What is the monetary limit of small claims court in NYS (specifically Warren county) and what would be my next course of action if the amoun...

Question

What is the monetary limit of small claims court in NYS (specifically Warren county) and what would be my next course of action if the amount I was seeking to recover exceeded this limit?

Answer

Warren County as such does not have a small claims court. Small claims courts exist as part of Town Courts and City Courts. Justice Courts hear nothing but Small Claims and minor violations for up to $1,000. See http://warrencountyny.gov/da/courts.php. In both Town and City courts the limit is $5,000. If your claim is bigger then go to a higher court: County Court's limit is $25,000 and Supreme Court has no limit.

By applying several credit cards on his own name and not paying for them, my husband accumulated huge credit card debts. The court awarded e...

Question

By applying several credit cards on his own name and not paying for them, my husband accumulated huge credit card debts. The court awarded each party the debts post separation. The court also awarded me our residence (the house). How do I file the form FL-345 so that his credit card companies will not able to put liens on the house and ask me to pay his debts? We both live in California.

Answer

Questions such as yours are beyond the scope of this forum. You need specific legal advice and further facts are needed before any answer could be given. You need to try to find a knowledgeable attorney to meet with, in person, and receive proper direction and advice.

Is there a Neopet website to buy items?

Is there a Neopet website to buy items?
Neopets merchandise is not available to buy online direct from Neopets. You can often find their plushies in stores such as Wal-Mart depending on your country.

Handyman businesses in Florida, what are my boundaries, as far as job costs and services provided?

Question

Handyman businesses in Florida, what are my boundaries, as far as job costs and services provided?

Answer

You can do anything that you are capable of doing, as long as you do not do something which requires a contractor's license. Painting, lawn care, replacing a piece of trim, etc. The kinds of things your wife would want you to do on a Saturday afternoon is generally OK. Replace a sink, fine. Move the sink (which of course requires that you move the plumbing) is not OK. Generally if it involves anything to with the structure of the house, installing or moving plumbing or electricity or outlets, you can't do it, because those tasks require a license. Don't be afraid to call the state or your local licensing authorities.

The one thing you don't want is to be doing is construction work without a license. Bad consequences when you get caught.

My mother's house is in a trust. She died. A creditor is threatening foreclosure. There is no money in the estate. Can they foreclose? The B...

Question

My mother's house is in a trust. She died. A creditor is threatening foreclosure. There is no money in the estate. Can they foreclose? The Bank threatening is not the note holder. I am living in the house and have been for seven years as care-taker for my mother. She died in June. I am the trustee and the executor.

Answer

Can they foreclose? It depends on whether the creditor has a security interest against the property. You state the Bank is "not the note holder", on what basis does the Bank have a claim against the property?

As such, before any determination as to any foreclosure can be made, a more thorough review of the Bank's claim and associated documents is required.

Answer

Not if you bring the mortgage payments up to date, and keep paying them, which is what you should do if you want to keep the house.

Answer

Banks and other lenders frequently use what are known as servicers and also sell their notes and deeds of trust to other lenders and servicers. If there is a deed of trust encumbering the house, and payments to whomever is servicing that note and deed of trust is not paid, the current owner of the note and deed of trust can initiate foreclosure proceedings. In addition, third parties, known as "trustees," are frequently named in Notices of Default and Elections to Sell, so the fact that you do not see the "Bank's" name on the documents does not mean that a bank or other lender is not the party foreclosing.

To protect you rights, you should have an experienced real estate attorney in your area review whatever documents you have realting to the threatened "foreclosure." The fact that "there is no money in the estate" has nothing to do with whether a foreclosure can take place because in a foreclosure the lender simply takes the property back from the borrower under the terms of the deed of trust.

Answer

How do you know the bank threatening to foreclose is not the note holder?

Can I sue a hospital fir mistreating me

Question

Can I sue a hospital fir mistreating me

Answer

Yes, of course.

The statute of limitations for Medical Malpractice is one year from the date of the discovery of the malpractice, and also within three years of the malpractice.

Depending on what you may be suing for, there are other applicable statutes of limitation, so it's best to consult with an attorney sooner rather than later, as if you wait too long, your right to sue will be exhausted.

If I am the successor trustee on my Mom's living trust and I would like to resign to serve, and my brother is the next in line on the trust,...

Question

If I am the successor trustee on my Mom's living trust and I would like to resign to serve, and my brother is the next in line on the trust, is there a way to word it in the resignation letter that if something should happen to my brother and he can't serve, that I am again appointed to serve as trustee?

Answer

No. The rules of the trust will determine what happens then.

I have been living at my current residence for eleven years. About eight months ago I discovered I had bed bugs after getting new tenants in...

Question

I have been living at my current residence for eleven years. About eight months ago I discovered I had bed bugs after getting new tenants in the apartment above me. I have a daughter that is handicapped we have written notes from her doctor saying the problem needs to be taken care of yet he refuses to pay for extermination. The carpet is also an issue as it is so old its coming apart at the seams and is an extreme tripping hazard.

Answer

As I doubt you can force this landlord to do anything in

regard to the issues you've mentioned, your remedy for

these problems is likely limited to looking for new

living quarters (my opinion).

I would like to start a small business (a website). I am envisioning launching my business as an LLC. However, I have not yet taken this ste...

Question

I would like to start a small business (a website). I am envisioning launching my business as an LLC. However, I have not yet taken this step. In the meantime, I am interested in getting a "servicemark" for the website name. This means the servicemark would be registered with me (my personal name) as registrant, and not my LLC's name as registrant. My question is, if I registered the servicemark under my own personal name as registrant, and later officially launch my business as an LLC (right now my business is in the development stages), how will this affect my hold on the servicemark? Will I have to change the "registrant" for the servicemark, to the LLC's name after launching my business/LLC? Thank you for your help.

Answer

It is fairly common for businesses to start out as sole proprietorships or small partnerships and then take on an LLC or corporate form once they get going. At that point the assets of the company, including trade and service marks are transferred from the individual owner(s) to the entity. Your best bet is to check with the PTO as to exactly how that is done, whether you change the registrant or just file some kind of notice of assignment.

Answer

Yes, you would assign the mark over the entity and then that gets recorded at the USPTO. In some cases, you may want to keep the mark under your own name, but this depends.

At this point in time, you would be wise to clear the mark before making any further investment. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark:

http://www.lanternlegal.com/trademark_due_diligence.php

http://www.lanternlegal.com/test_trademark.php

It might be helpful to consult a business/IP lawyer now you can receive some proper guidance and understand exactly how best to move forward. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

What is fog in traffic laungage?

What is fog in traffic laungage?
Stuff that stops you seeing proply, like actual fog!

What effect does inalienability (spelled out in the will) have on the disposition of an estate? All items in the estate were gifted between ...

Question

What effect does inalienability (spelled out in the will) have on the disposition of an estate? All items in the estate were gifted between two surviving adult children, but everything was left to the surviving spouse. Does inalienability limit what the surviving spouse can do with the estate, e.g. can the surviving spouse give parts of the estate gifted to one child to the other child?

Answer

Your question does not contain sufficient facts on which to base an answer. Take the Will to an attorney who specializes in estates for a proper answer. Good luck.

If you get married in Kentucky and it doesn't work out and the guy moves to Michigan can he get remarried without getting a divorce from his...

Question

If you get married in Kentucky and it doesn't work out and the guy moves to Michigan can he get remarried without getting a divorce from his first wife

Answer

No. He would first have to get a divorce or annulment through the courts. Otherwise, he would be subjecting himself to prosecution because marrying more than one person is against the law.

Answer

is he remarried in Michigan before he got divorced, he may be prosecuted for big in me. In Michigan, that is a criminal offense.

Answer

If he remarried in Michigan before he got divorced, he may be prosecuted for bigamy. In Michigan, that is a criminal offense.

Can a private sector company of michigan deny an applicant a job based on the sole reason the applicant having a personal relationship with ...

Question

Can a private sector company of michigan deny an applicant a job based on the sole reason the applicant having a personal relationship with a member of the company's management team? (the position was for human resources) It was asked in the interview if there were any policies against this and applicant was told no in addition, both applicant and interviewer reviewed handbook to confirm that there is not a policy against hiring someone based on their personal relationship with others nor an anti-nepotism policy. However it is a family run company. Currently employed are husbands, wives, children, cousins, etc of other employees and of the owners working side by side. It has been common practice to hire relatives. In fact, interviewer told applicant there would be no issue and relatives hired all the time. It was stated in writing to applicant that was the sole reason job was not offered. In fact applicant was informed that they were a perfect candidate for position. Is this legal?

Answer

I see no laws being violated here. It's not illegal discrimination.

My girlfriend suffered an injury at an Ihop due to an exessively heavy door .We ended up in the emergency room with her finger hanging off h...

Question

My girlfriend suffered an injury at an Ihop due to an exessively heavy door .We ended up in the emergency room with her finger hanging off her hand.Is there anything we can do?

Answer

I assume that she isn't employed by Ihop.

Yes, depending on what happened, you may have a good lawsuit.

What is the name of the part of the car that surrounds headlights?

What is the name of the part of the car that surrounds headlights?
its called a bezel or a headlight door

We signed papers on a used car yesterday and as I drove off it had mechanical issues. I returned and he tried to fix. I drove away and it di...

Question

We signed papers on a used car yesterday and as I drove off it had mechanical issues. I returned and he tried to fix. I drove away and it did the same thing. He tried to fix again and said if it happened again that he would send a mechanic to my house the following morning to fix. They did not show up and did not answer our calls and texts until this evening. The owner said that they should have never said that they would fix at our house. I want to return the broken car tomorrow. The bank has not funded them, I put a stop pay on the check that I gave him. He said that they have a contract and I have to take the car or my credit is ruined and I would have to pay them a 10% restock fee. What are my options?

Answer

Whatever your contract says.

Can our rent be raised from 1000 to 2300 a month? We have been paying the mortgage directly to the bank for over 10 years.

Question

Can our rent be raised from 1000 to 2300 a month? We have been paying the mortgage directly to the bank for over 10 years.

