If I have a divorce decree that states " this maintenance obligation shall be non modifiable in terms of amount and duration, except that th...

Question

If I have a divorce decree that states " this maintenance obligation shall be non modifiable in terms of amount and duration, except that this maintenance obligation shall terminate upon the death of either party" , does my ex have to pay the full amount even though I remarried? This is a Washington state, king county decree.

Answer

The general assumption is that maintenance terminates upon remarriage of the the spouse/ former spouse receiving maintenance unless specifically excluded. I would want to look at the entire paragraph that defines the maintenance obligation. This wording creates a serious ambiguity, and may support termination of the maintenance obligation. I'd recommend that you get a formal review of your decree on this issue.

I dont know how to direct this question. My friend was a truck driver he was on the road with a team driver when he had a stroke . The other...

Question

I dont know how to direct this question. My friend was a truck driver he was on the road with a team driver when he had a stroke . The other driver did not right away take him to an ER he continued to drive to his destination which cause him to go into a coma and suffer a second stroke. He has been in the hospital in NY since about January .He has not heard from the company nor has he received any compensation or his pay check. He would like to know if he has a case against the trucking company ,since it was their employee that failed to call 911 or take him to the nearest ER . My friend Is paralyzed on the right side .

Answer

I believe that your friend may have a cause of action (right to file suit). Please have him or a family member contact me directly. I will be happy to offer a free telephone consultation, and a free in office consultation if possible. It is crucial to act promptly!

how long can a lawyer have to file for a jury trial

Question

how long can a lawyer have to file for a jury trial

Answer

In what situation? There is generally a docket control that cover most everything.

Is angels and demons on pay per view or on demand?

Is angels and demons on pay per view or on demand?
It was on PPV a little while ago. I think you missed it. It's out on DVD though.

What happened to Jeremy on iCarly?

What happened to Jeremy on iCarly?
He died. Sorry:/.

My maternal grandparents owned 80 some acres of land. My mother, father, I and 2 siblings moved onto the property in 1991. We put a well and...

Question

My maternal grandparents owned 80 some acres of land. My mother, father, I and 2 siblings moved onto the property in 1991. We put a well and septic and a mobile home in. Several other families live there also. When my grandparents died, the will states it is to be left to heirs. My mother is deceased now also and I had continued to live there and pay shares of the taxes till November 2013. Now we were fixing my mobile home for my sister to move into it. 2 of my uncles were named executors I would guess 12-15 years ago. They have never done anything as far as inheritance tax or anything like that. They have just "ruled" over everything. Now because of a dispute with another grandchild that lives there, they are stating my sister cannot move into my mobile home. Is this correct?? Can they legally do this??

Answer

You don't need speculation. Hire a local attorney to advise you and review the documents.

Answer

The short answer is no. The long answer is the executors thought it in the best interests no to probate the estate. Saves on lawyers, filing fees taxes and as you say they get to rule. Add to that all the various other families that lived there I see a pile of title issues as well.

You will have to have the will probated and followed. That will cost $$ in taxes, filing fees, legal fees. However, if you don't the title will never clear.

John

Answer

There are lots of issues here. You will need to go and see a probate lawyer who practices in the county where the land is located since that is probably where your grandparents and mother lived at the time of their deaths.

You will need to know who died first and when and whether they had a will.

After this much time, a will might not have to be probated, but inheritance taxes are going to have to be paid. If the grandparents left the property to their "heirs" then the heirs would be the surviving spouse and children. If any of your grandparents' children died before your grandparents, then heirs would include grandchildren. If your mother or other children died after your grandparents, then your mother's share of the property would pass as per your mother's will, if any. If none, then her share would pass to her husband and children under the intestacy laws.

The other problem is that if your grandparents just left the entire 80 acres to their "heirs" then the heirs would all own the property. If this includes grandchildren, it becomes a nightmare for this many people to own land. Disagreements arise as you have found out.

If the land is owned by all of you then your uncle cannot keep out your sister. It would be better if the land could be subdivided among all the heirs or those who want the land can buy out the share of those who don't. Either way, you are going to need to see a probate lawyer (if anything needs probated) or a real estate lawyer.

And how were your uncles named? An executor is not in charge just by being named in a will absent a probate petition being filed. Your uncles were only allowed to rule because the other siblings let them. If the uncles did not probate an estate the other siblings could have compelled the uncles to file wills and if the uncles did not wish to serve then the court would appoint a new administrator if no successor was named in the will.

I have been adjudicated guilty of a misdemeanor petit theft in Florida when i was eighteenand i am now twenty two. How can i get this expung...

Question

I have been adjudicated guilty of a misdemeanor petit theft in Florida when i was eighteenand i am now twenty two. How can i get this expunged or sealed what are my options?

Thanks, Justin

Answer

Unfortunately you can't get this expunged or sealed. A case is not eligible for sealing or expunction if it was adjudicated guilty.You can always try to obtain a pardon or clemency from the governor's office but that is very rare. Likewise, if there is a legal basis you can try to vacate your sentence with the original court.

We lived in our 2nd floor apartment for 11 years. It was not until October 2013, where everyone, including the 1st floor and basement tenant...

Question

We lived in our 2nd floor apartment for 11 years. It was not until October 2013, where everyone, including the 1st floor and basement tenants also families who lived here in the past, received letters from Kings County Supreme Court stating we are in danger of losing our home and they were trying to foreclose a mortgage. The landlord had "20 days" to respond to this letter or he could lose the house. For years, we heard the landlord was in jeopardy of losing this house but still we continued to pay rent up until October 2013 when we received this letter that confirmed all the speculations we had. So we basically told him, we don't want to hold the rent, BUT, we also cannot pay him without proper documentation that he is in fact keeping the house. Whether it was right or wrong to do that, he accepted it. He didn't collect Octobers rent. In the beginning of November, he contacts us again, asking if we were going to pay rent. We answered, as soon as you show us proof you actually made an attempt to fix this problem with Kings County court, we will be more then happy to give you October's AND November's rent. He told us I guess I have no choice but to start the eviction process. And we kindly told him, "do what you have to do". Monday, December 2nd, a man knocks on our door stating he is the new landlord. Rude man who doesn't even properly introduce himself, just gave us a business card and letter stating the property was sold and the deed was transferred on Nobember 15th, 2013. He also said he was there to collect rent from October, November, and December. My question is, is he entitled to October and November rent? If the deed was transferred to him November 15, we was never notified by our former landlord nor our new landlord until Dec 2nd. During October and November we basically had no landlord. We had no heat until the week of thanksgiving, forcing us to use 3 different electric heaters. Our hot water would waste in 5 minutes. We actually had to renovate our own kitchen before thanksgiving because the landlord did not keep up his agreement in fixing our kitchen. There are many things that were suppose to be fixed, some we did ourselves, with our own money and labor. The new landlord seen in the bathroom there was a little water leaking, and instead of saying we need to get this fixed, he said if the water bill is too high, were going to have a problem. I'm not sure what should we do? If we should hire a lawyer or go to court. Is he entitled to October and November rent? What could we do about the "fixes" the old landlord was suppose to make? Any information would greatly be appreciated.

Answer

If you were not named as a defendant in the lawsuit and served, then the sale was subject to your lease.

You probably have no recourse on the kitchen repairs, but your lawyer will try to beat them up with that issue. More importantly, have you been renewing the lease? Are you rent-stabilized? The lack of hot water is a rent=impairing violation. Call 311, ask for the building department, and request an inspection for all of the work done without a permit (don't mention that you did the work) as well as the lack of hot water. And how's the heat? Feel free to call me at 516-242-1453.

How much education do you need to become a Cosmetologist?

How much education do you need to become a Cosmetologist?
alot

I think I am being set up at work for a large inventory loss I have had some serious harassment issues lately and I think a coworker was rec...

Question

I think I am being set up at work for a large inventory loss I have had some serious harassment issues lately and I think a coworker was recording me giving him a part for personnel use. turn in a payroll deduction but my supervisor is making me go to HR because of the harrasment issues are with the owners son I am afraid they are going to try to pin all the inventory loss from all the things that go out when am not there I am so distraught between the two issues I have not eatin or slept for days cannot work stress level so high all I can do is cry

Answer

Since your post doesn't include punctuation, I'll try to make sense of it. If you're afraid that you're going to be charged then I suggest you contact a local attorney and hire them to protect you in case you get charged.

Is it a good idea to buy a 1 year old goped super bigfoot on eBay for 180 dollars?

Is it a good idea to buy a 1 year old goped super bigfoot on eBay for 180 dollars?
No because it is expensive.

Hi,I have a question in regards to FLMA/ADA discrimination. At the end of August last year I needed to take intermittent FMLA due to my son ...

Question

Hi,

I have a question in regards to FLMA/ADA discrimination. At the end of August last year I needed to take intermittent FMLA due to my son being hospitalized due to anxiety, and depression caused by him transition to high school. He is disabled and suffers from mental illness and autism. The organization granted me FMLA, however there was no reduction in my work load due to my need to take time off. At the end of the year they cited me for not completing one of my goals to fully train another staff member, and I was rated a low value performer. I was also told I was being place on a PIP at the time of my review in February of this year. I was still on FMLA. I also was changed from a salary employee to an hourly employee. My job title also was changed and I no longer had anyone reporting to me. They also removed my work from home option a few times a month in October 2012. I asked for them to reinstate that accommodation

because I needed that option to be able to take my son to doctor appointments without having to miss a 1/2 days work. I work an hour from the office and would have to leave at 1 to make a 4 appointment that was 45 minutest from my home. They refused to continue to make this accommodation for me, and did not give me a reason as to why it was denied. The accommodation was reasonable, since I work a job that I have very little interaction with others and is primarily working on spreadsheets. This privilege is given to many others at the company as well. When I was placed on a 90 day PIP I was scared to take any time off under FMLA due to being able to not accomplish the PIP. I did pass the PIP, but they had a stipulation that if I had any performance issues in the next two years I would be terminated. At the end of July the other person that worked in my department went on maternity leave. I was provided with someone to help only part-time, and was allowed no overtime unless it was requested by my supervisor. I was fired a few days ago for errors on a regulatory report that I did not complete, but only reviewed. The only error I made was to fail to catch the errors the other person made. No action was taken on the person who completed the report. I was offered a modest severance package to waive my right to litigate. After reading the ADA law I believe they did not make appropriate accommodations to allow me to care for my disabled son by not allowing me to work from home or offer another alternative. Should I file a complaint with the EEOC or take the severance? I was so scared to take any time off, so I neglected to take my son to needed doctor appointments and evaluations. I have gone on medication for extreme anxiety and depression. I am a single mother with no close relatives that I could ask for help, which my employer was aware of.

