrunkDriving.com

Good defense lawyers can and do win drunk driving cases.

I was served an UD with the last name DOE. I didn't respond. I was waiting for notice to vacate, instead there was a posted amended 1st comp...

Question

I was served an UD with the last name DOE. I didn't respond. I was waiting for notice to vacate, instead there was a posted amended 1st complaint taped to door. what does this mean?

Answer

The first amended complaint likely substituted a fictitiously-named DOE with an actual person's name. DOEs are included in a complaint as placeholders when the landlord (or plaintiff) doesn't know the names of others. If you're living at the premises in question, you might seek legal assistance since otherwise the landlord could get a judgment against everyone occupying the premises by default, and then have the sheriff evict you and everyone else a few days later.

Answer

You need to respond to the unlawful detainer action, or at least figure out who is being evicted. Don't ignore it, as the sheriff may come in and move you out onto the street.

I am a lecturer at an institution of higher ed. My contract was not renewed for next year, not for cause but for "needs of the department". ...

Question

I am a lecturer at an institution of higher ed. My contract was not renewed for next year, not for cause but for "needs of the department". I have appealed the dismissal, but when I asked for the notes from my meeting (there was a note taker), first my employer put me off, then she only sent me the summary. I later found out she told the note taker to shred the original notes from the meeting. Is this legal?

Answer

Illinois is an "at will" state meaning you can be fired for any reason or NO reason, the latter usually referred to as a layoff but whatever. That is, unless there is a work contract of some kind that specifies termination rights and obligations, or some other uniform set of practices and procedures. Without that, even a meeting and/or note taker was totally gratuitous, and if you agreed to any parameters for the meeting, that's the end of it. The more important question is whether there was any illegal discrimination involved in the firing: age, race, gender.... If so your recourse may be through the EEOC or through private suit.

I have a credit card that has a $13,000 balance. My name is the only name on it. The only thing I own is a house that is paid up and that ha...

Question

I have a credit card that has a $13,000 balance. My name is the only name on it. The only thing I own is a house that is paid up and that has my wife and my name on it. If I was to die before my wife, can the credit card company come after my wife for the amount I owed?

Answer

Indirect yes, but not directly. Let me explain. Assuming that your home is owned as a tenancy-by-the-entireties (i.e. as husband and wife), then the house will automatically pass to the surviving spouse as of the minute of death. So if you have a crystal ball and know that you are going to die first, the house would be safe. However, any creditors would be able to file claims against your estate.

You claim you own nothing else - no cars, land, bank accounts or anything else of value? If that truly is the case and you own nothing, there is nothing to probate and creditors have to go pound sand as there is nothing to get. If you do have probate assets which exceed the amount of the family exemption and priority funeral expenses, then the rule is that creditors must be paid before the heirs or beneficiaries receive anything (assuming claims are properly and timely filed). So if there are probate assets over a certain amount, then the creditor would be paid from your estate.

May i suggest more reasonable alternatives? If your home is paid for, how old are you? Have you considered getting a reverse mortgage? What is your income level? Would you, within a reasonable amount of time, be able to accumulate sufficient funds to settle the debt for something less than what is owed?

What is your age? Will you be needing credit? How long has it been since you stopped paying? What is the likelihood of a lawsuit being filed against you now while you are alive? Any judgments will become liens and attach automatically to the property if you are still alive.

Who is the debt with? There are some creditors who never sue. There are some creditors who are quick to sue. And there are some creditors who, while they will not sue, will sell the debt to a junk debt buyer who will do so.

Rather than bury your head in the sand, why don't you be proactive and try to do something about this now instead of leaving your family a mess when you die? If you want to discuss your options, you can check out various articles I have written at my website at www.rachelhunterlaw.com. If you would like a phone consult, I charge $75 for a 30-minute phone consult. Consults purely by email are free. Please contact me at [email protected]/* */ if interested in seeing how I can help you.