Sunday, November 30, 2014

is it legal to get paid for people just watching a couple having sex as long as their is no interaction by the person watching and the couple?

Question

is it legal to get paid for people just watching a couple having sex as long as their is no interaction by the person watching and the couple?



Answer

Unfortunately, your question is missing pertinent information. If the couple is fine with others being there as voyeurs, privacy rights protect everyone involved assuming that sex is taking place in a location that is suitable for their activity. If the couple does not know about others watching, then there might be other issues involved. You might wish to clarify your question.



Your sister Willow moved into an apartment and one day woke up to see her bedroom window had been broken. She immediately called the rental ...

Question

Your sister Willow moved into an apartment and one day woke up to see her bedroom window had been broken. She immediately called the rental office but no one fixed it by 6pm that night so fearing for her safety, she called Dr. Glass who came by and fixed it that night. She wants the apartment to pay the cost of window and wants to know if they have to do so.



Answer

Hopefully you did not use your school email or other regular email here, so the school knows who to expel for cheating.



Answer

What does this have to do with a DUI (did you drive drunk?) as that is the area of law you said happened and posted under? If you did drive drunk, you need a lawyer less than 10 days after your arrest.



What is covered if your car is stolen?

What is covered if your car is stolen?
It depends on your insurance. If you only have third party insurance you get nothing. If it is a full comprehensive insurance, and if your car is not recovered, you will get compensation which will be the present market value of that car

Do lawyers generally ask for interogtories and production of documents for a modification?

Question

Do lawyers generally ask for interogtories and production of documents for a modification?



Answer

It depends on the case, but it would not be unusual in the least for a party to send out interrogatories and requests for production of documents. I strongly recommend that you retain counsel if you are considering sending these out, or if you are tasked with answering them. Feel free to contact us and speak with one of our family law attorneys, Jessica Walsh, at 617-357-4898. Good luck!



Answer

It is common to send out interrogatories and requests for production of documents for a modification action. Other methods of discovery allowed by the Massachusetts Rules of Domestic Relations Procedure such as requests for admissions and depositions are also often used during modifications. If interrogatories and requests for production have been sent to you, I strongly encourage you to seek advice of counsel to assist you with responding.



Friday, November 28, 2014

I sold a company a commercial freezer and there check bounced. So after that they send me a money order and i cashed it. The check went back...

Question

I sold a company a commercial freezer and there check bounced. So after that they send me a money order and i cashed it. The check went back thru and cleared, but i had already cshed the money order. Can i go to jail?



Answer

Certainly, if you have not immediately refunded all of the money due the other party.



Answer

Yes if you kept the extra money. No if you were honest and returned it immediately.



Student LoanI have a student loan and I wanted to know if my husband would be responsible for half of it when we file for divorce?

Question

Student Loan

I have a student loan and I wanted to know if my husband would be responsible for half of it when we file for divorce?



Answer

Re: Student Loan

No each spouse is responsible for payment of their own student loan.



I got a ticket for possession of marijuana in Walton county ga. Don't know the penalty?

Question

I got a ticket for possession of marijuana in Walton county ga. Don't know the penalty?



Answer

Generally a fine and probation. However, a drug charge of this sort can also result in a suspension of your driver's license. There may be away around this, but you will need to have an attorney negotiate this for you to avoid this unforeseen consequence



Seller trying to sell whenwe are on a Contract for deedOk...we signed a contract for deed a year ago for a business. The ''seller'' is tryi...

Question

Seller trying to sell whenwe are on a Contract for deed

Ok...we signed a contract for deed a year ago for a business. The ''seller'' is trying to sell the property now, we don't have to honor the contract we signed if he does sell do we? I mean if we ''close'' the doors of the business and not pay ''rent'' can we be taken to court? We have everything in OUR name the only thing that is in the sellers name is the building & the property. Can we just take everything out of the business like tables etc and sell the stuff?



Answer

Re: Seller trying to sell whenwe are on a Contract for deed

You need to see an attorney in person to review your contract.



Answer

Re: Seller trying to sell whenwe are on a Contract for deed

the contract will spell out your rights.

I suspect that you will owe rent until the proprty is sold.

items in the business may be considered fixtures. If so you cannot take them.

you need a lawyer to review you contract. email me if you have any other questions.



Thursday, November 27, 2014

What are shallow deep paintings?

What are shallow deep paintings?
It is called a shallow or a deep painting. Shallow means it has light colors. Deep means it has contrast between light and dark such as shadowing.

I Have a friend in a Georgia state prison. He and I were conversing via cell phone and his phone was confiscated with my number in it. The g...

Question

I Have a friend in a Georgia state prison. He and I were conversing via cell phone and his phone was confiscated with my number in it. The guards called and told me I was in breach of O.C.G.A 42-5-18. I have looked it up and it says nothing about talking to a prisoner, just suppling contraband. The officer did ask if I had been suppling contraband, but I have not even seen him face to face in over 25yrs. I just want to know if I have anything to worry about.



Answer

Yes, if you supplied contraband (which, curiously, was something you left out of your post) or doing anything else to violate any laws. You know better than us.



Answer

Well based on your question, it seems strange that an inmate would have a cell phone. If you regularly communicated with this inmate, it would appear that you should have known that as well. I think the best course of action for you is to contact/retain a criminal defense lawyer so that you can have an open and honest conversation about the facts. You may be in more trouble than you know. Don't wait until you are arrested/charged to get some advice.

If you have general questions about criminal law or about our firm, you can visit us online at: http://www.rousecolaw.com

Regards,



Answer

It depends. If you are the worrying type, then I would worry, because state officials from the penitentiary phoned me, and I don't know what your friend will tell them to remain out of trouble. If you could care less what anyone says until the handcuffs go on, then you have nothing to worry about right now, because you are not in handcuffs. Good luck.



Can I switch attorney's in the middle of a workman's comp lawsuit?

Question

Can I switch attorney's in the middle of a workman's comp lawsuit?



Answer

Yes. If you want a referral to a lawyer who will fight for you and give great customer service, give us a call at (800) 517-1614.



Hello,I own 100 of the shares of a California S-Corporation. I am currently not married, but am curious, if I were to get married and later...

Question

Hello,

I own 100% of the shares of a California S-Corporation. I am currently not married, but am curious, if I were to get married and later divorce, what would happen to the S-Corporation? Would my ex-spouse be entitled to half of my shares? What about if the business increased in value? Would she be entitled to that? Would I be better protected if the S-Corp was a C-Corp?

Thanks in advance for your help!

-J



Answer

First off, it makes absolutely no difference if the company is an S or C corp. An asset is an asset is an asset. It may be community property, quasi-community property, or separate property at the time of a divorce, but it's still just an asset.

As for what happens to that asset if you marry and later divorce, that is a LOT more complicated and will depend on what happens with the company and why during the marriage. It is clearly separate property at the time marriage. Unless there is an affirmative transfer from separate property status to community property status during the marriage, it would almost certainly not become full blown community property. It could, however, become quasi-community property, meaning the marital community might acquire an interest in it that would have to be bought out or otherwise accounted for in a divorce.

That happens because the fruits of work during the marriage belong to the community. So if you are a salary earner and you put away savings from your work during the marriage, that is community property, as is any return you make on investing it. Passive asset growth is not, however, community property. So if you own 100 shares of Widget Corp before you are married and they double in price over the term of the marriage, that appreciation remains separate property.