Answer

Do yourself and your family a favor by contacting a qualified employment attorney. Many of us will provide a consultation at no cost.

Is it normal for a person out. On bail in Midland Tx to pay $350 a month for an ankle bracelet ?

Question

Is it normal for a person out. On bail in Midland Tx to pay $350 a month for an ankle bracelet ?

Answer

Yes, it's normal.

Are we violating California Department of Real Estate guidelines if we consult business buyers and sellers only on the process and not negot...

Question

Are we violating California Department of Real Estate guidelines if we consult business buyers and sellers only on the process and not negotiating, terms, offers, showing businesses? We will only focus on the steps involved in the process such as due diligence, how to properly give a tour, preparing the business for a sale. We have independent attorneys and accountant that will handle negotiations, terms, financial review, valuations, etc.

Answer

That's great if you are a licensed attorney. If not, it sounds like you are giving legal advice and practicing real estate without a license.

How do tires make a car go forward?

How do tires make a car go forward?
By providing friction against the ground

How can I get a judgement removed from my credit report when the judgement's statue of limitations has run out. This is in the state of Ariz...

Question

How can I get a judgement removed from my credit report when the judgement's statue of limitations has run out. This is in the state of Arizona.

Answer

You are not alone in misunderstanding the difference between an uncollectible debt and a debt that has gone away. You didn't pay the judgment, it shows as an unpaid judgment on your credit. You don't get to have it erased just because it can no longer be collected. If you don't pay a debt, that is validly reported on your credit report indefinitely.

Furthermore, judgments don't HAVE statutes of limitations. The statutes of limitations apply to STARTING the lawsuit. If the lawsuit is started before the limitations period lapses, the statute of limitations has been satisfied and is no longer of any relevance.

Answer

I found an article that might be helpful to you: http://www.guywbluff.com/areas-of-practice/collections/arizona-judgments-expiration-practice-and-procedure-for-renewal

My Foreclosure Case was filed in Manatee County Florida Dec 2007 dismissed closed for lack of prosecution Jun 2010. Can I sell my house ...

Question

My Foreclosure Case was filed in Manatee County Florida Dec 2007 & dismissed & closed for lack of prosecution Jun 2010. Can I sell my house in 2014?

******

Case Dismissed Foreclosure Home Foreclosure Mortgage Foreclosure Real Estate

Today is 011214. Can I sell my SFR property where Deed belong to my LLC and I am the manager? Bank filed foreclosure case on Dec 2007. Case was dismissed & closed for lack of prosecution on Jun 2010. Law Firm Marshall Watson represented Bank in this case. What has to be done to give me chance to sell this house? How long it can take before I can start selling process? How much it can cost to be in a position to sell this house as normal transaction? If experienced in this matter attorney can help me , it would be very nice... . I am ready to start the "cleaning" process right away. Thank you for your answers and your help to my family and thousands other families who still trying to save their homes.

Answer

Although the case was dismissed, the bank's lien may still show recorded on the home. This means if you try to sell now, a title company will want to satisfy the lien. You will need to proceed with a quiet title action to try and remove the bank's lien if you want to sell the home free and clear. Time and cost depends on bank's willingness to contest your quiet title action.

Answer

You can try to sell at any time. You still have title to the property. However, any buyer would take subject to the mortgage. To give you reasonable advice, I would need more information. For example, if the property is "upside down" you may want to consider a short sale.

In Florida, the bank's lien is its mortgage and it will still show up in the public records. Dismissal for lack of prosecution is without prejudice. That means the bank can again file a new foreclosure action. I doubt a title insurer would insure based on a default judgment of quiet title because it would be highly suspect. The bank has a legal right to choose when it wishes to foreclose.

You should consult with an attorney familiar with real estate law, specifically mortgage foreclosure and title, who can take the time to give you a realistic assessment of your options.

your license registrations and does a cop have to get your liscence regristration and insurance before he tells you to step out of your car ...

Question

your license registrations and does a cop have to get your liscence regristration and insurance before he tells you to step out of your car and perform a field sobriety test?

Answer

Since your registration and insurance information is kept INSIDE the car (e.g. glove compartment), it wouldn't make any sense to ask for them once you were OUTSIDE the vehicle.

Capiche?

Answer

I agree that it makes sense to receive the registration and insurance prior to exiting the vehicle, but is an officer required to do so? No. Would the officer's failure to do so invalidate the sobriety tests or drunk driving arrest? No.

However, the reasoning of the stop itself could be an issue. If you have been charged with drunk driving, then have your case reviewed by a criminal defense attorney. Many of us will offer free consultations. Good luck.

If I have completed my deferred probation for a felony can I get a fire arm in the state of Texas

Question

If I have completed my deferred probation for a felony can I get a fire arm in the state of Texas

Answer

You should contact an attorney in your area. This is a complex issue and is beyond the scope of a short answer

I have a mother that is about to be placed into hospice. I also have a brother that has just changed her will and made himself executor. Is ...

Question

I have a mother that is about to be placed into hospice. I also have a brother that has just changed her will and made himself executor. Is this allowed?

Answer

Your mother controls who is the personal representative in her Will. If she signed it and all legal formalities were followed, then it is allowed.

Answer

If she executed it voluntarily, with no undue duress, yes .

Answer

You can challenge if mother was incompetent or unduly influenced.

I went drinking with some friends and got drunk. When I woke up the next morning, I assumed I left my motorcycle at the bar. I filed a polic...

Question

I went drinking with some friends and got drunk. When I woke up the next morning, I assumed I left my motorcycle at the bar. I filed a police report and contacted my insurance to begin the claim. As I was gathering info for the claim, another friend called and asked when I was going to pick up the motorcycle I left at his house. Apparently, I left it at his house and we all drove to the bar together. I drank too much and forgot. Will I get in trouble for filing a false police report or starting the claim process?

Answer

No, but report you have it.

Which film industry is the largest?

Which film industry is the largest?
offcourse India because they have more people and they have more support than hollowood does.

How many animations has Hollywood produced?

How many animations has Hollywood produced?
Over 500 i can tell you that

What happens if I don't go to civil court for a credit card debt of 1100$

Question

What happens if I don't go to civil court for a credit card debt of 1100$

Answer

You'll get a judgment against you for $1100. This means the credit card company can get the sheriff to come to your home and take your belongings and sell them at Sheriff's sale til they got yhe $1100. The smarter thing to do is to go to court and work out a payment schedule with the credit card companies lawyer. On an 1100 debt they'd probably take $35 to $50 a month.

My ex and I were never married, we have 3 children together, and he is not letting me see them or speak to them. Christmas has come and gone...

Question

My ex and I were never married, we have 3 children together, and he is not letting me see them or speak to them. Christmas has come and gone and I still have not seen or spoken with them. There is no paternity established, and no custody order in place by the courts. He has changed his phone number and I have no way to contact them. I've filed a Writ of Habeus Corpus, and Paternity petitions have been filed with the court (next court date Jan 22). He produced the children when we showed up at court for the Writ, and everything i've been told was that the children should have been returned to me on that day, but all the judge said was that the court was satisfied that the children were produced, and the judges lawyer (outside of the court room might I add) basically told him that he can do whatever he wants, her exact words were, "Dad, this is Mom, you can't keep your kids from seeing their mother...but Mom, if he doesn't feel as though the kids are safe, then that's how he feels." and what she should have told him was that yes he can't keep them from seeing me, and that if he feels they are unsafe in my care or at my house to file a cps report (which would be unfounded) But like I said, paternity has not been established yet, so to my knowledge, the children legally should be with me. What can I do?

-at the end of the rope

Answer

The problem occurred because you did not have an attorney who knew the law AND could argue before the court. Hiring an attorney does not guarantee success. However, it could prepare you to present the case, file motions, and argue the law.

Also licensed in New York.

Is there any way my soon-to-be ex-wife and I can file as single with the IRS for 2014?We just had our divorce trial in front of the judge in...

Question

Is there any way my soon-to-be ex-wife and I can file as single with the IRS for 2014?

We just had our divorce trial in front of the judge in Massachusetts on Friday (Sept 5th). I was expecting the 90 day waiting period I had read about, but it turns out there is also a 30 day court filing time, making the total 120 days, bringing the final divorce decree to January 3rd 2015, 3 days too late for IRS purposes.

We fall into the category of people who have a major and significant "marriage penalty" often discussed in IRS circles. Between the costs of maintaining separate households and the "marriage penalty" the result may wind up being financial ruin or bankruptcy for both of us if forced to file jointly or married filing separately.

Most people seem to want to do the opposite (continue filing jointly), so I have not found any guidance on this topic online.

I have read that the IRS will accept a "legal separation". Massachusetts does not have "legal separation", but does have "separation agreements" which were signed and filed with the court in January. Would the IRS accept this?

Answer

Have your attorneys request an earlier final divorce decree date.

I am a 17 year old female in the state of Missouri. I know that I am emancipated in this state, and it's been about a year and a half since ...

Question

I am a 17 year old female in the state of Missouri. I know that I am emancipated in this state, and it's been about a year and a half since I last lived with my parents. I lived with them on and off since I was 12. My question is: can I legally move to Colorado to stay with a friend?

Answer

Yes, if you are truly emancipated and self supporting

In a Divorce Settlement The Judge Issued The Order The Husband 50 Wife 50 Upon the Sale Or Death Of Either, Does The Judgment or lien Have...

Question

In a Divorce Settlement The Judge Issued The Order The Husband 50% Wife 50% Upon the Sale Or Death Of Either, Does The Judgment or lien Have To Be Renewed Over the Years?

Answer

As long as the Final Judgment, certified copy, is recorded it does not need to be renewed. Check with your attorney to make sure everything that needs to be done has been done and the Judgment is in the proper format.

My wife and I purchased a house prior to being married. Now we are getting divorced. I put $100,000 of my money down on the house. Is she en...