Answer

If you are not in a rent controlled city, yes, although for that large a jump at least 60 days notice is legally required, maybe more.

I need to get an appeal for a judgement that was given against me. the collection agency won the cae by stilling all the recepts I had from ...

Question

I need to get an appeal for a judgement that was given against me. the collection agency won the cae by stilling all the recepts I had from my home. I am in the process of getting copies of everything sent to me.

Answer

You have 30 days from the date of the judgement to file for your appeal.

How do i go about evicting someone thats not on my lease or pays rent?

Question

How do i go about evicting someone thats not on my lease or pays rent?

Answer

No rental paid? You may need to eject them. You need to seek legal help. Termination of the sublease would be the best and easiest method. That would only apply if there was a sublease you can terminate.

Is it possible to have a public intoxication prosecution expunged from court records?

Question

Is it possible to have a public intoxication prosecution expunged from court records?

Answer

Only if you can prove that you were wrongfully convicted and have received a

pardon from the governor. (See Va. Code Sec.19.2-392.2 et seq.)

In New Jersey, if a person walks into an attorney's office and claims he is a member of an LLC and he wants the attorney to construct a mort...

Question

In New Jersey, if a person walks into an attorney's office and claims he is a member of an LLC and he wants the attorney to construct a mortgage so he can borrow money from another LLC, and then have that mortgage recorded, what due diligence is this attorney required to do on this individual and the affected LLC before carrying out this individual's request?

Thanks,

Ray

Answer

Generally, the LLC accepting a mortgage as collateral for a note or other debt will have it drafted, not the borrowing LLC.

It would be the responsibility of the creditor LLC to check the authority of the member to bind the borrowing LLC

i had a contract with a company for $1,880.00 for a retainer wall and a down payment of $940.00 before the project. I gave him the down paym...

Question

i had a contract with a company for $1,880.00 for a retainer wall and a down payment of $940.00 before the project. I gave him the down payment and upon his trust because i was leaving out of town and didn't know when i was coming back. i finish paying him the remaing of the money and he assure me that when i got back home the project would be finish. but it wasn't, I've tried numerous times to reach him. by phone calls and emails, being that the only thing on his business card is a post office address. yet he has never responded to any of my calls, post office request or emails. how do i reach him or find his address to send a certified letter and Will i be able to take him to court for not finishing the job even though there was a contract for the down payment and remaining money after the project was finish?

Answer

Yes, you can sue him...whether you will get your money back is another story. First you have to find him. Go to your county register of deeds and the NC secretary of state websites and look up this person's name. That is the best way to find him and his business. Once you find him, you can sue him in small claims court.

Be careful who you do business with. I am all for supporting small business as most are fantastic. When you get a business card that is void of much contact information, you should investigate the person before turning over any money.

My grandson was arrested for possession of marijuana while driving his car in New Jersey. He lives with me (21 years old). I am a legal gun ...

Question

My grandson was arrested for possession of marijuana while driving his car in New Jersey. He lives with me (21 years old). I am a legal gun owner. He was arrested several weeks ago. If anything ever happens where police search my home while investigating him, would my guns be taken from me?

Answer

If you legally possess your guns in NJ (not another state) and can provide proof of your legal possession, you can keep your guns.

However, if your grandson uses your guns to commit a crime, you will lose them.

Hello,I just turned 54.I have been receiving Medicaid for several years.I also have Medicare.I can now get free health insurance through my ...

Question

Hello,I just turned 54.I have been receiving Medicaid for several years.I also have Medicare.I can now get free health insurance through my girlfriends plan.Will getting off of Medicaid before turning 55 protect me from Medicaid estate recovery?Thank you.

Answer

What a great question! Medicaid is actively engaging in estate recovery to recover amounts expended for those 55 or older in a non-nursing home setting, as well as any age in a nursing home. One of the exceptions are those amounts spent on premiums, copays and coinsurance for those persons who are "dually eligible" and on a program such as QMB, the qualified medicare beneficiary plan or Medicare savings plan. You can sign up for this program through either the social security office or the Medicaid office. The asset restrictions are not as great as SSI.

In this case, either the QMB or signing up through your girlfriend's plan should avoid estate recovery.

(I practice in Florida as well as Alabama).

Good luck!

I am retired military (US Army) Divorced (State of Maryland) 1st wife in 1994. I pay to the ex wife no support. It was in our decree. I have...

Question

I am retired military (US Army) Divorced (State of Maryland) 1st wife in 1994. I pay to the ex wife no support. It was in our decree. I have since remarried (Philippine Citizen). My question is, does my ex wife have any legal claim to any insurance policies/newly acquired property that I may take out/obtain after the divorce. The beneficiary is my current wife for the policy.

Answer

no

Answer

no she gets zero make sure your documens are in sync with your current marriage.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

[email protected]/* */

www.careyandleisure.com

I loaned a trucking company operating money backed by his trucks as collateral. He hasn't made payments for 4 months. I have tried to restru...

Question

I loaned a trucking company operating money backed by his trucks as collateral. He hasn't made payments for 4 months. I have tried to restructure his loan, and work with him but the money is just not there. How do I go about collecting the collateral? Do I need to formalize my desire to take the collateral?

Answer

It all depends on what your agreement with the borrower says and how it is documented and how the security agreement is perfected. No one can tell you what to do next until these questions are considered.

Would it be legal to operate a liquor sales boat(pontoon) on the rivers or lakes in MN? If so, where can I find the laws relating to this?

Question

Would it be legal to operate a liquor sales boat(pontoon) on the rivers or lakes in MN? If so, where can I find the laws relating to this?

Answer

Minnesota highly regulates liquor sales. First of all, you would need to obtain a liquor license for such activities and that process can be extensive. The Minnesota Department of Public Safety is the department in charge of this area. Cities also have their own licensing and regulations, so it depends on what city you operate from. Simply operating a boat for liquor sales would probably not be an allowed activity, but sale of liquor for Lake Superior, St. Croix River, and Mississippi River tour boats is a possible licensed activity.

Can a parent who has court ordered supervised visitation custody ever claim to be primary parent in Pennsylvania because of overnights? Pres...

Question

Can a parent who has court ordered supervised visitation custody ever claim to be primary parent in Pennsylvania because of overnights? Present court order is not clear who is primary parent.

Answer

If an order is not clear you shoul have it reviewed by an attorney. However if you have court supervised visitation then it is difficult to believe that the present order would aloow you to be primary custodial parent. In order to accomplish that you would have to modify the custody order because of changed circumstances and this would involve Court proceedings. Best advice review your situation with an attorney.

I Recently moved to Ohio. Is my Kentucky will valid in Ohio?

Question

I Recently moved to Ohio. Is my Kentucky will valid in Ohio?

Answer

To properly answer all your questions, we would like to offer you a free consultation with one of our attorneys. Your free consultation can be conducted either over the telephone or in-person.

To schedule your free consultation, please call us at 1-800-297-9191 or email James Luna at [email protected]/* */

We look forward to hearing from you.

Answer

Yes, your Kentucky will is valid in Ohio, if properly executed in Kentucky. However, you may be well served by consulting with an Ohio Estate planning attorney, in that there are options in Ohio law that may be beneficial to your estate planning, that are different than what was available in Kentucky.

My parents have rented a house for 23 plus years and have taken care of property. They recently have had furnace problems and were informed ...

Question

My parents have rented a house for 23 plus years and have taken care of property. They recently have had furnace problems and were informed by the landlord that they must contact her grandson for all repairs/problems. So beging Novemeber they have been contacting him about fixing the furnace. It goes out at night and gets quiet cold in house. There is a recet button on furnace that may or may not get it starting again. The son came over and used DUCT tape to fix. Keep in mind this furnace has NEVER been replaced. She has been calling and calling and calling to get them to fix. Then she asked if she could contact someone to come and fix and she has gotten threatened with eviction. She has never missed or been late on rent. The house has many things wrong with it and she is too nice to complain until it came to basic heat for the house. For example, the roof leaks, the electrical is outdated and breakers are blown, there is a hole in floor, chimney leaks water into basment (flooding it), the sewer backs up, bad insulation, etc. I could go on. BUT my mom makes do because she doesn't want to complain and get evicted. There isn't a lot of rental around the area and they do have reasonable rent. They don't make a ton of money being a one income family. Please help and give me advice. Where does my she stand? Would she stand a chance if she were to take some leagal action? HELP

Answer

Although your parents may have remedies against their landlord, if the conditions are as bad as you indicate, I would have to ask why they would possibly wish want to remain rather than look for a more habitable rental. In WI, however, is would be possible for their lawyer to attempt to set up a trust supervised by the court, into which they would pay their rent until the repairs are done, or other settlement reached such as the landlord agreeing to allow the money on deposit to be used for repairs. Even so, however, if they are nearing the end of the their lease, there is no way that they could make the landlord extend it again, meaning that they would end up having to move out regardless. I would therefore recommend that your parents consult with an experienced real estate lawyer as soon as possible. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www./answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html. Answers may contain attorney advertising materials..

DOES aRN licensed in CA have to report Child abuse if he was found guilty in Family court or are the family court records sealed?I was not ...

Can a large department store sue someone for creating several accounts that were used to earn points and therefore get many items for free/d...

Question

Can a large department store sue someone for creating several accounts that were used to earn points and therefore get many items for free/deeply discounted? For instance, my friend has created several email addresses and made purchases on each of these email addresses to obtain about $5 weekly to get free stuff, essentially. The terms and conditions of the rewards program do not mention abuse of the program being punishable by law.

Answer

All that activity for $5 per week "to get free stuff. essentially"?

Do your friend a favor and tell him or her to get a life.

An officer served me a summons for my 17 year old son to appear in court. I was a bit angry in the way the officer carried it out and after ...

Question

An officer served me a summons for my 17 year old son to appear in court. I was a bit angry in the way the officer carried it out and after looking at the paper I was walking onto my front porch and I waded the paper up and tossed it on my porch. The officer got back out of his vehicle, came onto my porch and retrieved the paper . I am already going to file a complaint due to the officers behavior before giving me the paper but I am wanting to know if his job was over when he gave me the paper. Was he then trespassing? Was it theft when he took the paper?