As you can imagine, that gets kind of complicated pretty quickly when your business is your job and it increases in value due to your labors as you grow your business. How much is appreciation of the asset, and how much is "sweat equity?" That is the stuff that divorce trials are made of. A good fair pre-nup that agrees in advance how the business will be treated and valued in the event of a divorce is a really good idea in such situations.



Answer

I agree with Mr. McCormick. Right now, the shares in the company are separate property. Whether or not the community acquires an interest during the marriage depends on what happens during the marriage.



'Sibling A' was named executor in a will from Father in 2000. 'Sibling B' was named executor in a newer will from Father in 2010. Father jus...

Can I buy paper and stickers with Disney characters on them, cut the paper to fit my product, sell the product online and use the names of t...

Question

Can I buy paper and stickers with Disney characters on them, cut the paper to fit my product, sell the product online and use the names of the characters on the website?



Answer

NO! This would be both copyright and trademark infringement.

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

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

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



My wife had an affair and is pregnant with the other man's child. We will remain married. All three adults want the other man to be recogniz...

Question

My wife had an affair and is pregnant with the other man's child. We will remain married. All three adults want the other man to be recognized as the father. Can the other man be listed as the father on the original birth certificate or only on a court amended certificate? Can the child bear the other mans's last name at birth or would that have to be changed later?



Answer

When the child is born, you are presumed the father by statute. The statute can be overcome but requires a paternity action and a declaration you are not the father. Prior to the birth you need to discuss this with an attorney so that you do solidify the presumption.



What is going to happen to me if I'm held in family court and to be adjudicated in civil contempt?for not forcing my boys to write their fat...

Question

What is going to happen to me if I'm held in family court and to be adjudicated in civil contempt?for not forcing my boys to write their father in jail for life plus 30?which they don't remember can I be put in jail by the general magistrate for repeated failure to comply?



Answer

Highly unlikely you will be held in contempt of court for that. You should have a lawyer at the hearing though.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

[email protected]/* */

www.careyandleisure.com



I am assisting a friend in Milwaukee Wisconsin to file for divorce. He has been married for twelve years - when he married his wife she had ...

Question

I am assisting a friend in Milwaukee Wisconsin to file for divorce. He has been married for twelve years - when he married his wife she had two children a five year old son and a six month old daughter. My friend has raised these children, their biological fathers are not in the picture and they refer to my friend as dad, but he never legally adopted them. About seven months ago his wife began disappearing for days at a time, this turned into weeks and than almost a month. When she disappears no one knows how to reach her not even her parents. She will come home every now and than for a night than leave again. When she does come home she is usually drunk (she is an alcoholic) and starts fights with my friend and the seventeen year old son. She has also been buying and abusing prescription drugs. Her kids want to stay with my friend (their father) and he wants custody of them in the divorce. The question is how does he go about doing this? Would he complete divorce with minor children forms or divorce without minor children forms and than something else regarding custody? He can't afford an attorney which is why he is attempting to do this on his own.



Answer

Third party custody is no simple matter. First, it requires that both parents be served with the action if the father is adjudicated - whether he is involved in their lives or not. Second, a showing of endangerment would be required since biological parents are presumptively fit to care for their children. Your friend will need experienced legal counsel.



My ex has not filed personal service with the court to set aside judgment of nullity. Only attoreny to attorney. What is the family code to ...

Question

My ex has not filed personal service with the court to set aside judgment of nullity. Only attoreny to attorney. What is the family code to show that they must file the personal service? Also, if they don't file it, does the court have jurisdiction to move forward? Thanks!



Answer

Only the petition and original summons get served by personal service. Once the parties have attorneys, the attorneys serve each other by mail. Personal service on the parties of a motion to set aside a judgment of nullity is not required.



Answer

Mr. Roach is basically right, but for others who read this answer I want to clarify a technical error. The petitioner (or the plaintiff in a regular civil case) submits to the jurisdiction of the court by filing the petition (or complaint or other original pleading in a case). Until the respondent (or defendant) makes a "general appearance," personal service of all documents is required. Filing pretty much anything other than an objection to jurisdiction or venue, or appearing in person at any court proceeding except to object to jurisdiction or venue, is a general appearance. Once the respondent has made a general appearance in the case, they have submitted to the jurisdiction of the court. At that point, both sides may serve each other by mail at the address provided in the papers filed with the court - if that address is an attorney's office, then that is the person who is authorized to receive service for the rest of the case unless they file and serve a withdrawal from representation. Personal service is only required any time after that if the party serving is up against a deadline and does not have the five extra days you have to give when serving by mail instead of in person.

Therefore, it is not technically correct that once the parties have attorneys they serve each other by mail. Only once an attorney has made a general appearance is mail service allowed. Since the petitioner's attorney must have made a general appearance in order to obtain a judgment, however, Mr. Roach is correct that service by mail is all that is required for a motion to set aside the judgment.



At our last hearing my ex was ordered to return overpayment of child support. At that time her attorney stated, "she has the money and can r...

Question

At our last hearing my ex was ordered to return overpayment of child support. At that time her attorney stated, "she has the money and can return it within days". Since then my ex has made no attempt to return the money. I contacted her attorney who now says he no longer represents her. How long is considered reasonable to wait for her to return the money? And if she doesn not, what options do I have to enforce the Court's order? Thank you?



Answer

Make sure the court's order was in writing. If she was present at the hearing, you don't have a problem enforcing the order through contempt. If she was not present, you are going to have to have her personally served with a copy of that order before you can pursue contempt proceedings.



My husband gave me permission to get prequalified for a loan. When they called to verify the information I acted like I was him. They told m...

Question

My husband gave me permission to get prequalified for a loan. When they called to verify the information I acted like I was him. They told me I had committed a felony and were calling the police, did I break the law?



Answer

Very possibly yes. If they have threatened prosecution, get yourself a lawyer.



Answer

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

Good luck



Is it legal for a co-worker to record you at work because your speaking Spanish and it thinks your talking about them.

Question

Is it legal for a co-worker to record you at work because your speaking Spanish and it thinks your talking about them.



Answer

No. Recording conversations in California without the consent of all parties or a court order is a crime.



How can I get out of a martial arts contract

Question

How can I get out of a martial arts contract



Answer

Kick your way out of it. (Kidding)

Read the contact and see is there are any options to cancel. Also, if the studio has failed in some fashion to meet its end of the bargain you can use that to get out of it. If none of that, ask the studio if you can be voluntarily excused from it. You'd be surprised, most people are understanding and will accommodate if you are also fair to them.



Is it legal in Ohio to leave a 16-year-old boy alone to stay in a hostel for a period of 2-3 weeks?

Question

Is it legal in Ohio to leave a 16-year-old boy alone to stay in a hostel for a period of 2-3 weeks?



Answer

To properly answer your questions, we would like to provide you with a free consultation. To schedule your free consultation, please call James Luna at 1-800-297-9191 or email [email protected]/* */

Your consultation can be conducted either over the telephone or in-person.

Thank you.



lost contact with attorney over my case, DWI, class b misdemeanor, first offense, no longer know if my lawyer withdrew and if so will I have...