Question

My wife and I purchased a house prior to being married. Now we are getting divorced. I put $100,000 of my money down on the house. Is she entitled to half of it or is it considered 'non-marital' money and should be returned to me if we sell the house?

Answer

The answer depends upon many factors. The length of your marriage could be the most important factor.

Answer

It will depend on the length of your marriage as well as other factors, but the longer you have been married the more likely the Court will be inclined to treat the home as a marital asset in its entirety.

I was a commerial driver doing long hours of driving. I cant do that anymore. Was involvex in a personal car accident.after a year of therap...

Question

I was a commerial driver doing long hours of driving. I cant do that anymore. Was involvex in a personal car accident.

after a year of therapy for my back, the auto insurance adjuster is only offering

$3500. settlement. The lawyer doesnt want to file suit only because the doctors stated that I have lost of motion BUT the didnt state what percentage.

He basically sayin take the $3500. Or find another lawyer.

Does this sound correct?

Is there someone willing to take over?

Answer

I would be willing to look over your medical records if you can get me copies of your MRI reports and range of motion testing and any other medical records you can get your hands on. I would also like to know who the insurance carrier is for the other driver. For am absolutely FREE consultation please call me at 347-702-4133 or e-mail me at [email protected]/* */

Yours truly,

Michael Krigsfeld, Esq.

Answer

Sure. You may call me for a free consultation at 347 612-6677

Answer

It sounds like your current attorney does not want to take the time and effort to properly and effectively represent your interests. There was a somewhat recent Court of Appeals case which said that you do not need numerical range of motion testing which is contemporaneous with the accident. You should certainly get a second opinion as to the value of your case before accepting such a small sum in settlement. Feel free to call my office at 212-532-1200 for a free evaluation. My office has been in the personal injury field for over fifty years. Ask for Matthew Schroeder, Esq.

What are the release dates for Check It Out - 1985 Edna's New Friend 1-20?

What are the release dates for Check It Out - 1985 Edna's New Friend 1-20?
Check It Out - 1985 Edna's New Friend 1-20 was released on:

USA: 26 February 1986

I am a tenant at a rental home. When we started leasing the residence, the owner was in forecolsure. The owner had hired a forecolsure lawye...

Question

I am a tenant at a rental home. When we started leasing the residence, the owner was in forecolsure. The owner had hired a forecolsure lawyer, who hired the property management company that we are currently leasing from. The property is going up for auction. If our land lord does not purchase the property, would we still be required to pay rent to the land lord as they would no longer be managing the property on the owners behalf?

Answer

You might be paying rent to the new owner.

Good luck

How much a star get paid for a playboy post?

How much a star get paid for a playboy post?
It depends. Hugh Hefner has offered different amounts to different people.

How can I find legal representation to help close a bank account for my deceased father?

Question

How can I find legal representation to help close a bank account for my deceased father?

Answer

Call an attorney in your area.

It may not be necessary to have an attorney if the situation is uncomplicated. Go into the bank and find out what they require. If your father had named a beneficiary on the account, the bank has procedures they can ask you to follow. If there is less than $100,000 in the account, the account balance can be claimed on behalf of the heirs (if there was no will) or beneficiaries (if there was a will) of your father's estate through use of a "small estate affidavit". Figure out whether your father left a will and talk to the bank if it appears the bank account is the only significant asset in the estate, otherwise, call a lawyer.

What are the requirements to use the entrapment defense in Georgia?

Question

What are the requirements to use the entrapment defense in Georgia?

Answer

An attorney, who knows what he/she is doing. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck

was divorced in ohio over 1 year ago, now reside in mississippi, was awarded monies by the court, none have been paid, how do i collect? is ...

Question

was divorced in ohio over 1 year ago, now reside in mississippi, was awarded monies by the court, none have been paid, how do i collect? is there a statute of limitations?

Answer

To properly answer your questions, we would like to offer you a free consultation with one of our attorneys via telephone. Please contact us by calling 1-800-297-9191 or email James Luna at [email protected]/* */ to schedule your free consultation.

We look forward to hearing from you.

When a traffic stop results in the arrest of four individuals who all have different charges be tried together as co deffenteds or tried sep...

Question

When a traffic stop results in the arrest of four individuals who all have different charges be tried together as co deffenteds or tried seperatly as individuals

Answer

It depends upon the charges and the surrounding facts.

Answer

I agree with Mr. Shapiro. It's possible, for example, that each of the arrestees was already wanted for crimes unrelated to the others. That they were arrested at the same time would be no reason to try them together.

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

Question

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

Answer

If you have no other past record (other than the summary you may be eligible for ARD in which the charges are eventually dropped and can be expunged. I would need much more info to properly advise you so if you give me a buzz I can guide you in the right direction. You also did not say which county it occurred in.

I am a former Senior District Attorney and I have handled over 7500 criminal cases over the last 20 years of practice.

The preliminary hearing is your evidence hearing in which the state must prove there is enough evidence against you

There is more info on my website at www.ykacrim.com

My number is 215-639-5297.

Best regards

My husband and I might have to claim bankruptcy. What companies cannot come after you to collect their money. I have outstanding medical, cr...

Question

My husband and I might have to claim bankruptcy. What companies cannot come after you to collect their money. I have outstanding medical, credit cards, utility and oil bills and rent that we cannot pay because we are on a fixed income which is not enough money monthly. We will have to move in with relatives. My husband is disabled and I am his caregiver. What should we do?

Answer

You should set up a consultation with a bankruptcy attorney in your area. It appears to me, without knowing more than what you have written, that all of your debt is dischargeable, and that you will probably qualify for a chapter 7 bankruptcy. I have a pamphlet that I have written which will help you understand the process.

I want to resolve a dispute by making a paying. What are some options I can include upon payment. Closing the account, removing from credit,...

Question

I want to resolve a dispute by making a paying. What are some options I can include upon payment. Closing the account, removing from credit, etc to make sure nothing is lingering in the future.

Answer

What you are seeking can be done, if the credit card company will agree to it. You need the agreement to be in writing.

Call me and I will assist.

If my company was bought by another company and they keep the same rate of pay then 3 years they say that they are changing our rate to the ...

Question

If my company was bought by another company and they keep the same rate of pay then 3 years they say that they are changing our rate to the new company rate. Is there a grandfather rule where they can only change the rate of pay for new hires. They should not change the employee that have been that rate of pAy for 3 years?

Answer

I assume you are an at-will employee under California law.

Under this assumption, there is no such grandfather rule. The company has a right to increase or reduce an employee's wages as it sees fit, regardless of the employee's seniority. The only exception to this is if the decrease in pay constitutes unlawful discrimination on the basis of race, gender, or other protected status.

can a domestic violence conviction be expunged from my record

Real-estate case: I recently put a bid for house with no contingency clause and it was accepted. I did the down payment 20 and Bank loan is...

Question

Real-estate case: I recently put a bid for house with no contingency clause and it was accepted. I did the down payment 20% and Bank loan is approved waiting my signature and closing date. I did have very little information being a first time home buyer and i went with my agent's suggestion which now i believe was wrong.

My question: Now i find the house does not have the centralized Air Condition Unit although it was documented in every document (MLS listing, Seller's disclosure document and insurance - seller is purchasing for first year for us). I raised this concern and I am not getting any support. May I know what are the options I have and what were the responsibility of my agent, is he liable for anything or he is there just to make commission?

Please let me know.

Answer

A couple of additional questions come to mind in trying to formulate an answer for you. First, to what extent is the property lacking in air conditioning as described? Is it totally lacking in air conditioning, or is it equipped for central air (ducting, etc.), but the compressor/condenser unit is absent from its enclosure? The way your question is worded tends to suggest the latter, while the former would be a much more expensive proposition. Next, in any case involving real-estate sales disclosures, the question arises as to how much the seller is presumed to know about the property being sold. The duty to disclose is much higher when, for example, the seller has lived in the house for decades, than when the seller lives in another part of the world and acquired the house by inheritance a couple months ago, or where the seller acquired the property as the result of a foreclosure.

Now, trying to advise you. First, I'd get an estimate or two as to the cost to bring the house from its present condition to the as-described condition -- that'd be your loss on the deal. Knowing this amount will allow you to negotiate, to determine whether a lawsuit would be worth while, etc. Then, try negotiating with the seller, the seller's agent or broker, and your agent and/or the broker he/she works under.

A lawsuit probably should be a last resort. Someone here has made a mistake, more likely than anyone is trying to "pull a fast one." Oh, also, look to see if you checked any agreement to arbitrate boxes in the purchase contract........arbitration might be a cheaper and quicker way to get resolution. But I really think this should be settled by negotiation.

What has wheels that starts with the letter g?

What has wheels that starts with the letter g?
Galaxie (Ford)
Geo (Chevrolet)
Golf (VW)
GMC
Golf (VW)
Grand Am (Pontiac)
Grand Cherokee (Jeep)
Grand Marquis (Mercury)
Grand Prix (Pontiac)
Gremlin (American Motors)
GTO (Pontiac)
GTX (Plymouth)

I am an active duty military service member who recently applied for early retirement due to non-competitiveness for promotion. I am current...

Question

I am an active duty military service member who recently applied for early retirement due to non-competitiveness for promotion. I am currently paying child support -$950 per month. I make about $45,000 per year but when BAH (Military allowances, such as BAH and BAS, are considered income under the Virginia Code and is included in the calculation of support) is included, I make an additional $25,000 for a total of $70,000. I am due to retire from the military in a few months (voluntary retirement) and for planning purposes, I am unsure how to proceed with my plans without understanding the legal impact with regards to child support for my scenario:

Option 1: I would like to start my own business (my wife makes a great salary and would support the family as the business grows-my retirement will cover medical ($500 per year) and $1400 a month gross)

or

Option 2: I currently don't have a degree and so I would like to pursue finishing up my degree full time and work part time. I should receive my degree in 2 years

or

Option 3: Get a full time job (BLS states that the average salary for non degree is $30,000 a year) and request a modification to reduce child support.

In regards to option 1, what is the most probable outcome if I present this as my motion to reduce child support as I work on building the business. Most startup business takes a year or two to make a profit.

In regards to option 2, the likelihood of making the same $70,000 a year with no degree is slim to none and I will no longer receive the BAH allowance once retired. Additionally, at best, I was a "c" student so, going to college full time with a full time job would be a disaster but not impossible. In my opinion, it makes more sense to go to school full time and attain a degree in 2 years (which will allow me to get a good job) rather than to work full time making less and taking 5 years to obtain the degree.