Answer

You might have a civil claim for trespassing and theft. But, it doesn't appear that you have much in damages. Therefore, a law suit may cost more than you are likely to receive. But, there may be other facts that change that calculation. Perhaps you should consult directly with a civil practice attorney in your area, to get advice based upon all the facts.

Good luck

can a joint will be changed by the surviving spouse? How do heirs protect their rights if he remarries?

Question

can a joint will be changed by the surviving spouse? How do heirs protect their rights if he remarries?

Answer

1. Yes

2. This had to be done by agreement at the time the original will was prepared.

Can my X amend spousal support because he got fired from his job ?

Question

Can my X amend spousal support because he got fired from his job ?

Answer

Yes. That would be a material change in circumstances warranting a review of spousal support.

At a hearing he will be expected to prove that he has made every effort to find another job.

Also, if he somehow intentionally caused his job loss, the court might impute his former income to him.

Hello I have a website that works as a job board for tattoos. The client comes in and post a tattoo that they want and Artists in their city...

Question

Hello I have a website that works as a job board for tattoos. The client comes in and post a tattoo that they want and Artists in their city will bid on the job. When the client chooses a winner they are redirected to paypal to pay a 20% deposit in order to set up online appointment (this is the fee that we keep as referral). After payment client can set appointment and then show up ar tattoo shop to get tattoo. I was wondering if I can get in legal trouble if for some reason the Artist does a bad job or the client get's an infection. Can I cover my business if I make up a good Terms & Conditions page?

Answer

First, everyone who's in business needs insurance, or at least needs to understand the risks they are assuming by not carrying it. Claims can come from unexpected sources -- the only business-insurance claim I've ever made was when a large tree limb unexpectedly fell on a client's new car, parked outside my office under what I thought was a perfectly healthy tree. So, I suggest you select a good business-insurance rep. in your area and discuss whether and how to cover your risks with insurance.

Next, as a lawyer, I'm going to suggest that you develop at least a loose working relationship with a business lawyer near you. Have occasional discussions about your business -- not just the risks of client suits, but other aspects, such as whether your business should be incorporated, etc.

Finally, to address your question specifically, yes, you can get into "legal trouble." I'd say the probability is rather low, but certainly not zero, and if you are sued, defending will cost a lot even if you eventually win. Properly-drafted "terms and conditions" in a contract with your clients can have two effects: diminish the likelihood you'd be named as a (co-) defendant in any lawsuit, and if you are named, provide you with an additional defense.

Answer

In addition to the above I would suggest that you require an indemnity agreement with the tattoo shops, proof of their insurance with your company listed as an additional insured. Our office helps clients in your situation. I would suggest that you consult with an attorney and spend the money necessary to protect your interest. I recently had a tattoo shop owner come in as they were being sued as a result of their employee accidentally putting a tattoo on backwards. He was shocked at the cost of litigation and how much damages the plaintiff was seeking from him. Better to spend the money up front and make sure you have the proper insurance and agreements in place to make sure you are protected. You need to have an attorney look at the whole picture. If you have other questions feel free to call

John Laurie

Gertz and Laure

18321 Ventura Boulevard Suite 900

Tarzana, Ca 91356

818 345-0123

Answer

I agree with my colleagues here. In this country one can get sued for almost any reason. Whether they have a good case is another question.

Whenever you are in the line of distribution so-to-speak, you are exposed, although in your case it is not likely that you will be sued for the tattoo shops negligence. But if the injury was severe enough and the artist had no insurance, etc. it might give cause to join you. This is another good reason to make sure you handle your entity structure correctly as well.

As noted, this is why you really need to start a relationship with a lawyer and have them create the proper terms of service/use and privacy policy for the site. This will be well worth the money. Obtaining an insurance product is also a very smart idea.

I suggest that you consult several lawyers in private, perhaps call around for some free phone consultations. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

I have a court order stating my ex husband to refinance or sell house.. he does not qualify for refinance but refuses to sell. He has asked ...

Question

I have a court order stating my ex husband to refinance or sell house.. he does not qualify for refinance but refuses to sell. He has asked for a hearing based on the fact that he is disabled and can't afford housing in California. How can I I force the order of the judge and does he have rights as disables to stay on a mortgage that effects my debt to income ratio ?

Answer

Your husband does not have a unique right as a disabled person to prevent you from getting your community property share in your house. Please meet with an experienced family law attorney so you can be properly represented on the complexities of this legal argument when you go to hearing.

can a spouse target shoot fruit off his partners head, if she consents

Question

can a spouse target shoot fruit off his partners head, if she consents

Answer

If this is a serious question, I would have to say not in NYC and not with an unregistered gun. If you miss it would at the least be assault with a deadly weapon.

Is it illegal for someone not to contact their insurance when involved in an accident?

Question

Is it illegal for someone not to contact their insurance when involved in an accident?

Answer

I don't believe there is some law against it, but it might depend on your policy.

Please, my brother has an open case in state of CO for identity theft. He opened an bank account and he was using it for 7 yr even with cr c...

Question

Please, my brother has an open case in state of CO for identity theft. He opened an bank account and he was using it for 7 yr even with cr card, without taking any loans or mortgages, basically it was only for personal use without intention for misuse at all. Anyway, he moved to state of IL to take a time and find best solution to deal with this issue. Q1 : If he would get stop by state patrol or local police in traffic, would they be able to find out that he has open case in different state and arrest him? Q2: he still has $$ in that bank. Would be safe to go to the bank and close the account? Thank you for your time

Answer

1) Yes. A felony warrant is nationwide.

2) Only if he wants to help law enforcement prove the case against him. They most likely flagged the account by now. When he shows up to collect, he provides law enfocement proof of both identities.

My question regards subpoenas. If I have to do a deposition and set a date is the lawyer justified in issuing a subpoena after the date has ...

Question

My question regards subpoenas. If I have to do a deposition and set a date is the lawyer justified in issuing a subpoena after the date has been set. Also is this intimidation of a witness.

Answer

He would be a fool not to issue.

My Mom recently passed away. Her last wish was to be cremated and have her ashes spread in the sea/ocean in Texas. I am the oldest of 6 kids...

Question

My Mom recently passed away. Her last wish was to be cremated and have her ashes spread in the sea/ocean in Texas. I am the oldest of 6 kids and want to do this, but I have two younger siblings that do not want to spread her ashes. As I am the oldest do I have every legal right to do as my mother wished for? We are all over 18.

Answer

Being oldest is irrelevant.

Did she list her wish in her will or in a separate legal document?

Is there an executor of her estate?

I cannot answer your question without knowing a lot more information.

You need to meet with a probate attorney in your county and discuss your issues.

I am sorry for the loss of your mother. It is also unfortunate that the 6 children cannot agree. I have found that people grieve in different ways & perhaps this is the issue.

You might try mediation with a trained mediator in your area to resolve your differences.

www.familylaw4u.com

non solicitation georgia

Question

non solicitation georgia

Answer

Are we supposed to know what this post means?

If you filed for a marriage license, had a ceremony, but never filed license with the court house afterwards, are you legally married?

Question

If you filed for a marriage license, had a ceremony, but never filed license with the court house afterwards, are you legally married?

Answer

Most clerk errors are correctable so yes. It is up to the person conducting the ceremony to solemnize the marriage by filing the forms with the clerk.

Mt Minor Daughter's Father died, his Father claimed Next of Kin and had him cremated before we were notified. She never received his Estate,...

Question

Mt Minor Daughter's Father died, his Father claimed Next of Kin and had him cremated before we were notified. She never received his Estate, do we have any Legal recourse?

Answer

Was there an estate i.e. did he die with a positive net worth? If so retain counsel to review distribution of estate in the county where he died.

Opted out of buying a home. Only signed the offer agreement. Our lawyer told us house was short sale ended up not being a short sale and sel...

Question

Opted out of buying a home. Only signed the offer agreement. Our lawyer told us house was short sale ended up not being a short sale and seller wanted to close by end of Aug. We didn't have the closing cost money because we thought we had more time since we were originally told the house was short sale. Can we get our earnest money back?

Answer

Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have. In addition, without the benefit of reviewing the purchase agreement, any answer merely would be a guess.

Answer

I totally agree with Mr. Moens. At the same time, we are not supposed to be giving legal advice without establishing a relationship with whoever posts a question. So we can only give general direction. Almost every 'standard' form of residential purchase contract offered by realtor associations has an attorney approval section, and today many of these forms actually have sections dealing with short sales. If you thought this was a short sale, then there should be something in the contract about it and if not it is something you should have told your attorney so he or she could have dealt with it in attorney review. So when you say you "opted out" of buying a home, there must have been some language in the contract, or negotiated into it, that gave you that impression. It is up to you to talk to your attorney to confirm these things. Attorneys can't function on "impressions" unless what you are suggesting is that you were somehow defrauded, and again it is up to you to share all the important information with your attorney. So this is intended solely to assist you in communicating with your attorney, and not as advice as to how the contract can or should be interpreted. The "attorney-client relationship" means a two-way street.

Good evening! Question - if I move to another apartment (for a reasons -noise, roaches, etc.) in the same leasing company - are they allowed...

Question

Good evening! Question - if I move to another apartment (for a reasons -noise, roaches, etc.) in the same leasing company - are they allowed to ask me a transfer fee what is not menthioned in originally contract?

May

Answer

A transfer fee is not mentioned, but moving to another apartment is probably not mentioned either is it?

My nephew in PA has been receiving threats for about a month, when the last threat was directed towards his family, he made a threat back to...

Question

My nephew in PA has been receiving threats for about a month, when the last threat was directed towards his family, he made a threat back to shoot him if he entered his property and harmed his family. Now charges are being pressed against him for terroristic threats. My nephew does have witnesses and copies of texts received supporting the threats against him and his immediate family. The phone conversation my nephew had with the lawyer stated that he could lose in court and go to jail. is this true? how is this even possible? and what would be some good advice? thankyou

Answer

Please call me and give me more details. Where did this happen?