Question

lost contact with attorney over my case, DWI, class b misdemeanor, first offense, no longer know if my lawyer withdrew and if so will I have a bench warrant, currently in California no longer in texas, can I get a DL in California, and how do I deal with my problem if I happen to have a bench warrant?



Answer

There are many facts left out of this question that I would want to know. But first, what county is the DWI pending in? You should contact the court's administrator and he/she can tell you the status of the case and if a warrant is active for your arrest.

If you have a warrant, I suggest you retain competent counsel to assist you in getting the warrant recalled. Your case will then go back on the docket and the attorney may appear on your behalf.

The pending DWI will not affect your ability to obtain a California DL. However, a conviction on this case may suspend your DL in Texas and the new one in California.



My apartment manager left a business card in my door, with the amount I owe written on it, and a threat of eviction. My neighbor found it on...

Question

My apartment manager left a business card in my door, with the amount I owe written on it, and a threat of eviction. My neighbor found it on the ground, and read it. is it legal to just leave that information blowing around in public?



Answer

Probably not.



My landlord has caused me to lose my previous job, (as well as, possibly lose my current job among other things), due to shutting off applia...

Question

My landlord has caused me to lose my previous job, (as well as, possibly lose my current job among other things), due to shutting off appliances and I had to use my transportaion money, for getting to and from work, to purchase ready-made food (fast food), as our food we previously bought couldn't be cooked and went bad, and now wants to evict us due to back rent owed. Can he evict us ?



Answer

Might be able to evict you but you probably have a defense for turning off utilities or even a claim for that. Feel free to contact us at [email protected]/* */ if you wish to discuss further.



Why are carburetors still used in drag cars and muscle cars as oppose to these cars using an electronic based fuel delivery system?

Why are carburetors still used in drag cars and muscle cars as oppose to these cars using an electronic based fuel delivery system?
You forgot to add: NASCAR race cars also have carbs. Fuel injection systems simply do not have the power or top speed. Most of the "muscle cars" from the 70's (and other cars), all had Carbs back then.

We have a car that was financed by our mother who has passed away. The bank has told us, pay in full, refinance the car with someone else, o...

Question

We have a car that was financed by our mother who has passed away. The bank has told us, pay in full, refinance the car with someone else, or turn in the car. If we opt for returning the car - are we liable for anything since we have been making the payments?



Answer

The difference between the balance of the loan and the net amount received for the car will be the deficiency balance of the loan. Your mother's estate will be pursued as the debtor for that debt. If you opened a probate estate there is a limited period during which creditors can pursue their claims. Otherwise, you could negotiate a settlement with the bank to satisfy the deficiency balance.



Answer

My advice is to turn in the car, and walk away. If you have not signed on the loan, you are not liable. Legally, it's your mother's car, and her debt. If the car is worth more than the remaining lease payments (which is generally unlikely), you may want to take over ownership by refinaning.

I agree that the difference between the balance of the loan and the net amount received for the car will be a deficiency. However, only your mother or her estate is liable for that deficiency, unless you also signed the loan documents. You won't inherit any of her debts.

If you made car payments, that doesn't make it your debt. However, if you kept using the car after your mother died, you may be liable under some theory of liability for rent to the estate or the owner of the car, i.e the lender.

If there was no formal probate estate opened for your mother, the creditor has two years from the date of your mother's death to open one by filing in the probate court and try to collect against other assets your mother owned at death. Most creditors don't pursue that option because of the expense and the "risk/reward" considerations.



I am the executor of my mothers estate. The county in which I live in Virginia is coming after me for estate fee's. There is no money in her...

Question

I am the executor of my mothers estate. The county in which I live in Virginia is coming after me for estate fee's. There is no money in her estate and in fact I have paid a large amount out of pocket already for other taxes and fee's. I feel strongly this should be split 4 ways between my siblings and me. What would happen if I don't pay all that is due? I have already paid my 4th.



Answer

If this particular fee is only applicable to executors, then your siblings would

have no responsibility for sharing in its cost (assuming that none are named as

co-executors for this estate).

Nevertheless, as I have never hear of Virginia localities attempting to levy taxes or fees on estates, you might want to check on this particular county's legal

authority for doing so.



Wednesday, November 26, 2014

I was convicted of a Felony that was later reduced to a misdemeanor. When I am asked wheter or not I have ever been convicted of a felony on...

Question

I was convicted of a Felony that was later reduced to a misdemeanor. When I am asked wheter or not I have ever been convicted of a felony on applications or questionaire forms, is the correct answer yes or no?



Answer

The correct answer is yes, unless you also got the conviction expunged. Then you CAN answer no, however, even though that's legally the correct answer, if they see your record, they may think you lied..... David Wallin



Answer

If the felony has been reduced to a misdemeanor, then the answer to whether you have ever been convicted of a felony (if that is the only charge) is "no." If the question is whether or not you have been convicted of a crime, the answer is yes, unless you have been granted a dismissal pursuant to Penal Code section 1203.4, commonly called expungement.



Can a landlord attach to a tenant's disability check in the same way as attaching to employment wages with a writ of execution?

Question

Can a landlord attach to a tenant's disability check in the same way as attaching to employment wages with a writ of execution?



Answer

No. They can't. They can only attach your wages for back rent.

John



My psa states my ex is primary residence for school purposes only and he gets him on his two nights off per week. Now my son goes to school ...

Question

My psa states my ex is primary residence for school purposes only and he gets him on his two nights off per week. Now my son goes to school in my district so I filed a motion to chahange the custody agreement and we have to go to mediation. My problem is my ex has threatened to pick my son up from school and not bring him home and its not his night to have him. Can he legally keep him from me



Answer

I would have to see the PSA. Call me at 732/773/2768 to discuss.



If I resign from a university faculty position, can the university force me to pay them back for an air ticket that was purchased in my name...

Question

If I resign from a university faculty position, can the university force me to pay them back for an air ticket that was purchased in my name to attend an academic event? If I resign I will no longer need to go to the event, but I am being threatened with having to repay the $1000.



Answer

So, how was this ticket purchased in your name under circumstances which would necessarily obligate you to repay this university in the event that you failed to attend the academic event (for whatever reason) which was the reason for its purchase?

Perhaps, a provision in your contract of employment with this institution which

you have failed to mention?



If my name isn't on the birth certificate how do I get rights

Question

If my name isn't on the birth certificate how do I get rights



Answer

You need to file an action to establish paternity and custody through your local family division court.



I am 16 and my Parents got divorced legally do I have to go with my dad on his days or do I have a choice on whether or not I can go or not,...

Question

I am 16 and my Parents got divorced legally do I have to go with my dad on his days or do I have a choice on whether or not I can go or not, also they have equal share on me and my sister but I thought I had a choice since I'm 16 years old. Bu I did not get any say so in how they were gonna do the equal share stuff they did it all by their selves without asking me or my sister. They always tell me that I have to go to my dads or they both can get in trouble and this other crap. Thats why I really wanna know.



Answer

Your parents are correct; you have to abide by the time-sharing schedule or your mom can get in trouble for not sending you to your dad's, and vice-versa. If a party is not abiding by a court order (and their out-of-court agreement became a court order when they submitted it to the court), that party can be held in contempt. The sanctions could include fines or even jail in the worst cases.