In regards to option 3, I know Virginia law views your earning potential based off previous salary. In this case, my earning potential is significantly less when excluding BAH and the fact that I don't have a degree

I understand the courts perspective is the best interest of the child; So legally, what options should I pursue or have?

Lastly, my intent with this question is strictly for planning and not to escape my responsibility of support. I know that I am completely responsible for her financial and emotional well being.

Answer

Assuming that your wife would oppose each of the options you've

described, in my opinion the Virginia judge hearing the matter would likely decline to grant your motion to reduce your child support obligation with respect to the first two options but as to #3 might well reduce it depending upon the credibility of the documentation and related verifiable facts used to support this motion for a reduction.

Update: the estate was valued at over $500,000. and do his brothers have to come to America in order to make a claim or can they appoint a U...

Question

Update: the estate was valued at over $500,000. and do his brothers have to come to America in order to make a claim or can they appoint a U.S. citizen under a power of attorney to hold the money for them? I believe the person had real property and money as well.

Hi, my neighbor died 2 years ago (an old nice man), and left a large estate (valued over $500,000 according to his friend) and the friend wants the estate to go to his the decedents family. The friend wants me to help but i dont believe the decedent has any family here but i know that he has 2 brothers in Iran. How would i go about contacting the brothers in Iran? and if the brothers have passed or am unable to contact them, would the estate go to a cousin or other relative of the decedent here in America?

Thank you for all your help.

Allen

Answer

Hello Allen,

It sounds like this estate will need to go through probate. The only exception is if the assets are held in an account with named beneficiaries, or if there are trust documents.

It should not be necessary for the family to come to California -- though the current relations between the US and Iran may make the situation more difficult. That would need to be investigated.

The friend's desires are actually of no real importance under the law. If there is a will or trust, then the terms of that document control. If there is no will or trust, then California law on intestate succession will control. Without knowing what relatives the decedent has, it is not possible to know what will happen to the estate.

You and/or the friend need to sit down with an estate attorney to figure this out. The estate should pay any attorney's fees involved, so you do not need to come out of pocket for this. On the other hand, this may take some time an energy on your part or the part of your friend. If you are named the executor of the estate, however, you will be entitled to compensation for your services.

Answer

Mr. Perry is correct in all aspects. The first thing you or your friend should do is consult with a probate attorney local to you.

Are the children entitled to their father's part of an inherited property? The grandparents left no will and the children's father passed bu...

Question

Are the children entitled to their father's part of an inherited property? The grandparents left no will and the children's father passed but has a brother who is needs to sell the property.

Answer

Only if the father died after his parent.

Answer

In New York, when someone dies without a Will ('The Decedent") and the Decedent has children but no spouse, the children share the Decedent's assets equally. If any of the children are deceased, their children would receive the parent's share. The court proceedings would be somewhat different depending on whether the children died before or after the Decedent.

I have a daughter that goes to public school and the sports are asking for money and help. But now she is being told that it is mandatory to...

Question

I have a daughter that goes to public school and the sports are asking for money and help. But now she is being told that it is mandatory to pay almost $1,000 and that is just for soccer not even softball. Is there a a maximum amount that they can require a kid to pay to participate in sports at the public school.

Answer

That sounds ridiculous. You should call the school board. If they don't help, consider calling an action reporter. I don't think you need a lawyer.

Can I contest an administer of an estate with signed notarized paper of deceased persons wishes?

Question

Can I contest an administer of an estate with signed notarized paper of deceased persons wishes?

Answer

It depends if the will or the Court assigned an administrator, you will have a difficult time using other documents to get appointed. I recommend you speak to a probate attorney for assistance.

During the 90 days waiting period after filing for divorce, can I make an offer to purchase a new house?

Question

During the 90 days waiting period after filing for divorce, can I make an offer to purchase a new house?

Answer

Not without the agreement of the other party or permission from the court. Theoretically, you would be in contempt of the automatic orders. Depending on what the issues are in your case, and particularly what the finances are, you might well get permission.

How can you make a intersection more safe?

How can you make a intersection more safe?
Traffic light normally help with making intersections safe. Also some intersections are completely remodeled by adding a round-a-bout in the centre, which normally also makes them safer, because all cars have to slow down.

Is my collect of police/sheriff uniform against the law in the state of Ga. I'm not in law-just a collector

Question

Is my collect of police/sheriff uniform against the law in the state of Ga. I'm not in law-just a collector

Answer

This post makes absolutely no sense at all.

I made an offer on a property, the seller accepted my offer and I dropped off my check to the title company to open escrow. The seller is no...

Question

I made an offer on a property, the seller accepted my offer and I dropped off my check to the title company to open escrow. The seller is now telling me she might have another offer. Is this legal?

Answer

It is legal for third parties to make offers, but the seller cannot accept them if the seller is in a binding contract with you.

Answer

Mr. Roach is exactly right. If you have a signed contract, the seller can take other offers to keep "in the pocket" in case your transaction falls out of escrow for any reason, but otherwise if there is a valid signed offer and acceptance it is binding on the seller and if she backs out you can sue for damages or even to force the sale to go through.

Answer

It is certainly not illegal to make an offer on property where another offer has already been made and accepted. However, once a seller has accepted an offer, the seller cannot legally accept a subsequently-made offer. Note also that with real estate, both the offer and the acceptance must be in writing to be binding (well, usually at least!).

Answer

IF you have received from the seller a fully executed written unconditional acceptance of your purchase offer, then you have a potentially enforceable 'contract'. If you didn't get the seller's unconditional acceptance of your offer, they are free to accept any other offer they want. Real estate agents and brokers understand the process, that is what they get paid for in representing you. If you are doing this on your own, you will need to learn the process rules and procedures yourself.

Even if you have an enforceable 'contract', the sellers are free to take any number of 'back up offers' on the property, in the event you fail to comply with all the contingencies, terms and requirements of your 'deal'.

When was Disneyland hongkong Built?

When was Disneyland hongkong Built?
Don't know when it was built but it opened in may 22 2005...

What is sriti jha's nick name?

What is sriti jha's nick name?
we used to call her jhalli..

California Law. I payed $1600 deposit for a condo in lawndale, CA. When we signed the 1yr lease he told us we could break it. 4 months befor...

Question

California Law. I payed $1600 deposit for a condo in lawndale, CA. When we signed the 1yr lease he told us we could break it. 4 months before end of lease we move out. He honors his verbal statement of being able to break lease without fee or penalty. We do a walk threw he lists nothing on walk threw. A month later I have not recieved an itemized list or my deposit. I then tell him he is in violation of the laws. He says there was a lot broken and he is getting stuff fixed. I said all those things were broken when we moved in and you agreed that's why you didn't mark it on the inspection sheet. I said you can't charge me for that stuff just cause your new tenant wants it fixed prior to moving in. He said he will do as he pleases and will let me know what's left of my deposit. I informed him of all the laws he was breaking and now he won't return text messages or calls. It's been a total of 3 months and I have not seen an utilized deduction list or any part of my deposit back. What do I do, they have laws but no one unforces them.

Answer

We have basically two kinds of laws. Criminal laws are enforced (well, more or less) by the police and the district attorney. The other kind of laws -- civil laws -- are enforced by the affected individuals. If you have a gripe against someone for breaking a civil law, e.g., the law regarding the validity of contracts or the duty to refund and account for residential lease deposits, you need to step up to the plate and enforce it yourself. Take the former landlord to small claims court. The deposit-refund law is part of Civil Code section 1950.5, which covers security deposits in great detail. There are useful guidebooks to California small-claims laws and procedures which would be worth reviewing before going to court.

I am not sure I picked the appropriate category below. My question is related to liability of an incorporated Property/Home Owners Associati...

Question

I am not sure I picked the appropriate category below. My question is related to liability of an incorporated Property/Home Owners Association with no employees and limited resources.

I am the treasurer of a Property/Home Owners Association that is incorporated. All officers are volunteer. The dirt road that traverses the 1300 acre property is owned and maintained by the property owners on a volunteer basis. We have security gates at all entry points to the subdivision that are accessible only by the proper code entered in the keypad or a gate clicker that is sold to owners only. The local law and emergency services have the gate code, as do FEDEX, UPS, the electric company, garbage pickup personnel and the US Postal delivery person. The gate automatically opens for 1.5 hours in the morning and the afternoon to allow the school bus access to the subdivision to pick up and drop off students. We own no other assets.

Several years ago the owners voted to have General Liability Insurance in the event that someone is injured or suffers vehicle damage on the subdivision road or by the gates. They fear being personally sued in the event of an incident.

Every owner pays a $150 annual fee to the association for the purchase of road material, occasionally paying professionals to grade the road and for the maintenance of the gates. The total annual receipts are approximately $8000 and this amount is barely able to cover annual expenditures for the road and gates.

My questions are, considering the small amount of funds that the association possess;

1. Is liability insurance necessary? Isn't owning the insurance the only incentive that someone would have to sue the association?

2. If a visitor (non-owner) to the subdivision is injured or has their vehicle damaged by the road or a gate, would individual owners be liable for damages?

3. If an owner in the subdivision is injured or has their vehicle damaged by the road or a gate, would the other individual owners be liable for damages?

Answer

1. the association owns the common land and the gate. if you had someone injured they could sue and get the common land and gate etc if theygot a judgment. Defending a case like that would be expensive as well. All of those costs are covered by the insurance.

2. if the owner's participate in the decisions and the operations, then they could be potentially responsible for the negligence. to the extent that the owners own an undivided interest in common elements they could also all be included in such an action.

3. potentially. insurance likely would not cover this type of damage as the owner is one of the insureds.

I suggest you consult with an insurance agent to discuss what insurances will provide the best coverage AND an attorney familiar with condo law.

My gf and her daughter live with me. The ex(father) hasn't abided by the divorce papers at all since getting divorced. Calls for his daughte...

Question

My gf and her daughter live with me. The ex(father) hasn't abided by the divorce papers at all since getting divorced. Calls for his daughter every couple months and now is trying to get us thrown in jail for living together. Is this possible?

Answer

Depends on the Judge but highly unlikely.

