Hello. Fairly recently, let go from an insurance office after 8&1/2 years and not been able to find work. Just found out my former employer has said disconcerting comments when others call about my work history... What can I do?
i can refer you to an attorney who files lawsuits against employers for this kind of thing
contact my office
If a house is left to four siblings and one wants the property sold and the others don't , what happens?
If all of the siblings can't agree the house may not be sold without a court order. Hire an attorney.
A house left to four siblings is a recipe for a disaster. If the parents are stil alive, theye need to see an estate planning attorney and discuss this. Perhaps they can leave their home to a trust in their wills or in a revocable living trust if they don't want the home to be sold. Or, if they want the hpme to be sold, they can provide for that. Or, if they know that only certain kids want it, they can arrange for their executor to offer the home to those kids and make them buy out the share of the children that don't want it. There are a lot of options, but these need to be discussed with a probate attorney.
If the parents are already deceased, this is a mess. If one of the children wants to sell the home, then the other 3 children should buy out the share. If nobody can agree on a price or some children cannot afford it, then any of the children can force a sale of the property through a process called partition. The property will then be sold to the highest bidder and the money divided among the four children.
Depending on whether the children have or have not inherited the land will depend on what kind of an attorney is needed. If the parents are alive, they need to see an estate planning attorney. If the parents are dead and their estate is in probate, see a probate litigation attorney. If the parents are dead and the estate has completed probate, then a real estate litigation attorney will be needed.
Is driving a vehicle with children in it when you know you can and have had multiple seizures considered child endangerment
Possibly, depending on details you didn't give us and should be giving your lawyer
In a criminal context, it would only be so if your license had been restricted or there was a basis to believe that you would have another seizure. In a custody context, the Judge would make the call as to whether doing so was a dangerous situation which would count against you in a custody battle.
A car dealer sold me a vehicle with an advertised remote start package. When I had it inspected by a pro shop they informed me that all the safety features had been bypassed due to the fact the remote starter was for an automatic transmission and not a manual. This is our family car and a big selling point for choosing this particular jeep was because it had a remote start installed already. I'm hoping to hear back from you before I proceed with contacting this dealer. Thank you very much, Brandon Mueller
This website provides general information not the detailed legal counsel you seek. An attorney will be happy to provide you with a legal opinion as to your rights and viable options at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Attorney, http://dwyerlawfirm.net
could sighns be posted stating your property is under surveillance by video cameras but no cameras exist and someone is hurt and sues you would they win in calif court.
Whether or not you have cameras on your property is completely irrelevant to whether you would be found liable in a court of law with respect to third parties injured on your property. This is also not a criminal law question. This category involves questions over the law governing the criminal justice system, and people charged with crimes.
I agree with Mr. Roach. You seem to be asking whether the victim of a crime who believed he was on camera could successfully sue the property owner who posted the signs. Unless there is a lot more to the story, the answer is no. The lack of cameras would not have caused the crime, and the owner owes no duty to people on his property to make video recordings. Only the criminal would be liable.
If you have a FEDERALLY DOCUMENTED VESSEL in Florida and its stolen would you file in State or Federal court?
File what? Call the police.
What is an approximate bond for theft by receiving stolen property in gwinnett county ga
Depends on the person's record. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38
Good luck
I purchased a house and there is also another house in the back that is owned by someone else. I also own a separate parcel which is the driveway which allows them ingress & egress only. My question is ...there's a gate and fence in front of my house and the driveway that wasn't working when I purchased the house. I want to know if I have to ok it with them to fix it so that it closes or as long as I provide them with remotes to get access in and out the gate I'm legally ok?
Yes. You are free to control access, as long as you do not block their access.
Is it illegal for a doctor not to conduct a followup visit with a patient after surgery and to only let them see the physician's assistant?
Well it is not necessarily medical malpractice.
march 24 2006 i had a trial by court and on this day the judge grant me a judgement of dissolution, and ganve me my maiden name back and the court order each counsel to file briefs. and that was done by april 10 2006. and i thought i was divorce .3months later i got married in las vegas now its my understand after being married for 5 yrs and my husband past suddenly. that i am not legally married. how can that be if the judge granted the dissolution in march and signed it 10 days later. is there anything i can do. we were in court for over a year.what the hell is this six month waiting period i waited 15 months to get the dissolution/ divorce HELP
You need to stop asking the same question over and over again and go see a lawyer who can review all the documents and explain them to you.
Take Mr. McCormick's advice. Until the court documents are reviewed no one can answer your repeated questions.
You need to get your original divorce judgment. If you don't have one, you weren't divorced and were not legally married the second time. I strongly urge you, for the last time, to get your divorce judgment from the court and see an attorney.
my dad pass away in July how can I find out if he had a will? He told me before he died he was leaveing me money because I am disable and cannot work.
My mom said he left nothing. How can I find out about any will I live in Indiana.
Live alone and have some family around but my mom hates us all can someone help?
I
If the will was entered into probate in court, then there will be a record of it. You can check with the clerk of the county in which your dad lived when he passed. Otherwise, there isn't much you can do. Only the heirs and the executor have a right to see a will if it exists.
If I do a plumbing repair at my daughters house and it breaks and causes flood damage, can her insurance company come after me for the money after they've already had repairs done? They are trying to.
Yes. The insurance company, having paid the claim, now has a claim for "subrogation" against the responsible party. You should turn the claim over to your commercial liability carrier to defend and pay the claim. Your carrier will not be responsible for your work that was bad, but will be responsible for any damage caused by the work going bad. Good luck.
I have been paying the premium on a universal life insurance policy for several years. I was listed as the beneficiary which was irrevocable. I found out today that the policy is no longer active - it had been cashed in for the face value.
The understanding upon making me the beneficiary was that I would pay the policy. I was to take care of my mother (who since passed away) and set up a trust with part of the money for my sister.
Do I have any recourse on this matter?
the owner of the policy controls what happens with it. if you did not own the policy the owner had the right to cash it in at their discretion. suggest you review the paperwork which was provided at the time they policy was taken out.
I agree with Attorney Stein. Typically on a life insurance policy, the beneficiary is paid funds upon the condition of the policyholder's death. While the policyholder is alive, he/she has the option of changing or terminating the policy, which includes be awarded the cash value per the policy's provisions. I'm wondering if a separate trust was created. However, if the asset of the life insurance policy no longer exists, then the provision governing the life insurance is no longer valid. To be certain, you should consult with an attorney in your area since it is difficult to ascertain all the facts through an online forum.
i have been raising my grandson since he was born. My daughter passed away giving birth to him. he was taken away from me when he was 3 yrs old by CHIPS in Dakota County, Mn. The father has given up all his parental rights. I have done everything Chips recommended and then some. They still have not given him back to me. He is now 5 yrs. old. He has an older brother which is 7 now. Yes, my daughter is the mother of both. My question is..Why did Chips say i had no rights because i didn't have legal custody of my grandson? Shouldn't he have come to me "by rights" after he gave up his parental rights? I love my grandsons so very much. They are all i have left of my precious daughter. I was also told that Chips had no right to even take him the way they did. I was also told that my grandson was adopted. Shouldn't they have told me what the hell was going on with my grandson? I have many other things to tell you about this case, but i want to talk to someone. Please help me. I have tried everything possible. I will never give up trying to get my grandson.
Unfortunately, custody of a chld doesn't automatically shift to a grandparent "by rights." I would think that child protection services would want the child to go to a family member, such as a grandparent, before going to foster care or being adopted. You state that you have tried everything, but have you tried hiring an attorney?
If an officer catches you with a knife at school and drops you off at your house can he legally come back and book you when he feels like it?
This is not an educational law question - it is criminal law. People can be charged with a crime long after the offense. You need a good criminal lawyer now. Today,
Why did the courts not include my hardship children
Most likely because you did not give the information and proof necessary for the court to include them - just as you gave us no information necessary to assess your situation and give you a better answer.
More facts are needed as a backdrop to properly answer your question.
I work for a nonprofit org in KC making $250 a week. I do not have a contract, just a verbal agreement. My title is 'Executive Director' and I'm working anywhere from 40-60 hours a week. I've asked for a raise multiple times, but they keep telling me no and just say 'cut back your hours' but I can't do that since I'm the only one running things. I work in their office every day and my hours fluctuate depending, but are normally 9:30am to 5pm, and I hardly ever take breaks. Last week I worked 54.5 hours. Is this legal? Can they get away with paying me this little and working this much? Should I talk to a lawyer?
