Is it illegal for a 18 year old to date a 13 year old
Answer
It is dumb but no illegal. It is illegal for there to be ANY sexual contact whatsoever.
Is it illegal for a 18 year old to date a 13 year old
It is dumb but no illegal. It is illegal for there to be ANY sexual contact whatsoever.
I've been employed with my company for over a year. On the day I was hired I signed an agreement that stated I would have retirement plan (401K). To date I don't have any type of retirement benefit. Is this legal? What can I do?
You should take a copy of the agreement indicating you were promised a 401k as a condition of employment. have it reviewed with an attorney. Doest the company maintain a 401 K plan for other employees as well. It sounds like you may have a breach of contract case also possibly an action for misrepresentation but again with review of your document you signed it is difficult to say.
A collection agency/law firm has asked that I supply them with a financial statement regarding my monthly expenses before they would be willing to
"settle" my outstanding debt. If I supply them with copies of my checks, I'm fearful they would then not only know where I bank, but have my account number. Do they have the right to see my account information and or, take money from my account? They have no legal judgement against me at this time that I am aware of.
It is natural for them to want to verify your claims regarding ability to pay. You are right, however, that you are under no obligation to provide them access to your accounts until they have a judgment against you and begin collection proceedings. The simple solution is to black out identifying information before sending them anything. We call that "redacting" the document.
is a PDF made with an illegal program a legal file?
Your question is a bit lean on specifics. Assuming that by "illegal program" you are simply referring to an illegal copy (i.e., an infringing copy with respect to copyright) of the program used to convert a document into the PDF format, then I don't see any connection between the legality of the copy of the program and the legality of the PDF file.
Consider this: It is not illegal to read (in private) a stolen infringing copy of a book. Making an infringing copy is illegal, and stealing anything is illegal, but reading the stolen infringing copy is not.
Similarly, while it is illegal to infringe the reproduction right by making an illegal copy of a computer program, privately performing the program is not an infringement of the copyright, which does not extend to non-public performances.
I would appreciate a second opinion. This is a probate case. I am the Respondent. The Attorney for the Petitioner wanted to settle the case out of court and the case was (dismissed with prejudice persettlement) - Case Dismissed/Disposed. The same attorney filed a dismissal with the court a few days later and requested the clerk to please dismiss this action "Without Prejudice". I read online that the purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of Res Judicata in any later action by the same plaintiff on the subject matter. Therefore, the words without prejudice protect the plaintiff from a defendant's res judicata defense.
My question is: by him requesting "Without Prejudice", is this standard protocol when closing and finalizing any case, or should I be concerned that he selected "Without Prejudice" only to protect the Petitioner so that I give up my rights to defend myself? Another question: Should I tell the Attorney to change it to dismiss the action "With Prejudice", or do you think what he requested "Without Prejudice" is in good faith in order to finalize and close the case? I am Pro Se in this case. Your assistance is very much appreciated. Thank you.
Honestly, it depends on the settlement agreement. If the settlement agreement was for a dismissal with prejudice, then that will have to be corrected. It would help, however, to have more detail about the settlement agreement.
Send me a private e-mail if you would like a more definitive answer.
Can I apply for a condition removal when I have received my green card through marriage ?
If you have conditional residency now, then you must file to remove the condition within 90 days of the expiration of your conditional residence card. If you are no longer married, I would highly recommend speaking with an experienced immigration attorney first, since you would need to file for a waiver of joint filing, which is more challenging than it may appear.
My son received a traffic ticket for doing 48 in a 35. We have the same name and he is legally a Jr. as it states on his license. My license does not say Sr. When the officer issued him the summons, he left off the Jr as it states on his license. So, technically the ticket is in my name with his DL#. Is this grounds for getting the ticket dismissed?
No that is not grounds for dismissal.
I am sorry but that alone is not enough to dismiss.
If i am in a business partnership that is 50/50. Can I or my partner do anything without the other one knowing in regards to leagals issues in Massachusetts?
You need to look to your partnership agreement and who is authorized to do what independently and when both of your consents is required. You should have a formal partnership agreement.
can spouse activities count towards real estate professional's material participation
No. Material participation is based on your own activities. However, she/he may qualify on his/her own.
If I negotiate an out of court settlement with 3 companies (that work together) I plan on suing, with 10 causes of actions, and 2 of those causes of actions have already expired on 1 of those companies, during the negotiating process, if that company agrees, can we stipulate to Agreement to Extend the Statute of Limitations (S.O.L.) on that one company with the 2 expired Statute of Limitations.
or is there another process by which to save the expired statute of limitations, so that company doesn't demurr on that S.O.L.
I dont think I can use the relation-back doctrine, because its not the same party, and not same damage.
The relations back doctrine only applies to a lawsuit already filed and if the statute of limitations has expired on any of the causes of action, it is too late to file a lawsuit containing those causes of action. In addition, if you settle, most likely, you will be required to sign an agreement agreeing to waive any and all claims against the parties to the agreement including all claims whether known or unknown.
Why not just make it clear that that particular cause of action does not apply to the company to which the statute of limitations has already expired? That is done all the time. You can sue multiple parties for different things, so you don't have to include the party against which the SOL expired in those two causes of action.
I don't see anybody or any company in its right mind willingly agreeing to extend a statute of limitations, but you can try. If the claim were against you, would you voluntarily agree to open yourself up to more potential liability?
I agree with Ms. Karila. Parties can agree to toll the limitations period (in other words, to make the clock stop ticking) before it expires, but not after.
You sue now, before the statute of limitations runs. You are not allowed to split your causes of action, and sue a defendant for some things now, and other things later. Any attorney that tells you that you can do this is wasting your time.
My mother left her house to me, my sister, and my brother. I still live in the house with my family. Do I have to pay rent to the estate?
Yes, unless your siblings agree to waive the payments.
My Mother had alzheimers and my brother had her to change her will after being diagnosed. I was completely written out of the will except for giving me one dollar. Do I have a chance of fighting this and going back to the original will which left me one half of everything? He has hidden all of her money and had her to change her real estate to joint tenancy with him as the only joint tenant at her death. He also purchased real estate with her money and did thousands of dollars worth of upgrades, which he is losing right now because he didn't pay the taxes on the property. Can I get an injunction against this to stop the tax sale?
If your mother has Alzheimer's then someone should be her guardian. You need to hire an attorney to have someone appointed as her guardian. Once a guardian is appointed, the acts your brother did regarding your mother's assets can be dealt with by the court.
You need to talk to an attorney as soon as possible. Bring as much specific information as you can, copy of the will(s) if you have it(them), addresses of properties in question, evidence of diagnosis of Alzheimer's etc.
Grandparents called cps on mother. Grandparents have rights but i as the father want full custody of my daughter
You need to hire a lawyer to represent you. You should have a superior standing than the grandparents but CPS is going to need to approve you. I would not attempt to contact CPS without an attorney.
Good luck!
The judge in my paternity case ordered a DNA at DCSS on # 11 14 at my request because the mother denies I am the father which I m 99% sure I am. I am the petitioner. I opened the case at DCSS on March 18. I did not do it earlier because I was getting conflicting info on how to do so and I was ill. I received a copy of a fax the respondents attorney sent to the judge just today asking for the DNA to be done at an independent lab because there was no open case with DCSS at the time the attorney checked, but again, now there is. My questions is this: I was informed that Ex Parte is not permitted by either party and to inform DCSS of this and let them handle it. Is this good advice and is it true that Ex Parte is not allowed by either party? I have read that it is allowed if I am notified that a communication was indeed sent to the judge so I am confused? So should I send my response to the judge that indeed there is at this time a open case with DCSS? or should I not? Also, in this letter to the judge, it stated that the mother does not want or need an open case with DCSS. It seems like they on the defensive.
Send a FAX to the judge with an attachment showing that you opened the case. CC a copy of the FAX to opposing counsel.
If I have a DNA test on a child from my ex-wife and the DNA test states the child is not mine, is there any legal that I can file for in the state of Texas?
Actually, yes: Texas law changed last month to let you jgo through court proceedings to get out of paying future child support, but whatever's already been paid, you can't recover. That's assuming that the DNA test you had done is court admissible (if not, depending on the company you went through and option you chose. You may be able to upgrade to get admissibility, or you may have to retest. Good luck.