Until you are 18, you do not have a choice in where you live. I know it's frustrating, but both of your parents want to spend time with you, which is why they agreed to equal time-sharing. They only get two more years with you until you're an adult and you go off to college. So, try to make the most of it. There are a lot of kids whose moms and dads couldn't care less about them or about spending time with them, so count yourself lucky! If they were able to work the agreement outside of court and they're both on the same page, that means they're doing what they are supposed to do as co-parents -- working together and putting you and your sister first in their lives!



This is similar to in nature to this thread: http://www./legal-questions/massachusetts-consumer-law/small-claims-court-questions-alice-61477...

Question

This is similar to in nature to this thread: http://www./legal-questions/massachusetts-consumer-law/small-claims-court-questions-alice-614770601/

My scenario goes like this: Alice sues Bob for $3000 in Small Claims (for a partially executed contract with Bob's client). The contract has Bob's contact information, but the company listed is Bob's client.

Bob has explained to Alice that she is suing the wrong company (and provided not only proof of this fact, but told Alice how to reach the proper target). Bob even produced an email chain where Alice was clearly informed that the "service contract" was for Bob's client, not Bob's company. And Alice received partial payment directly from Bob's client, not Bob.

Alice proceed to sue Bob's company anyway because the real target is "uncollectable." This action will likely force Bob to travel to MA to answer the complaint ($800 for flight/hotel/car on a popular travel website), and in the process, lose two days of billable hours (call that $500/day).

1. If Bob files an "answer" document with the court, is there any chance that the judge will toss it out and travel and lost wages can be avoided?

2. What document from the plaintiff or the court would Bob need to be "certain" that the case was dismissed or withdrawn?

3. Does Bob file a counterclaim in MA Small Claims to recover travel and wages lost?

4. Does Bob instead file a Malicious Prosecution civil suit against Alice with the expected damages attached?

Whatever help you can provide would be greatly appreciated.



Answer

Please do your own homework.



I'm thinking about divorce. When I got married, my wife basically had no assets but she did work. Since marrying, we now have a child and sh...

Question

I'm thinking about divorce. When I got married, my wife basically had no assets but she did work. Since marrying, we now have a child and she has stopped working. I own a home outright (which we live in today) as well as personal and IRA assets worth about $1M today (which were worth about $600k) when I got married. I never contributed or withdrew any money from my personal or IRA brokerage accounts during the marriage. Do I get to keep the home and brokerage accounts as separate property?

I am in California



Answer

If you never made deposits to the brokerage accounts, they should be separate property. If the home was paid off before marriage, and you made no improvements (not maintenance, but improvements) during the marriage, it would probably be separate property too. If you had a mortgage and/or equity line on it when you married, that was paid off after marriage, then it will require a careful analysis of the financial facts to determine what interest the community might have in the house. You don't ask, but you also need to expect to pay spousal and child support. Depending on the totality of your family and personal finances, those assets are not likely to be, but could be, a factor in the support calculations.



What are the different kinds of tools use in drafting?

What are the different kinds of tools use in drafting?
There are many tools used in drafting. Things such as pens, drawingboards, T-squares, drafting machines and computer programs are allused to aid the process.

What will happen if I discontinue paying on my credit cards?

Question

What will happen if I discontinue paying on my credit cards?



Answer

You should consult with a bankruptcy or debt relief attorney in your area. This is a question that can only be answered after an attorney learns of your entire financial condition.



Answer

If you stop and do nothing, the odds are that at least one of your credit cards may go to a lawsuit. I have had some clients who have never been sued and I have other clients with multiple credit cards who have had every single card go to judgment. So there is no way for an attorney to accurately predict what will happen. It depends on the creditor; some sue and some do not. Of the ones who do not, some of them sell the debt off to a junk debt buyer who will sue.

A lot also depends on your assets. If you have a lot of assets, a lawsuit is much more likely in my experience.

I agree with attorney Love. While you do not necessarily need a bankruptcy attorney, you do need to consult an attorney about your situation. In this way the attorney can review your assets, income and debts and come up with a good idea as to the best method of attacking them. Unless you are elderly, have no assets and are on a fixed income, doing nothing is really not an option. Bankruptcy is certainly an option, but I don't think it should be the option of first resort unless your debts are really overwhelming and you just have a strong desire to be done with this and get a fresh start. In between is resolution - either through debt management or debt settlement. Which is "better" for you depends on your assets, income debts and overall circumstances.

I give free email consults (just to give you an overall direction) and charge $50 for a more in-depth 30-minute phone consult. Please contact me at [email protected]/* */ if you are interested.



Can a maternal grandmother living in Iowa get legal custody of her granddaughter (lives in Missouri) due to the mother not providing adequat...

Question

Can a maternal grandmother living in Iowa get legal custody of her granddaughter (lives in Missouri) due to the mother not providing adequate living conditions and being in/out of jail for theft? The child's father is not involved and not listed on the birth certificate.



Answer

We do have a statute that would allow for this. However, you will need to file the lawsuit in MO. If the mother and child live within any of the many jurisdictions where I practice regularly, I might be able to help you myself. I have handled several similar cases during the 35 years I have been practicing law. If the case is outside of my range, I might be able to help you find a good lawyer. Feel free to contact me directly.



Answer

If you can prove she is unfit and the father also, you can get custody. An easier approach is guardianship.



Do I have to File for I-130, if I am a Cuban born/ naturalized citizen of the US and I want to adjust the status of my wife ( non-cuban who ...

Question

Do I have to File for I-130, if I am a Cuban born/ naturalized citizen of the US and I want to adjust the status of my wife ( non-cuban who entered the US legally but stayed after the allowed time frame)



Answer

Yes, you need to file the I-130, I-485 & other forms & documents. For more information, see: http://www.uscis.gov/family/family-us-citizens.



Answer

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



Hello,My wife filed for divorce, she just want to walk away. I received the papers from the court. What does it mean when the papers say " y...

Question

Hello,

My wife filed for divorce, she just want to walk away. I received the papers from the court. What does it mean when the papers say " you must enter a written appearance in person or by your attorney?"

Thank you very much.



Answer

It means you should fill out the appearance form at the clerk's office, or have your attorney (preferable) do it.



Tuesday, November 25, 2014

How can join gigolo group?

How can join gigolo group?
yes i am joining

How many rupees is 1 quadrillion?

How many rupees is 1 quadrillion?
1 quadrillion rupees.

I was on L1B visa until June 2014 and I filled my H1 in April 2014 and my H1 approved in August 2014. As my L1B I-94 is expiring in June 201...

Question

I was on L1B visa until June 2014 and I filled my H1 in April 2014 and my H1 approved in August 2014. As my L1B I-94 is expiring in June 2014, I filled H4 (As dependent for my wife) to allow me to stay in USA. My H4 is still in initial review.

Question : In case my H4 gets approved between now and October 1st, will my H1 automatically take effect from October 1st or do I need to file for any change of status?. If I need to file change of status, on what date I have to file so that I can work from October 1st?



Answer

You do not need to file for a change of status from H-4 back to H-1B. Your H-1B status will take effect as soon as you begin H-1B employment. However, if the H-4 is denied, then you will have accrued a few months of unlawful presence.



I was arrested with someone who was breaking into cars, but I was not. I was in my vehicle and picked him up and dropped him off. I ended up...