You may have a fair wage claim. But, there are several factors that may lessen the chances of your claim succeeding. This organization may have too few employees to be subject to some pay requirements. It may be that you decide how many hours you work, not your employer. The authority that your position carries may exempt you from overtime psy. You should consult directly with an employment attorney.
Good luck
So my father passed away in late november. HIs caretaker/ president of his company did not inform me of this. I found out from a condolence letter sent from his bank. I have wills set in my name from him. Only this woman has taken over his company for the past four years. We could never visit him without her presence. Hlaf the time she would do all the talking for him. We also heard that she left him/ abandoned him when he did not do what she wanted. She now has control of all his assets. What can we do? We didnt even recive a ceremony letter for his funeral or anything. When my daughter called on December 11 they did not even tell her he had passed but rather said he wasnt in at the moment and would take a message.
You should probably probate the will.
JDH
Not only probate the will, but contemplate obtaining assistance of probate litigation counsel, as I can see some litigation coming in this matter; you may even have to consider filing a complaint with the District Attorney for embezzlement or fraud for misappropriation of assets.
There is no question but that you need to immediately hire an attorney to protect whatever interests you have in the estate. The longer you wait, the harder it will be to straighten this out and collect whatever is rightfully yours.
You should get local counsel to probate the will and proceed to Marshall assets belonging to your father. Let me know if you would like to discuss.
Caleb
I am a registered sales person for a contractor, however I
Am having trouble getting paid my referral fee/ commission .
Can I place a lien on his bond?
Possibly, but in my limited experience with trying to attack a contractor's bond, I think you would be expected to get a judgment first. Really, I'm not sure, but you might want to consider going to Small Claims Court to reduce your claim to judgment. This of course will not make the contractor extremely happy, but neither would placing a lien on the bond.
I signed a 2 year contract with Brinks for hme security system and Brinks sold out to ADT. Am I still bound to the contract?
Read the agreement to see if you are subject to it.
I am currently in nursing school. In my early 20s, I pled no contest to a computer-related crime that I actually didn't commit (the accusation was made by an ex boyfriend and I simply didn't want to deal with him in court or pay for a trial). My attorney assured me the case would ultimately be dismissed, so I thought it would never pose a problem for me and wanted to get past it as quickly as possible. Well, years later something is showing up on my live scan and I'm not sure how to deal with it. The case number, crime, or disposition is not on the live scan report. The only thing I see on the report looks like this:
ARR/DET/CITE: 20060523 CAPR LA WF ALHAMBRA
CNT: 001
BOOK / RELEASE
DNA PALM COLLECT: NO ARREST
ARR BY: CARA OTHER LOS ANGELES CO
ADR: 20060523
COM: PHOTO AVAILABLE
I believe this is in relation to being fingerprinted at some point while completing probation. After I completed probation, the case was reduced to a misdemeanor and dismissed under 1203.4. So, based on my live scan, I'm not sure what I should say if asked a direct question about my case. I know that I am legally obligated to disclose information about the case to the state licensing agency, but what about employers or clinical sites? And how much should I disclose? Do I have to explain everything or simply that it was dismissed? I am really hoping to avoid the embarrassment or judgment which seems inevitable with full disclosure of the charges and disposition.
Any advice would be appreciated, thank you.
You must disclose the conviction by saying yes, conviction dismissed.
Hello again .You asked me to give you more details.My husband and I dont agree on things anymore. We have not gone on a vacation in about 14 years.I want a different life.Well good and bad. I found someone to share that life with me. My husband was not happy about it. Now he is adjusting to my life style.Our daughters are good with this. They like my ( boyfriend). The girls see that at home with their dad I am not happy. With my other significant I am very happy. He makes me feel happy and loved.He is on disibility. So he has little money . We want to live together. But I want to make sure I get money from my soon to be x. I am repersenting myself in court.I have looked in to help. But was told no help until I move out.What can I do? Also if I move in with my (boyfriend) MY ex will have al my belongings. Please help we. And I was on unemployment. Not no more.I am scared what can I do. PLEASE HELP ME !!!!!!!!!
Well you have more problems now. If you are living with someone in a conjugal relationship, you cannot get maintenance. You are still entitled to a portion of the marital assets including any equity in your home, your husband's pension, a share of the furnishings, etc. You don't say whether you are already in court or not but it sounds like you might be. If not, you should probably reconsider your options. Either way, you still need to talk to a lawyer and should do so right away.
I play recreational softball on the weekends, I am 22. Back in March, I accidentally hit the pitcher with the ball after batting causing him an injury. It hit him on the forehead, had to go to hospital and have stitches. I learned next day that he was doing fine, and out of hospital. Four months later I receive a call from his attorney telling me that I am being sued for 20, 000.00 for medical bills and lost time from work. I do not have that kind of money. I just don't understand. I have been injured before myself when playing and never crossed my mind to sue. I figured that is a risk we all take when we choose to play recreational ball. Should I get a lawyer? I am being told to not worry, ignore it, it won't fly in court, I just don't know...
The advice you have been getting is right...this is a joke. Unless there is more to the story, an injury obtained in sports when everyone is acting in the normal occurrence of the sport is protected by the consent of all parties. Unless you were doing something outside the confines of the sport, you are protected.
For instance,, if the pitcher throws the ball and you bat it back to him, you are not liable for his injuries. If you take the bat and hit him over the head, you have acted outside the rules of the sport and you are liable for his injuries.
I recommend you contact and attorney and have him write a letter to the other attorney to back off.
This claim really does sound baseless. Unfortunately a player in the field assumes the risk of injury from a batted ball. As a former rec league softball player I note the inherent risks of the game and they are no secret. You should immediately contact your homeowners' or renter's insurance company and advise them of the lawsuit to see if they can provide you a defense (which would mean you pay no attorneys fee) and coverage for this claim.
Shared custody of my son with a court custody agreement. The mother was suppose to return my son by today but now is refusing to give him back. What are my options? I feel he is in danger with her
You have to file a motion for contempt/enforcement. Maybe go for full custody.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
[email protected]/* */
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
I agree with Mr. Smitten's response. If you can articulate why the child maybe in danger, then have the Motion filed on an emergency basis.
Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1014 Ohio Ave., Ste. B
Palm Harbor, FL 34683
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
My old friends and I were targeted in an FDLE anti-gang initiative in 2006 in Okaloosa County Florida. Many of my old friends were arrested in connection to this and forced to work as informants mostly in 2009. I was never arrested.
I have been told by two separate people I am under investigation.
My friends have been arrested.
I found public records naming the investigation so it isn't secret.
I am treated poorly everywhere because of this. Called pedophile, drug dealer, etc.. by people I don't even know.
Overt surveillance and harassment has been constant since 2006 and isn't letting up.
I sent FOIA requests last year for records about me in relation to the investigation to numerous agencies and none responded.
I just sent new requests last week again. If they do not respond how can I compel them to release these records? I cannot afford an attorney.
Also, how long can they legally keep an investigation open for without charging? Surely they cannot just harass you the rest of your life. Can they?
The government can keep records sealed while a case is under investigation, which can extend into years. The statute of limitations for most federal felonies is 5 years and 4 years on most state drug trafficking charges. Because you may be at risk of arrest, you need to discuss this with an attorney to see if getting FOIA requests is even wise. Further, they can advise you about what is the best way to proceed.
I have been requested to notarize a prove-up hearing, in Los Angeles County by telephone. Exactly what are my responsibilites as a California Notary Public?
I don't see how you can possibly do that and comply with the laws governing notarization.
My mother lives in a rental apartment complex in Ft. Lauderdale, FL. The complex is planning to renovate and in the process, they informed her that her handicap parking space will be moved two buildings away. She is unable to walk that distance, let alone carry groceries that far. That is the reason she has a medically approved handicap parkin gpermit. The management will not listen to reason and are moving ahead with their plans. I may add that there will be NO parking spaces of any kind in front of her building or the next building in order to accommodate the construction crews. Is this legal?
I think this sounds outrageous. I don't think they can do this to your mother. I represent all kinds of people in this kinds of matters. Please contact my office
Hi I am 14, and want to sue someone for defamation actually my mother, she has said many things
1. false allegations of child abuse
2. false allegations of sexual abuse,rape
she told a lot of people so know people look at us like if we were hoers or something and she also said that to acs and acs said the allegations were false but they didn't do anything about it than say there lies she still presses in the family court that it's true but I know she is doing because she wants our custody but we don't want to live with her she has abused and I practically hate her everytime I see her I remember all the bad she's done in my miserable life. What can I do to sue her?
As long as you are a minor only your parents or a guardian can sue on your behalf . . . . and here is the depressing news, your mother has parental immunity in her child's civil action against her for being a bad parent.