215 370 2608 is my cell phone.

Will be happy to talk with you.

Answer

Anything is possible but I think there are a number of defenses to be raised. Where are you located? Email me if you wish

Where can you get a binder full of information about celebrites?

Where can you get a binder full of information about celebrites?
try people magazine

can DYFS take your new born from you if you get a DWI in NJ when you were pregnant

Question

can DYFS take your new born from you if you get a DWI in NJ when you were pregnant

Answer

Yes, that happens quite often. We can help protect you. Call us at 732/773/2768

njdyfslawyers.com

I stole from walmart on 11/7/14 and have recently got a letter which I was not told about when I was brought to the back room, I attempted t...

Question

I stole from walmart on 11/7/14 and have recently got a letter which I was not told about when I was brought to the back room, I attempted to steal at most $20 worth of merchandise, the letter stated to pay $50 but I am not working and have very limited funds. There were no police involved, did not go to jail and no charges pressed at the time. They only told me not to try to go on any walmart or sams club properties until 11/8/2015. What should I do?

Answer

You should apply to the Office of the Public Defender for an appointed lawyer, and you should insist on discussing your case confidentially with that lawyer a.s.a.p. Regardless, of what you do regarding the civil demand letter, the state may still prosecute you.

When signing my lease, the landlord had informed me (verbally) that overnight guest were welcome at the house. After signing the lease back ...

Question

When signing my lease, the landlord had informed me (verbally) that overnight guest were welcome at the house. After signing the lease back in April, I had texted my landlord requesting for a copy of the lease but received no response back. When I had seen him again to pick up the key later that night, he said it'd be no problem to get me a copy of the lease, but still to this day he hasn't provided me a copy. Now, where that becomes a concern is he is telling me that there may be a fine on my part for having my boyfriend visit me a few days. He says it was stated on the contract that I was not allowed to have guests stay over. However, while my boyfriend's stay, both times, my landlord was at the house almost everyday for hours, even had conversations with him and expressed no concern about the situation until this past Monday when he brought up having to report hmy boyfriend's visit to his lawyer. He came to visit May 21st and stayed until May 28th the first time, and the second time he stayed from June 4th until June 9th. On June 10th, this past Tuesday, I received a text from my landlord (after I had seen him in person at the house an hour prior to his text) asking me the total number of days he was here. He tried to say he was here for 15 days but after doing the math, he was only here a total of 12 days, and responded with saying that he will tell his lawyer it was 13. What should I do? I still do not have a copy of the contract and although I am planning to ask for it again, how will I know if the original contract was tampered with? What should I do?

Answer

The first order of business should be getting the lease agreement. Once you get the copy consult a lawyer.

I owe back child support for my two oldest children, previous relationship, and have aquired a warrant for my arrest for that and failure to...

Question

I owe back child support for my two oldest children, previous relationship, and have aquired a warrant for my arrest for that and failure to appear at last court date(10/2005). I never took the time to get a modification or anything. Today, I have matured and understand that I have to live up to my obiligations. I am now married with two children under the age of 10, with my youngest being 6 years old. My six year old is completing his final month of psychological testing. His stability counts on both my wife and I remaining in his daily routine. So, my question is, is there any way I can take care of the warrant without going to jail?

Answer

The very first thing you must do is retain the services of an experienced family law attorney to assist you with this difficult problem. While there are no guarantees that the court won't send you to jail for your failure to appear, the first thing that your attorney would do is to make a determination on whether or not you can avoid jail by posting bail and appear in your behalf in court on this matter. This first step would be a starting point on moving the case along to resolve the outstanding support arrears.

I have purchased a lot adjacent to me. In order for me to be able to build an 'accessory' building on this lot I would need to join it to my...

Question

I have purchased a lot adjacent to me. In order for me to be able to build an 'accessory'

building on this lot I would need to join it to my existing lot that also has my home. The

county requirements are straight forward. I need to record a new deed to show the new legal

description of the parcel combination. Vesting will be the same as the original two existing

deeds, which are both in my name.

The loan docs for my home have a acceleration clause ('Due on Sale'). By recording a new deed as

desribed above, will it trigger this clause, and if so can it be enforced according to law?

Answer

It is unlikely your bank will exercise its due on sale clause (provided you maintain your payments, etc.) since you will remain the owner of the original parcel. However, I would recommend contacting you bank to advise them of the deed change to avoid them finding out about it after the fact and assuming the worst. If they have a problem with it, you will find out in advance and can arrange for refinancing or take other appropriate action.

If you have additional questions, feel free to contact me.

-Riley Snow

Attorney

[email protected]/* */

(480) 477-6311

After a trial and an appeal, can I still take out a contempt of court filing against my sons dad for the difference in his responses between...

Question

After a trial and an appeal, can I still take out a contempt of court filing against my sons dad for the difference in his responses between the testimony he provided in person compared to how he answered me in his written interrogatories and admissions?

He said on paper that he has not nor had he ever had any contact or knowledge of being acquainted with the judges son, that he did not know him.

Then at the trial he admitted he went to school with him. Is that grounds for contempt? I did have a court reporter present at the trial and recorded him saying the opposite of what he answered in his interrogatories and admissions.

Answer

Lying on the stand is not contempt, it is called perjury.

North Carolina (NC) Pro Se plaintiff (sole prop) filing suit against foreign LLC with NC registered agent for process:Can NC Pro Se plaintif...

Question

North Carolina (NC) Pro Se plaintiff (sole prop) filing suit against foreign LLC with NC registered agent for process:

Can NC Pro Se plaintiff - personally make service of process (summons and complaint) to NC Agent via certified mail with RRR per Rules 3 and 4(j)(6)(c) ?

Or must a third party be used to deposit with the US Postal Service ?

thanks

Answer

A plaintiff (including a pro se sole proprietorship) can serve the defendant by certified mail by depositing with the postal service, and is not required to use a third party to deposit the papers with the postal service.

if something happen in 2011 how long do i got before i sue .. malpractice. hospital.. can i still file a lawsuit or its to late?

Question

if something happen in 2011 how long do i got before i sue .. malpractice. hospital.. can i still file a lawsuit or its to late?

Answer

You have two and a half years from the date the malpractice action arises to file a summons and complaint in Supreme Court or risk being time-barred by the statute of limitations.

If the malpractice occurred in 2011, you should speak with a malpractice attorney immediately so as to avoid having your claim rejected because of the statute of limitations.

You may call my office for a free telephone consultation.

Good luck!

Answer

Depends on whether this occurred in a private hospital, City hospital, State Hospital, federally funded health clinic, private doctor's office, etc. Get in touch with an attorney without delay. Best, M. E. Zuller

Hi-I have a question regarding construction contracts. Is it legal to say, "In case of lawsuit regarding unpaid fee, signee agrees to pay at...

Question

Hi-

I have a question regarding construction contracts. Is it legal to say, "In case of lawsuit regarding unpaid fee, signee agrees to pay attorney fees"? I noticed contention from a couple clients and want to be sure I am actually following the law in this respect, or if, as mentioned, this is just contention and strife coming from clients.

Thank you,

Joanna

Answer

There is nothing illegal about putting a provision in a contract that says the client has to pay your attorney's fees in case you sue for your fees. But the real complaint is -- what if the client wins? Today many contracts have a "prevailing party" rule, which means whoever "wins" has their attorney fees paid by the party who loses. The problem with construction contracts, is that at the end of a job in particular, you can say $X is owed, and the client can argue that $Y is owed, and if you can't resolve it you have to lien the job and sue to foreclose. The mechanic's lien statute allows attorney fees if you win too. So ultimately it will be a matter of negotiation. HOWEVER, some judges say if you put a provision in that says you get your fees no matter what and then you lose, then the judge will apply that in reverse and make you pay, OR will not enforce it as unfair if you lose.

if u had a paraphenilia charge in 2002 and then a under the influnce charge in 2012 is there any limit of tim e passed where the courts cant...

Question

if u had a paraphenilia charge in 2002 and then a under the influnce charge in 2012 is there any limit of tim e passed where the courts cant make u prop 36

Answer

COURTS CANNOT MAKE YOU PROP 36 against your wishes.

Answer

You mean you would rather just go to jail?

I bought a property that had a first right of refusal that was not offered to the holder does the holder of the first right of refusal have ...

Question

I bought a property that had a first right of refusal that was not offered to the holder does the holder of the first right of refusal have legal recourse against me?

Answer

Why? Now the seller has to answer. What did you do wrong? You had no duty to see that the seller honor a prior agreement.

John

Could you lose vacation time in the state of CA?

Question

Could you lose vacation time in the state of CA?

Answer

I need just a bit more information. What kind of job? Employment contract? Thanks! Then I can comb through the law and come up with an accurate answer.

I got a call from a mediator saying that I'm going to have a warrants out for my arrest for an internet loan that my ex filed for. I haven't...

Question

I got a call from a mediator saying that I'm going to have a warrants out for my arrest for an internet loan that my ex filed for. I haven't got a letter about the this. She said has an affidavit that she is going to sign off on it if I dnt pay by the next day. She wouldn't let me talk to the prosecutor or her client to better understand the whole situation. Could it be a collector trying a scare tactic to make me pay it? I looked up the number she called from and there are fraud complaints about this person/ number. What do I do?

Answer

A mediator would not call you and tell you that a warrant would issue. Unless you have been served with papers, no warrant would issue. No warrants are issue in civil cases unless you are served with a citation and fail to appear, and that requires personal service, so it would seem that this person is attempting a scare tactic in violation of federal law. If you know the name of the client, then send them a certified letter demanding proof of the debt and demanding they cease collection efforts until you are provided with same.

Answer

That was no mediator. It was more than likely a sleazy debt collector. Unless you signed an agreement to repay the loan, you are not even remotely responsible for it. Even if you are responsible for the debt, I am not sure how many Fair Debt Collection Practices Act violations your question contains. Contact a consumer protection attorney or the attorney general's office.