Answer

Unless you are a convicted sexual predator that is not allowed anywhere near minors, I can't imagine what the legal basis would be for his threats. I suggest not wasting a second of sleep over this. Have your GF communicate w/him by texts and/or email. That way we can document the communications. If he ever serves her with Court papers, she should immediately consult with an experienced family law attorney.

Answer

The court will not put you in jail for living with her. Don't worry.

What happens to the custody of a child between the time a petition for temporary custody is filed and the hearing?

Question

What happens to the custody of a child between the time a petition for temporary custody is filed and the hearing?

Answer

You're not giving enough information. What are the existing custody arrangements - is there a parenting plan in place? where is the child now? what are the circumstances of the parents or other parties seeking custody?

In prinicple if some plan was in place and the petition seeks to change it, the existing plan rules for the time being. If no plan exists, whatever the status quo is should be maintained until the court hears the petition. if the child is in danger of some kind then CYFD should be informed. If there is no emergency, the court will expect the parties to the temporary custody petition to make some reasonable accommodations that preserve the status quo while allowing each to maintain their relationships with the child. If you believe the court should intervene immediately then you can file an emergency motion for the court to make immediate arrangements.

Is a texas resident that is just passing through new mexico still held liable to new mexico laws regarding an accident where both parties ex...

Question

Is a texas resident that is just passing through new mexico still held liable to new mexico laws regarding an accident where both parties exchanged information and noone was injured?

Answer

Yes.

I have joint legal custody, my child is being verbally/emotionally abused by other parent. Denied food or given very little to eat because h...

Question

I have joint legal custody, my child is being verbally/emotionally abused by other parent. Denied food or given very little to eat because her mom thinks she is too"fat". Child is with me right now and has stated she doesn't want to go back to mom. Her mom has woken her up at home at1 am to yell and scream at her then to cry and blame her about things in life, to the point this child has to put a chair against her door to keep her mom out. The child is 14 years old. Please advise. We have already called DCFS and our local police department. Child is supposed to return to mom at 7pm tonight.

Answer

Your best remedy is to seek an emergency protective order to place the child in your custodial care.

A musc.-wasting condition forced me to leave my mt. home live somewhere that was flat so I could walk w/o falling. My house didn't sell wh...

Question

A musc.-wasting condition forced me to leave my mt. home & live somewhere that was flat so I could walk w/o falling. My house didn't sell when working thru a realtor, so I did the short-sale thing. Each time a buyer made an offer (which was only about $10,000 below asking price), the mortgage co. not only rejected it, but increased the asking price. Eventually, what began as a short-sale, turned into a foreclosure. The mortgage co. finally sold the home for $13,000 LESS than a buyer had offered when the home was still in the short-sale mode. Are there no laws from preventing a mortgage co. from turning a short-sale into a foreclosure? Because this happened, my credit rating really took a hit --- something I never saw coming.

Answer

There are recent laws that preclude foreclosing during a loan modification, but no law requires a lender to approve a short sale or hold off on foreclosing while you try for a short sale. The good news/bad news is that the company that owns the formulas that all three credit agencies use to calculate their scores is on record that their formula hits your credit the same for shirt sales as foreclosures.

If i owe backrent ,does the landlord bare responsibility of roaches .

Question

If i owe backrent ,does the landlord bare responsibility of roaches .

Answer

The landlord and the tenant both have the responsibility of maintaining the premises in a habitable condition. If you did not notify the landlord at the time when you failed to pay rent of the roach problem as the reason for withholding the rent, then the landlord cannot know about it. Since you continued to live at the location, apparently the roaches didn't make it completely uninhabitable and likely it will be found that you were required to have paid at least a reasonable portion of the rent.

in tennessee when someone files for full custody of children, does an incarcerated parent have any rights to fight and try for joint custody

Question

in tennessee when someone files for full custody of children, does an incarcerated parent have any rights to fight and try for joint custody

Answer

The termination of rights is based upon two factors in the state of Tennessee. The first factor is the failure to pay child support for 4 mos. or the second factor is the failure to exercise reasonable visitation for four months. Incarceration is a matter that is taken into consideration in the filing for full custody depending upon the charges that you are guilty of and the length of time that you are going to be incarcerated will work either for or against you in court.

A manager at the rite aid starting recording me on his cell phone while i was shopping. when i finally asked why he claimed he saw me go out...

Question

A manager at the rite aid starting recording me on his cell phone while i was shopping. when i finally asked why he claimed he saw me go out the back with beer (i didnt). is he allowed to record me?

Answer

Yes. You generally have little expectation of privacy when you are out in public.

Video recording of anyone while in the public view is allowed.

Audio recording requires consent of all parties if there is some expectation of privacy or confidentiality. Based on your description, the manager could legally record both video and audio.

I have recently received an order from our divorce judge to pay my ex wifes attorney - for her fee at a child support hearing back in August...

I'm being accussed of GSI but there's no evidence other than hearsay, she says i did but it never happened.How should i handle this

Question

I'm being accussed of GSI but there's no evidence other than hearsay, she says i did but it never happened.How should i handle this

Answer

Do not meet with the cops. Get a lawyer asap. Do not submit to any tests or anything with out counsel present. Any contact with law enforcement should be handled via your lawyer. Anything you say or do could be misconstrued and used against you.

Also, do not ave any contact with the accuser or their family.

I have a bill that was judged against me in 2006 and recently had a deputy stop by and leave a card about this. This bill is not shown on my...

Question

I have a bill that was judged against me in 2006 and recently had a deputy stop by and leave a card about this. This bill is not shown on my credit report since it been over 6 years but if I do not pay this will this have any effect on me later.

Answer

If a sheriff's deputy is stopping by, it is likely that he is not dropping by for a spot of tea. He is trying to serve you with process to enforce the judgment- either a property levy or, more likely, debtor interrogatories, compelling you to appear in court and testify as to your assets and income. So this will not just impact you down the road, but now. If that is the case, and you can afford to pay, then you should probably pay. If not, you can either try to work out a settlement or payment plan, or consider filing bankruptcy if circumstances justify.

is it legal for schools tocharge a fee to get a phone back when its taken away? to meit doesnt seem like its fair for a student to have to g...

Question

is it legal for schools tocharge a fee to get a phone back when its taken away? to meit doesnt seem like its fair for a student to have to give money for property thats already theirs. is it legitematly legal for schools to do that?

Answer

Is this school a high school or a college?

No, it's not appropriate for them to make such a charge. It's probably not worth suing over, though.

who is liable if someone slips on ice and gets injured? The building owner or the tenant of a retail business?

Question

who is liable if someone slips on ice and gets injured? The building owner or the tenant of a retail business?

Answer

Based upon the place of the fall, and the lease agreement, either or both may be liable to an invitee.

Good luck

the police climbed up the hill in my back yard, came on my back porch and knocked on the door. There was a cannabis plant on my back deck (n...

Question

the police climbed up the hill in my back yard, came on my back porch and knocked on the door. There was a cannabis plant on my back deck (no public view). The cop asked for permission to search house, no permission was given. The cop applied for a search warrant, secured house until warrant was issued. This warrant was illegal because of the cops unlawful entry onto my curtilage/yard/porch correct? Fruit of the poisoness tree. Multiple plants was found in the unlawful search of the house. NO CHARGES where filed. State Attny said it would get dismissed because of the cops illegal entry. Is there a Sec.1983 claim? Tore the house up! Confiscated cannabis along with about $10000 worth of grow lights, equipment, ect.

Answer

Possibly. See an attorney more facts could affect a full determination.

A woman is being told by a receptionist a hospital that if she does not enroll her suicidal daughter in that specific hospital, the receptio...

Question

A woman is being told by a receptionist a hospital that if she does not enroll her suicidal daughter in that specific hospital, the receptionist will call Child Protective Services. Does the Receptionist have the grounds to make that call, and does CPS have any right to action, provided that the woman is actively seeking help for her daughter. The mother is searching for hospitals to help her daughter and simply does not feel comfortable with the conditions of the hospital where the threatening receptionist works.

Answer

Anyone has the "right" to call CPS. CPS can take him seriously, or laugh at him.

Mom needs to find another hospital.

What is the sentencing for a first time offender in Florida for 1 count of aggravated assault and 2 counts of battery

Question

What is the sentencing for a first time offender in Florida for 1 count of aggravated assault and 2 counts of battery

Answer

It depends on the type of aggravated assault. Could be up to 5 years, but some involve 10 year minimums or up to 15 years. The battery is a misdemeanor punishable by up to one year in jail.

In 2004 I had a child in Illinois the father singed his birth certificate the following year we had a little girl he did not sign her bi...

Question

In 2004 I had a child in Illinois & the father singed his birth certificate the following year we had a little girl & he did not sign her birth certificate but yet we married in Nevada in 2010 & I left him 3 months later but did not take any legal action for divorce is he legally my daughter father without signature on her birth certificate?

Answer

No. Your daughter was born long before you married. You need to file a paternity action asking that the court make a legal determination of paternity and to determine child support.

What size is a Hot Wheels car?

What size is a Hot Wheels car?
A Hot Wheels car is a miniature scale version of a real car. Theyare made on a 1:64 scale of the original car.

I had gastric sleeve revision surgery in tijuana wich resulted in two infections, an abscess. I was in the hospital one month in los angeles...

Question

I had gastric sleeve revision surgery in tijuana wich resulted in two infections, an abscess. I was in the hospital one month in los angeles. Can i get the cost of my surgery back?

Answer

The surgery took place in Mexico, so your malpractice claim is under Mexican law. Also, it's usually difficult to make a successful claim on infections resulting from surgery in any event.

I was charged with retail theft and was arrested. I was given a citation and a notice to appear in court. It is my first offense and my crim...

Question

I was charged with retail theft and was arrested. I was given a citation and a notice to appear in court. It is my first offense and my crime is consider a misdmeanor. I cannot hire a lawyer and I don't want my husband to find out about this stupid thing I've done. I was thinking of writing a letter to the judge explaining my situation and asking for forgiveness. What kind of punishment I'm I looking at? I'm married with two small children and I'm stay at home mom. I'm currently taking care of my Grandmother who is dying of lung cancer.