Question

I was arrested with someone who was breaking into cars, but I was not. I was in my vehicle and picked him up and dropped him off. I ended up going to jail that night, and was in there for 4 days. I was released on SOR. My charges were dropped and not filed due to lack of evidence, and basically i was just a driver. They impounded my car and I am working to get it out. They are saying $5000 to get it out or it goes to the courts for trial in 11 days. My charges were dropped, I didn't get convicted of this crime nor am i guilty. How are they allowed to keep my truck? I dont understand. He may be in jail and have charges against him but I dont, and it is MY vehicle. I dont even know the guy personally. Please help, i don;t know my rights with this. Not even the lawyer for the impound is helping me. She is being USELESS. I need some legal advice on this ASAP



Answer

Unfortunately, no one on this forum can answer your question because you have an attorney. Insist on getting a proper explanation, or else hire a new attorney.



What are the release dates for 7 Lives Xposed - 2001 Anything Goes?

What are the release dates for 7 Lives Xposed - 2001 Anything Goes?
7 Lives Xposed - 2001 Anything Goes was released on:

USA: 25 February 2006

Immigration From SpainMy boyfirend came here from Spain with a visa, he graduated from Highschool with honors, but overstayed his visa. He ...

Question

Immigration From Spain

My boyfirend came here from Spain with a visa, he graduated from Highschool with honors, but overstayed his visa. He was adopted but after he was 18. What can we do to get him papers to stay in the United States?



Answer

Re: Immigration From Spain

The best solution is marriage. His parents will not be able to help him at this stage. You can contact me for a consultation and we can review all your immigration options.



Answer

Re: Immigration From Spain

Since your boyfriend was adopted after he turned 18, he will not be able to get any immigration status through his parents. If he were to marry a U.S. citizen, then his spouse could file a visa petition for him, and he would eventually be able to obtain permanent residency. Your boyfriend should be sure to not travel outside the U.S.

Dilnaz A. Saleem

Attorney at Law



Answer

Re: Immigration From Spain

Marry him.



What is the weakness of the printed media?

What is the weakness of the printed media?
21st century attention spans are too short to even finish a sente...

Something in a bedroom that starts with the letter K?

Something in a bedroom that starts with the letter K?
key or keychain

If a female (15) and a male (17) conceive a child, will the male be allowed to sign the Childs birth certificate with out getting in trouble...

Question

If a female (15) and a male (17) conceive a child, will the male be allowed to sign the Childs birth certificate with out getting in trouble? (The male will be 18 years old by the time the child is born and the female will be 16.)



Answer

I don't know what "trouble" means. Yes, the police and DCF may become involved.



How long can county jails keep someone before they sentence them

Question

How long can county jails keep someone before they sentence them



Answer

Need a lot more information to answer this question.



I have a court order on visitation for my mental retarted daughter but i don't want her father to take her to his house because he live with...

Question

I have a court order on visitation for my mental retarted daughter but i don't want her father to take her to his house because he live with two sex offenders what can i do?



Answer

I assume that the order gives some kind of access to the father.

If that is the case, you'll need to go back to Court to get the order modified. Otherwise, Dad is entitled to possession, and if you deny it, he can sue you for contempt.



I went to court to fight my careless driving ticket. Judge said he would notify me by mail. I see there is a status check, am I supposed to ...

Question

I went to court to fight my careless driving ticket. Judge said he would notify me by mail. I see there is a status check, am I supposed to go to court for the status check? I didn't receive anything in the mail saying I should appear.



Answer

Usually the status check means the judge is checking to see that you or your attorney complied with something. For example, to see if you took a school, or got your license, or any other number of things a judge could require. If in doubt, go to court. Or hire an attorney to figure this out for you.



I just moved from another state into Florida. I had a will, a living will and a health care proxy drawn up while in the other state. Are the...

Question

I just moved from another state into Florida. I had a will, a living will and a health care proxy drawn up while in the other state. Are these documents valid in Florida or must they be done again?



Answer

Should be reviewed and most likely modified for Florida law.



Answer

As Mr. Pippen states as long as they conform with Florida law than they are valid. Have them reviewed to make sure.



If there is a guardianship order on a 17 year old child and said child runs away can the guardians legally make said child return to their r...

Question

If there is a guardianship order on a 17 year old child and said child runs away can the guardians legally make said child return to their residence



Answer

Are you sure that you have a guardianship? That is handled in probate court. It is totally different than conservatorship which is granted in family courts. They are totally different. A guardianship might not end when the child turns 18 - it goes on until the judge removes it. The "child" has no rights & is under a court's control for their entire life if necessary. So you might need to have an attorney review your paperwork.

You can certainly call your local policing agencies (police, sheriff or constable) and see what they will do. In Texas, a child is a minor until the moment they turn 18. However, sometimes the policing agencies won't want to get involved with 17 year olds.



My husband and I are seniors and our only income is from social security. We have a lot of credit debt due to dentist and medical bills. We ...

Question

My husband and I are seniors and our only income is from social security. We have a lot of credit debt due to dentist and medical bills. We own a mobile home free and clear but we have no savings left and the house is not selling. Should we consider bankruptcy in order to keep our home?



Answer

You need to meet with an attorney as there are other options. I am not sure where you are but if you would like I would be willing to talk to you on the phone. 818 345-0123



Answer

Depending upon the value of your mobile home and other property as well as your place(s) of domicile within the past 3 years, California exemptions might permit you to protect your property and eliminate your debt in chapter 7 bankruptcy.



My dad's assets are $15,000 and his will was revised January 2014 to be split among 3 parties. The lawyer says his estate now needs to go th...

Question

My dad's assets are $15,000 and his will was revised January 2014 to be split among 3 parties. The lawyer says his estate now needs to go through probate. With his estate less than $100,000 how much of the $15,000 should I expect to pay the lawyer?



Answer

Although the estate falls below the small estate threshold, there may be very legitimate reasons the attorney is recommending probate. The expected fees should be explained to you. Generally, the fees would depend on the time involved, which may depend on how easily the estate can be administered (cooperation among legatees, number of creditors, filing of taxes, ...). In addition, you should be sure you understand why the attorney is recommending probate. It sounds like he or she has told you it is necessary, but that the basis for the recommendation was not discussed. If you are speaking with his attorney, understand that you may consult others if you feel more comfortable. If the cost of administration is not worth it, you may wish to reconsider whether to pursue the matter.



Answer

Did your father own any real estate? Ask "the lawyer" why he or she is recommending probate.



My 26 yr old daughter works for an eye dr...iI have an outstanding balance...they gave my daughter my bill with my info on it and wrote on h...

Question

My 26 yr old daughter works for an eye dr...iI have an outstanding balance...they gave my daughter my bill with my info on it and wrote on her time card this was going to be taken out of her paycheck...They did not get an ok from me or my daughter...they just held money from her paycheck...my daughter needs this job but what do I need to do..



Answer

What this doctor did is ILLEGAL. He is a thief and a scumbag.

Your daughter needs to file a complaint with these folks:

http://www.twc.state.tx.us/twcinfo/contact-us.html



If I leave the house and get an apartment will I lose my rights to my home

Question

If I leave the house and get an apartment will I lose my rights to my home



Answer

What do you mean by rights?

Are you married? If so, it may serve you better to file for divorce or a legal separation to establish your rights.

When was the house purchased? (before or after the marriage, if you are married)

Who is on the deed?

Do you have minor children?

All these things are important to answer your question.