Which parent is responsible for changing a child support withholding order when a child turns 18 or graduates from high school? I ask this b...

Question

Which parent is responsible for changing a child support withholding order when a child turns 18 or graduates from high school? I ask this because my ex, who has paid CS for 6 children, neglected to get the withholding order changed after our first son graduated and now that our last son is about to graduate, claims that he has "overpaid."

Answer

It's your ex's problem, not yours. Your obligation is to testify truthfully if subpoenaed. I would suggest that you retain an attorney if, as it seems, your ex is trying to go after you for any overage he calims he may have paid.

Can a non-custodial parent who has a dependent child exactly half the year claim "head of household" status on their Federal and State incom...

Question

Can a non-custodial parent who has a dependent child exactly half the year claim "head of household" status on their Federal and State income taxes as long as they DO NOT claim the child as an exemption? There is no form 8332. The parents have split (50/50) custody of the child. The custodial parent has a higher income (AGI). I was under the belief there was a tax table benefit to that status over a 'single' status.

Answer

In order to qualify to assume "head of household" status, the taxpayer must have provided a home for the child for more than half the year.

Serious question. I lived in America for 11 years and was hooked on drugs. I robbed 6 houses and as a first time offender got 15k bail and o...

Question

Serious question. I lived in America for 11 years and was hooked on drugs. I robbed 6 houses and as a first time offender got 15k bail and on original indictment was sentenced 3-5 years but my lawyer got it down to 1 year in a program. Then one week before my program my friend robbed a lady on the street for her phone and i was with him so when the police found us they chased me too but i ran away and he got caught. Before the warrant got issued for my arrest on that robbery i ran away and now am living in a different country that doesnt have extradition laws with the US so America cant do anything to me here. But, I still want to come back to the US and just do that year in rehab and get my act straight is there anyway possible that I can do this?

Answer

You will be arrested at the border on the warrant.

Can I be forced to testify if I am sitting in the courtroom, even though I'm not on the witness list and have not been subpoenaed?This is a ...

Question

Can I be forced to testify if I am sitting in the courtroom, even though I'm not on the witness list and have not been subpoenaed?

This is a custody dispute with my Wife's ex husband.

Answer

If the judge wants to hear your testimony, I think you will have to testify.

I live in Illinois. My husband has been out of town since Dec 2011 due to work. He will be home this Nov for good. We are happily married. M...

Question

I live in Illinois. My husband has been out of town since Dec 2011 due to work. He will be home this Nov for good. We are happily married. My mother has borderline personality disorder and due to her illness we do not allow her to be around the kids. She tries to cause trouble between my husband, children and I. My mother has threatened to take us to court for grandparent visitation rights. She says we have been brainwashing our kids to hate her which is not the case. Her basis for trying to attain these rights is because my husband has been gone and she says that him being gone that long constitutes my husband and I temporarily living apart. She is also using the fact I am a recovering alcoholic. My husband and I have never been in any legal trouble and are responsible parents. Two of my children have Aspergers and PDDNOS aged 16 and 11 and we have a 9 year old daughter. They are aware that their grandmother has been "sick". My question is does my husband working out of town fall under what the grandparents visitation rights constitute?

Answer

No. Simply being out of town because of job requirements is NOT one of the grounds involved in grandparent visitation rights. It requires separation under a divorce or legal separation lawsuit, which is NOT the case. The amount of time involved per se is not relevant. That may not stop her from trying to cause trouble. Best of luck; get an attorney involved if things get worse. PS document any incident involving her including getting the police involved if appropriate; you may need the "ammo" in the future.

Answer

If you and your husband do not want his mother to see the children, grandma has a very high burden to overcome to obtain an order. The fact that her son is out of town is not relevant.

I just was fired from may job they said i was not focused. may pay check said i have 80 hr vacation pay 12.9 hr sick pay earned they did n...

Question

I just was fired from may job they said i was not focused. may pay check said i have 80 hr vacation pay & 12.9 hr sick pay earned they did not pay me for anyoff that

Answer

I'm sorry to hear that you have lost your job.

You should have been paid all wages and for all time then due and owing to you.

Our office handles wage claims, and I would be happy to speak with you about your case. The law mandates that you first file a complaint with the attorney general's office, which our office can assist you with. An employer must pay three times the amount that is owed to you, plus your attorney's fees, in the event they wrongfully withheld payment.

I can be reached at 617-357-4898.

Answer

I agree with my colleague. We can also handle these claims at no cost to you. Feel free to contact us for a free review of your documents.

My brother has started probate on my deceased father estate (died 1/1/14) and included property that my father deeded solely to me 8 years a...

Question

My brother has started probate on my deceased father estate (died 1/1/14) and included property that my father deeded solely to me 8 years ago. How can I have the property removed from the estate as it did not belong to my father at the time of his death

Answer

Did you record the deed? If not, you can still record the deed.

You should contact your brother or his attorney and tell them that the property belongs to you and you have the deed to prove it. Depending on how he responds (i.e. he could claim the transfer was fraudulent) you may or may not need to consult with a local probate litigate attorney to defend the transfer.

Answer

Was the deed granting the property to you recorded? If it was, then your brother would have to file a petition under Probate Code section 850 claiming that the estate should own the real property in question. He can't just add it to the estate Inventory & Appraisal. If he does you should certainly file an objection. It's probably best under your circumstances to review the case documents with a trusts and estates attorney.

If the deed granting you the property was not recorded, then you may have some problems, but you could file a Probate Code section 850 petition of your own, with the help of an attorney.

At what age does the courts consider the child's wishes in determining custody if one parent chooses to move out of town

Question

At what age does the courts consider the child's wishes in determining custody if one parent chooses to move out of town

Answer

The Court will appoint a guardian to speak for the child. Kids do not come to court. Contact my office for free consultation 727-446-7659

Answer

Kids don't get to choose until they are 18, but a judge will often consider a child's desire a little earlier. There is no hard and fast rule, but judges will usually listen to a child's desires at around 15 or 16, sometimes a little earlier. At 17, most judges will let a child live where he or she wants.

Answer

Hello: I'll add more to the previous answers. Under Florida statutes, chapter 61, there are provisions setting out the factors a court must consider in determining custody if children. Mainly, section 61.13 is where this is found.

There are several factors listed. One allows for the desires of the children to be heard so long as they have the knowledge and understanding of the circumstances. A child custody evaluator is usually appt. by the court. The children can speak to the evaluator. If there is a trial, the lawyer must file a motion for authorization to bring a minor child to court.

Each judge may handle the testimony differently. He/She may ask the parents to step outside while judge speaks to the children or some other procedure. There is no age stated in the statute. We know through experience, a child 12 or so can usually have some influence as to preference of residences. A 16 y.o. will have more influence.

If my office can be of any assistance in No. Fla. pls. give us a call. Tom Rosenblum

I am un unmarried women in a 40 yr relationship. I am the bnf to all his investments. He owns the home we live in, which has no mortgage. Wh...

Question

I am un unmarried women in a 40 yr relationship. I am the bnf to all his investments. He owns the home we live in, which has no mortgage. What happens to the home when he dies.?

Answer

It will go according to his wishes if he has an estate planning or according to the laws of intestacy if he he has none. In other words, you won't get anything automatically

in the state of mich ,can the state take your home if your in a nursing home, unable to pay.

Question

in the state of mich ,can the state take your home if your in a nursing home, unable to pay.

Answer

You or your loved ones need to speak with an elder attorney for assistance. Good luck.

I'm currently in the process of divorce, in which I am the defendant. We have recently completed a Pendete Lite Order, and am now being requ...

Question

I'm currently in the process of divorce, in which I am the defendant. We have recently completed a Pendete Lite Order, and am now being requested to provide the "Requests for Production of Documents", and to answer to the "Interrogatories to Husband". It is my understanding that these are in place to establish a set Child Support order, and to determine whether in fact Adultery was committed. My question is: If I simply state to the Court that I acknowledge the Adultery, and give up my rights to the children, do I still need to fulfill these requests?

Answer

No, the court hearing your divorce matter is not going to allow

you merely to "give up (your) rights to the children" under the circumstances described and apparently as a means to evade

your ongoing responsibility to pay support for these children.

And, therefore, yes, you need to respond to the discovery requests with which

you've been served and within the timeframe(s) alloted.

my ex is playing find it if you can, stonewalling, and figure out who's name are the properties under. she also used California ReconTrust C...

Question

my ex is playing find it if you can, stonewalling, and figure out who's name are the properties under. she also used California ReconTrust Co. a BofA subsidiary to send our primary home into foreclosure at the trustee sale her broker that she works for bought it at the sale, I searched the county recorder's records and found that several properties were used to negotiate the sale without my john doe. how's that for icing not one of the few attorneys I've retained have felt like she done no wrong so I'm taking the case on my own can you show me some love

Answer

Knock yourself out Tex!

But you might want to fix some of your colloquialisms. A signature is called a "John Hancock" not a John Doe. John Hancock was President of the Colonial Congress and one of the signers of the Declaration of Independence. His signature is the larges on the Declaration of Independence and the most prominent.

John Doe is the name given to an unidentified deceased male in a storage locker at the coroner.

Answer

Knock yourself out Tex!

But you might want to fix some of your colloquialisms. A signature is called a "John Hancock" not a John Doe. John Hancock was President of the Colonial Congress and one of the signers of the Declaration of Independence. His signature is the largest on the Declaration of Independence and the most prominent.

John Doe is the name given to an unidentified deceased male in a storage locker at the coroner.

How much time can I face for driving on a revoked license times 3 in Illinois?

Question

How much time can I face for driving on a revoked license times 3 in Illinois?

Answer

A lot. You need to hire the best attorney you can afford to learn all if the facts, do the research, and keep you from doing any time. You may contact me directly if you do not have an attorney in Illinois.

I was the owner of a vehicle that was involved in an accident which caused property damage. I was not driving and the person driving did not...