Answer

If you cn not afford an attorney, then you have the right to appear in Coourt on your Court date. You do not need to write the Judge a letter. depending upon the exact charge, your history, and the facts of the case, the State's Attorney (prosecutor) may be willing to speak with you and agree to a plea bargain under which you might be placed on Supervison to avoid a conviction. You may be required to attend a program on shoplifitng or complete other conditions of being on Supervison. The advantage to Supervison is that a conviction will not be entered on your record. If the State's Attorney is not willing to make a deal with you, then you have two options: go to trial or plead guilty and ask the Judge to grant you Supervison.

I feel I am being harassed by my supervisor because she nit picks with everything I do but does not say anything to the others about there w...

Question

I feel I am being harassed by my supervisor because she nit picks with everything I do but does not say anything to the others about there work and I know that they are not doing what they're supposed to at all and I was written up for bogus reasons and told it was my final write up but I have not been written up before what can I do

Answer

Pay attention to your supervisor and improve your work performance. Perform your assigned tasks quickly and competently. Your post contains nothing that would benefit you in a legal proceeding. If you quit you won't get unemployment.

What happens if my ex doesn't show up at the RFO hearing and she filed an incomplete/unsigned response? I filed an RFO to terminate spousal ...

Question

What happens if my ex doesn't show up at the RFO hearing and she filed an incomplete/unsigned response? I filed an RFO to terminate spousal support because my ex has been lying to the court about cohabiting with her boyfriend and her job search efforts (a Seek Work order and Gavron warning have been in place for over a year). I provided extensive proof of her lies. When she got her copy she contacted me asking to make an agreement outside of court. Very unusual for her-she is usually extremely overconfident and cocky. I think she is afraid she will have to explain her lies in court and wants to avoid it. My copy of the response she filed was unsigned and incomplete. I responded and pointed that out, asking for it to be excluded. What happens if she fails to show up at the hearing?

Answer

Request to proceed by default.

Florida civil case. Plaintiffs attorney dismissed one of the defendants, with prejudice, in a civil case without consulting his client. Dism...

Question

Florida civil case. Plaintiffs attorney dismissed one of the defendants, with prejudice, in a civil case without consulting his client. Dismissed Defendant later found to be liable.

Answer

How was the defendant later found to be liable? Why was the defendant dismissed with prejudice in a case? Did the defendant pay for the discharge from the case? You don't ever ask a question. Your fact pattern just raises many questions in and of itself.

Answer

If you have a question about the facts you recite, then have a formal consultation with an attorney to discuss the details. Only under those circumstances can there be a full understanding of the circumstances and your issues addressed.

Answer

You don't identify who you are and you don't ask any question. Your limited post makes it sound like you are the Plaintiff in the case and that you are inquiring as to whether you may have a legal malpractice case against your attorney? Not enough factual information is given to determine with any clarity your relationship to the case, and the factual circumstances. You need to consult with a qualified attorney who can ascertain all the relevant facts and provide you with a meaningful answer.

Who is ebenezer pratt?

Who is ebenezer pratt?
Saxophonist from sierra leone,based in germany

My sister rents a home and recently her basement was flooded after the sump pumpfailed. She was unaware of this issue because she is blind. ...

Question

My sister rents a home and recently her basement was flooded after the sump pump

failed. She was unaware of this issue because she is blind. It was only after some one came over she was made aware of the flood. She did not notify the landlord right away

but waited 2 days. Meanwhile she had her brother pump out the basement and afterwards she made the landlord aware of the situation. There was damage to the water heater and her washer and dryer. A few days later she was made aware there is mold growing in the basement. She asked the landlord to use the security deposit

monies that was placed in escrow to begin repairs. Can she do this? How much damage is she responsible for?

Answer

Depends on the lease. If the lease is silent, the LL would be responsible for the sump pump failure. I would suggest your sister consult with an attorney.

My 12yr old daughter was hospitalized for mental issues, sucidial, and cutting. Her father signed her out AMA yesterday. We have joint coust...

Question

My 12yr old daughter was hospitalized for mental issues, sucidial, and cutting. Her father signed her out AMA yesterday. We have joint coustity, yet, I am the primary coustidial parent. Am I able to charge him with child abuse, and endangerment? Since he is the one that signed her out against medical advice? We live in Jefferson CO KY

Answer

You could call Child Protective Services about this matter and they will investigate and may pursue an action, but not guarantee they will do so. You could also pursue this matter in family court as a contempt matter since the father did not consult you about this matter which he should do since you have joint custody. You should consult an attorney about this matter.

If both parents die at the same time,,and no will,their is children involved on both sides,what happens to property???Also if the mother has...

Question

If both parents die at the same time,,and no will,their is children involved on both sides,what happens to property???Also if the mother has Jewerly she wants to go to her daughter,,,does step children have rights to her personal belongings???

Answer

You say both parents died at the same time. Usually that does not happen and its possible to determine death order unless they both died in a plane crash or something like that.

You do not indicate where the parents lived at the time of their deaths or when the deaths occurred or if estates for each are pending. This matters because state law varies.

Most states have what are called simultaneous death acts or something similar. Basically, if the spouses die at the same time such that the death order cannot be ascertained, then each will be considered to have died before the other. The mother's property will pass to the mother's children in equal shares and the father's property will pass to his children in equal shares. Any jointly owned property, like land, will pass 1/2 to father's children and 1/2 to mother's children.

Step children do not inherit from the step-parent. The child only inherits from biological or adopted children.

And how do you know what the mother wanted? If the mother had wishes, she would have made a will. This was especially important as their were step-children involved and neither parent here acted very responsibly by having wills/estate plans made. Since they did not do that, any wishes the parent may have expressed verbally are irrelevant. There is no will so all of the mother's possessions must be split by the mother's children only and the father's possessions are split by the father's children only.

Once things have been distributed or tenatively distributed after the bills/debts of each estate have been paid, if the children want to make their own family settlement agreement that is up to them.

I would suggest that mother's children seek out a probate lawyer and father's children seek out a probate lawyer here because of the possibility of a conflict of interest.

I just signed on with a small W.C. firm in Illinois. When I started signing papers he came up with a power of attorney, I hesitated but sign...

Question

I just signed on with a small W.C. firm in Illinois. When I started signing papers he came up with a power of attorney, I hesitated but signed anyway.

He said that when the time came this gave him power to take a settlement that was really good, that he could grab a good deal if he couldn't get a hold of me.

Hour by hour I feel more uneasy about this.

I have a back injury that may or may not prevent me from returning to the work that I was doing. The consequences could be devastating to me if he or someone else at the firm accepted something sub par or simply closed the case because there was too much work involved to get a better settlement. Or worse.

Is this a customary or unusual practice in W.C. cases or does this sound fishy and not in my best interest? Thank You!

Answer

If you feel uncomfortable about the power of attorney--which I agree it is a bit unusual, but not unheard of--you can go to his office and request that he give you the POA and destroy it. Or, you may write a letter, revoking the POA, and send it certified mail-with return receipt so you have a proof of it. Or, go get yourself another attorney with whom you feel more comfortable.

I hope this helps-

Does teaching is an art?

Does teaching is an art?
"Does teaching is an art?" is not a question. You could say "Is teaching an art?" but the answer to that is debatable.

Who found cinema?

Who found cinema?
William Henry James Had Found Cinema In 1765

Rented office space. Paid only deposit with promise to pay rent within week. Gave them a key. They didnt. So 3 weeks later I changed locks r...

Question

Rented office space. Paid only deposit with promise to pay rent within week. Gave them a key. They didnt. So 3 weeks later I changed locks removed their things. Is that legal?

Answer

No, you are not allowed to engage in self help to do an eviction of a tenant, whether that is a residential tenant or a commercial tenant.

If your over 18 ,names on the lease of the house , and you pay rent every month and live with your mom and her boyfriend can they legal hack...

Question

If your over 18 ,names on the lease of the house , and you pay rent every month and live with your mom and her boyfriend can they legal hack into my personal life ? And don't i legal have freedom to do as I please?

Answer

I have no idea what you mean by hack into my personal life.

At 18 you are an adult in TX and you an do whatever you want.

So if you are not happy, leave.

If you have a computer/cell phone then password it so no one but you can access it.

However, if the people you live with don't like it then have the right to evict you.

You do not have any sort of right of any illegal activity in their home.

In fact, you can be arrested and prosecuted for illegal activity.

I hope that answers your question.

If I Insure My 19 Year Old Daughter Am I Responsible For Medical Bills Not Covered By InsuranceIf I Insure My 19 Year Old Daughter Am I Resp...

Question

If I Insure My 19 Year Old Daughter Am I Responsible For Medical Bills Not Covered By Insurance

If I Insure My 19 Year Old Daughter Am I Responsible For Medical Bills Not Covered By Insurance? I did not sign any paperwork when she was admitted to the ER, she was taken there by ambulance after a car accident. The bills were coming to her in her name only, and she completed all the paperwork to apply with the hospital for financial assistance.

Then all of a sudden the bills changed to my name as the responsible party and her as the Patient name. Am I now responsible for these bills?

Answer

I am not aware of any law requiring a parent to pay for the medical bills of their adult child.

Is your daughter covered by medical insurance?

A friend 3 1/2 yrs ago borrowed $7k..He would not sign the promissory note for wording which I changed 3 times then wrote personal note and ...

Question

A friend 3 1/2 yrs ago borrowed $7k..He would not sign the promissory note for wording which I changed 3 times then wrote personal note and still would not sign. He has agreed he owes and has paid little here & there writing re-payment of personal loan. Have phone message where he stated he admits to the loan and will repay. He makes at least $100k a year, he has said when he gets tax return will pay off, when he got settlement from selling his business will pay off but never came through. I can get proof of annual income.Sends me $20 -$40 here and there. Current balance is $5800. Will this hold up in small claims for his games on his meanial payments or as long as he is sending something it's considered he is making payments. Want to go to small claims & if win will garnish his wages.

Answer

If you never got it in writing, you are a year and a half past the deadline to file an action to collect the debt. The statute of limitations on oral contracts is two years, as is the limitations for "money had and received."

Answer

The time of the running of the statute will start when there is a breach. So, if you are within 2 years of the last payment or the last time he said he would not pay you, then you should still be okay. Sometimes, evidence of any payments on a loan will suffice to show that the loan has written evidence. Thus if the check says for "payment on loan' that may satisfy the judge that a contract exists.

My son went to court because he found out that he had a son and child protection took him away from the mother. Does he have a chance my gr...