This morning I saw a car listed online for a low price. I called the dealership directly to inquire about the price, and asked if they were going to honor the listing.
I was told it was a typo, and how could I possibly think it was listed for so low. Then the sales manager told me, he would send me a list of other vehicles for sale.
Is this potentially a misleading/fraudulent advertisement?
I just want to know if the dealership is legally required to honor their listing.
"Is this potentially a misleading/fraudulent advertisement?" Yes, but: (1) there might be disclaimer language in the ad about not being responsible for typographic errors, (2) you weren't injured because you did not formally and unconditionally accept the dealer's purchase price right then, with a bank check for the full price. Any acceptance contingent on financing weakens your case as you don't know if you would qualify for financing and allows the dealer to say "no" before your financing is approved.
A history of the dealer doing this might, might just close off the escape door of the dealer saying "no" before your financing is approved. The common phrase for this behavior is "bait and switch", throwing out bait so you come in but then switching what is available.
If this continues, I recommend you complain to the Massachusetts Attorney General and the state licensing folks.
"I just want to know if the dealership is legally required to honor their listing." Yes, but it can change its mind until you formally accept the offer with the full price immediately available. Otherwise it goes into the gray area as discussed above, depending on the dealer's history of doing this.
My dad died 8 years ago owning a house in Valdosta, GA. I supposedly own 1/5 of the house. 3 of my siblings quit claimed their 1/5's to a woman living there.
I refused to sell my 1/5 and so apparently did my brother's widow. I was in Valdosta, yesterday and noticed that all of the trees and shrubs in the yard have been removed and someone is living in the house. I checked online and the taxes have not been paid since 2011. It appears that someone has taken over the property whether I wish to sell or not. I'd really like to know what can be done.
Unless the estate was probated propertly, you don't yet have ANY of the house. Even if it was, if you didn't attend to paying taxes, it may have been sold at a tax sale. IMMEDIATELY, as in the morning, see a lawyer in Valdosta with all your paperwork.
Me, my autistic brother & my 4 year old, rent a house in Los Angeles County, CA we have a month to month agreement & have lived here for 2 years 8 months , in Feb 2014 my landlady came over because the bank needed to come over because supposedly she was trying to refinance, then on may 27,2014 she sent me an email telling me the bank said she has to get out & that we have to move by June 15, I told her that was not possible, so she said they got extra time now it's July 15 & that there is new buyers, I never knew the house was for sale, my grandmother would have purchased it if we would have known, and now she is harassing me everyday with text messages & emails, but she's never given us any sort of formal notice. If the house has new buyers is she still our landlady? What happens if we don't move by July 15? Because my brother is autistic & gets Social Security does the ADA pertain to him?
She or the new owner must go through the legal process of a formal written 60-day notice to quit that she must post or serve on an adult in the property, and then file a court case and actually get a court order if you don't move by then. If the house is sold, then the new owner must decide what to do. The problem arises because she probably guaranteed that, as a condition before the sale, the house will be delivered empty. You might tell her that if she wants you out quickly, then she'll have to pay you and your family an amount that you consider to be a reasonable amount for relocating. Otherwise, you can hold her and the eventual new owner to the rental agreement until they do things lawfully. (You will continue to pay rent to her until you're notified in writing of the new owner's information.) You might also send her (and the prospective buyer, if you know contact information) a request for reasonable accommodation for your brother by seeking more time if you think it's more difficult to relocate because of his condition. If push comes to shove, you should probably locate a lawyer in your area who can help you.
If there is no lease agreement and you are on a monthly rental, then the landlord is free to take the possession back from the renter(s) by providing the required notice. If this was a rent-controlled property there would have been more protections in place. I recommend you start looking for a new place in order to make it easy on you and your family.
I'm recently been taking to court for eviction. My landlord is saying I owe nine months of rent. She is claiming on my three day notice that she hasn't received rent all this year, when I have the money order receipts to prove so. I have been to court twice in two weeks, each time postpone to the following week because her lawyer wasn't prepared. He wants to meet with me on Friday to go over her receipts and mine. Her three day notice is a falsification of documents. Should I get a lawyer before my next court date?
Yes, get a lawyer. DO NOT MEET THIS LAWYER OR LANDLORD OUTSIDE OF THE COURTHOUSE UNLESS YOU HAVE A LAWYER. This case should have been dismissed already.
I was brought to the United States by my American father 13 years ago. My mother is German. I was born a German citizen. My father worked with an immigration lawyer to get my citizenship. But we went through a homeless period and all our documentation was lost and my passport has expired. The only thing I have is a social security card. I can't get a valid photo ID and I can't get a job. How can I get a state ID or my original documentation?
You an have a FoIA request done and have all your old immigration files pulled up. I have done this before for my clients for lost past records.
I have a signed lease in front of me that states I can move in and rent his house for 6 months starting 2/1. It states I must pay the rent each month within 7 days of the first of the month. Today is 2/1, thus the rent is due 2/7. He now has an offer to sell his house and wants to rescind the contract. I'm out for moving expenses ($750) and start a new job 2/3 and have no place to sleep tonight, nor no place to move to at all. I think he should reimburse me and pay the difference between my new place (if I can find one) and the $900/month I agreed to pay him (per the lease)...Or I can just move in (I have the keys) and see what happens. He says because no $ has been exchanged, the lease can be rescinded but the lease says I have 7 days to pay the first mobnths rent???
You have a lease. The sale is subject to the lease. I would move in, especially if I have insurance and a good security system.
VA DMV sent me a title to a car I purchased in August 2013 with no lein holder. I thought it was odd, but didn't pay any attention to it. I have made three payment so far and will continue to make the payment. Today Chuck Powers from Toyota called as asked if I had the title, and if so, could I please return it.
I realize I have to pay off the loan, but do I have to legally return the title?
Yes, return it to the seller so they can properly record their lien through the DMV which will then reissue a title reflecting this update. (What you have
now although you may not realize it is what the law terms a "cloud" on the title.)
Would like to remove my sons name from my home.
My husband passed away 17 years ago, and I was advised to put one of my childrens names on my home along with mine. Now I realize that was a mistake. Can I remove his name without him knowing?
Re: Would like to remove my sons name from my home.
If the deed was recorded with the registrar of deeds then your son will need to sign a quitclaim deed back to you in order to have his name removed from the title. Once the quitclaim deed from your son has been filed with the registrar of deeds, title to the property will once again be in your name only. No, this may not be done secretly or without your sons knowledge and consent.
I was just refused a B1/B2 visa today due to crime of moral turpitude. The Consular officer recommended I get a lawyer. Any chance I can get a free case assessment?
You may be eligible for a waiver of inadmissibility. Our firm offers half hour consultations, please contact us.
Can you tell me if an unmarried pregnant girl can be made to move back to Texas, (by the father of her child), if she moves to have the baby in the same state where her parents live. The baby was conceived in Texas and she would be moving to live with her parents as the father of her baby has been known to be violent. If the father were to file a paternity suit in Texas would the girl be made to come back to live in Texas?
He cannot file the paternity suit until after the baby is born.
While pregnant, you can do whatever you want to do since you are not married to him.
No one can stop him from filing a lawsuit and you would have to hire an attorney to defend it. Otherwise, the Texas courts won't know that you had moved from Texas. So if you need to hire an attorney use www.avvo.com to find a good one.
Happy pregnancy.
The landlord of the apartment house has mandated that I (and everybody else) provide my bank acct numbers so that they can automatically deduct the monthly rent. I have always paid on time. If i do not comply, they will levy a fine every month. Is this legal?
this is not legal. and it may be a violation of law. that is nonsense.
hire me, and i will put that landlord down for you.
I have an ex boyfriend who has been stalking and harrassing me, following me home and via text messages. I made a harassment report and we seemed to end it on decient terms I thought. I recieved a phone call from a different detective months later saying he had filed charges on me for vandalizing his car outside his house (which I have never been to.) they then proceeded they had evidence of text messages from me and him ( from a number that was not my own nor have I ever seen this number before.) claiming i was harrasing him thru text messages. They then told me I dropped a letter in his mailbox telling him how "we got ourselves in this situation." once again I have NEVER been by his house can I counter sue?
Get a criminal defense attorney with prosecution experience. You need to look into getting a protective order.
can you purchase a house in Illinois without having your name published publicly
For privacy, some property owners use banks or trust companies to hold title in a Land Trust. Generally, there is an annual fee and specific charges associated with various tasks, such as forwarding the tax bill, signing new documents, etc. See:
http://www.atgtrust.com/services/landtrusts.asp
There are several ways. Mr. Repay is correct on land trusts with one exception. If there is a lawsuit regarding the property (say a building code violation) the land trustee will be sued and may have the right to be dismissed on its motion that discloses the beneficiary -- which could be you!