Question

I was the owner of a vehicle that was involved in an accident which caused property damage. I was not driving and the person driving did not have permission to drive. I did not have insurance at the time of the accident. The driver was charged with a DWI and was ordered to pay restitution which he did not. I am being sued by the homeowner's insurance company for the property damage. I have opted to settle with the insurance company because they told me if a judgement is issued against me, they can have my driver's license suspended. I do not have a Minnesota driver's license; it is from Arizona. Is there a law in Minnesota which allows insurance companies to do this?

Answer

This fact pattern and law would have to be researched. You should consult an attorney and hire them to research this and give you an opinion.

Nathan Hansen

651-704-9600

Answer

You should confer with an attorney at this time so she/he can assist you and advise you. Fuller details need to be known in order to provide sound counsel to you. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Insurance Law, Minnesota Traffic Law, http://dwyerlawfirm.net

I live in va. I have a granddaughter who is in foster care in florida. My daughter and the father are willing to sign her over to me and if ...

Question

I live in va. I have a granddaughter who is in foster care in florida. My daughter and the father are willing to sign her over to me and if the courts grant me full custody of her, I want to know if later down the line the parents get it together and want her back if it is an easy process here or a long drug out process. I would be willing to care for her completely til they are ready to take care of her properly. We just want to know if they could ever get their parental rights back?

Answer

One doesn't merely "sign over" custody of a child but rather must properly

petition the appropriate court for such a determination and order, but even if

such an order were granted in your favor, it would in no way signify

that the rights of the parents to this child had been necessarily terminated.

I was convicted in San Diego County of a misdemeanor and sentenced without bail to 180 to days in jail. While I was serving time in jail for...

i own my own land in texas ...with my wife and mother ...my mother has married again ...now her husband is what i think would be considered ...

Question

i own my own land in texas ...with my wife and mother ...my mother has married again ...now her husband is what i think would be considered harassing us by running all types of farm equipment all hours of early morning ..if we say anything about this it gets way worse ...his name does not appear on our deed ...i have five children who like us would like to sleep in on weekends but cant ...does this man have a right to whatever he wants when he wants on land he does not own ?

Answer

No. You need to evict your mother and her husband. Your mother has made a choice. Make her live with it.

Resident of Oregon. Manage a small motel in exchange for rent. The owner is going to abandon the property due to financial hardships. Mortga...

Question

Resident of Oregon. Manage a small motel in exchange for rent. The owner is going to abandon the property due to financial hardships. Mortgage is held by a 401k realty trust.We have over a dozen people here as long term tenants who are on SSD and SSI who really can't just get up and move. What are our options ?

Answer

What does "abandon" it mean? That it's being turned over to the mortgage company? If so, you will need to work with the mortgage company or its attorney to see what you can work out. But as the new owners, there's nothing to keep them from setting up their own management structure and evicting and replacing tenants after giving proper notices. Sorry, but best of luck!

Do you think that avoiding jail time and paying fines are possible although I am be charge with my second offense of retail theft. First tim...

Question

Do you think that avoiding jail time and paying fines are possible although I am be charge with my second offense of retail theft. First time it was a summary 5 years ago, and this time is a misdemeanor 1. This occured in montgomery county. What is going to happen at my preliminary hearing?

Answer

Possible but a lawyer would be a good invesr

Tment. No charge to talk 215 370 2608

Glad to help.

Answer

No. You can probably not have to jail time just probation or intermediate punishment. There will be a fine though not as much the costs.

Obviously u didn't learn your lesson. 1) don't steal. 2) don't keep stealing when you get caught.

John

can a person who is in prison refuse to allow the partner to get a devorie because she has ruined his credit by max all credit card signing ...

Question

can a person who is in prison refuse to allow the partner to get a devorie because she has ruined his credit by max all credit card signing his name to legal document such IRS tax returns... and other credit cards. someone else has his POA before she did this......

Answer

It would be a contested divorce. These problems should be brought to the judge's attention so she can be ordered to pay for the credit cards she ran up. Also, of course, you should call the credit card company to challenge the charges and call the IRS to inform the agency your signature was forged. If someone else has your POA, that person can make the calls and try to undo the damage. Don't forget to request that as part of the divorce order she pay all credit cards she opened in your name or used. If she fails to pay in accordance withi the decree, she can be found in contempt.

Also licensed in NY.

Can an employer change job requirements after employment date?

Question

Can an employer change job requirements after employment date?

Answer

Unless you have a written employment contract that specifies them, AND are not an at will employee, the employer can change the terms and conditions of employment at any time.

state child support sent letter saying that they overpaid me. They want to take money from future payments until its paid back. Other parent...

Question

state child support sent letter saying that they overpaid me. They want to take money from future payments until its paid back. Other parent isn't current with payments and owes me over $10,000 in support. Found this regulation saying that they can't take future payments without my permission. Is this true?

http://www.acf.hhs.gov/programs/css/resource/recoupment-of-a-child-support-overpayment-guidance-2002

Answer

You found the Federal Gov't regulation, not the State of Florida. You need to see what Florida says.

Answer

You should file a motion with the court to stop this, if the ex is in arrears then there is no way you should have to pay money back.

My grandfather left me a large trust fund, i am 33 now and my parents still wont give me any info about it. How can i force them to give me ...

Question

My grandfather left me a large trust fund, i am 33 now and my parents still wont give me any info about it. How can i force them to give me the trust fund document and acounting info, so i can at least know what it is and how it is being handled?

Answer

You should have demanded a copy of the trust instrument, and demanded an accounting. I suggest you consult with an attorney who has handled litigation over trusts.

my step daughter has left her mothers home and moved in with my self and her father. Her mother has custody and we have visitation opn weeke...

Question

my step daughter has left her mothers home and moved in with my self and her father. Her mother has custody and we have visitation opn weekends and summers. Cryatal my stepdaughter is now 17 years old and does not want to return home to her mothers. He mother continues to herass her and demand she return. does ahe have to to return? we have spoke to the attorney general about the child support and they advised us we have to wait 6 months before they can help us stop the child support. a lawyer wants over 4000 just to help us with the custody part. We can not afford thet paying over a 750$ pluse 240$ in insurance. can you tell me anything that might help us out?

Answer

Look on this website and on www.avvo.com for an attorney that you can afford.

The moment she turns 18 she does not have to visit her mom any longer.

If the mother is abusive then you have no choice but to go to court and modify the visitation.

You might try mediation.

Good luck.

I hope this info is helpful.

www.familylaw4u.com

713-847-6000

My girlfriend is thinking of moving to iowa from illinois. i literally live on the state borderline 2 hours from where she is in illinois. s...

Question

My girlfriend is thinking of moving to iowa from illinois. i literally live on the state borderline 2 hours from where she is in illinois. she has a baby and the father lives in llinois, but they were never married. Can she move here and what are the odds of her being able to stay here? Thanks!

Answer

That's a question for an Illinois lawyer and it demands some knowledge of whatever custody and support agreement is in place over there.

My sister and her husband have been separated for about 10 years now. She would have loved to divorce him, but doesn't have the money and he...

Question

My sister and her husband have been separated for about 10 years now. She would have loved to divorce him, but doesn't have the money and he was threatening her with taking the house. Their children are adults so they will not be involved. Now he has a new girlfriend who made up divorce papers over the Internet for my sister to sign. Is this something my sister can trust or do you recommend someone who could look at them and give her advice without charging her a fortune?

Answer

I would be happy to talk to your sister on the phone without charge. She should have legal guidance

My web site is www.saulhsegan.com

Cell phone is 215-370-2608

I do cover Northampton County.

If she does require services, I will be very reasonable. Sounds like he has controlled much of her life till now. Time for that to stop.

Best wishes

Saul

I recieved a judgement against a Towing Co. and a Property Management Co.. The judgement reads: The Courts ORDERS that F___ M____ recover fr...

Question

I recieved a judgement against a Towing Co. and a Property Management Co.. The judgement reads: The Courts ORDERS that F___ M____ recover from the Defendants U_____ T___,LLC and U__ P_______ M_______,LP the sum 4000.00; and prejudgement interest on that sum at the annual rate of 5.00%,in the of 170.41, post judgement interest on the total sum at the annual rate of 5.00%, and court cost. Does this mean that each Defendent have to pay the sum of 4000.00 and interest and court cost?

Answer

No. You have a judgment for $4000 and it may be collected from either or both of the named Defendants.

Sharon Campbell

Is it possible to challenge the beneficiary of a Will and/or life insurance policy if the beneficiary has dementia/Alzheimers?

Question

Is it possible to challenge the beneficiary of a Will and/or life insurance policy if the beneficiary has dementia/Alzheimers?

Answer

Yes

Is an HOA legally liable in a dispute over use of ultrasonic devices for barking control?

Question

Is an HOA legally liable in a dispute over use of ultrasonic devices for barking control?

Answer

Legally liable? How so (and for what)?

If a creditor gets a judgement against me can they foreclose on my house if 3 people own it?

Question

If a creditor gets a judgement against me can they foreclose on my house if 3 people own it?

Answer

Unless you have no mortgage, it is unlikely that s creditor will foreclose on your house. You get to keep the first part of the equity. The facts that there are other owners (presumably not on the judgment) will further deter a foreclosure.

Good luck

My condo association issued a lis pendens at bay county Florida, I have never received a itemised bill as yet, and told the association lawy...

Question

My condo association issued a lis pendens at bay county Florida, I have never received a itemised bill as yet, and told the association lawyer that I need to know how much I owe, and also that the mortgage is owed by SBA for 98K and the property value is only 46K so not sure if I need to tell SBA as they would not allow a forclosure. or do I need to file a notice of appearance , as I have not done any of that

Answer

Hi. If a lis pendens was filed, I assume it was filed as part of a foreclosure action against your property. If so, the first thing you would probably want to do is file your appearance in the case as well as any answer and defense(s). If you don't file an answer in the case, the association will ask the court for a default judgment against you. The complaint filed against you should also itemize the amounts currently due and owing - at least as of the date the suit was filed.

can a person get probation on a aggravated robbery charge

Question

can a person get probation on a aggravated robbery charge

Answer

Not straight probation but deferred adjudication probation.

how do you proof that there was no sexually intercourse in a marriage ?