I was involved in a harassment situation during a conference. I am an employee and a vendor said some derogatory things based upon my sexuality. I am gay. There was a group of people who were going to a gay bar, they wanted me to go and after several declines, the vendor said something derogatory and rude. This was then followed by a coworker of mine getting involved in the situation. I quickly discouraged him and he continued. These exchanges were seen by other coworkers and people attending the conference. The situation was talked about the next day with several board of directors, staff (including senior level staff) and people attending the conference.
I was encouraged by a senior level staff to NOT take this situation to Human Resources and was talked to by the CEO (who is my boss). He is also gay and told me that "this sort of thing happens and we as gay men have got to ignore it." I was again instructed not to speak to HR that both the employee and vendor would be dealt with. This was two months ago and nothing has been done. HR is now aware of the situation and feel their hands are tied. The CEO has done nothing with anyone involved and the situation has gone away. I feel that I have been lied to and that they are allowing this behavior to go on. Since the situation, I have been asked about it by outsiders and board members who witnessed the situation.
Do I have a case? I do not feel harassed, however, I feel that they are allowing this behavior as a norm and allowing it to happen again.
You can file a charge with Maryland's Commission on Human Rights. The commission will take your information and conduct an investigation.
You don't need to consult with a lawyer before filng the charge. However, I recommend you take the time and spend the money for an initial consultation in an attorney's office before you present your information to the agency. An experienced employment lawyer can advise you on your presentation. Just because you consult with a lawyer does not mean you have to hire him or her for the entire case. So, don't be pressured into signing a retention contract while in the office.
Also licensed in Maryland.
Hello, I have been trying to find information about this and there is so much contradictory information I decided to write my own post. I am 25, college graduate. When I was 16 I got arrested for burglary and theft (2 felonies). It was a huge mistake and it was an eye opening experience. It went to a neighborhood committee and then dropped with Nolle Prosse Since then I have graduated with a bachelor's degree from an accredited university and worked hard to be the best person possible. The incident happened 9 years ago and I have been making up for it ever since. I'm trying to go into army. Will this keep me from getting in? Thank you for the advice
Great question and I commend you for turning your life around. The fact that the charges were eventually dropped is a big plus but military enlistment has gotten much stricter over the past few years.
The best advice I could give you is to call or go directly to a military recruitment center and ask them. They have the most updated information.
Good luck,
Can a 16 year old girl in AR legally leave her mother (who lives in AR) and move in with her father who lives in IL?
You need to ask a lawyer licensed in AR, not one licensed in IL
In texas if someone dies without a will can their child leave the property in their name until they decide to sell it.
Under Texas law, title to property vests at the time of death, not at the time you file the paperwork to evidence title. The property still belongs to the child at the date of death, even if the child waits to file appropriate paperwork.
The child could do that, but I would probably never suggest it. Mr. Leon is spot-on with this one. Documentation isn't going to effect the chain of title, and while the property might be Dad's on paper, it belongs to his heirs in every other way. Why wait?
I lived with a lady for about 3 months. She was financially struggling to say the least and I was living in my mothers basement. We made an agreement that since we both in bad situations, hers financially and mine homelessness, that we would help each other out and move in together. After getting to know each other it became violent. Her toward me, not me toward her. She slapped me twice and hit me a couple times and threw an orange and my head and pulled all the cover off me while sleeping and poured a pop on me. I would try to leave when it became elevated but she would block me physically from leaving and hide my keys to my car and prevent me from leaving. I left Easter because she was having a bad day and I asked for the engagement ring I had given her to be returned. She flipped out. This is when she pulled the covers off of me and poured a pop on me while in bed. I left. She went to the courthouse first thing Monday morning and filed a protection order. This was not because I did anything to her at all but because all of my belongings were there and in her garage. She used the threat of the protective order to keep me away so she could have the time and liberty to go through my things and hide. sell, steal, pawn, and inventory all that I own to benefit herself financially and to hurt me during the separation. I have never physically done anything to her, but she claims I emotionally abuse her. She is an internet lawyer and looks up everything concerning her health and laws to help women, a liberal. I have never been served any papers at all but a server showed up at my mothers home and told her and my brother to tell me about the order and to not go around her. I want to get a truck and go and get my stuff before it is all gone or destroyed. If I show up and use my keys or break in to aquire my belongings and they serve me while I am getting my things, will I have to leave without my things, or will I be able to finish loading my things. And can I get in trouble if I do have to break in to get my things, it is my address, receive mail and have paid all the bills there for 3 months. And if she starts saying that the things I am taking are not mine will I have to leave without property since the law enforcement agents will not know who to believe. I want to get my stuff before i am served since I know she is using the protective order to remove my property for money as she is still financially unstable and she would sell my stuff to pay her bills and deny it was ever there. This woman has records, many of them, of puting protective orders on her men to stall and to have time to do what she wants to with property and records and seek information and to bide time. I have been married 5 times and have had three live in relationships and never a domestic or protective order or assault or anything. I am clean, she has many cases where she has done this and she is the abuser. Can I go get my things today, break in if necessary, and remove my stuff even if they serve me while I am there?
Try and simplify this into two or three lines and I'll try and answer it.
Do Texas labor laws apply to businesses in Texas, but with headquarters in Florida?
Particularly if the employment agreement includes the following entry:
APPLICABLE LAW: This agreement shall be governed by the laws of the State of Florida.
That depends on what you mean by "labor laws".
The Texas Labor Code (and federal labor and employment laws) apply to employment work performed within Texas even if the company is headquartered elsewhere and even if an employment agreement says another state's laws govern the agreement. However, there are other laws and other common law claims that can be brought against an employment under an employment agreement (and employment generally) but because of the contractual term you have cited, those claims would likely have to be brought under Florida law. For example, if you were to sue for breach of contract then it would follow Florida's breach of contract cause of action rather than Texas.
Can a family court judge interview a witness outside of court. Recently my family court judge contacted my supervisor (who is also a witness for my case) and interviewed him regarding matters he was going to testify to in an upcoming evidentiary hearing. Is this allowed?
That is not normal. A judge may interview a witness who appears in court, while the parties have had an opportunity to be present, but a judge investigating a case outside of court may constitute personal embroilment and violate the parties' rights.
We pay on a month-to-month basis and have always paid our rent on time, and are excellent tenants. Now our landlord wants us to vacate our unit because his son wants to occupy our unit. He gave us 30 days to vacate but I it is not enough time to find a new place with in our financial means. Is there anyway to legally fight this and buy us a bit more time to find a new place?
I'm irritated reading posts like this today because they are devoid of what we call legally significant facts. For example, you do not tell us how long you have resided in the property which is relevant to the amount of notice. Tenants who have resided for over a year are entitled to 60 days to terminate a tenancy, whereas less than one year can be terminated with 30 days notice.
You refuse to post your zip code, which is required by Lawguru's terms of service and have somehow circumvented this. Your zip code would help us as lawyers identify local ordinances where you live, which may identify rent control ordinances or other issues such as the Ellis Act. You don't even have the common courtesy to tell us whether the place is an apartment, a house, or just a room in someone's house.
How are we supposed to help you?
I am currently 26 weeks pregnant. I has planned on terminating the pregnancy but found out I was farther along then what I was originally told. My boyfriend, upon learning that it was too late for me to terminate has since threatened to sue me if I carry to term and have this child. I have told him that he has no obligation to be in the child's life should I give birth yet he still threatens me with a lawsuit. Can he sue me for having this child?
That's a silly lawsuit. Your boyfriend is a jerk.
Not only does he have NOTHING he can sue you for, YOU can and SHOULD sue him for child support. He is legally obligated to support the child until he or she turns 18. And I agree with Mr. Roach that your "boyfriend" is a total jerk. I won't use the rest of my vocabulary for him on a public site.
The content of your questions suggest that you have an abusive boyfriend. This kind of abusive psychological conduct can affect your child as a child matures. Consider very restrictive parenting orders on contact between father and son.
The custodial parent only follows the parts of the divorce decree that benefits her, also constantly bashes the non-custodial parent to the children. What can the non-custodial parent do about this?
You need to take the divorce decree and related documents to an attorney for a review. If your spouse is not following the terms of the order, you can file a contempt. I would not advise this until you speak to an attorney.