So what do you mean by "published publicly" and what are you attempting to protect. If you set up a corporation or limited liability company, your name could show up in public records in the Secretary of State's office that people could search, but it could be just as the registered agent or as manager and not as an owner/member, so how "private" do you want things to be -- "privacy" can be tailored somewhat.
i came to Us 14 years ago ,i ask for asylum .my asylum denied in court ,BIA.after that i drop my case start living undocumented till now.i am not married and no children there for i am not coverd by president Obama exuective order.my question is what is my future living legaly?
Based on the sparse fact pattern you have provided, I don't see any options at this time. Also, if you were ordered Deported or Removed, & did not leave the U.S., then you won't have much of a chance of getting legal status in the future.
For a more detailed review of your case, I suggest consulting with an Experienced Immigration Attorney, in-person, & having them review all of your immigration documents & records (asylum proceedings, Removal proceedings with the Court, etc).
If you do not possess all of your records, you can do a FOIA request to get a copy of your file. See www.uscis.gov, then go to "forms" & "G-639", for more information.
My son needs advise on obtaining custody of his daughter in California.
New Mexico cps handed her over after the mom was proven unfit.
He has paperwork to show she was deemed unfit by NM CPS. She was never in CPS
Custody.
They have been in California for two years. Trying to enroll her in kindergarten
The asked for proof of custody. What does he need to do?
If the parents were never married he will have to file a Petition to Establish Paternity, Along with that he should file a Request for Order requesting he be given sole legal and sole physical custody with no visitation by the mother (or supervised visitation in California) pending further order of the Court.
Tenant moved into apartment in March, still has not switched electrical service into her name which she should have done per her lease within 3 days of moving in. Can I have utility company disconnect service from my name, which would result in disconnection of service?
Yes.
Absolutely. You can I have the utility company disconnect service from your name, which would result in disconnection of service.
I agree with the two prior attorneys.
I've been in a 10 year relationship with a man who abuses me. He owns the vehicles can I take the vehicle legally when I leave?
Florida does not honor common law marriages unless from 1968. Therefore, no you can not take the vehicle. The only way you will be able to leave with any items would be if you can prove that you paid for the items. YOu will have to take him to civil court in order to do that.
Unless you can prove you paid for the vehicle, no.
my father had $243000 dollars in his retirement account before he became sick.the money and the house was supposed to be left to my sister,but before my father died the money was moved out of the account and the house is now in forclosure. how do i find out who took the money?
Sue the institution where the money was being held and do some pre-trial discovery on them. They will tell you where the money went.
What happens to a registered sex offender whom is still on probation and violates and receives charges for violation, criminal trespassing and tampering with a vehicle with the intent to cause bodily harm to another individual?
WHAT HAPPENS IF YOU VIOLATE THE TERMS OF YOUR PROBATION?
Simply put, the probationer will receive notice of the potential revocation. The person will have a hearing where he/she will be able to retain an attorney to argue against revocation. If the judge decides to revoke probation, the probationer could go to jail for the balance of the underlying sentence.
If you have additional questions or concerns, feel free to contact me via
www.rousecolaw.com
Best of luck,
There are two different cases here. Probation can choose to try and revoke the person's probation, and would only need to prove that the person likely committed the charges to revoke. The new case could carry its own penalties, but the standard of proof is higher. You need to find an attorney willing to handle both, as the person could have their probation revoked and be sent back to prison, even if the charges themselves were later dismissed or they were found not guilty at trial..
My mother's husband recently got himself declared "designated payee" on her SS check. The check came to the house so she was very aware something was strange when his name was on it (TO him FOR her). She wants very badly to come and live with me because he treats her horribly (deprives her of heat and even an electric blanket). She was aware enough to call and explain the situation to me. They live in AZ and I in CA. What steps would I need to take to let her regain control of her finances if she can get here to CA.
You need to contact your local Social Security office to determine what might be done on behalf of your mother.
Hi,
Why during a medical exam for greencard I've been asked if I sleep with one or two pillows?
Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
If I was chased by what I think was a ghost car but at first I thought was a citizens car, and got away, and believe it was all caught on dash cam, how long will it take for them to serve a warrant?
There is no way to guess on a time limit. They will have to do an investigation. Even if they have the information on the car, it does not mean that they can show who was driving, does it? If they come knocking or calling, you better lawyer up because the only thing you can do is help them make a case.
I entered into a mediation agreement 5 weeks ago, and my ex and her attorney have not submitted the agreement to the courts for the presiding judge to sign off on it yet, I no longer have representation, as after 4 years of battle, I am tapped out. My ex has agreed to 50/50 custody to avoid a jury trial. How can I get this agreement enforced through the courts without having to obtain legal counsel?
I have also received notification that a status hearing has been set, how do I handle and prepare for this?
Most MSA's are submitted and then a legal document is prepared for the judge to sign. You can file a copy of the MSA if you have a copy. It's free to file it at the courthouse. BUT another legal document needs to be prepared for the judge to sign and make enforceable. When the judge sees that the MSA is in the file then you need to ask the judge to have the attorney prepare the final paperwork and give it to you to review prior to entering it at the courthouse. If the two of you cannot agree on the wording for the final document, you can (depending on your MSA) go to back to the mediator for clarification. You need to carefully read the documents the attorneys prepares to make sure it matches the MSA. I hope this info is helpful.
My grandma passed 4 years ago and left her 6 kids a house. My dad and aunt chose to love into the house and keep it up. I moved in after that for school and continued after that living there. Recently my aunt has been trying to get my dad to leave and has packed my stuff up but I still come home on the weekends. My belongings are there and my pets are there. My dad pays rent there and she has put a alarm on the house and will not give any family the code nor my dad that lives there and says she want him to leave. Is what she doing legal and how can I take legal action?
You and your father need to consult with an attorney in person. You have several issues and it is not clear which is which. First of all you state the grandmother left the house. If this has gone through probate or transferred pursuant to the terms of a trust, your father would be an owner as a tenant in common or a joint tenant. But you also mention that he is paying rent, which would imply that he was a tenant. (A tenant with a landlord is not the same as a tenant in common.)
My son & his ex gf have a child together. The child is almost two yrs old. My son has the baby one week then his ex has her one week. My son does pay child support because the mother doesnt work. Since the baby was born the mother has had a on again off again relationship with someone who smokes pot all day and is very mentally abusive to her. The mother moved in with him so on her weeks the baby would be over his house. The boyfriend doesnt want kids and twice within a month kicked the mother out while it was her week to have the baby. My son filed a restraining order on behalf of his daughter to keep the boyfriend away from his daughter. While that was in progress the mother made no attempt to see her daughter! (Even though the mother could have stayed with the baby on her week's at HER mother's house). The boyfriend broke up with the mother (as he does often) and she then acts like mother of the year. The mother is now living back with the boyfriend and yesterday he took her car (he has no license, and the babies grandmother just bought the mother this car so the mother could get around). When the other grandmother found out he was driving the car she just bought, she called the boyfriend and went off on him. The boyfriend then tells her that he will make sure the car never works again..He parked it at a local grocery store and pulled plugs out of it and drained the oil. The grandmother went over to his house with to meet the police and the mother was STONED out of her mind!! Before the police arrived the boyfriend was screaming at the grandmother saying he hopes she dies a slow painful death (she has cancer) all while the mother just sat there stoned. So the grandmother is pressing charges for the car. However, next week is the mothers week with the baby. My question is does my son have grounds to file for emergency custody so that the baby doesnt go back in that enviremont? He gets high every day all day, and now the mother is doing the same. I tried to talk to her on the phone and couldnt even understand her. She is supposed to pick the baby up sunday, but my son & I don't want the baby to go for fear of what will happen??
Your son can certainly file for sole custody and seek an emergency hearing, as well as a hearing for temporary custody during the course of the litigation (known as a pendente lite hearing). However, the mother will probably retain visitation rights, although conditions could be imposed that protect the child from the boyfriend. He should consult with an experienced family attorney about the process.
My ex land lord is apparently taking picture of me entering and leaving my sisters building she lives in because he thinks I live here and I do owe him back rent. he has also been harassing my sister telling her she owes a large amount of rent to try to evicted her. she has her proof she has paid her rent. He has also asked my old neighbor where I live.
Your former landlord is engaging in criminal activity if he is taking pictures of you entering or leaving your sister's building. Asking a neighbor where you presently live is not a crime, if you owe him back rent because he is engaging in an act to try and locate you to collect the back rent you owe him.