Question

how do you proof that there was no sexually intercourse in a marriage ?

Answer

Personal testimony by the people involved.

Answer

What would be the relevance? It has no relevance in today's divorce system whatsoever. Judges do not want to hear this stuff in a no fault divorce proceeding.

Answer

California family law does not require proof of this nature. A divorce can be granted based upon irreconcilable differences.

If i plead guilty to a possession of a controlled substance charge, and not guilty to a possession with intent to sell and driving on a susp...

my sisters lied in their affidavits submitted in a surrogate proceeding in New York. Arent they liable for perjury?

Question

my sisters lied in their affidavits submitted in a surrogate proceeding in New York. Arent they liable for perjury?

Answer

If you can prove it.

I want to build and live in a "Tiny House", but I don't know the laws, permits and ect required to do that. I live in San Bernardino, CA. I ...

Question

I want to build and live in a "Tiny House", but I don't know the laws, permits and ect required to do that. I live in San Bernardino, CA. I can't understand any of the legal terms on the county website. Can you dumb it down for me?

Answer

I'm afraid translating whole chunks of building and zoning laws from legalese to simpler terms goes far beyond what you get for free on a Q&A website. If you have a specific question or two we'd be glad to help. But you are more likely to get the help you need by going down to the building and planning department and asking for assistance.

Answer

Yup, I agree......go to the planning and building permit offices of the city (or county) and make the acquaintance of the staff members. You'll get (probably) better advice, and free.

How can I get out of a mortgage that is is 4 names on a duplex I have paid my half for 19 years

Question

How can I get out of a mortgage that is is 4 names on a duplex I have paid my half for 19 years

Answer

A one-line question on a complex subject may leave attorneys with ideas on what your answer may be scratching their heads and wondering whether they've guessed correctly about the facts not given. What does "4 names on a duplex" mean? Four buyers? Four borrowers? Did two of them buy one unit and the other two the second unit, or is everyone a co-owner? Why is your responsibility one-half, rather than one-fourth? Was it a 15 year loan, or 25, or 30? There is an endless list of additional questions. One possibility for you is to re-post on LawGuru, giving a lot more detail (no names or addresses, of course). Or, if you wish, e-mail or call me directly, as I'd be happy to give you some alternatives ([email protected]/* */), but it's just not possible to figure out how to "get out of a mortgage" entered into with other people and perhaps not fully paid off without a lot more particulars.

Answer

If you truly have 4 debtors on the mortgage, the only way to remove yourself from the debt. is with the lenders consent. Good luck with that.

You could also have the others buy out your interest and refinance. Of course if you have all parties agree, thee are several ways to proceed. More facts are required.

Answer

There has to be a refinance, which is done with the lender's consent, or a new lender. If your name is on title, no institutional lender is willing to refinance in the names of the other 3 people without getting your name on it as well.

Is an ex-wife entitled to a portion of ex-spouse's retirement pension if they weremarried ten or more years prior to divorce? (As Social Sec...

Question

Is an ex-wife entitled to a portion of ex-spouse's retirement pension if they were

married ten or more years prior to divorce? (As Social Security does) Does it matter

whether pension is from a government agency or private industry?

Answer

these are very important questions and there is a lot of money involved.

you MUST get to a divorce lawyer and get some advice. please.

A collection agency is trying to collect a credit card balance wherein I made my last payment a little over 5 years ago. It was in my name o...

Question

A collection agency is trying to collect a credit card balance wherein I made my last payment a little over 5 years ago. It was in my name only. I am on social security. My husband is also on social security and receives a monthly retirement stipend. Can they garnish my social security or freeze our bank account? What can they do to me?

Answer

They cannot attempt to garnish until they obtain a $ judgment. Should they start litigation, raise the defense of Statute of Limitations in your written answer.

Answer

It is likely that the statute of limitations may have run on the debt, but that is determined in part by the credit card agreement. I would send the collection company a cease and desist letter and a debt verification letter. Both of these you can obtain by going to www.ConsumerLawyerHelp.com. The cannot garnish your SS. See samd website for garnishment.

Is it lawful to carry in the housing project if issued an Illinois Conceal Carry License?

Question

Is it lawful to carry in the housing project if issued an Illinois Conceal Carry License?

Answer

despite the right to carry a gun pursuant to the 2nd Amendment, generally, when you agree to be a public housing tenant, you sign an agreement that you will be subject to certain rules. one of the rules is to not have any firearms while on the grounds of the public housing area. if you do not honor the agreement, they can have you evicted.

i can be reached at 312-372-5600.

elfreda dockery

I am looking for a form to file a modification of a legal divorce decree

Question

I am looking for a form to file a modification of a legal divorce decree

Answer

A few counties (Fulton and Dekalb) have some forms on their website. Now a warning: Pro se modifications usually go badly. If you had a serious cavity would you drill your own teeth at home? No, you'd hire a professional. If you want to have a serious chance of prevailing, while you could adapt those forms to your county, you need a professional (called a lawyer).

My father remarried in 2001, and shortly thereafter created a Life Estate for his new wife and myself (his adult son). My name was put on th...

Question

My father remarried in 2001, and shortly thereafter created a Life Estate for his new wife and myself (his adult son). My name was put on the house (solely), and me and my stepmother were put on the Life Estate. The Life Estate provided that if my father passed, my stepmother could stay in the house (or rent it) until she passed. My father passed just 4 short months after they were married. My stepmother chose to move away and rent the house. Since May 2001, she has rented the house, and has paid all of the taxes and the insurance. Two weeks ago, she passed. I contacted the real estate agent who has been managing the property for my stepmother. I asked her for a copy of the lease and was told that legally, she could not provide it. Is this true? Does the lease become null and void upon the passing of my stepmother? Can I cancel the lease? Do I automatically become the owner (or leaser) of the lease? Anything else I should know or be aware of?

Answer

No one who has not read the deed could answer that. And you will likely need a lawyer, may need a probate proceeding or other action.

I applied for a positon at tutor.com and they require me to sign paperwork that includes the agreement about "Works made for hire" and "assi...

Question

I applied for a positon at tutor.com and they require me to sign paperwork that includes the agreement about "Works made for hire" and "assignment." The particular clause that bothers me is "2.4 Assignment. Without in any way limiting the foregoing, Employee hereby irrevocably assigns to the Company all right, title and interest to all Inventions, including but not limited to patent rights." Which seems to me like they want to own anything I come up with regardles of whether or not it relates to work performed while tutoring. Is this accurate?

Answer

The default under US law is that your employer would be the rightful owner of any IP created within the scope of your employment while at work. Some employers have employees agree to terms that extend to any IP created even while not at work. Often analysis in this regards comes down to questions like was the employee on company time, using company resources, etc.

You can ask to modify the provision to limit it to say while on company time and within the scope of your employment.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

After serving the required 90 day Notice of Intent to Sue Letter in a Medical Malpractice case, can the 90 day Notice be tolled, if more tim...

Question

After serving the required 90 day Notice of Intent to Sue Letter in a Medical Malpractice case, can the 90 day Notice be tolled, if more time is needed? I know the 90 day Notice tolls the SOL, but when the 90 days is about to expire and more time is needed, what option can be used? Tolling the 90 day Notice, or Tolling the SOL (if all parties stipulate)

Answer

It is the statute of limiations that needs to be tolled. There are agreements to make sure its done properly.

#CaMedicalMalpractice

www.SelikLaw.com

Do the State laws in Colorado and Washington making Marijuana legal supersede the Federal law making it illegal?

Question

Do the State laws in Colorado and Washington making Marijuana legal supersede the Federal law making it illegal?

Answer

No. Federal laws always trump conflicting state laws. That doesn't mean the federal government will enforce its laws in routine marijuana cases. But it has as much right and authority to do so now as it did before the state laws in Colorado and Washington were passed.

Answer

No.

30 YO PERSON 1 (PER 1) states they found a cell phone in a hotel vending area. parent of PER 1 looked through pictures of cell phone and fou...

Question

30 YO PERSON 1 (PER 1) states they found a cell phone in a hotel vending area. parent of PER 1 looked through pictures of cell phone and found a picture of someone staying at hotel. parent told PER 1 to give cell phone to front desk show picture of guest and wash hands of incident. PER 1 states "fuck that, their insured". (all parties involved are extended stay guests) few weeks go by cell phone owner (PER 2) approaches parents of PER 1 and shows pictures of PER 1,name, and phone calls made from lost/stolen cell security app and sent to her new cell phone. PER 2 tells parents since PER 1 not around that she wants to be made whole again that's all and no hard feelings. Per 2 would like $200 dollars for her new galaxy s5 (has reciept) and her old phone back that's it. If not given back she is going to the police with the evidence and sign complaints. parents informed PER 1 who said she can go scratch I found the phone and she got a new one so her old phone is mine. she can't have me arrested I found the phone. Parents can't convince PER 1 that he can be charged with theft or poss of stolen merchandise. PLEASE HELP! Thanx in adv. Parents of Per 1

Answer

I'm not sure what help you are looking for at this point. You are absolutely correct that your son can be arrested because the use of a location app can be used to arrest him. I hope that doesn't happen. Based upon the value of an S5, your son could be facing felony theft charges. Whether he would be found guilty is a whole different story.

Mother in law entered into an agreement with a local attorney to file for divorce. She paid 10,000 and agreed that if she changed her mine t...

Question

Mother in law entered into an agreement with a local attorney to file for divorce. She paid 10,000 and agreed that if she changed her mine the fee was forfeited to the attorney. However, she died 2 months later, Is the lawyer still entitled to the fee?

Answer

Divorce is among living people so the case is over the attorney should give you any unused money back

Is a Will and Trust drawn up and executed in Florida valid in New Jersey?

Question

Is a Will and Trust drawn up and executed in Florida valid in New Jersey?

Answer

Should be, although the FL witnessing and self-proving language for a Will, being different from that used in NJ might make the probate of the Will somewhat difficult. The trust should be good regardless of the language used by the Notary. I would suggest doing a Codicil to the Will wherein the original Will is republished in its entirety by reference to it, and have the NJ self-proving language in the Codicial. This would be a lot less expensive than redoing the document.