Also licensed in New York.



Hi I was wondering do I have a lawsuit against my ex husband who gave me chylamydia while I was pregnant?

Question

Hi I was wondering do I have a lawsuit against my ex husband who gave me chylamydia while I was pregnant?



Answer

Almost certainly not. Especially if you have been treated and recovered now.



I was a co-trustee of my mom's revocable trust and my descendants, a sub trust of my mom's.I resigned as co-trustee and designated a success...

Question

I was a co-trustee of my mom's revocable trust and my descendants, a sub trust of my mom's.

I resigned as co-trustee and designated a successor trustee.

I am unhappy with him. he has neglicted to pay bills on time,been unresponsive to the ohter 2 co-trustees, ignored concerns and requests fom me, title company, my sisters, banks, ect....

He finally messed up a very important deal for me by basically lieing to me a making up stipulations that the other parties did not agree to.

I no longer trust him and need him removed.

I wish to handle my own bills but have someone be in charge of the continual proceeding w/ the liquidation of company, estate and contact w/ involved parties.

My mom's house is closing on 4/28 and the title co wants to issue the check to his name. Scares me. IU thought he was a trustworthy individual, he's proven otherwise. This check will be a third of the house which will be approx 64K.

I don't want him to have it.

How can I remove him.



Answer

you will need to review the terms of the trust for removing a trustee. your best option is to hire an attorney to handle this for you. after an attorney reviews the case they will be able advise you on how to proceed



In our condo we need "80 per cent of owners in number and common interest" to change a by-law. we have 176 units. Do all 176 owners have to ...

Question

In our condo we need "80 per cent of owners in number and common interest" to change a by-law. we have 176 units. Do all 176 owners have to vote or can we count only the number of votes cast?



Answer

You need 80% of the owners who are eligible to vote. And collectively, they have to own 80% of the common elements. Each condo unit has an allocated share of the common elements. You have to pass both tests.



Do police station breathalyzer machines automatically print out breath test result on paper ?

Question

Do police station breathalyzer machines automatically print out breath test result on paper ?



Answer

Some do while others don't (my opinion).



i have a three year old DUI the courts say i must have FR44 insurance for three years now DOT in Tallahassee said its from the court date do...

Question

i have a three year old DUI the courts say i must have FR44 insurance for three years now DOT in Tallahassee said its from the court date dose duval county have law that says its from the reinstatement date ?????



Answer

Statewide, the DMV always start things like insurance and some suspension issues from date of conviction not the date of offense.



I am a bus driver and my employer says I may not be entitled to over time pay. I clock in at 5:30 a.m. and I clock out at 3:30 p.m. I take a...

Question

I am a bus driver and my employer says I may not be entitled to over time pay. I clock in at 5:30 a.m. and I clock out at 3:30 p.m. I take a 30 minute lunch. I do not have a split shift but I do have some "wait time" in between my bus runs. My routine is always changing and I have to be flexible. Does my employer legally have to pay me even though there is "wait time"



Answer

Except to say that, generally, workers who work more than 8 hours a day, or 40 hours week, should get overtime pay in California, there are exceptions/special issues in respect to certain workers. You seem to be saying that you are working a 9.5 hour day but do not state how many hours a week you work. One possible issue is whether you drive your bus across state lines. If you want to sent me an email with that information (your hours of work per week and whether you are driving a bus going across state lines or are a relief driver, say for Greyhound, for bus that has gone over state lines with passengers) I will respond further. You can email me leongreenberg at overtimelaw.com



How long do i have to wait to file legal seperation papers in the state of Virginia. We have 1 child together and he is currently incarcerat...

Question

How long do i have to wait to file legal seperation papers in the state of Virginia. We have 1 child together and he is currently incarcerated on a charge of ASSAULT MALICIOUS WOUNDING STAB/CUT/WOUND W/MALICIOUS INTENT (grade A)(degree 3) although he is not yet convicted. I do not want to be with him ever again. I want to be able to divorce as quickly as possible and need to know if i even have to file seperation papers and if i do how long i have to wait.



Answer

One year of uninterrupted living separate and apart and without cohabitation, per Va. Code Sec. 20-91 subsection (9.)(a.). Subsection (3.) of

this statute would not appear applicable to your situation since your husband apparently has not yet been convicted of any felony charge.



I am a 17 yr old female in Maryland,i turn 18 in a month and a half. my mom and I are not getting along, I havn been staying with my boyfrie...

Question

I am a 17 yr old female in Maryland,i turn 18 in a month and a half. my mom and I are not getting along, I havn been staying with my boyfriend who is older and on probation, I know our relationship is not illegal but if I do decide to leave is there any recourse that my mom could use to make me come back home, and cause problems for my boyfriend?



Answer

You are under the legal custody of your mother until you turn 18, but in view of the proximity of your birthday, it probably wouldn't be worthwhile for her to take court action to require you to come home for such a short period of time.



Monday, November 24, 2014

I bought a house back in 1999 that was a foreclosure. Today, while I was trying to refinance, the title search came up with a lien against t...

Question

I bought a house back in 1999 that was a foreclosure. Today, while I was trying to refinance, the title search came up with a lien against the house from the previous owner. I checked all my original documents from 1999 and saw that I paid for a owner's title insurance but never received one. I tried to contact the title insurance (Titleserv), but they went out of business. I googled about this company and read that they abruptly shutdown business in 2011 and the FBI have all their documents.

I called the mortgage bank and also the lawyer who represented me as well as the sellers lawyer and they pretty much tell me that they do not have any records since it was over 14 yrs ago. I also tried Fidelity, who according to the paper work, was the insurance company who insured the title. What should /can do to clear this lien against my house? The bank, which is the same that I used when I bought the house, wants to dismiss this title problem in order to refinance but I do not want to until the title is clear.



Answer

The lawyer who represented you at the closing should have the initial title report. It would have been necessary in order to complete the transaction. Ask him/her to go through your file and find it for you. This report would also have the name and title number of the company issuing the title policy as well as any exceptions found at the time of the search. Thge premium you paid for the title insurance requires the title insurance company to remedy any issues which may arise after the closing.



Answer

Titleserv's title work is likely bogus. The quickest solution is a Bar Claim proceeding under Article 15 of the Real Property Actions & Proceedings Law. Feel free to call me at 516-242-1453 to discuss what needs to be done.



If a retail store buys Nike sneakers, alters the appearance, such as color, or adds some patterns on the shoes, then resell those shoes with...

Question

If a retail store buys Nike sneakers, alters the appearance, such as color, or adds some patterns on the shoes, then resell those shoes with a high margin with Nike label on. Would it be some sort of IP right infringement here?

Thanks!



Answer

Yes. Altering a trademarked product falls under the legal heading of "trademark dilution," which means, in general terms, that the right of the trademark owner to be sure that its products reach the ultimate consumer in its as-intended condition (quality, integrity, consistency of design, consumer expectations in all regards, etc. etc.) is infringed by such modifications.

You can't buy a Ford, put a Chevy engine in it, then sell it as a Ford.

Similarly, trademark law includes the right of the trademark owner to be certain that goods sold under its trademark are essentially un-altered -- whether the alteration is an improvement or not, or is fully known by the consumer/buyer at the time of purchase, notwithstanding.



Can I file a workers comp claim with a former employer for a work related injury that was just diagnosed a month ago by a specialist who is ...