Threatening your sister with eviction claiming that she owes back rent when, in fact, she does not owe any back rent is also a crime.
Best of luck,
In the state of PA, if the parents are suing their daughter's former groom for a breach of contract that he signed a long with the parents for vendors for the wedding? The brides parents paid for everything and the groom called off the wedding after the time that the money could be refunded to the parents . He is claiming it falls under heart balm act but I thought that only covers if the bride were to sue him not the parents
The Heart Balm act precludes all kinds of causes of action arising out of breach of promise to marry. This act abolished all causes of action in PA.
Unless the groom or his parents signed a contract obligating the groom or his family to be liable for the wedding expenses, its too bad but the parents have no grounds to sue the groom. Nor can the parents recover under any unjust enrichment theory. This was an expense that the parents agreed to voluntarily incur. Its too bad that the wedding was called off but I don't see why the groom or his family would be liable here.
What does your lawyer say?
John
Someone has accused me of changing the password to their e-mail account. They filed a complaint with my local precinct and I have to speak with a detective. This person has accessed said account from my home several times but at the time that it was supposedly done I was not home and have witnesses to my whereabouts. This person also does not have access to my home. If in fact the account was accessed via my IP address (wi-fi, etc) what are my rights?
The accusation of hacking into one's email account is a serious one. Since this involves a potential criminal matter, before speaking to the police you should retain an attorney.
Roman R. Fichman, Esq.
www.TheLegalist.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. 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.
My sons father is wanting to sign his rights over. We are not married and never have been. He hasn't had any contact with our son since July 2013. He is thinking he can sign over his rights to his father. Is that possible? By doing this, he believes he won't have to pay child support . Is he right? He hasn't provided any help nor support in over a year. Our son will be 3 this June!
Typically, a parent cannot simply sign over his or her rights to avoid the obligation of supporting the child. However, you may be able to file for a termination of his parental rights and for a step-parent adoption, if you are currently married. This process would make your spouse the legal father of your son. Otherwise, you may want to talk with an attorney to discuss enforcing child support.
My brother was murdered back in August, the police department found the person responsible, but know the district attorney has rejected it for further investigation, this person now is free with no bail, or restricti. I don't what went wrong, they had surveillance cameras and a bystander also captured it on video with their phone. The people that turned the murder in were there when it happened. I believed some didn't do there job right. I just want justice.
Sue the bastard who killed your brother - it's a civil suit, and it doesn't involve the police. YOU are in control of the case.
Not knowing our attorney had never done a chapter 13 we filed I do believe there were a lot of mistakes so I was wondering if it has been confirmed already is it to late to change the errors
You can always file a motion to modify your plan.
However, you may be confusing the Chapter 13 trustee's objections to confirmation with mistakes. http://www.superdebtbuster.com
My sister has just grained custody of her children after 13 months. They were in foster care for physical abuse by her husband, (not the father) She spends every weekend with the abuser and there is a 5 years no contact with the children. She sends the children to stay with his older children.
I feel this is unsafe as they should not have anything to do with his family and this only encourages the children to prolong contact with him. I feel they are very much at risk and am considering applying for guardianship.
Would it be worth my time and money?
You could, but you'd have to hire your own counsel and fund it out of your own pocket. That adds up fast at the going rate for hiring an attorney and they would want money up front. The possible result would be problematic because (I presume) the court has already passed judgment on the matter.
My workers comp case settled may 1st. Judge signed paperwork june 12. My understanding was my check was suppose to arrive july 12. Its july 21st and I just received a paper saying a check under amount will be sent to me and that my attornrys check was already mailed as well..when will I recieve check? Do they get charged penalty because its past 30 days? If so how much is penalty and how do I charge adjuster?
IT VERY SAD you ask questions here when your attorney has your money. The 30-day clock starts 'ticking' the day the Order Approving Compromise & Release ( OACR ) is delivered to the Insurance Adjuster.
IF the judge signed the OACR and handed it directly to the Insurance Adjuster or the Insurer's Attorney there in chambers, the 30-day clock began to run the following day. So yes, if the judge handed the Order directly to defense counsel the date it was signed, then you were due funds on July 12 and penalties could be due (depending on the postmark on the envelope holding the check).
BUT if your attorney secured the Order OR if the C&R was mailed to the judge, and somebody mailed out the Order to the insurer on June 18, then payment is not late until July 18.
IN ADDITION: if the postmark on the envelope with the check says July 6 but the postman was walking around with your check for two weeks, there will be no penalty awarded by the judge
The judge will insist on seeing the postmark on the envelope to convince her to award any penalty, so SAVE THAT ENVELOPE WHEN THE CHECK ARRIVES in a Ziploc so the postmark is clearly visible.
PUT A DEMAND IN WRITING to your attorney that you expect a demand for penalties on the C&R payment not later than July 31, that your payment is overdue. Leaving phone messages for a lawyer 'I didn't get my money' usually doesn't get much action. IF THE ATTORNEY KNOWS there is physical prove of the late payment and he gets LC5814 sanctions money for his penalty petition when the insurer refuses to pay any penalty, the demand for the attorney to file a penalty petition will be much more inviting.
is it a Ga. law that after 90 days of incarceration, a judge must grant a bond hearing. the person has been charged but not indicted. He's been incarcerated for 325 days, no murderer
Yes and no; need more information and there may be other remedies or defenses.
770.985.6773 (answered 24X7 all year)
Ralph J. Villani, Esq.
At the 75 day point (75 days after arrest), IF there is no bond, the attorney should request a bond hearing. So, the hearing will be scheduled close to the 90 day date (90 days after arrest). If on the 91st day after the arrest, the person has not been indicted, then the judge must set a bond for the person. Two problems: (1) the bond it not automatically set - there must be a hearing scheduled in order for the judge to set a bond; and (2) the judge does not have to set a bond that the person can make.
We rent a house in Southern California and our 1 year lease is up on 12/31/14. One week ago our landlord gave us verbal notice that they are selling the house. 7 days later we receive a letter stating they will start showing and placing a for sale sign in our yard in 2 days. This is a beach house that is worth $1.3 M and our rent is $4200 per month. What exactly is the 120 day rule, can we refuse entry during this time and can we remove the for sale sign?
The 120 day rule means that after giving written notice that the property is for sale, they only need to give you verbal notice, not additional written notice, of intention to enter the property to show it for sales purposes for a period of 120 days. They still must give written notice of entry for other purposes except in emergencies. Notice also still has to be "reasonable" which is generally interpreted to be 24 hrs in most circumstances, and limited to "reasonable business hours" which is generally considered to be 9-5 or 9-6 weekdays and 10-4 or 10-5 Saturdays.
No you cannot refuse entry, unless you want to be in breach of your lease, and possibly incur liability for interference with contract (their listing contract with their agent/broker) and interference with prospective economic advantage (for interfering with their ability to sell the property). Considering most single family properties sell for more if they are vacant than if they have tenants, I'm sure the landlord would be happy to throw you out if you void your lease that way.
Ditto for removing the sign.
what if i cant pay a judgement against me?
It depends. It depends on your assets and income. There is no wage garnishment in NC for an NC judgment and if you work for an employer who is in NC and has no offices anywhere else. There are some exceptions to this.
What assets do you own, how are they titled and are they owned free and clear?
Going forward, if you have a judgment against you, you can own nothing in your name solely that is paid off as it is at risk of seizure. Anything that is liened or jointly owned is safe from seizure by the sheriff.
Because there is no wage garnishment in NC, the next lowest hanging fruit (creditors are lazy and most of them want money, rather than your stuff) is bank accounts. What are your sources of income? Do you get SSDI, SSI, VA, Railroad retirement, unemployment or regular SS/pension? If so, it cannot be garnished as long as you do not commingle with non-exempt funds of another person or non-exempt funds of your own.
Even if you do not get exempt income, there are still ways to protect your bank account.
To collect on a judgment in NC, a creditor must first serve you with 2 papers - one is a notice of rights to have exemptions designated and the other is motion to claim exempt property. The notice is akin to a summons in a civil case. You have 20 days after you get the notice to file the motion to claim exempt property. I don't know where you are, but see me or another attorney to help you fill it out correctly. If you don't list your bank account or other assets on the form you are waiving your exemptions. So don't ignore these papers.
Exemptions/execution can be reissued any number of times. The judgment remains enforceable for a period of 10 years but it can be renewed for another 10 years.