Answer

Almost always a Will from somewhere else is going to be valid in New Jersey. The bigger question might be whether you would benefit from some tax advise as the estate and inheritance tax laws are very different compared to Florida.

Kevin A. Pollock, J.D., LL.M.

www.PollockAtLaw.com

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

Also, visit my blogs at:

http://WillsTrustsEstates.blogspot.com/

http://BaseballLaw.blogspot.com/

--------------------------------------------------------------------------

The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Does an Adopted Child Have Inheritance Rights and what are they for Calif. , my Hushand is Adopted, the Living Will of his Adopted parents w...

Question

Does an Adopted Child Have Inheritance Rights and what are they for Calif. , my Hushand is Adopted, the Living Will of his Adopted parents was made up in 1992 when Adopted Father was still living husband is in the living will. Adopted Father passed away 3 years ago and Adopted Mother is still living she is 98 years. She has to of her own natural children and they made changes in the old living will, which I still have a copy of. They made changes since my Adopted Father past away. I do not know what the changes are. My adopted family know longer has anything do with me or the mother and she lives close to us, it hurts not knowing and the possible that her children got her take me out of her Will. If they had there natural mother cut me out or change the Will do I have Inheritance Rights. Steve and Darlajean Moore

Answer

If I understand your post correctly, the following apply:

1) Adopted children inherit from their adopted parents in the same manner that natural children born of those parents would inherit.

2) Altering a will after the maker of the will has died is illegal, and the altered will is not valid.

You need to be talking to a competent probate attorney, today.

Answer

Mr. Roach is correct. Once adopted, your rights are identical to a natural child. That does not, however, mean you automatically inherit. A child can be left out of a will or trust.

Mr. Roach is wrong, however, in his implication that a "living will" (which is a form of trust, not a will) cannot be altered once one of two married trustors dies. It MAY become irrevocable, and for tax reasons it usually is good for it either to become irrevocable or split into what is called an A-B trust, but without knowing the terms of the trust there is no way to say for sure.

He is right again that you need to go see a lawyer in person.

I piad my car registration fee before the due date after six months or so I attended the birthday party of my grand-daugther in a Park the s...

Question

I piad my car registration fee before the due date after six months or so I attended the birthday party of my grand-daugther in a Park the sheriff give me a ticket I submitted the receipt of payment together with the registration paper but the Parking Enforcement Officer insist that I park illegally.

What should I do?

Answer

Pay the ticket if you parked illegally.

Answer

Paying a car registration fee does not entitle you to park illegally. These are separate concepts.

What are the release dates for Clean Getaway - 2011?

What are the release dates for Clean Getaway - 2011?
Clean Getaway - 2011 was released on:

USA: 27 September 2011

I filed chapter 7 about 3 years ago. I kept making my mortage payments but the statements that come indicate that i have an option to pay or...

Question

I filed chapter 7 about 3 years ago. I kept making my mortage payments but the statements that come indicate that i have an option to pay or not pay. What does that mean?

Answer

The Proper Answer It probably means you never formally re-affirmed the debt. You stop paying and you could lose the property.

How old do you have to be to drive the back of a tiller firetruck?

How old do you have to be to drive the back of a tiller firetruck?
30 and older

I am a Syrian student that is going to study in Ohio next year. My question is, what are all possible ways I can obtain the Greencard or the...

Question

I am a Syrian student that is going to study in Ohio next year. My question is, what are all possible ways I can obtain the Greencard or the U.S. Citizenship?

Thank You.

Answer

Hi. In general there are four ways to obtain permanent resident status.

1. Family based.

2. Employment based.

3. Asylum

4. Diversity Visa

Your best bet is to discuss your personal history with your lawyer who can then guide you accordingly.

An employee of my Company accessed company emails after she no longer worked for the company. She also deleted emails and forwarded emails w...

Question

An employee of my Company accessed company emails after she no longer worked for the company. She also deleted emails and forwarded emails which were recipes and other proprietary information to her personal email account. Additionally she was working on her own competing business during the day while she should have been doing work she was being paid to do for my company. She also was using all the contacts of my company, from designers to accountant? What recourse do I have?

Can I file a criminal lawsuit as well.

Answer

You have a number if civil and criminal charges you can pursue. The starting point would be to get a lawyer to write a cease and desist letter and demand return of all proprietary information and materials.

Answer

You have potential grounds for a civil lawsuit for damages. Criminal charges are filed by the DA, and are started by you trying to file a police report on any crimes committed.

If the amount of provable damages is sufficient, you could justify filing the civil lawsuit in Superior Court, but at the least you should start as indicated by Mr. McCormick, with a 'nasty-gram' demand letter from counsel. If serious about hiring counsel to help in this, feel free to contact me.

Is it legal or illegal in Wisconsin to pull another driver out of the ditch after sliding in during bad weather?

Question

Is it legal or illegal in Wisconsin to pull another driver out of the ditch after sliding in during bad weather?

Answer

While it may not be illegal, if a law enforcement officer sees you, he will certainly investigate further to make sure that everyone is OK, sober and otherwise legal, and will probably issue some sort of citation to the driver who left the roadway. There is also a duty to report traffic accidents if the incident qualifies as one of those. On a freeway or other major road, anyone not a licensed wrecker or emergency vehicle operator could be sited for obstructing traffic, deviation from designated lane, etc. Basically if this is anything more than an easy, short distance pull, you should probably hire a professional, unless it is an emergency or busy time when all the wreckers are occupied and unavailable due to a massive storm, etc.

Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www./answers/search/attorney/jknixon, as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials..

Hi, I have a question for my H1/H4 Visa. Actually my both the Visa got approved on the same date. Is there anyway to find out, which one is ...

Question

Hi, I have a question for my H1/H4 Visa. Actually my both the Visa got approved on the same date. Is there anyway to find out, which one is active now?

Also, is it possible to revoke my H4 after approval?

I tried calling USCIS, they don't any information about it. They can only tell me that its approved thats it.

Any help is really appreciable.

Thanks...

Answer

You will be considrred in H-4 status until you begin your H-1B employment. You can't withdraw an I-539 once approved, but you will not be considered having dual non-immigrant status.

Answer

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

If a defendant is represented by a lawyer in a criminal trial, would the defendant be allowed to question a witness -- or is this something ...

Question

If a defendant is represented by a lawyer in a criminal trial, would the defendant be allowed to question a witness -- or is this something only the lawyer can do?

Answer

The lawyer does on behalf of the accused. The defendant can only ask the witness questions if he or she is self representing.

Answer

Only through the attorney.

If a defendant (foolishly) chooses to represent themselves, then the would question the witnesses on cross-examination.

If you have a child with a man who is a disabled veteran, can you get child support from him?

Question

If you have a child with a man who is a disabled veteran, can you get child support from him?

Answer

Sure. You can get it directly from the VA, if he's getting benefits.

I recently on May 9 2014 went on a family vacation in south Carolina and received a traffic violation for speeding. I initially was going to...

Question

I recently on May 9 2014 went on a family vacation in south Carolina and received a traffic violation for speeding. I initially was going to pay off the ticket. I didn't nor did I go to court. What now?

Answer

If you missed your court date you have likely increased your overall cost dramatically with penalties and you risk your license being suspended. Contact a SC traffic attorney and have them wrap this up for you ASAP before things get any worse.

I worked eighteen years for a bus company that was recently sold to another bus company.the company is still in operation with the same name...

Question

I worked eighteen years for a bus company that was recently sold to another bus company.the company is still in operation with the same name and contracts but has new owners. i am now considered a new employee and have lost my seniority.should i have lost my seniority with work from my old company since they are still in operation?

Answer

You need to read your contract. What does it say about seniority?

Can a bankruptcy case be opened back up without violating double jeopardy?

Question

Can a bankruptcy case be opened back up without violating double jeopardy?

Answer

Double jeopardy is a concept in criminal law: the US Constitution guarantees that you cannot be tried twice for the same crime by the same sovereign. Bankruptcy is generally not a criminal matter (though there are crimes associated with bankruptcy that carry some pretty stiff penalties). A bankruptcy case can, depending on the need and the circumstances, often be reopened. Even under the criminal law construct, that would not constitute double jeopardy since reopening a case continues the same case; it is not a new matter.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Hello, I have my medical marijuana card and I rolled my jeep on a backroad, so the cops made me take a blood test and it came back positive ...

Question

Hello, I have my medical marijuana card and I rolled my jeep on a backroad, so the cops made me take a blood test and it came back positive for thc which I told him would happen. So my attorney is not to smart I don't think. I'm being charged with and owi so I have it all set up for trail. The prosecutor said that it could be dropped down to an operating while in impaired and I don't know what I should do. If I take it to trail and I'm charged with anything I will have to go in front of judge platzer and she's pretty mean but if I get it dropped it will go.in front of monahan and he's cool.

Answer

You definitely need a lawyer you have confidence in. One that has a substantial amount of experience in OWI defense and devotes a large percentage of his practice to that area of law. OWIs with marijuana are tougher for prosecutors to prove than the conventional ones. There is no magic BAC number or other arbitrary thresholds they have to meet. If you are a licensed medical marijuana patient, the prosecutor has to prove that you were "under the influence" meaning it substantially impacted your ability to safely operate your car. They will almost have to solely rely on circumstantial evidence and ask the jury to draw inferences based on that evidence. It can be a tough case for prosecutors to prove. On the other hand, a lot is at stake and the direct and collateral consequences of an OWI conviction can last years and even follow you around for the rest of your life. Remember, OWIs can never be expunged or removed from either your criminal or driving records.

Make sure you are being represented by the best OWI attorney you can get.

Answer

I agree with Mr. Austin. Nonetheless, going to trial is a risk. But it is a risk for both sides. If you are sure that there will be no better offers, you will have to weigh the risk considering your personal situation. For example, an impaired driving often results in a restricted driver license while an operating while intoxicated conviction will mean a license suspension.