My friend has been framed,and I know who framed him. Is there anything I can do?
Contact his lawyer
This is the situation, a 15 year old girl, who is under the custody of CPS(child protective service) because she keeps running away from, had consensual sex with a 22 year old boy.
Now, CPS may want to prosecute for statutory rape, what would be the best advice from a lawyers perspective?
If no advice is allowed to be given, what are some known ways to protect the boy and represent him in the best way possible if he is not able to pay for an attorney?
Also, would a personally contracted lawyer or a state awarded lawyer best represent the boy in court?
All these questions are specifically for the state of AZ.
This is a serious matter as the 22 year old is an adult and by law a 15 year old is incapable of giving consent. A conviction could lead to mandatory prison. If the accused is indigent the court will appoint a lawyer but he is always free to hire an attorney. One cannot say which would be a better representative without comparing skill and experience.
We have a child custody case where cps is involved. the father was given joint custody with the mother. the mother sent videos to the father of her abusing the child. he reported the abuse to cps and cps removed the child and placed the child with the maternal grandmother. this happened quickly and the child resides in laredo and the father in houston. at this time the father wants cps to place the child with him and we can not get them to cooperate. what can we do?
You must immediately hire an attorney to assert your rights. Good luck!
Look on this website & on www.avvo.com for a family law attorney that handles cps cases.
www.familylaw4u.com
713-847-6000
Im on court supervision and iI got a ticket for no isurance(it was in my wallet which i forgot about hahaha....) I know that if i go to court and show that I had insurance it will be dropped but the problem is the court date for it is a day after the end of my supervision what should I do? Do i show the judge on my supervsion date that I had insurance or what?
Hire an attorney v
My mother (who lived in Missouri) was willed a percentage of an inheritance from her cousin. She received the first 1/3 which she deposited in an account shared by her, my brother and me. My mom passed away before the remainder of the inheritance was issued. A check arrived a couple weeks after her passing. I called the law office who is in charge of the will and probate (located in California). They stated that I needed to send the check back and that we needed to prove that we are the legal heirs of the remainding funds. Originally we were told by my mom's sister that we had been set up as beneficiaries but the law firm stated they did not have record of that information. My mom and dad were still married but my mom did not want him to have access to any of the money and did not tell him how much she was receiving. This is why she deposited the first check in the account that did not have my dad listed. I need to know how my brother and I prove that we are the rightful heirs of the remainding funds. Thank you for any guidance you can provide.
The fact that you tell us that your mother lived in Missouri makes me reluctant to answer. You mention that the law firm was in California, but where is the probate matter being handled?
Unless the will or trust administered in California details what happens to the share of a beneficiary who survives the decedent but fails to live to the date of distribution (this is unlikely), your mother's share belong to her probate estate and passes under Missouri law.
I was bitten by a dog while at work in a retail store, can I pursue legal action against store?
You may pursue a worker's comp case. It would depend on some additional information which you don't provide to determine if you could pursue a civil action against the store. It is also possible you can pursue a a civil action against the owner or keeper of the dog. Please let us know if we may be of help.
i am currently the obligee in juvenile court system says my paper work from child support but my father whom has custody of my two girls, wont let me see them. does that paper mean i can go get them if i am filed as the obligee under the judge's signature?
Being the obligee means that you are receiving child support and/or medical support. Has custody been established for the girls? The mother of children born out of wedlock has custody of the children until a court orders otherwise. A married couple has equal custody rights to their children until a court orders otherwise. You should check your paperwork from the court to determine if there was a custody determination was made.
i am getting a divorce my soon to be ex has filed charges on me for domestic violence and had a protection order put on me havent seen my child in 5 months and it seems nobody caN do anything about this i have a lawyer but cant find wife to finish the divorce and whyy dont i have the right as a parent to know where my child is
You have an attorney. It would be unethical for me to speak with you about this matter since you are represented. Please discuss this with your attorney
I work for a warehouse on salary..in california..I get paid twice a month..15th and last of the month..well my last pay period was 12 days/96 hrs.. And out of those 96 hrs I was absent for 16 hrs..so I worked 80 hrs out of 96 hrs..but when I got my check it said 70 hrs worked..is that legal?
If you are actually on salary, the hours worked shouldn't impact anything to do with your employment or pay. It sound, however, like it was just a data entry error that your employer should have no problem correcting.
I sold my horse to some people. they came over and gave the money to me. they started loading the horse and injured her face and leg. they then said they wanted their money back because she wouldn't load into the trailer and threatened to call the police if i didnt. so i returned the money. she has injuries that now need to be treated. do i have a case against them?
Yes. But, the cost to litigate and collect might outweigh the loss. You should consult directly with a civil practice attorney in your area. Get advice from an attorney that has access to more of the pertinent facts.
Good luck
If I'm pulled over by an officer who is illegally parked, is the ticket still valid?
Yes, absolutely (my opinion).
So I'm active duty stationed in TX. Long story short my ex husband and I got divorced and had the custody agreement (he's primary all because the judge said that I had not intent on leaving the service within a year)amended. My son now lives in California with his father. The problem is his father works for a correctional facility and his new wife facilitates weekend and additional telecommunications time when he has to work (which is not in the decree). His spouse is very rude and says desparaging things to me (you're a horrible mother, I'm more of mother to him than you are etc). When I try to discuss this with my ex, he immediately sides with her. I also found in the decree certain requirements on his end for my telecommunications time with my son are not being met. I'm not sure who to talk to or who to go to to fix this problem. His spouse is not named anywhere in the decree and she essentially runs the show on that end. Also, I have requested information im entitled to and not received it (name and location of Childs school, names and contact info for teachers, progress reports etc). Because this order was issued in TX and they live in ca, im not sure how to have it enforced
Frankly, you need to enforce it in CA. You can file enforcement in TX, but he does not have to show up for court in TX because an arrest warrant for a civil suit will not lead to his extradition to TX. So if he won't voluntarily come to TX for the contempt hearing, there's nothing you can do. That's why I say you need to enforce it in CA. There are several steps to enforcing the order in CA and you'd need a CA attorney to help you do it.
In terms of information regarding your child's progress in school: If your child is in public school, do some legwork and find out what public school he is in. You can use the Internet to see what school their residence is zoned into. You can call local schools asking for your son to see if he is enrolled there.
Once you find your son's school, you can send to the school a certified copy of the divorce decree which, hopefully, gives you the right to receive information from the school. Enclose with it a letter asking that you be added as an emergency contact. Also, call the school and see if they have a computerized system that you can access, as his parent, that will show you his classes, teachers, attendance reports, and grades. You can't count on his dad providing this information to you--you're going to have to exert your rights as a parent with the school and get it yourself.
Second wives are notoriously difficult to deal with. Not all of them are...probably not even most of them are. But in my family law practice, second wives stir up a lot of trouble and create a lot of business. That's just a sad, difficult fact you'll have to accept. Your ex is spineless and his wife is ghastly to deal with. That puts you in a tough position.
Good luck!!
I was going to rent a room from this lady. The day we agreed I would move in, I gave her $250 for this months rent. The next day I start moving my things in, she flips out and tells me the landlord wants me to pay for both a criminal background and credit reports. I said no that was not the deal. I decided I would not rent the room. I hadn't stayed one night. Here's my question I asked for my money back from the lady and she says she cant give it back to me right now. Can I file a criminal report with the Sheriffs because I feel I was scammed? Thank You for your time.
You can always report a suspected crime to the police or sheriff. Whether or not they act on it depends on the evidence, and not your desires. You may have to sue in small claims court, civilly, to get your money back.
I work in the hospitality industry. Everyday I'm here about 45 minutes to an hour past my shift doing work. We do not get paid for that time. We get paid out straight 8 hours and that is it. Is this legal? I'm losing approx. 5 hours a week out of my check.
Most likely you should be paid overtime. Please contact me and I'll put you in touch with my colleague who specifically handles wage/hour issues.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
If two out of 3 adult tenants have been sued (UD) and I entered the request of default. Can I start the writ of execution and sheriff instruction just for these two tenants or do I need to wait until the third tenant gets judge during the trail?
You need a default judgment of possession, not just the clerk's entry of default, before you can have a writ of possession. I suggest you work on the next step on not put the cart before the horse.