In the long run, what is your situation? How much is the judgment for? What is it for? A credit card? Or something else? Will you be able to pay the judgment in time if you saved up money? How old are you? Do you work? If you have more than $10,000 in dischargeable debt and your assets would all be exempt, then consider filing bankruptcy if you will never be able to pay this back. If you are looking at chapter 13 bankruptcy or if the debt is less than $10,000, then start saving your money. When you have about 50% of the judgment balance (get an updated balance from the court), most debts can be settled in a lump sum (credit cards and other unsecured debt, like a personal loan/line of credit). If the creditor refuses, keep saving until you have 60% and try again.
Please contact me at [email protected]/* */ if you would like to discuss your options in confidence.
How quickly must I turn over an insurance check to a provider (MD) that was made out to me? The MD office is threatening to call the police and Insurance company to report me for fraud for depositing a check within the past 30 days and not forwarding the check immediately to them. They are also threatening to notify the IRS that I have unreported income; which I know is absurd.
you must turn over that check now. today. drive it over there. today.
Safe Haven Laws: If a woman takes a child to a centre to forfeit the child and the father claims custody is the mother liable for child support? Is the same applicable for the father or would he be accused of kidnapping, as I suspect?
(this question is general and not specific on states)
Family law is state specific. I only practice law in Texas so I have no idea what another state would do.
If dad has custody, then he can ask for child support from mom. If mom's rights were terminated then generally in Texas any child support obligation ends.
Generallly a parent cannot kidnap their own child unless there are court orders in place.
If you have any other questions, talk to an attorney. If you are writing a book, I often talked to authors about their story line. Unfortunately, it is difficult to write a book on this topic since family law varies so much from state-to-state.
www.familylaw4u.com
713-847-6000
My father (plaintiff) is going through marriage annulment. He has a pretrial that is scheduled a month from now. Does my father need or require to submit a pretrial brief to the court three days before the pretrial? Thank you very much for your help and time.
A Complaint for Annulment alleging sufficient relevant facts that
would allow a circuit court to move forward with a hearing on the evidence
for such a claim must have been first filed which is normally
handled by an attorney with knowledge and experience in handling
such domestic relations matters in the Commonwealth.
my two sister is a co personal representatives of our mothers estate, one of my sister has removed the car from our mothers house the car is titled in only our mothers name, i have emailed her to return it and she said no. what are my options?
If a PR has breached her fiduciary duties you should so advise the court and seek relief.
Seek Court assistance to get the car returned or picked up by the Estate.
Inform the court, have the other PR file for removal of the sister as PR for breaching her fiduciary duties. It would appear that you have not filed to probate this estate and are just doing what the will stated without filing. I suggest you get that will on the books before all the assets are gone.
In an Iowa court, person was ordered to pay child support and also a monthly property settlement fee. He is not doing this. What can be done - he is in contempt of court, isn't he??
One needs to take this person to court by filing what is known as a motion for rule to show cause. On the other hand, if a person really and truly cannot pay or does not want to pay, there's little enough that can be done to get them to pay.
I quit my job because I was promised 30 hours a week and never got it after 3 weeks. Since I had to use my car for travel I was unable to afford the gas of driving up to 80 miles 4 days a week with no mileage reimbursement and minus 6 to 9 hours of pay per check. Additionally, I was told that I am a independent contractor and not allowed to have breaks. Lastly, I was given last minute directives as though I was on call often my work hours and locations given to me at the last minute. My employer denys this and is creating lies about me. What can I do?
Find another job.
Yeah, I tend to agree with Mr. Christian that you probably don't have a legal remedy. In addition to filing a lawsuit, people who are treated unfairly on the job can sometimes make a successful complaint to the state labor commission, but I'm somewhat doubtful that you have an actionable claim, or if you have, that you have enough solid proof of employer misconduct.
Look for other employment, and file with EDD for unemployment. Tell your story to them, and to the judge if you appeal a benefits denial.
I run an online competative gaming site and I am trying to drum up ways to provide prize support for out tournaments. One option that was suggested was holding a raffle for people who donate to the website. For example every $5 dollars donated gives you a raffle ticket that you can put towards one of any number of items we might offer. Is this illegal and if so is there a legal way to do this?
You can't run an illegal raffle in the state of Iowa. That's pretty straightforward.
I know in Ohio you can only sue a doctor within a year from the incident for malpractice. I am wondering if you are still able to sue that doctor if there are new symptoms caused from a past treatment (8 years ago) from that doctor?
The one year time statute of limitations begins to run only after you discover the symptoms of the malpractice. Call me directly if you want. 216.952.1990
To properly answer your questions, we would like to provide you with a free consultation with one of our attorneys. To schedule your free consultation, please call 1-800-297-9191 or email us at [email protected]/* */
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Thank you.
I have a three year old with my ex (never married) and he hasn't seen him in about two and a half years. I'm planning on goin out of town for the weekend and I'm wondering if there's any laws about taking a child out of state when you're in the position that I'm in, and what I need to do?
If you and the Father were never married, AND as long as there is no parenting plan in place, you are fine to leave the state. If you have a parenting plan, please reference that plan to make sure you follow the requirements of travel. Typically, if you are traveling out of state for more than 48 hours (and there is a parenting plan establishing the Father as the child's legal Father), you would have to provide notice to the Father of where you are going and provide him an itinerary and emergency contact information. You do not have to have his permission, though.
I would like to visit canada... i had entered the us on vistors visa in 1999 and since then have been on H4 to F1 to H1 B.... i am currently in my 5th year of H1B and wanted to see since i have never left the US can i still visit Canda without the visa or stamping for just 12 days... if yes then what type of documentation would i need to enter in Canada and then re enter the US...thanks
If you have never been issued an H-1B visa by the U.S. Consulate, then you cannot depart the U.S. & re-enter without it.
Unfortunately, the U.S. Consulate in Canada will not issue an H-1B visa to a third country national who has not already had at least one H-1B visa issued by the U.S. Consulate in his home country.
You would have to apply for the H-1B visa at the U.S. Consulate in your home country first, then re-enter the U.S., then go to Canada. If you don't, the U.S. will not re-admit you with just an I-129 approval notice.
ii don't know where to start.to make the story short...me my sister and my boyfriend went to sign temporary custody over.. I'm 17. I did something and it was stupid...when all the stuff was over with me..and ii got out of the mess ii got in...we were gonna go back and get custody signed back over to me...since it's all been over she's been trying to control when ii can see my daughter..when ii can come see her and it's a problem if ii try.recently ii went to Chicago to visit family and it was her plan to try and keep me there...trying to take my daughter away...ii went to court..to try and get custody back..they said they would contact me in a week but she refused to give me my mail and told the lady at the post office not to give it to me...now I'm back in Massachusetts trying to see my daughter... she's saying that ii can't come there and see her because she supposedly gave guardian ship back to my mother im Chicago and trying to tell me that she has perminate custody.. ii can't go there either..the barre cops aren't doing anything about it..and plus the cop that came was a friend..so isn't that conflict of interest? Isn't that illegal? I'm 17.shes trying to take my daughter away by lying..can ii please have some feedback? She also gets my social security...and uses it for her...and now she's trying to kick me out..take my money...and not let me see my daughter...and she has no proof that I'm unfit.because ii am.its more too it.ii need a lawyer.
My opinion is that you should do a consultation with a reputable local family law attorney. I don't think this is a good forum to get an assessment on an issue of this complexity.
If a management company sends my company checks with my company name and address by mistake, do I have to pay it back?
Your question is confusing. Do you mean you deposited someone else's check in your account by mistake?
Can my car be searched if I have no valid license
If you are arrested yes, the inside of your car not the trunk, but it depends also on some factors. First, is why they have stopped you, because they must have had probable cause to stop you to begin with. They can also search if from their communication with you and if from looking from outside they see things that are in plain view. Also, sometimes the officers will ask you if you have anything illegal, you may say no, after which they may say " do you mind if I take a look?" If you say no. You just gave them your consent to search.
There are many situations and the search and seizure field is very complicated and there are also many exceptions to the rules.
If something was seized from you that may incriminate you for another crime you should contact a lawyer immediately as you may prevent that item to be admitted as a fruit of an illegal stop, search, seizure. Do not delay.
Sincerely yours,
Daniel Lenghea
For simply not having a valid license the answer would be no. If you are placed under arrest for driving it without a valid DL they can perform a limited search incident to arrest or they can do a search if the vehicle is impounded.
My landlord owns both the house we live in, and the large house next to us in close proximity & which shares an easement driveway. He decided to repaint the house, much of it with a sprayer.