Question

Can I file a workers comp claim with a former employer for a work related injury that was just diagnosed a month ago by a specialist who is sure my injury came from a former employer and also says that I will not be able to work until my injury is fully treated?



Answer

This answer to your question depends on answers to very specific questions that are not addressed in your post. So, it might be possible, but it depends. I would certainly consult a board certified workers' compensation specialist in NC ASAP, most of whom will give you an initial free consultation. Good luck! ncworkcomp.com



how long do you have to probate a will, after the death of the person?

Question

how long do you have to probate a will, after the death of the person?



Answer

You have to wait at least ten days after the person dies. Has anyone gone to court to start probate? You should get a lawyer to help you with this.

Robert Davies, Attorney

201 820 3460



I live in NY and was charged with a misdemeanor a few years ago which was later sealed. I received a job working at dunkin donuts in the air...

Question

I live in NY and was charged with a misdemeanor a few years ago which was later sealed. I received a job working at dunkin donuts in the airport and I need to do a fingerprint test. Will this show up?



Answer

Your question is about criminal law, not constitutional law. Please re-post it under that category. More lawyers with the relevant expertise will see it there, and future users with similar questions will be more likely to find it.

Good luck.



I am a salaried employee and I took 2 days off in my 2 week pay period that was approved. Before I left work today, my boss told me the owne...

Question

I am a salaried employee and I took 2 days off in my 2 week pay period that was approved. Before I left work today, my boss told me the owner of my company will not pay me for those days and they will be deducted from my salary. There is nothing in writing explaining that a salary will be deducted and I would not have taken time off had I been informed this would happen. Can they do this?



Answer

Hello. Agreements at times are made orally. Further detail would need to be known in order to advise you appropriately. You may or may not want to bring your issue to an attorney at this time.

Tricia Dwyer Esq

Phone 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

Minnesota Employment Law

Minnesota Wage - Salary Law



My husband and i got married in IL. Last May he moved to KY. Can i legally move out of IL with the kids to FL?

Question

My husband and i got married in IL. Last May he moved to KY. Can i legally move out of IL with the kids to FL?



Answer

Unless a case has been filed in IL regarding the support or custody of the children, you can move. If a case has been filed, then you can not move without court permission.



Answer

Move quickly before husband files a case here, otherwise you'll be stuck. OTOH, if he isn't here and doesn't intend to fight a divorce and you are not in a hurry, you can file here and probably default him.



i rent a rm from a person on probation. there are 2 other renters also(not on probation). Recently the house was raided by 9 or 10 gang and ...

Question

i rent a rm from a person on probation. there are 2 other renters also(not on probation). Recently the house was raided by 9 or 10 gang and drug cops. No P.O.

present at all. they searched the house with the dog. they held us outside for about 6 hours. saying thry were waiting for a search warrant. there was a rental car parked next door on the street. they believed there were drugs in it. which they did find they arrested one tenant for that. they found a crystal like substance on a mirror in my room and said they found a glass pipe under my bed. i have never used a pipe. i was arrested and bailed out. my question, can they legally come in kicking in doors I pay rent for my room.



Answer

Yes.

Your remedy, if at all, is an evidence suppression motion in court to try to prevent the contraband from being introduced against you in your case.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

Hire an attorney.



I would like to know if i am married to my husband but he came into the marriagae with 3 kids and 50,000 worth of child spport debt. Now tha...

i was served a suit for a modification parent/child relationship and there was a rule 11 agreement in which I was told that was all that nee...

Question

i was served a suit for a modification parent/child relationship and there was a rule 11 agreement in which I was told that was all that needed to be done. However, the opposing party wouldnt sign the order. So, we did a motion to sign and basically they revoked the rule 11 agreement. So now I have discoveries to answer and they are way past due. I answered the questions and was told that I could not object because the response are late. Is this accurate? Dallas, Tx



Answer

Generally yes, once discovery responses are past due you can no longer object to the questions although you are still obligated to serve responses. Parties can agree to give each other extensions to respond and that can allow you to make objections if the extension grants the party that ability. That usually doesn't happen. There might be some arguments about the rule 11 agreement to ask the court for some leeway but depending on how long ago that was the argument may not be very meaningful.

It sounds like you are trying to fight this out on your own without the help of an attorney. Modification suits are not simple and you'll keep getting steamrolled by the other side. I strongly urge you to consider hiring an attorney to represent you.



My spouse signed an employment offer stating the company (located in CA) would provide a monetary loan for moving expenses. If he resigned b...

Question

My spouse signed an employment offer stating the company (located in CA) would provide a monetary loan for moving expenses. If he resigned before two years the loan would require immediate repayment. No dollar amount was listed in this agreement. We personally only received $1500 while additional monies totaling nearly $5200 were paid directly by the company to realty companies for terminating our lease in one state and for housing in our new state (CA). A year later he resigned to accept a job offer in another state. On his last day of employment his manager made him sign an unsecured note for the full amount of all monies they paid out due within a week. As the unsecured note states "for value received..." are we legally liable for the entire amount or can we only be held liable for the monies we personally received, $1500? We felt morally obligated to pay the amounts and made an initial payment of $2000 within a month. However, his former manager is now threatening to take further action if we do not pay the remaining amount in full.



Answer

Whatever they paid out, you will have to repay because of his breach of agreement. He also signed an enforceable contract [the note] for the full amount. No mystery here. Work out the best deal and payments you can to avoid being sued. Keep making substantial good faith payments no matter what they say, it will likely keep them from suing.



Hello" I was wondering If my husband needs an Attorney. he went to court and the judge sentence him to a hundred days but before his release...

Question

Hello" I was wondering If my husband needs an Attorney. he went to court and the judge sentence him to a hundred days but before his release day they said a hold has been placed on him from a theft by receiving charge the judge forgot to add in his sentence witch he already been charged with that before but is it possible he may get out for time served when he goes to court?



Answer

He needed a good criminal lawyer the day he was charged with a crime.



Answer

Yes, he needs an attorney.



Recently a warrant was issued for my husbands arrest. The officers who came by the house said he will not be arrested. They just want him to...

Question

Recently a warrant was issued for my husbands arrest. The officers who came by the house said he will not be arrested. They just want him to sign it and get his court summons so he has the date. It is a domestic case involving his sister. She did not press charges so we think the state is pursuing it . Is there such a warrant where you are not arrested you just have to sign for the papers?



Answer

Yes, to show that the warrant has been properly executed so that the Summons to Appear can be issued by the court to the person named in the warrant.



son returned home to live at 26 due to financial reasons, after living home more than three years and having a job, does he need tobe notifi...

Question

son returned home to live at 26 due to financial reasons, after living home more than three years and having a job, does he need tobe notified before telling him to leave?



Answer

Technically, unless he leaves voluntarily, you would need to evict him through the Court.



Is there dower interest in the state of Florida between married people?

Question

Is there dower interest in the state of Florida between married people?



Answer

No. Florida Statutes 732.111 abolished dower and curtesy.



Answer

NO



My brother, sister and myself were named on an annuity that my dad set up. The day of his death his girlfriend withdrew money from our annui...

Question

My brother, sister and myself were named on an annuity that my dad set up. The day of his death his girlfriend withdrew money from our annuity. Is that legal?



Answer

The question is what rights did she have to make the withdrawal?