I sold my car to my brother and kept signed the title over but listed myself as lean holder of the car. The car ended up getting totaled out and they(brother and sister in law) sold it to some guy who was supposed to total it out, but sold it to a dealership who sold the car to someone else.I am still listed as the lean holder on the car is there any way I can be held responsible for the car being illegaly registered?
If you are the lien-holder, then there is nothing illegal about you being on the title. Whatever your brother did is his problem.
In 2012 my wife and I were separated and in the process of a legal separation. Friends of mine bought a house in August of 2012 specifically for me to live in with my kids while we were separated. Right after they bought the house for me and rented it to me exclusively (her name was not on it) with a one year lease my wife came back to the house and wanted to reconcile with me. The legal separation never made it to the judgement phase and stayed in limbo. The lease expired in 2013 and has been month to month since then. In March 2014 my wife went to the court house and filed a bunch of false charges on me alleging abuse against her and our kids which enabled her to get a restraining order on me and a move out order. She did all this under the legal separation case she started in 2012. So far the allegations on the children have been turned over and half the restraining order turned over on the children just based on the CFS investigation, I still have not been able to event have an evidence trial yet on the rest of the TRO. My friends/landlords are not happy with this and do not want to continue to have her in the house without me. They never intended her to live in the house without me as the primary occupant. They want to evict her as I have been removed from the house for 2 months now because of the move out order. The fear is that she will try to say the eviction/removal of her is discrimination. They just want her gone and for me, their intended tenant to be once again in the house as was our original agreement. How cam we make this possible quickly and without creating any extra issues for me in my TRO case if possible?
Sincerely,
Homeless Couch Surfer
It is a month to month tenancy. Si they do not need a reason to ask her to vacate the house. Alk they need is proper notice and if she does not move they can evict her.
If she pays rent to them she is a tenant. If she is a month to month tenant and has resided in the house for more than a year, then she has to be given 60 days notice to quit or be evicted. If she has resided less than a year, then she will have to be given 30 days notice. There does not have to be a reason given as long as the property is not a rent control zone.
If she does not pay rent to them and was allowed to live there with the landlord's consent, then she may be a tenant at will. In that situation, her tenancy is terminated with a 30 day notice.
I have a judgement against me in civil court and have been asked to fill out an asset verification form. I dont have a job or property. The only thing I have in my name is a truck. It is registered in my name but it does not belong to me and is not in my possession. Can the truck be taken from the people who have it by the person who won the judgement ?
If it is registered in your name, it's yours. Even so, though, it is very likely exempt from execution.
My home was damaged and the insurance has decided to repair it instead of having a new one built. If i'm not satisfied with repairing it can I just leave it to the bank, which holds the title?
Better check with the bank first, it would seem.
have a workercomp case the end of this month from a injury that i have been off since 8_22-13.Since then they fied me 1-13 14 because i refused their 5000 dollar settlement.THE Doctor stll has me for light duty as of today.I was told even if i win i can only get workercomp up until the time tey fired me.I believe i should get comp up until the doctor relieses me.i live in pa
Call me! I will see what can be done to help you.
267-210-8752
Don't try to represent yourself in comp case. Seek lawyer in your jurisdiction with experience in such matters.
My Brother in-laws wife ( my sister ) is currently incarcerated for murdering thier son,in front of the other two children ( one younger and the other was older), is there ANY California laws to divorce her with out her getting any visitation as well as a non-contested divorce
He should view the California Courts' Self-Help Website on child custody/visitation at: http://www.courts.ca.gov/selfhelp-custody.htm. Based on your facts alone she should not be able to obtain any custody or visitation. See California Family Code Section 3011.
He should view the California Courts' Self-Help Website on divorce at: http://www.courts.ca.gov/selfhelp-divorce.htm. Pertaining to divorce, he will absolutely be able to get a divorce. However, there is no gaurantee that she won't contest certain matters, i.e. property distribution, etc. California is a community property state and the property will be divided accordingly.
Depending on the circumstances he may also want to view information about domestic violence at: http://www.courts.ca.gov/selfhelp-domesticviolence.htm. He could obtain restraining orders to keep the wife from contacting the other children for up to five years or more.
Good luck to your family.
Can I get charged with theft if I narrowed something from a friend and it didn't get returned and I offered to replace the item?
It depends on whether your friend will file criminal charges, and if the police will care enough to go froward with those charges.
Usually, something like this is a really a civil matter. Theft is when you actually when there is an INTENT to DEPRIVE. You would have actually had to take the item from your friend intended to steal it.
I got hurt at work a few months back and substained a serious head injury. I have been on workmans comp for about 3 months now, and have been going to doctors weekly along with physical therapy. I just received a notice in the mail that my insurance company is refusing to pay the doctors so they are not able to treat me anymore, and because they can not treat me anymore, my workmans comp got stopped. What can be done about this?
Call me for a free consultation. 267-210-8752
Did your employer issue a Notice of Temporary Compensation Payable and then follow that with a Notice of Denial? If the employer/insurance company did not follow the law, then you may have a basis for penalties. You may have to file a claim petition. I would need to know more facts. Feel free to contact me at (800) 433-9700
I am trying to find a job recently and got an interview at a local shop. They hired me right away but where unable to give me the position because of something in my background check. After receiving the report in the mail I noticed the only problem that shows is a petty theft from a Rite Aid in Northern California. I used to live up there and lost my wallet in the same area the theft happened in so I called a local lawyer and they said I had nothing in the county records showing a theft had ever happened. They suggested I check the public records section in my credit report and that turned up clean as well. I have even attempted googling my name/SS number and it turned up nothing! I really need a job and have no idea what I can do to find this malicious mark on my record. What should I do?
Write to the business that created the report and ask where they got their information. Tell them what you told us, and explain that it looks like their information is wrong. They will probably work with you to find the source of the information. You will then have to deal with the source to get things straightened out.
Good luck.
You can get a Department of Justice (DOJ) background on yourself to see what shows up. Here's a link with information. When you get your background, there is a form to dispute any entries or at least it'll give a local attorney something to work with to clear this up.
http://www.joedane.com/featured/how-can-you-find-whats-on-your-background-check/
I agree with Mr. Dane. An attorney would want to check with the DOJ, and then contact the company that generated the report to point out that it was false.
Under the law does the prosecution have to show the defendant had possession of the stolen stuff? People v. williams (1992) 9 cal.App. 4th 1465,1472 [12 cal. Rptr. 2d 243]
No possession may be either actual or constructive. Two or more people may possess an item but at any one moment only one of the possessors may have actual possession. Others may have constructive possession.
People v. Williams was a grand theft case. The defendant had been convicted of stealing a purse from the person of his victim (which is a more serious crime than it would have been if the purse had not been on her person), but it was on the victim's car seat and not physically touching her. The question was whether there was enough evidence the *victim* had the purse on her person at the time of the theft. The Court of Appeal said there was not. That is a different question from whether the *defendant* possessed it after the theft.
With respect to what underlying charge?
I found out today that I'm not even supposed to be on probation according to the courts criminal docket sheet for a case (A+B with a deadly weapon) but I am on probation, and my P.O. is making me do things that are not required by the judge. My case was continued without a finding and I'm also mentally disabled with PTSD, Social Phobia and Panic disorder, among other things, and they're taking advantage of me because I couldn't and can't do anything about all of this. I couldn't talk to anyone about it, like the judge or even my lawyer, who also scared me into taking the continued without a finding plea. I wanted to go to trial. I couldn't fight the case, or the plea because of the social phobia. I was and am completely helpless. But anyway, all of this is making my PTSD and anxiety a million times worse and I feel horrible everyday because of it. I can;t even hire a new lawyer to help me with this. I just started collecting money from welfare but it all goes to rent. I don't know what to do, but I can't take any of this and my therapists and medications aren't helping me at all. What am I supposed to do? I don't understand what happened and I don't know how to fix any of it.
Presumably, you are aware that having the case continued without a finding meant, among other things, that you were placed on probation covering the period of time during which the case has been continued, and the probation ends only when the case is ultimately dismissed.