My significant other who shares the lease with me is highly allergic to latex, once hospitalized with analphylactic shock from exposure. She is also asthmatic, which flares up from VOC exposure. So, his actions on the property next door are endangering my S.O.'s health unless she frequently leaves the property and revises her plans.
I learned from his painter that he will be exterior painting from now probably into November. While we are comfortable with this inconvenience and concern for a week or two and have endured such projects before without complaint when they give us sufficient notice of painting days, this is so extended a project that it is a huge inconvenience and stress. My S.O. has already made arrangements to be away next week when she would much rather enjoy the property.
I have written the landlord a polite letter informing him of her problem, letting him know we will do what we can to try to work with the scheduling, but asking him to try to work with us as well. I was informed today by the painter that the landlord's response he was very annoyed by me and told the painter to "Do whatever the f$#% you want." It appears he is not in a cooperative mood and sees us as an imposition on him, without seeing the other side of it and how much it is affecting our tenancy.
I am having a long-awaited hip replacement surgery on Nov. 5th, and my S.O. will need to here - in the home we are paying rent on - while I need help recouperating. The painter informed me we'd just have to deal on our own him painting that week if he needs to.
Do we have any legal rights to limit his schedule and/or a legal right to reimbursements on rent for loss of peaceful enjoyment of the property, especially because it is his house next door and not ours getting worked on? What might be suggested as how I might deal with him if he continues to be cantankerous?
He is an MD, and should be somewhat sympathetic to such matters. I am doing my best not to be a 'complainer', but the imposition is bad. I hope to have the option to renew our lease next May 20th, so are doing our best to play a balancing act. I also had a heart attack last June, so this stress is not good for me.
A month to paint a house sounds a bit over the top. I've painted fairly large houses myself with a sprayer in a day.
Painting in Santa Cruz in late October with latex paint also sounds like a recipe for disaster. It is time for you to consider how much you really want to keep renting the house from this guy.
I MA, does a will take precedence over an irrevocable trust? or would trust be satisfied first, then "will" beneficiaries?
A Will only deals with property not in a trust or which was not jointly owned or in the case of life insurance which has no beneficiary.
If an irrevocable or revocable trust was not funded, then the Will will dictate how assets are distributed. If the trusts were funded then those assets in the trust will be distributed in accordance with the terms of the trust.
Put more simply, the Will deals only with assets that are not put in the irrevocable trust.
Whatever assets are in the Trust will be governed by the terms of the Trust. Whatever assets are not in the Trust and are not otherwise accounted for (whether by joint ownership or by having named beneficiaries) are considered probate assets and will be addressed by the terms of the Will. The Will may provide that probate assets would go to the Trust.
How do I move out without affecting my credit. I just rec'd a letter stating an unlawful detainer was filed against me. It says I will receive papers in a few days. It says that if I don't respond and move out it may hurt my credit. It says in some case you can respond without hurting your credit. How do I move out without this affecting my credit. I'm about 2 days away from being totally out. I've been moving stuff out everyday. What if I'm out and never get served?
I suggest you finish moving out, but keep an eye out for service of the summons and unlawful detainer complaint. You have five (5) days to respond once you have been served. If you are moved out by then, you can point out in your answer that possession of the premises is no longer an issue and the court can convert the case to a regular civil case over any dispute in the amount of rent owed.
You might -- at some risk -- call the lawyer for the landlord and say you'll move out by xx date. Can we sign an agreement that says the landlord will dismiss the case if I move, and the unlawful detainer file will be permanently masked so that it won't be available for anyone else to see? The landlord might require you to pay some of the back rent, but not all of them will do that, as they might be grateful to avoid the hassle of having to go to court.
I am looking for some advice. I will get right to the point. I am currently on probation from a bad check issue dated back to 2009. apparently I just found out today that my picture was on OTIS and I have this guy emailing people stating "do you know this guy" when you open the email it takes them right to my picture that is on file. Also this individual has told several people that I'm on parole when I'm not.. people that are on parole have been to prison.. That is not my case. Since the time that I have been convicted and placed on probation I have kept my nose clean and trying my best to get by in the world of trades. This guy is not only hurting my replication but is putting a strain on my relationship and my family. Is there anything I can do? Thanks for taking the time to read. .
You would probably need to threaten him to stop by a well written attorney letter then sue if he won't stop. It's a tricky area, but I believe case law would support your position.
Roommate on lease not paying rent. Can I move his stuff to garage and move someone into his old room ? Travis County, Texas
One of my roommates is not paying rent. He is on the lease. This is an apartment complex and I do not own the property. We have a garage. Can I move his stuff out of his old room and into the garage? He has stuff in the garage already. Can I then move someone else into that room?
You are each responsible for the rent. The landlord has the right to evict you and move your stuff if you do not pay rent. The landlord can then re-let the premises. It appears that you are not your roommate's landlord.
If your roommate is still living there, you can't touch his property. You need to sue your roommate for the amount due.
Another option is to see if you can terminate the lease and move to another apartment.
I signed a lease for an apartment in TX and moved in last weekend. The lease clearly states that there was a $0.00 security depsoit. Now the leasing agent has contacted me stating that she made a mistake and wants me to pay $455 deposit. Am i leagally obligated to pay this?
No. Just say "no." In fact, make a copy of your lease, and if the landlord asks you for a security deposit, hand him a copy of the lease.
My Father's bank accounts were "payable" to myself when he passed. My 2 brothers think they should receive a third of the money. One is threatening to take me to court. I gave them both $20,000 out of $110,000. Can he do this?
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Unfortunately, it happens often when one child receives money from a parent outside of probate the other siblings will bring an action to receive a portion of that money. You will just need to retain an attorney of your own if that happens. I cannot advise you further without knowing any further details of this case. If you would like to discuss further, I would be happy to. You can call my office at 216-224-8034 or email me at [email protected]/* */
Hello. My aging father has been separated for 27 years from my mother. They are in the middle of a divorce, one that started about 4 years ago. It seems they will never agree and it will just drag out til one of them passes away.
My father, a well of man, is not very good at protecting and safeguarding his assets. I am 40 and I already made a will for my 3 year old son. My father doesn't work like that, unfortunately.
He said that he and my mother (through their attorneys) recently created a "void of..." something or another, which prevents the other from inheriting the other's assets should one pass away. He also said that he went to the bank and "willed" his accounts to me. But he hasn't done anything with his 8 properties, of which he currently co-owns with my mother. Can I will his half of the properties to me, should he perish before my mother does?
AND does a will have to be "official", or can he write one out, sign it, hand it to me w/out using an attorney or any other public official? I just have no clue how these things work and he asked me to find out for him. I know he should've done this, and done it years ago, but I cannot control his irresponsible ways.
Any help/advice would be much appreciate.
Thanks,
J
First of all, your father should be encouraged to consult with a qualified estate planning attorney in your area. Hopefully the divorce will be completed but if it is not and your father dies first, all of the properties could go to your mother, depending on how title is held. Even if they don't, transferring title to you will require his estate to be probated, which will cost tens of thousands of dollars in attorneys fees. To avoid the time and cost of probate, he should consider a trust, which he will need an attorney to assist.
Now, to answer your question specifically, if he refuses to speak to an attorney, he can handwrite a will, date it and sign it. It must be in his handwriting. This will not avoid probate.
Good luck.
I agree with Scotts advice. Your father can also use the California Statutory Will form that is on the State Bar web site. This and the hand written will are really "stop gap" tools, and the family will pay dearly for leaving assets to go through probate. You are not able to do a testamentary document for your father, he must do it.
The right thing to do is to engage an effective estate planning attorney to go over what he wants, either in the case of death or incapacity. This is not a horrible experience. You are hiring someone to make sure your wishes are respected and that things go smoothly with minimun disruption. I suspect he would be quite upset if his wishes were not respected, and the only way to assur they are correctly respected is to have him make the decisions and to implement them.
Good luck in your efforts to assist him in getting proper planning done.
If a judge says he is releasing you with time served and extended probation is it legal for the probation officer to come to the jail as you are being released and say she is keeping you in jail even though the judge said you could go home.
Sure, depending on what you left out (the reason for it, which I assume was a violation of probation).
I am currently going through a divorce right now, and I have a major problem with my housing situation right now. My wife and I moved to Orlando, and she asked her parents if they were interested in buying a condo here so that me and her could have a place to continue our school. The reason why this was asked is because they have bought several condos and rented them out. They bought the place outright, and my wife and I put our names on the lease. However now that we are getting a divorce, her parents told me this month that I have till the end of April to stay. I am looking for a new apartment right now, but they are very expensive. I am a student at UCF and I have no job and family here in the states to help me out. Can they just kick me out at the end of April or is there something i can do?