Question

My son went to court because he found out that he had a son and child protection took him away from the mother. Does he have a chance; my grandson, he is sick and with his mother he was not getting the care that he needed And she just got him back, because her case was closed, my son got him in school and he got my grandson going to his doctor appointment in Ann Arbor when needed. Doesn't he still have some type of rights? He stays with him during the week for school an goes with her for the weekend until something happened in the courts an my son wasn't notified...we need help please and thank you

Answer

You stated the protective proceeding case is closed. If it is not, that issue is too complicated to address via public forum. If there is no custody order he should start there. I routinely handle these matters feel free to contact me to discuss.

Answer

It sounds like you certainly need help. Read more at:

www.ChildProtectiveServicesDefense.com

Answer

Your post raises a lot of questions for me, and if my assumptions are correct, then I believe that your son may have some recourse. You need to remember that the Court's ultimate goal is to do what is in the best interest of the minor child.

I offer free consultations. Feel free to give me a call, and I will point you in the right direction.

I am a Beneficiary of and estate. And im concerned about the executor is not performing their duties. Do i have a right to sue. And or place...

Question

I am a Beneficiary of and estate. And im concerned about the executor is not performing their duties. Do i have a right to sue. And or place a lien on the property that remains on the estate to protect my interests? Also including fees of a lawyer, interest, and damages associated with the neglect.

History of estate:

Estate has offically been open for 10 years today... (extremely long amount of time)

We are on our second executor as the 1st was removed via court.

The issue that makes me question the 2nd executor.. we are in contract for sale of the last piece of property. I have been informing and setting up appointments for the executor to sign the documents for closing... they have skipped ever single one.. the we are now pasted a deadline and the buyer is now going to sue the estate for failure to comply. As will the Realtor will do.. and rightfully so. this inaction of the 2nd executor has caused major issues. and will not give a reason why they will not go in and sign. and the estate is dry.. meaning there is no money to pay for the taxes on the property.. and actually this year.. the 2nd executor has let the property enter a tax sale for non payment of taxes for over 2 years. we had found money and paid it off at the last minute. but we are about to enter the same situation again.

Is there anything i can do to protect my interests? the 2nd executor does not have any money to pay for a a suit like this. this is why im curious to see if i can place a lien on the property to protect my portion.

Answer

You can sue the Executor in the Surrogate's Court where the estate is lodged. Raise all of the issues involved and also ask for the removal, plus sanctions (all losses and expenses incurred), as it appears the Executor has been negligent in meeting all obligations to the estate.

Answer

Yes, this is a serious situation. You can take action in court to put a stop to the mishandling. And the first executor...there are time limits for suing him, so you do not want to wait.

Take action. Get a lawyer, and get moving.

I got my girlfriend pregnant who is currently under CPS custody but she does live with her aunt. Her aunt is not very supportive and we feel...

Question

I got my girlfriend pregnant who is currently under CPS custody but she does live with her aunt. Her aunt is not very supportive and we feel that my family will definitely be able to support her more and better. I need a way to get CPS to allow her to stay with my family and I so we can raise the child in a normal home setting with both parents. Please help me.

Answer

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

PLEASE ASK TO MEET WITH ATTORNEY CARLIE OWSLEY WALKER, WHO HANDLES MUCH OF OUR JUVENILE COURT MATTERS.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

I lent a friend about 80 thousand dollars several years. We had no written contract. The proof that the loan was made is: copies of cancelle...

Question

I lent a friend about 80 thousand dollars several years. We had no written contract. The proof that the loan was made is: copies of cancelled checks I wrote to him, and email exchanges in which we discussed the existence of the loan, its amount, and he even promised to pay interest. Over the years, we have e-mails back and forth in which he apologizes for not being able to pay be back yet and I say no rush. We never set any deadline for repayment. QUESTION: when does the statute of limitations begin to run on his debt. I assume that it has not started at all, since he has not defaulted yet (there is no deadline and he has continuously promised to pay when he can). QUESTION: will I have a problem with the statute of frauds, since there is no written contract, just cancelled checks saying "loan" in the memo section and e-mails confirming the existence of the loan?

Answer

His promise to pay does not toll the running of the S of L.

What if your drilling rig wont move its stuck what should you do fix it or leave it for the day shift?

What if your drilling rig wont move its stuck what should you do fix it or leave it for the day shift?
If the situation was reversed, would you be happy fixing up a problem they left for the night shift?

You should try to fix the problem.

i rented a condo in fl and the dryer caught on fire, can the owner sue me

Question

i rented a condo in fl and the dryer caught on fire, can the owner sue me

Answer

If it is your dryer (and maybe if it isn't), if it was your fault, if you undertook responsibility for such damages in the lease or otherwise, and maybe for other reasons, you might be liable. Since you chose to not tell us the facts, that is about as close as you can get. Obviously, renters should have insurance to cover things like this.

if I was arrested at court for 2 violations of probation and possession of a controlled substance while out on bail and then got federally r...

What kind of plants grow in Iraq?

What kind of plants grow in Iraq?
22 million date trees, colocynth, licorice, barley, wheat, watermelons, tomatoes, dates, grapes, cucumbers, and oranges. Courtesy of Britannica.com.

What do transit brain injures useually settle for

Question

What do transit brain injures useually settle for

Answer

Every case is unique and depends on many different factors. Personal injury attorneys generally consider 3 elements:

1. Liability (what someone did wrong and type of case)

2. Damages (what your medical providers say about the injury)

3. Ability to pay (insurance).

Your best approach is to discuss the specifics of the case with an attorney in your area who handles only personal injury cases.

Has the law been changed or ammended that they can no longer keep you you from getting your license because of child support.

Question

Has the law been changed or ammended that they can no longer keep you you from getting your license because of child support.

Answer

The law remains the same which can prevent you from renewing your drivers license or other kinds of licenses if you have an outstanding support obligation that is not being satisfied.

Can a home insurance company force you to sign a paper form if this form was sent via ordinary mail. To my knowledge the paper ought to be s...

Question

Can a home insurance company force you to sign a paper form if this form was sent via ordinary mail. To my knowledge the paper ought to be sent from the insurance via priority.

Answer

The insurance company can never force anyone to sign a paper. The person pursuing an insurance claim might, however, have to sign papers to submit the claim. The insurance company can send such a request in any manner it chooses. They typically send such requests by ordinary mail, and not priority mail.

My ex husband got behind on his child supppot. He now pays and extra amount each month in addition to his current monthly amout. He just fil...

Question

My ex husband got behind on his child supppot. He now pays and extra amount each month in addition to his current monthly amout. He just filled chapter 7. How will that affect his oligations? And I assume the amount i recieve will be less?

Answer

El Cajon Bankruptcy Lawyer Chapter 7 will not have any affect whatsoever on your ex husbands child support obligation.

California my Landlord just informed me that he wants to repaint the complete interior of the 2BD residence that I live in. I am 70 years ol...

Question

California my Landlord just informed me that he wants to repaint the complete interior of the 2BD residence that I live in. I am 70 years old with very bad Emphysema & the fresh paint fumes are a concern of mine I have a hard time breathing as it is. My 2nd concern is him repainting the complete interior with all my funiture still inside,my clothes inside the closets etc.I want to move out next month how can I stop him from painting inside until I can get out with all my funiture,clothing .

Answer

If your lease does not contain provisions regarding painting, then the landlord's right of entry is governed by Civil Code section 1954. That section states that a landlord may enter to make emergency repairs, or agreed upon or necessary repairs. If you do not agree to the painting, it does not seem like the painting is necessary and the landlord may not enter. Entry over your objection constitutes a trespass.

What information am I legally required to give an officer who is issuing me a traffic citation in Texas?After being stopped for a speeding a...

Question

What information am I legally required to give an officer who is issuing me a traffic citation in Texas?

After being stopped for a speeding and having been given a traffic citation the officer asked for my: home telephone #, place of employment, work telephone # and social security #. Am I legally required to provide this information?

Answer

You can decline but it is on their form. I personally declined to give that information before.

i was just talked to about destroying mailboxes with pop bottle bombs and there are no charges pressed, am i still going to be charged anywa...

Question

i was just talked to about destroying mailboxes with pop bottle bombs and there are no charges pressed, am i still going to be charged anyway and have to go to court?

Answer

That probably just means that there investigation is not complete yet. Sometimes they can take up to several months or longer before they are complete, especially if there is physical evidence that needs to be scientifically tested. They can always file charges against you as long as the statute of limitations has not expired. You or your lawyer can also check in with the assigned detective periodically to get a status update on the progress of the investigation.

Answer

There is no way to predict whether you will be charged. However, of team of defense attorneys often gets involved in cases long before they are actually filed. If you want to have an attorney on your team, you should read more here:

www.AggressiveCriminalDefense.com

Involuntary bankruptcyI am owed $51,375 by a company that is about to be taken into involuntary bankruptcy. I am not a part of the petition....

Question

Involuntary bankruptcy

I am owed $51,375 by a company that is about to be taken into involuntary bankruptcy. I am not a part of the petition. Will I get the same protection as the creditors that are filing the petition? Is it possible that the company may make a deal with the petioners, avoiding the filing, that prevents me from collecting my debt, or lessens the amount I might collect? Should I hire a lawyer & join the filing. What are the reasons to join or not to join the filing?

Answer

If the involuntary bankruptcy begins, make sure that you are listed as a creditor. Be sure to submit a creditor claim. Additionally, there may be a creditor committee. For a debt of $51K+, you should participate on the committee, yourself of through counsel. Your joining in the petition bolsters the petition. If the petition is already sufficient, you need not join.

As for your other question, there is nothing to stop the debtor, pre-petition, to work out deals with certain creditors. You should know, though, that, if the debtor pays money to particular creditors and leaves out the others and, then, files bankruptcy, the payments to the particular creditors may be subject to an order to return the money to the bankruptcy estate, where it can be administered fairly.

Finally, I suggest that you hire an attorney. Bankruptcy court is quite different from State Court. You or your representative needs to be comfortable in that setting.

If you have another question, you may email me at [email protected]/* */

I am behind on my rent for my business. we currenlty are a tenant at will. lease was not renewed. they are going to start eviction proceedin...

Question

I am behind on my rent for my business. we currenlty are a tenant at will. lease was not renewed. they are going to start eviction proceedings. how long due i have to vacate the premises

Answer

The rules for commercial eviction are much less tenant friendly than residential. You should consult an attorney who can research the issue for you.