I had a traffic violation and was driving my mother's car (she is a Washington resident and the car is registered in Washington). With me having an valid Oregon license, the officer was confused about my residency and was under the wrong impression that I am a Washington resident. He gave me a ticket for my violation, but said that he won't ticket me for not having a Washington license. He then cut my valid Oregon license in half and told me to get a Washington license. Is my current Oregon license now invalid? How would I check? I am currently an Oregon resident, and visit my parents in Washington for weeks at a time every so often. I do own my house in Oregon, and have current utility bills proving my Oregon residency. I'm unsure how to proceed. Thank you in advance for your help.
Assuming your license was valid - in Washington you can obtain a new replacement license online once per year by paying a nominal fee - I would try to get a new one from the DOL.
In February 2014, my ex and I went before a judge and dissolution of the marriage was ordered. It is now mid June 2014 and the Notice of Entry of Judgement has never been filed. My ex is dragging his feet, coming up with one excuse after the other as to why he hasn't filed the judgement. My questions: Are we still legally married? And what happens if neither of us ever file the Notice of Entry of. Judgement? Thank you for your assistance.
The notice of entry of judgment and the judgment are two separate documents. The notice of entry of judgment is just that - notice that judgment was entered. It is not clear whether or not you have a judgment, or were supposed to submit a proposed judgment along with a notice of entry of judgment form to the court for processing. The rules of court provide that if one party fails to submit the documents, the other party should do it. But again, you are not clear on whether you already have a judgment entered or not.
My husband recently had an affair. The woman he had the affair with is claiming she is pregnant with his child. She first was requesting money for an abortion, then threatened to ruin us, then came back and asked for more money for an abortion and now has gone back to threatening my husband, me and my 10 yr old daughter. We have not given the woman any money to date, but want to get rid of her and have her out of our lives. She has begun threatening us and stating she is going to ruin our lives. We need to protect opurselves and our home. What can we do? Do we have any rights? We dont know for sure if the woman is pregnant and if she is that it's my husband's child.
If she spoke to your husband, and not you, you don't know exactly what she said.
Has she talked to you or are you getting the informaton second hand.
If she is threatening to seek child support once the child is born, she is absolutely right to threatening this.
Of course, your husband can demand that she not come to the house or call the house or you. This should be in writing. If she refuses to comply with this request, contact the police or request a court order.
If she has the child, keeps it, and proves your husband is the father, your husband will be responsible for child support for 21 years. There is really no way of getting around this.
Your husband can protect himself by demanding a DNA test if she decides to have the child.
However, if the child is his, whether he wants to the do the right thing and have a relationship with the child is not a legal issue, it's a moral one.
Also licensed and practicing in New York.
can you do a eviction proceeding when owner is a corporation that was dissolved by proclamation in 2000
You do a deed in liquidation to the successor shareholders and proceed as for a normal eviction..
my husband took full custody of my kids but judge didnt know he has a felony for dv can i go back and change the custody orders
You can try, but you are going to have to have a really good explanation for why you didn't present this evidence at the original hearing on custody.
Can an employee of Fast Food physically remove a disorderly customer... The customer was possibly a minor and female. Employee was a male over 21yrss old.
Sure. An employee of a business is allowed to remove a disorderly customer. At that point, the customer is no longer allowed on the premises and told to leave. If they refuse to leave they can be physically removed from the premises. Of course, the fast food company may have a policy prohibiting the employees from removing unruly people, but that is separate from whether an employee is legally allowed to do it.
Hi, my name is Spencer and I am a freshman in high school. I recently wore a Tie Dye bandanna with smiley faces on it around my head at school, protesting the unfair judgement of homosexuals in the school district I am. I was told to either take off the bandanna, or go into in school suspension. Is there any way I can challenge this rule to be able to wear it? Thanks!
Doubtful. Schools have a lot of authority to set rules regarding dress code at school. Banning hats, bandanas, etc. are extremely common dress code rules for schools. Perhaps you could find a different way to raise awareness regarding the district's conduct, such as forming a student organization or convincing your school paper to run a story.
My landlord filed a UD and I received the copy and remembered that I never signed the lease with the person on the lease agreement (let's say Sally) but someone by the name ''Jenny'' I know this is not legal what can happen?
What do you mean it is not "legal?" An agent can sign a lease for landlord. You need to be more specific.
I left a friend borrow my carpet cleaner and they are refusing in returning the item.
What legal rights do I have to get this item back?
you could have a lawyer write a letter demanding return of the item.
you could file a lawsuit and ask for a court judgment for the value of the carpet cleaner.
before you file a lawsuit, you should let your friend know that you are going to sue him if he does not return it.
I signed a non compete agreement that is supposed to last a year after I quit. I quit 6 months ago. Just recently, my employer who I signed the non compete through, lost his contract and was terminated for fraud. The business is no longer operating now. Is my non compete still valid?
Without reviewing this non-compete agreement and other relevant facts concerning this business which you claim is now defunct, I wouldn't want to offer
an opinion on the matter.
I am currently receiving child support. How do I modify and request for an increase? I am now employed but during the time of the trial I was unemployed. Will there be another court trial?
I'm unclear as to why you would want to return to court requesting an increase in support if you now have more income. The more income you have can impact a reduction of the amount of support you receive.
my mother in law lives with me in Arizona. she owns and rents a house in ohio. I have POA. can I evict tenants from Arizona.
The answer depends upon the authority granted to you in the POA. Is she legally competent now? Is the POA a "durable" POA? You would have to bring the eviction action in Ohio, however, you could retain an attorney there to represent you/your mother-in-law.
I signed a legal document with a pen that wasn't writing smoothly (leaving a lot of absent spaces where there should have been letters), I grabbed a different pen and resigned over top of my previous signature (to fill it in). I was told by DMV that because I did I voided the document (vehicle title) therefore, I had to pay $20 to send for a new one before I could transfer ownership. Is copying over your signature an automatic void of a legal document?
Unfortunately, the DMV, along with most state and federal agencies, looks at re-signing over an original signature as defacement and potential fraud.
In the contract world, re-signing is not so sternly regarded; as long as you admit to signing the contract, the re-signing is not usually much of a problem. However, a registered document like a car title or deed is a public record, and those folks get pretty snitty about re-signed documents.
Unfortunately, you'll need to pay the $20 to the DMV to get the new title; be sure to test your pen out before you sign this one!
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.
my car just two feet from the tracks but no earlier. I also have photos of the snow bank and the damage to my vehicle. Is there anything else I would need to fight this?
I'm not sure what the issue or traffic violation is. Please resubmit your question with more information. Thanks.
This morning I was contacted by a person via phone at 7:21 at work regarding an unpaid payday loan, he demanded I pay what I owe or they would serve my local law enforcement with something that would allow them to come arrest me at work. I was terrified as I have 3 small children and a sick husband and begged him to make a payment arrangement for me. After agreeing to pay 100.00 monthly he said he couldn't fax me anything or mail me anything because the loan had been online and the only way they could communicate with me was via email. So Im supposed to call him every month at the same number to give him a payment from a Money Pak Green Dot card because supposively that is the only way he is allowed to collect from me. This sounds fishy to me, is this legal?
His threats are unlawful and you are smart to want a written agrement from them.
Although it is theoretically possible to prosecute someone for bouncing a check, this rarely happens and it is illegal to threaten someone with jail for failing to pay a debt.
Do you even really have a payday loan that you owe? What you describe sounds like a scam designed to scare you into paying money that you do not owe. I have . I suggest calling a local consumer rights attorney to see if you really owe this money.
Call the cops.
Low hanging traffic light hit my load on my tractor trailer. City of San Antonio says they are immune to prosecution and are not liable. Is this true.
I'm not sure the city is correct. While the state is immune under the doctrine of "sovereign immunity", that immunity can be and often is waived. One statute that removes sovereign immunity for Texas governmental entities, including cities and municipalities is the Texas Tort Claims Act. This statute appears to address the removal of sovereign immunity for the events you describe.
I suggest you contact an attorney that handles traffic accidents. Be sure to have information on your out of pocket damages. If there is a police report, or any other written information that would be helpful as well.