Your written lease agreement controls. Your questions implies that there is one. Have an attorney review the actual written lease to see what your rights are in this situation.
I am a landlord in NJ. Can I cancel a lease with tenants that I are constantly missing months and paying late? I can't afford to keep paying a lawyer to go to court for them to come up with the back money. Also, can I refuse to take owed money and just evict them?
Yes, you can but you must comply with the notice requirements of NJSA 2A:18-61.2 and common law.
You can if you comply with all of the notice and other requirements of the NJ Anti-Eviction statute with which you should become thoroughly familiar if you intend to represent yourself. In this case, you must have given the tenants prior written notice that they are subject to eviction for habitual late payment of rent which might lead to their eviction. You must then give the tenant sufficient time to change that behavior. Lacking proper notice, the court will simply treat a complaint as one for non-payment that the tenant can cure.
Once or twice a year, I teach a course at Camden County College on Landlord/Tenant law. You might keep your eye out for it under the "Small Business Institute" heading.
See also: http://info.corbettlaw.net/lawguru.htm
If you're legally drunk, you can't legally consent to sex, right? But what happens if the sober person is trying not to have sex, but the drunk person is persistent to the point of undressing you and being a little demanding, and it happens anyway? Which person is culpable for date rape--the sober or the drunk? Especially if it's not clear that the person who has been drinking is, in fact, drunk.
You are over-simplifying the legal issues here. First, the level of intoxication that makes it illegal to drive a vehicle (being 'visibly impaired' or 'under the influence' or having 0.08% or more blood-alcohol level) is NOT the same as the level of intoxication that deprives a person of the free-will to consent to have sex or that renders a suspect incapable of entertaining a specific intent required for a certain crime. Those consent/intent issues don't have a specific blood-alcohol level ... but are in reality a much higher degree of intoxication than the threshold level that for illegally unsafe driving on open roads. Second, "date rape" is not a specific type of criminal sexual offense charge, and is not an element in a CSC. It is a colloquial term. Third, whenever the issue of consent is reviewed by police, prosecutors, defense attorneys and ultimately juries, the whole picture (totality of the circumstances) has to be evaluated. This includes the level of sobriety of everyone (suspect, victim, witnesses), because intoxication can affect observation and memory. So it all gets weighed. In the sketchy facts you gave us, if the suspect/defendant is intoxicated and the victim/complainant is sober, then intoxication isn't an issue unless the crime is a specific intent crime and the jury says that the voluntary intoxication was so high as to deprive the person of the ability to form that intent. (This is all fact-driven in each case.) The sober-versus-drunk scenario you stated doesn't tell anyone who is "culpable" in and of itself. An intoxicated person can commit CSC on a sober person, and vice-versa. And if a victim has been drinking, that doesn't give someone a free ticket to commit a sex act -- this boorish attitude would essentially say to a victim that they 'got what they deserved' or that 'if you get drunk, it's a free-for-all'. Thankfully, our society's lawmakers don't think like that. But the victim's intoxication can factor in on whether the person did or did not consent because the jury has to decide whether the victim accurately recalls events. There are also cases where a victim is SO intoxicated that he/she is legally incapacitated (e.g., "passed-out drunk"), and someone taking advantage of that incapacitation can be charged on that theory alone.
My boyfriend received a ticket several months ago, which he promptly forgot about and did not pay. He was then pulled over again for speeding, at which time he was informed he had a suspended license for not taking care of the previous ticket, and was then at that time also ticketed for driving under suspension. He went online and paid all the tickets and fines, but was unsure if he license had been reinstated. Being lazy, he did not follow through to assure all was in order. (sadly, this is a 50 year old professional man.)
Last week, he was pulled over again after they did a plate check and it showed he was still suspended. He received another ticket for driving under suspension and a court date. This is where I stepped in to try to figure out the mess.
I checked his driving record, and it is now showing he is not eligible for licence renewal as he was "convicted" for driving under suspension which carries a mandatory two year suspension, but he is eligible to apply for an Occupational License. I assuming assuming when he paid the tickets and fines, it was essentially the same as pleading No Contest.
The court date for the second driving under suspension charge is upcoming and the question is this: Does he have any recourse for having the charges removed and reinstating his regular license at this time or will the mandatory two year suspension stick? Would hiring an attorney have any effect on the outcome?
Hiring a lawyer always helps. At the very least you can get an occupational drivers license.
In making an online will, How does a widow of many years answer the question married or single? She has adult children and has never remarried after her husbands death.
You shouldn't make an online Will. You have no idea if that company that you found online is using a standard form for the whole country, or whether its state specific. Each state has different requirements to make a Will valid.
Contact a local estate attorney to draft a Will for you. Yes, it will probably cost $250 or so, but at least you know it will be valid.
I really agree with Attorney Artim. Wills are not expensive. Go to a real attorney and do not make an online will.
Some wills like through Legal Zoom or Rocket Lawyer have errors in them and are not state specific and PA has some very specific requirements for validity and you run the risk of messing things up by doing this online and leaving your loved ones a legal mess which is going to cost far more to sort out than you would spend on a lawyer and having this done right.
In answer to your question the woman is single not married. She has no living husband. If this were a questionnaire from a lawyer (I use this in my own practice) I have a space for a person to indicate if their spouse is deceased or if they are divorced. I can't answer for what you are doing but if you are not married with a living spouse then you are single unless there is a specific box for a notation that you are a widow.
Does anyone know if candida raises the BAC??
Yes. No it doesn't.
Can a landlord put a lock on meter box outside when the electricity is in my name
The box is likely the property of the utility company. Check with them on who can install locks.
If you buy a foreclosure/home at an auction, would new owner be responsible for any mortgage liens or IRS property tax liens dated back to 1985?
If the foreclosure was of a first deed of trust, meaning the deed of trust most senior, then all liens of subsequent deeds of trust were wiped out and do not follow the foreclosure sale. California law provides for mortgages, but no one in the state uses them anymore.
Tax liens do not get wiped out by a foreclosure.
You are not
To amplify upon Mr. Roach's answer a bit. First, as to "mortgages." While true mortgages, as used in other states, are rarely used in California, we often use the term "mortgage" to refer to a home loan that is actually a promissory note secured by a deed of trust. A note secured by a deed of trust is by far the commonest method of financing residential purchases in California. Next, your question asks about "IRS property tax liens." I think this may be a concatenation of two concepts ..... an IRS lien and a property tax lien. The IRS does not collect property taxes and hence there is no such thing as an IRS property tax lien.
Let me try to simplify the previous answers. First off, Selik's broad answer is simply wrong. Tax liens, senior debt, and some other kinds of senior encumbrances survive foreclosures. Second, although Whipple is technically correct that the IRS would never have a property tax lien, that is irrelevant, since the IRS DOES place income and other tax liens on properties. It makes no difference to your question what the tax is for. Lastly, it makes no difference if we are talking a mortgage or deed of trust.
Now having gotten rid of what doesn't matter, here's what does.
First, tax liens survive foreclosure. They never go stale. Doesn't matter how old they are. Doesn't matter if it's the IRS, the FTB, the County Assessor, or the Dog Catcher's special assessment. So every subsequent owner is encumbered by them until they are paid off.
Mortgage liens, Deeds of Trust, judgment liens, and pretty much any other private lien survives or is wiped out based on order of recording. For there to be a foreclosure, the lien that is foreclosed must have been recorded at some time in the past. Other liens may be recorded before or after. So suppose Joe Homeowner takes out a loan to buy his house, secured by a deed of trust (what most people call a mortgage). Five years later he takes out a home equity line of credit and does a major remodel. Five years after that, he and his business partner have a falling out, his partner sues him and gets a judgment. Partner's lawyer records an abstract of judgment, also known as a judgement lien. Then we have a foreclosure, but on which lien?
If the foreclosure is on the judgment lien, the buyer at the foreclosure sale gets the property subject to both the original loan and the HELOC lien. If the foreclosure is on the original purchase loan, the two later liens are wiped out and the buyer at the foreclosure gets title clear of any liens except tax liens if any. As you may by now have guessed, if it is the HELOC lender who forecloses, the buyer at the auction gets the property clear of the judgment lien, but subject to the original purchase loan.
So, the only way you can tell what liens the new owner would be responsible for, is to find out if they are tax liens or private liens, and when the private lien was recorded relative to the lien being foreclosed on. One other thing you should know about old liens - if they secured a loan, the statute of limitations is 4 years, BUT the power of sale under a mortgage or deed of trust NEVER expires. The statute of limitations only applies to court actions. The lender could still foreclose on any lien that survived the foreclosure.