Answer

Tenancy at will means that, and you have no rights if you have not paid the rent (else you are effectively month-to-month until notified to vacate); best be sure to avoid having anything valuable on the premises as I have seen landlords arrive with a sheriff and exercise a landlord lien on the contents to secure the overdue rent!

Best wishes,

LDWG

I have a tenant that moved in Dec 3, 2013 in Florida. The lease stated a $275 non-refundable pet fee on 2 different pages. She initialed all...

Question

I have a tenant that moved in Dec 3, 2013 in Florida. The lease stated a $275 non-refundable pet fee on 2 different pages. She initialed all the pages and signed the last page, where it was all wrote out ( rent, deposit, non refundable with their dollar amounts next to.) We allowed the deposits to be split in 3 installments ( since it was Christmas time). Last Sunday we went over what is owed ( discussed the pet fee ) she paid part and now I got a call stating her dog is a medical dog and that she isn't required by FL law to pay that part of the deposit. Even though she never mentioned it while signing the contract or last Sunday. She had previously had cancer but now works 2-3 jobs ( up to 12 hours a day) and the dog stays home with her daughter. He's a Palmeranian and he barks constantly and she puts him up when I'm there so he doesn't bite. I don't think I can ask her "need/disability" She does receive a ss disability check. The dog clearly doesn't perform as a service dog - just comfort. Can I still charge her the non-refundable pet fee? And what questions or what do I say?

Answer

The Federal Housing Act likely prohibits the extra security deposit, However, you have every right to get the medical backup to support the need AND verification that this dog qualifies for the exception. I would check with a local real estate attorney to confirm how you should handle it.

I was in default of my commercial lease for non-payment of rent. My Landlord issued me a default letter which demanded payment of deficiency...

Question

I was in default of my commercial lease for non-payment of rent. My Landlord issued me a default letter which demanded payment of deficiency sums w/in 10 days and included the statement "...Otherwise, your lease shall thereupon immediately terminate and legal proceedings to commence possession of the premises, to recover reasonable attorney's fees, court and other rent costs, other monies as specified in the lease; all in connection with your default under the lease."

I was unable to pay and did not within the 10 days (which expired on May 24th 2014). I moved out promptly to avoid legal eviction measures and left the space in an improved condition.

As of June 3rd/4th, my landlord began sending me texts and emails stating that he has found an interested party for my former space and needs me to work with him regarding past due amounts owed as well as deficiency as he plans to sublease to the new tenant.

Logically, I have taken the wording in the default letter to serve as written notification from my former landlord of termination of my lease seeing as how I did not pay the sum being demanded within 10 days. Additionally, he accepted return of keys from me and has commenced to showing the space for re-let.

My question is, has my lease been effectively terminated and can he sue me for the above mentioned if there is no longer a lease in place/

Thank you.

Tiffany R.

Answer

Unless your former landlord sent an additional written notification of his intent to cancel the original notification, the lease terminated on May 24th. However, the landlord would still have a potential claim against you for the early termination. I.e. the landlord terminated the lease due to your default (non-payment).

www.macgregorlyon.com

I have a court paper that states I have sole and physical custody of my son. His father wants to take him to Arizona without my permission c...

Question

I have a court paper that states I have sole and physical custody of my son. His father wants to take him to Arizona without my permission can he do this? His father has recent arrest records on a DUI and Drug possession so I don't feel comfortable letting my son go. Are the courts suppose to give me a paper stating my rights as sole guardian? I live in elizabeth New Jersey. I don't mind him visiting his son but how do I stop him from taking him out of state

Answer

I would have to review your papers. Call me at 732/773/2768 to discuss.

Answer

this is a divorce type problem.

and there are legal rules on this.

Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action.

call me. I could help you.

It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money.

Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials.

Good luck. Don't put up with this idiot. Fight back.

Robert Davies, Esq.

201 820 3460

Hackensack, New Jersey

Sold my pick up truck to daughters bf last April with verbal agreement to pay it out. Haven't received a penny so far. They will not return ...

Question

Sold my pick up truck to daughters bf last April with verbal agreement to pay it out. Haven't received a penny so far. They will not return vehicle and claim it was paid for in cash which is bs. I still have clear and free title in my name and possession. Can I just report it stolen so I can at least get my truck back? Thank you

Answer

I would sue them. If the car is worth less than $10,000 you could do this in small claims court. You would get a court order awarding you possession of the car. If they refuse to deliver the car to you, you could have it repossessed.

I am currently divorcing my wife. We have both signed the settlement agreement. The final decision from the court is expected in early May. ...

Question

I am currently divorcing my wife. We have both signed the settlement agreement. The final decision from the court is expected in early May. My question: I would like to petition a foreign women here as a fiancee VISA. Can I submit the settlement agreement with my fiancee VISA paperwork and then send the additional final divorce notice once I have received it? I would prefer not to wait until May to file the fiancee VISA petition.

Answer

You must be legally divorced first, before you can petition someone as a fiance.

Taco bell advertise the loaded grillers for 1.00 during happy hour from 2 to 5 I have the receipt.and I was there at 2.39 and was charged 1....

Question

Taco bell advertise the loaded grillers for 1.00 during happy hour from 2 to 5 I have the receipt.and I was there at 2.39 and was charged 1.29 and I mentioned happy hour they said that is the price during happy hour its on TV and taco bell.com for 1.00 can I Sue for false advertisement

Answer

Yes. And all you will be able to recover is 29 cents.

Hello, If someone is arrested for "weapon in vehicle" CT statue 29-38 does that include 29-38d (about when, where and how you can transport ...

Question

Hello, If someone is arrested for "weapon in vehicle" CT statue 29-38 does that include 29-38d (about when, where and how you can transport an assault weapon) automatically? Or does that have to be listed as a separate charge? Also after reading definition of 29-38 it appeared to me that it was "if an assault weapon was not registered". If you can prove that the weapon was registered according to the new CT law before the deadline will that charge be dropped or can they then say that you where not going to an approved place like a gun range (statue 29-38d) and keep the 29-38 charge even once they verify the gun is registered? Thank you for any info that can help explain how these laws work!

Answer

Hello,

If someone is arrested for a weapon in a vehicle and they have a permit for the weapon. The charges would be dropped. The State can include a lesser included offense in the charges because they control the charges. However, if the weapon is registered it can be transported.

Company I work for isn't paying meI work for this new long distance company called Lagunawave and 2 weeks ago they said they were having pr...

Question

Company I work for isn't paying me

I work for this new long distance company called Lagunawave and 2 weeks ago they said they were having problems with our lawyers and that they needed to get everything settled and that day was our payday and they never paid us then another pay period rolled around and they still haven't paid us. What can i do? I live in Tucson, AZ.

Answer

Re: Company I work for isn't paying me

This is really a Labor Law question, one of Employer/Employee rights. You might want to re-submit under that category.

Arizona has a statute for a claim for unpaid wages, which allows you to sue for damages (it might be treble, I do not recall) plus atttorneys fees and costs.

I doubt it was the lawyers who prevented paychecks from being issued. The lawyers probably had a conflict of interest, they were asked to do work, but the business had no money!

You might want to seek employment with a more deserving employer.

Good luck and best regards.

I recently filed domestic violence charges against my kids father and would like to drop the charges

Question

I recently filed domestic violence charges against my kids father and would like to drop the charges

Answer

That decision solely lies with the prosecutor. You can request that they dismiss the charges, but that is their call. If there was substantial injury or if he has priorvdomestic violence convictions they will probably be less inclined to do so. It's worth asking because the worst they can do is say no. Even though it is not ideal, they can and do proceed with hesitant and reluctan victims. If you do not honor a subpoena you risk getting held in contempt of court and going to jail.

Can you still run the car?

Can you still run the car?
no

Can you be held legally responsible when a credit card was set up when your identity was stolen

Question

Can you be held legally responsible when a credit card was set up when your identity was stolen

Answer

No.

Is not telling someone you have Hepatitis a crime?

Question

Is not telling someone you have Hepatitis a crime?

Answer

More facts are needed to answer this question. However, if you have been diagnosed, and don't take precautions (i.e. use a condom), and don't tell your partner, yes it is.

Answer

Further details would need to be known in order to provide you with legal counsel. Tricia Dwyer Esq, phone 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Criminal Defense Attorney, Criminal Law Victim - Witness Attorney, Health Care Law

If my husband or myself go into a Nursing Home what happens to our home and or money, income etc.?

Question

If my husband or myself go into a Nursing Home what happens to our home and or money, income etc.?

Answer

Someone would need to be appointed guardian of your person and estate to take care of your home, money & income. This is done through the probate court in which you reside. You can avoid this by setting up powers of attorney and a trust to take care of you in the event that you cannot take care of yourself and how you would like your estate/affairs handled.

I was leaving work and came to close to the edge of the side walk. Due to the uneven level, about a 3 inch drop down to the grass I lost my ...

Question

I was leaving work and came to close to the edge of the side walk. Due to the uneven level, about a 3 inch drop down to the grass I lost my balance and fell. Personally I would not care, but I landed belly down and am 24 weeks pregnant. Everyone at my husbands work is telling us that we should file a law suit, but I am just looking for a second opinion before contacting a lawyer. I did go right to the hospital once I arrived home from work. Was checked out told that things looked ok, but due to the age of the baby there was not much they could do to monitor. So I was put on bed rest for two days and am told to take it easy and watch for signs and symptoms of abruption or by other issues. Thanks.

Answer

If you did not have any injury or damage, there is no reason to sue. If the fetus was injured, you might have a case.

Answer

Just keep a close medical eye on things. Also make a report with your employer now, so they don't question later if there becomes a case. I agree there is no case without injuries to you or the baby.

if we signed a contract to make sales in the summer, but were under the impression that the contract would not be submitted or processed unt...

Question

if we signed a contract to make sales in the summer, but were under the impression that the contract would not be submitted or processed until we gave the agent the go-ahead how responsible are we? Also we were supposed to have received $500 for the acceptance of our contract and have received nothing. It has been several months, and now the company is after us saying we owe them the money back and the summer's rent if we are not going to be going.

Answer

Read the terms of the contract. They should tell you the start date, when the $500 is paid, and any penalties for failure to perform. You may want an attorney look at the contract to see if it is unconscionable.