My father and mother owned a home in iowa after 36years my mother passed away my dad got a home equity loan to pay for the funeral after a few years dad decided he needed to have a will prepared in it he leaves the home and contents to his children to be devided evenly I am the executer in recent years he met another woman and was married she moved in to his home with him and maintaines her own home and lets her adult children live in it he says he still wants his home to go to his children and in event something happens to her hers goes to her children they keep there money separate he pays for his and she pays for hers my ? is I have told him that since he has remarried his will needs to be changed ,updated ,or something added to remain in the original intent but his new wife says that it does not mater it is fine in the original form does he need to readdress his will if he still wants his house that he owned before he was remarried to go to his children and not to her
You need the services of an estate planning attorney. I do not practice in that field.
we had to leave my apartment due to sprinkler system malfunction due to medical problems I could not go to a shelter because I need to sleep with a cpap machine can I be reimbursed for hotel expenses
In Ohio, you are under no duty to go to a shelter when you are forced out of your apartment by lack of repair to the sprinler system. The landlord will have to compensate you for the duration of your hotel stay until your apartment is ready to re enter.
My ex and I own a home as tenants in common wros. The divorce decree states tha tthe house is to be sold and equity divided equally. In considering the event of my death prior to sale is my share to go to my ex or my estate?
A closer examination of the deed is needed. Tenants in Common is not with "rights of survivorship." We generally see "joint tenants with rights of survivorship" to indicate that if one dies, the survivor owns the whole. With Tenants in Common, if one dies, that portion passes according to the will of the deceased or the intestate process. Please check the deed carefully as the wording you use is confusing.
If you are receiving grant money to build and you die, isn't that grant money gone? I was told by the descendant that if "he" died, no one would have the money to build because they would not receive the grant money. Later I find out the grant money was given, but how can that be, it's only associated with the descendant, so how can the PR get grant money not associated with them? Can they get it through a joint account? That's it, right? A joint account!! It's all fraud. How else? Thank you.
The grant language controls. It needs to be reviewed to determine if the money is paid to descendants after the death of the grantee, who is the decedent.
I agree that the grant language controls and the document needs to be reviewed in order to answer your question.
I plead guilty to a crime (to protect someone else) 36 years. Now I want the real truth to comw out .How/Can I be exonerated of this. It was very serious at time (arson of a school) and I was 19 can forced to plead guilty. I can back up the story with the other person who was there at time. Really want this off of me now
I assume it happened 36 years ago. You first say you did it to protect someone else then you say you were forced to plead guilty. What is the purpose of the "wanting the real truth to come out?" You are 55 now and if this had been causing you problems the last 36 years, it seems you would have tried to do something before now. I guess you can go look at just how much of a media thing the original crime was, and you can go to the media now. But be prepared to have people not believe you 36 years after you pled guilty.
I have join custody and I'm the managing conservator. At what age if any can my son elect to stop weekend visits? Is a job or school activities reason enough to not visit?
He can stop at 18.
The other parent is supposed to take the child to school activities and/or job when they are in possession.
If it is not working, perhaps mediation would be appropriate.
www.familylaw4u.com
713-847-6000
I am 34, married in Texas. I want to change my maiden name. I want to have the maiden name of the dad that raised me. How do I go about doing this?
Adult name change. As long as you have no criminal record and am not trying to evade creditors it is doable. Talk to a family law attorney in your county. Look on this website and on www.avvo.com for help. You will probably need to be finger printed & have a criminal background check done. Good luck!
www.familylaw4u.com
co-signer question;
does Kansas state law forbids a creditor from collecting from a co-signer without first trying to collect from the primary debtor?
Does a change in the co-signer work status laided off causes changes with the loan?
No.
Good luck
I have a contract with Company A who is owned by a Parent Company. The Parent Company then bought another company and added Company A to it. This new company has the same name as Company A but a different FEIN. Is my contract still valid?
Not necessarily.
hi. i had a neck surgery on 4/18/2014 before the surgery on 4/11/2014 blood was drawn
before the surgery blood patelet was 220.ancef was given on 4/18/2014. after the surgery i went home o 4/24/2014 then on may 23,2014 i started to bleed from my mouth and bruises on both arms. i went to local hospital and blood was taken. i had 1 patelet stay in hospital for 5 days medicine was given . patelet was little
up i was discharge on may 28,2014. went home then same thing happen again. on 5/31/2014 went back hospital this time i stay two weeks small surgery to spleen to repair damage cause by ancef 6/14/14 please let me know if anything could be done.thank you
Sorry, but it is a little unclear what malpractice you believe occurred that caused damage to your spleen during neck surgery, and would cause unexpected bleeding. A more thorough explanation would be needed to offer you any opinion or advice.
In general, when claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to say the treatment fell below the acceptable standard of care, and that you suffered legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support.
What have your other treating doctor[s] told you? Would they be willing to provide that opinion? If not, you can get independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary. If you obtain such an expert's opinion, and if you determine that you have a case with MERIT and VALUE, then you would have grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
If serious about pursuing this, please contact me to discuss the basis and facts of your case.
My ex boyfriend we share a 3 year old, he hasn't seen her in months. He calls me yesterday, and says he wants her for a week, do I have the legal right to say no?
I assume there are no court orders in place. If there are no court orders then you don't have to let her visit him. Of course if you let her go and he does not return her then he has not violated a court's order. I highly recommend that you get some orders signed by a judge so that if there is a problem there is something you can do. You might consider mediating your case.
Relative died and was buried as an indigent by county before relatives found. He had one surviving sister. It's assumed he had little of value, but there is an insurance policy that becomes part of the 'estate'. Don't know value yet, but assuming not much. What happens next? Does sister need to get a lawyer? Does she need to be appointed as something by a court before she can request death certificates? And in the meantime, can she throw out things like the food in his fridge, and donate or throw out his clothes and other things of no value? This is an apartment, and the stuff can't stay in there indefinitely.
Who is beneficiary of insurance policy. It may not be part of estate.
As a sister, she should be able to obtain death certificate. She can dispose of perishables and things of no value.
I agree with David. However, if the policy has no named beneficiary who can claim the proceeds or is just payable to the estate of the decedent, sister must apply to the Surrogate in the County where brother died to be appointed Administrator of his estate. She then can file with the insurance company for the policy proceeds. She does not need a lawyer to apply to become Administrator.
My father recently passed away. He owed approx. 30k to credit cards. I am his only surviving family. My father left no money. However, he has property, a house, in Florida. I will eventually sell the house. In the meantime, I would like to know what my legal responsibilities are to the credit card companies. My name is not on his account. However, the monthly bills come to my home.
Pls advise.
Marcee
His estate is responsible. The house is an asset of the estate. You will need a probate of the estate in Florida to obtain tile and will have to notify his creditors. Good luck.
I just started a child support case, my daughters father hasn't paid not a dime lately for her. He has paid the max amount of 50$ since shes been here and shes 2. He doesn't attempt to do anything for her. He claims to not want kids but he went and ot another female pregnant about a year after my daughter was born. He doesn't take care of that child either. Im trying to figure out if, we where to get him to sign over his rights (said a couple times he wants to out of anger) Will he still somehow be responsible for paying child support???
He cannot give up his obligation to support, except where another man is adopting the girl. So, about the only thing he could give up is his visiting rights.
Good luck
If by "sign over his rights" you mean terminate his parental rights, this would mean that he would no longer be the legal father and would have no further rights to custody and no obligation to support. However, judge's in Missouri would not bastardize a child leaving the child with no legal father and so there would have to be another man willing to step up and adopt at the same time. Is there a current order for child support? Is there a current order for custody? If not, I would suggest you speak with an attorney about establishing a court order for support or about enforcing a current support order. Just because he chooses not to visit with his children does not mean that he isn't obligated to provide financially for their needs.
No. If your new husband adopts, after that he is no longer a fther and has no future oblligatiion.
If a have a pencil art drawing (10 inches x 10 inches in size) that I had paid someone $1,000 to personally draw it for me with a pencil (of which he have me a homemade receipt acknowledging that I paid him $1000 for the pencil drawing), and I have that drawing attached to the back of my rear end bumper of my car, and someone rear ends my car, with their car, while I'm on the road, and there is no damage to my car, but the drawing is obviously damaged, can I claim that $1,000 drawing as damages sought in a claim against the person's insurance carrier that rear ended me?,,,,,or would his insurance carrier argue that the drawing didn't belong on the car's bumper to begin with?,,,,,, or would that insurance carrier argue that the drawing was not worth $1,000 , even though I have a receipt for it showing that I paid $1,000 for that drawing.
It is impossible to predict what the insurance company will do, without reviewing the policies involved, the drawing, the receipt, and the facts of the accident. Even then, it may be impossible.
The only thing you can do is submit your claim and see what happens. You would be wise to submit the receipt with your claim, as well as photos of the damage to the drawing.
Is this a homework assignment?
just got divorced. Since separation I have paid her car insurance with promises of reimbursement. She now owes me over 600 dollars for this and other things, and I haven't seen any money from her in almost 3 months. Our divorce settlement says she gets one car and I get the other. Her car is in both our names, so I don't want to drop the insurance and have bad things happen. Also I think she is behind on the car payment. What can I do?
Go back to court to enforce the decree, or get the judge to give you some other way of handling the situation that produces the same effective result, if possible. If you had an attorney handle this before, it would be wise to have the attorney involved now.
I hurt my back in January I had 4 shots 1 decompression and a lumbar fusion , my company will only hold my job for one year so does my work comp end if my company lets me go
Not at all, but it would change the plan of action that needs to take place in the work comp case. If you want to discuss it, please email me your number or call me at 800-517-1614
No, your weekly total temporary disability checks will not end, even if your employer does not hold your job. There is no limitation on the duration of the payments. As long as you are unable to work, they must continue sending the payments. Depending on what you do for a living and your level of function once treatment is completed, you may be eligible for vocational rehab training thereafter. You should also be aware that you are entitled to a lump sum award or settlement for your injuries. I wish you a speedy recovery. Do not hesitate to call me with any questions. Thank you for your inquiry. Jeffrey M. Shancer, 312/795-9000
Don't worry. A worker's compensation claim exists without regard to your continued employment. (On some occasions, the claim does not even arise until after an employment relationship ends.)
There is no need for any concern - until - you have been, or are about to be, released to return to work by the treating physician; at that stage, you should obtain a free legal consultation to discuss the details of your rights under the law.
A full-duty release may end your right to 'wage replacement' benefits but ANY removal from your regular job duties for120 days (which deadline seems to have already elapsed) would entitle you to a vocational rehabilitation plan, which should have already been filed at the Workers' Compensation Commission.
It can get a bit tricky, so telephone calls and face-to-face meetings with an experienced law firm are best to avoid misunderstandings.
Sorry about this dilema and I wish you luck.
Matt Belcher
1-888-MattBelcher
Please contact an WC attorney ASAP. My office can help you if you need guidance.
Whether you remain employed has NOTHING to do with continuation of your benefits. In Illinois, you will definitely be short-changed if you do not have an experienced Workers' Compensation attorney.
Identify an attorney with the experience and resources to be a solid advocate, NOT someone who will prompt you to take the first offer just so they can get paid.
Candiano Law Office
Charles J. Candiano
53 West Jackson Blvd.
Suite 1337
Chicago, IL 60604
(888) 373-9964 toll-free
(312) 465-2914 telephone
(312) 624-8184 fax
website: www.CandianoLaw.com
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In 1994, my husband was stopped in Hamilton Township, NJ for DUI, driving an unregistered vehicle and driving on a suspended license. Apparently the Officer spelled his name and address wrong on the tickets before they returned him to his vehicle to go on his way. 20 years later, his mother received a warrant for his arrest in the mail. He went to the courthouse and paid the bail and now has a court date set. He drives for a living, and cannot afford to lose his license. In 94, I believe, a DUI was just a ticket and not a suspension. How worried should we be?
If he hires the right lawyer, he shouldn't be that worried. Have him call me anytime at 732/773/2768. I have an office in Trenton so we are nearby. I am sure that there are a number of ways to get this dismissed so he doesn't lose his DL.
If he hires an experienced attorney, he should be fine. I live not far from you and practice in NJ and PA. I have been to Hamilton Township Court many times. Please call me anytime to discuss your case.
215-370-2608
Site. Www.saulhsegan.com
I am currently out on fmla I asked for an extention I have been denied by my employer can I be denied?
Yes, but it all depends on the circumstances. There are questions that you will need to answer: is it medically necessary; do you have a doctor's certification that comports with your employer's or the U.S. Dept. of Labor's certification form; and finally, do you have any remaining leave time. You should contact your employer and ascertain what you need to do to request additional leave time.
can i sue a company residing outside my county
Yes, but depending on the details of the claims involved, you may have to sue them in the county where they are located.
Can I buy a house without my wife been separated for 11 years
Yes, but she may still be able to claim an interest in the property upon divorce or death.
In Indiana is there a statute of limiations to sue someone for property damage to there property?
Yes.
My husband separated from me for three years, The house is under his name. He started to fill for a loan modification, because he has issue with me, he won't sign the paper. I have been paying the mortgage and bills for the past three years. he is out of the country. He told me he is willing to fill a power of attorney for me to sign the documents, time is running out before the house goes back to foreclosure. I need the paper to be sign, the deadline already passed. If he give me a power of attorney can I sign the documents
I believe this is the third time you asked this question. Mr. Ashman gave you good advice in response to your earlier post. My suggestion is that you follow his advice.
If I buy a piece of land for which the owner secured an easement, which provided for access to the river, thirty years later, I buy the same owner. Does that easement automatically come to me as the new owner?
It should, unless there is some intervening fact that you are not telling us or unaware of. For example, if the owner of the dominant parcel owned both the dominant and servient parcels after easement creation, the easement may be legally deemed to be extinguished. I suggest speaking with an attorney and gathering relevant documents to get a definitive answer.
Without knowing what you mean by "thirty years later, I buy the same owner" there is no way to answer your question. Easements run with land, not people. You need to explain your situation more clearly and re-ask your question.
It depends on what the easement says. Do you have a copy? DOes it run with the land?
Is it legal to mess with the power in the apartment? As the girlfriend who has established residency and originally had permission form the landlord to be here, is it legal to mess with the power? As established residency I require 30 days notice (and have not even gotten an eviction notice yet). The person who invited me is my boyfriend, but the person "kicking" me is the roommate. However the landlord is the roommate's parents. They said "next thing if you don't leave we will turn off the refrigerator". The landlord also locked the circuit breaker so I can't access it, possibly implying they will turn off electricity in my bedroom. Since the boyfriend (who is not involved) and the roommate share the electricity bill, and I'm not paying electricity bill, is it legal to turn off power to the refrigerator and/or my bedroom as a way to try to make me leave? If it's not legal, what can I do about it? I also cannot leave the house at some times because I never had keys boyfriend shared his with me when necessary. The threat was they will remove everything of theirs, put it in the parents/landlord's fridge, then turn off fridge power. I have heard of subtracting costs from rent (but I don't pay rent) and of going to court taking days or a month to get it back on (but my food will spoil and I can't leave the house sometimes). The landlord and roommate both seem to be 100% ignorant of the law, since they have threatened to "arrest me for tresspaasing". I have lived here 5 months and police already verified my residency.
Turning off services is a forcible action that is not supposed to occur.
I believe that my employer is harassing me and retaliating against me.I am an employee of a corporation that employs over 1000 people. I make approximately 75K per year. I have worked for the company for 2 years and the company had me execute a contract giving me permission to work from home, that this could be terminated at any time however it also states that this is done with a 30 day notice in writing. I also had review a year ago and it was excellent. We have had an extreme slow down at work. My new branch manager of 5 months called me and told me that there is new management at the company , I would no longer be able to work from home and that I would have to be in the office at the beginning of the month. He told me that he wanted to forewarn me as he knew that I had a long commute and I may want to discuss this with my family. (I live by myself, that was weird.) I have commuted to the office in the past and my commute is equivalent to that of this manager. I did not receive a written notice. I showed up to the office out of respect for him, I explained to him that I needed the 30 day written notice to get my affairs in order. He told me that the agreement created by the old HR was now void. I assumed he would now be laying off one of my co-workers who has been with the company for a shorter time and has less experience. He then said that he was creating a new position for me, basically a demotion/ less pay, and that the less experienced employee earned her position because she showed up at the office every day as if my working from home was a mark against me. Since I received nothing via email I drove back in the next day to confirm that this was not yet drafted. I followed up with an email and requested that this be sent drafted asap in order to get the clock ticking. This turned into HR getting involved and finally drafting the 30 day notice. HR was trying to tell me that there was a discrepancy in the contract. I didn't draft it. Instead of just laying me off, they are trying to find another reason to get rid of me as to avoid the responsibility of the agreement. The branch manager called me after HR sent over the 30 days notice. He was very angry with me. He said that he did not know about this agreement. When I nicely corrected him regarding a statement he had made, he lost his temper, told me to be quiet, let him talk, I am the subordinate. I asked him when he would start transitioning files from the other employee over. He indicated that he was not. I asked HR to please make him stop. We, I had thought, resolved the situation. He should have apologized to me instead of calling me and yelling at me. He now wants a meeting, I'm assuming over the phone. He scares me. I had to go to the Doctor for massive anxiety and I was prescribed anti anxiety medication. I'm not a pill popper. I do not have bad marks on my employment record, we've simply slowed down. Not sure why they couldn't just lay me off instead of giving me such a difficult time. This is the 2nd hard time they gave me regarding contracts that they create. When I asked for what I was owed last year in bonuses, they gave me such a difficult time with that as well, about $20,000. It was the same difficult process and laying blame on me. I had filed a claim with the labor board and then they finally paid me. Same HR person was involved.
What is your question? I can't find a single question in all that you have typed.
In the state of Nevada does an employee have the right to leave the workplace for their paid for 10 minute break?
If there are only two employees on duty and company policy is two employees in the workplace at all times, can the employer require the employee to take their break in the break room of the workplace and leave during that break?
You can likely receive the answers to your inquiries at no charge to you if you visit the Office of the Labor Commissioner located at 555 E. Washington Ave., Ste. 4100.
I recently was asked by my wife for a divorce. Discovered later that it was because of an affair that she was/is having. The house we currently live in was purchased by me, alone, before we got married, and refinanced once during our marriage, but was still refinanced in my name alone. after 2 months, she has dragged her feet, finding a place to live, and I am ready to put my house on the market. It was suggested to me that I was not allowed to sell my home until our divorce is final. My question(s) are: What can I do to get her out of the house, and do I have to wait to get it on the market?
Even though the house was yours prior to getting married once you did get married, your wife became entitled to a potential portion of the equity that has accrued while you were married. Because of this, generally speaking you will have a tough time selling the house without her signing off on the deal even though she is not on the deed or mortgage. The quickest, cheapest and easiest way to resolve this issue is with a Separation and Property Settlement Agreement and a Quit Claim Deed if she is agreeable to that. However, even if you end up duking it out in Court you have a decent argument for an unequal share of the marital property in you favor due to the infidelity. There are many firms, including ours that can do this type of work for you for a flat rate fee of around $500.
How do you go about getting a law changed? I think that if you have a baby and decide to keep the baby you should NOT be protected under juvenile law if you hurt that baby.
contact your state Representative and your State Senator. Or, you could start a petition drive.
Good luck
My question is in regard to paycheck garnishment and my employer not forwarding those payments to the company who holds the loan. The garnishment started June 1, 2006 and was paid on a weekly basis until December of 2011. After that date months would go by without a payment being received even though it continued to come out of my check every week. According to the company that holds the loan, every month a payment was not received from my employer they would report negatively to my personal credit rating. Do I have any legal recourse in this matter? Could legal action restore any negative impact this has had on my credit?
Texas law doesn't allow garnishment of a paycheck for an ordinary debt. Did you volunteer for this - sign an agreement regarding wage garnishment?
Was this an income tax debt? Child support?
I have gone to court with the mother of my child for custody and visitation in the court order it said she was expected and encouraged to give me more time with my son after his final heart surgery and she has not can i take her back to court for contempt of court and then for custody
"Expected and encouraged" means nothing.
yes you can. People who jerk other people around lose custody.
i have residential custody of my 3yr old he sees his father for a month i let him have him longer than a month now i want him with my mom for two weeks until she brings him to texas (he is in nj) he wont answer my calls or texes
I have no idea what "residential custody" means. It is not a legal term. It sounds like no court has given either one of you custody in legal paperwork signed by a Judge.
You have a problem because one of you lives in TX and one lives in NJ.
I recommend that you immediately contact an attorney in the county that you live in and discuss your options. The longer you wait the more difficult things are going to be for you.
If you have no money, then contact one of the pro bono (free) legal agencies around the State of Texas that might be able to assist you. However, since he lives out of the State of Texas, these groups might not be willing to accept your case. Then, you would have to hire a private attorney to assist you. Good luck! Please do not contact me because I only mediate these days.
I bought a car from jay wolfe Auto Outlet here in Blue Springs Missouri. Which they are closing the location where I make my payments and bought the car they tell me that they're sellin and moving out of the area and going to sell the contract to an outside firm can be legally do that without letting me know first.
Unless the contract prohibits it, it is common for sellers to sell their right to collect money from you. If there is still warranty coverage for the vehicle, the new company should be just as subject to it as was Jay Wolfe. Perhaps you will want an attorney to look over your exact contract, and advise you of your options.
Good luck
Can I sue the insurance company for saying that the casue of a car accident I was involved in was speeding in the affidavit which I have proof that I was not speeding after my speeding tickets from this accident got dismiss in court when we went to court on this matter for the plaintiff medical bills and car repairs which the plaintiff was not hurt of there was no damage to the plaintiff car after the accident which the plaintiff thought that they could get paid for the accident by the insurnace company of the truck that was involed in the accident which I did not know the truck that I was driving that was involved in the accident did not have any insurance which was my father truck. When the plaintiff came after me the first time with their own personal lawyer the case was dismiss on their behalf and whe the insurance company came after me for the money they paid for the plaintiff medical bills and car repairs my lawyer did not do a good job with my case which I have to paid $12, 500 with a settlement agreement between the insurnace comapany and myself. I have proof that all of my tickets I receive behind this accident which one was speeding was all dismiss in traffic court. Can I come and sue the insurance company for stating in the court affidavit that the cause of this accident was because I was speeding because I taken average of in this court case to where my lawyer did not do his job in which I paid him. He kept on saying you know that the law say you hit someone from behind you are responsible and that the Judge we had was a new Judge and that everyone went up in front of him he made the defendant pay. My acfcident the plaintiffs was not hurt and their car was not damage from the accident which the back of the plaintiff car had a black mark on it and the fron of my father truck is silver and tan which I did not cause that mark and that the plaintiff used fraud medical injuries in which they were thinking they was going to get paid through my father insurance company which he did not have and I was unaware of this. I need to know can I sue the insurance company for saying I was speeding when I was not or if there is anything I can do to have this over turn.
Usually no. While one can sue for certain false statements in some contexts, one cannot usually sue because the defendant wasn't convicted of whatever someone else claims they did.
Traffic cases are totally separate from civil automobile accident cases. If someone is not convicted of speeding in the traffic case (say the charges are dismissed or they were acquitted) it is not the same as the court saying they definitely did not do whatever they were charged with. Instead, it is possible that there is enough evidence to show something civilly but not criminally. It has to do with the level of proof. In any case the insurance company usually is not a fact witness and usually can't testify as to what happened at the accident since they were not there.
However if one disagrees with a court decision one can exercise appeal rights. Note that this is general legal information and is not designed to analyze the specifics of your particular case.
Real Estate Attorney related : Listing Agent denied our $170,000 cash offer by saying he has multiple offer in to $200,000 cash, property was sold for $165,000 cash. Per Agent, the Seller refused to sell at $200,000 cash and choose lowest cash offer. I Would like to submit complaint to BRE. Do I have a reason to proceed after this explanation. Listing Agent was acting very aggressive and rude, before I finally received the explanation. If the Seller had particular buyer related to the Seller or Listing Office, why this property was listed on public MLS, where all potential buyers have equal rights to bid on the property. On what criteria the Seller was based to choose the buyer? On the first email Listing Agent stated that this deal was a mess, in the other email he said I don't deserve any explanation and in the last he said it was Seller's decision, because I notified him that I will report to BRE. On top of that I was told that I need to go back to my country and take English spelling classes, which I consider as National Discrimination and personal tread by Licensed RE Agent and Broker. Please let me how do I need to proceed. Thank you!
You do raise some issues that may be worth investigating. Was your offer without contingencies? If not was the lower offer without contingencies. When someone is selling a property and they have several offers there are a variety of factors that go into accepting an offer and not just the price. If you want to pursue this matter then you should retain an attorney. If you have any other questions feel free to call. 818 345-0123