If she made the withdrawal under a power of attorney or as an authorized person on the account, then she needs to indicate what the purpose of the withdrawal was.

Likewise, if the funds were not withdrawn for a proper purpose, then she needs to repay the money to the annuity or you, your brother and your sister.

More information is needed to know how you should proceed.

I suggest you contact an attorney in your area to discuss the matter.



I had a DUI in New Jersey and live in Maryland. This was back on February 14, 2013 I have completed the driving course, and paid all of my ...

Question

I had a DUI in New Jersey and live in Maryland. This was back on February 14, 2013; I have completed the driving course, and paid all of my fines. I just received a letter from the Maryland MVA for license revocation. I have all of my paperwork to prove completion of the course and that my license is already reinstated in New Jersey. How likely is it going to turn out when I have my hearing that they will end revoking my license?



Answer

No one can guarantee the outcome. An experienced criminal defense attorney, who regularly handles traffic cases, can explain the variables that hearing examiner might consider when deciding whether to revoke. Also, the attorney can explain the process to pursue, if you disagree with the examiner's decision.



I am a 41 year old disabled in a wheelchair female I have custody of a 16 year old girl that snuck teens into my house that had been drinkin...

Question

I am a 41 year old disabled in a wheelchair female I have custody of a 16 year old girl that snuck teens into my house that had been drinking before at a party they were all at and the cops came asked to look I said to my knowledge there isn't anyone here there was no alchol found or taken from my premises everyone in the house blew 0s except the girl and her friends they said they weren't ticketing me then 3hours later came back with social hosting ticket no there refusing my payment on the ticket and the 21days is not up .....?.



Answer

If I were you, I would hire an attorney. It does not seem to me that you are guilty of any crime. I have handled these cases in various Courts over the last 33 years or so. You may contact me directly for a free telephone consultation.



hi, my name is barbara and i'm preparing my divorce papers and had a few minor questions that the self-help was unclear for me to understand...

Question

hi, my name is barbara and i'm preparing my divorce papers and had a few minor questions that the self-help was unclear for me to understand, #1 we are currently still living under the same roof but have not yet lefted, would i need to put the same address as his or can i state the address where me and my kids will be staying at? #2 in forum FL-100 the section "Marriage of... " do i state my maiden last name or the last name i possessed after my marriage.?

thank you so much for taking the time to review my concerns, i hope to hear from you soon. thank you

barbara e.



Answer

You put the address down where you want to receive papers from your ex or the court. You put down your married name, and you need to check the box if you want your maiden name restored.



Can I be cited for a vehicular hit and run, with no damage to my vehicle?I deny all allegations, I did not hit anyone. But I was told even a...

Question

Can I be cited for a vehicular hit and run, with no damage to my vehicle?

I deny all allegations, I did not hit anyone. But I was told even after the reporting officer found no damage to my truck, he still has to issue me a citation by mail, and then I can request a hearing to prove myself. Why do I need to go through a hearing, if the reporting officer himself can't see any damage? He even used the words, probably a case of mistaken identity.

The accuser only has a picture of my license plate. But I can take a picture of anyone else license plate as well. Multiple people have looked for damage, and found nothing, because I didn't hit anyone.



Answer

The Police only need probable cause to file charges-PC is a very low standard in Mass and this happens all the time. You can request a hearing to clear the matter up but be careful what you say in the hearing as anything said can be used if the clerk finds that there is PC to issue a complaint. 774-745-0562



Can step siblings of opposite sex share a bedroom and if so until what age in Michigan

Question

Can step siblings of opposite sex share a bedroom and if so until what age in Michigan



Answer

There is no Michigan statute on this topic. However, after the toddler years, it could be considered inappropriate.



Can a school employee take a picture of a parents license plate?

Question

Can a school employee take a picture of a parents license plate?



Answer

Yes.



Is there any way of reversing reliqinshment of my child.

Question

Is there any way of reversing reliqinshment of my child.



Answer

If there is time, you can ask the Judge tovset aside their Order. zOtherwise, you might have to petition to adopt the child

DG9d luck



My wife has been working under a "verbal" agreement for the last year. She wrote and agreement and gave it to her company which was never ex...

Question

My wife has been working under a "verbal" agreement for the last year. She wrote and agreement and gave it to her company which was never executed - but was followed in daily business operations by the company. She was paid a commission of 20% of the gross revenue when received by the company and was non-refundable to the paying party. The paying party makes two payments to the company, 50% of a contract vale at signing and 50% upon the use of a facility as an event venue. My wife was receiving 20% of the 50% when collected on contract signing and the remaining 20% of the second 50% upon full payment for the event.

The company now wants to pay her only upon the final contract payment in full - not upon the receipt of non-refundable payments as they have been using for operations for the last year. The company is afraid that if the company has to cancel an event, the company will have to refund the payment Any decision to cancel an event will be the company's decision and not my wife's. Can she force the company to continue there procedure which has been in force for over a year? Also, the cash generated from the first 50% payment on all contracts is being used as operating capital for the company. The company is paying other operating expenses from the received non-refundable cash, such as utilities, landscaping, legal, bookkeeping, etc.



Answer

Unless the change in compensation would place her under minimum wage, or unless there is a contract that is agreed to remain in force for a specified period of time, the employee is "at will" and the employer can change the term and conditions of employment at any time, or simply fire the employee if they don't like it. The only thing they cannot do is change the payment rules for pay that has already been earned.



Sunday, November 23, 2014

I rent half a building for my business. The lease is specifically for this half. The other half is currently used as storage and meeting roo...

Question

I rent half a building for my business. The lease is specifically for this half. The other half is currently used as storage and meeting room by the owner. The lease says that utilities are not included, so I pay electric, gas, and water directly. Upon receiving higher than expected bills I was informed that these bills are for both units and a common area, and not just my unit. I've asked him to split the bills, or put them into his name and I'd pay half. He has refused and said he's trying to get someone to rent the other half. He says at that point I should negotiate with them to pay half the bill. I don't see how that's going to work. The utilities are under my company's name so they'll be under no obligation to pay, and it's not like I can disconnect them without disconnecting myself. This is a months-long dispute, and he's not budging. Can this be considered grounds for breaking the lease, or am I screwed?



Answer

It would most likely not be grounds for termination, although I would have to review the lease to know for sure. However, it would likely give you a claim against the landlord for the amounts you pay over your actual usage. But that is a separate claim from your obligation to continue under the lease.

I would recommend you have a local attorney send a demand letter to the landlord seeking past compensation and a fair division of the utilities moving forward.



Answer

You don't tell us the amount of money at issue, or how long your lease is, but you might check with an electrical contractor about the cost of separating the service for your half, then negotiating with the landlord about who pays what.



If I'm a plaintiff suing a dozen defendants and the court has scheduled a hearing that I am responsible for serving all the defendants the n...

Question

If I'm a plaintiff suing a dozen defendants and the court has scheduled a hearing that I am responsible for serving all the defendants the notice to appear what is the efficient allowable way to serve that type of notice?



Answer

If the defendants have appeared in the case (i.e. they have filed papers), then you can simply mail the notice to them. If they have attorneys, the notice would go to the attorneys. Be sure to sign and keep the original proof of service. You can get a form, on line.



Answer

If the defendants have appeared in the case (i.e. they have filed papers), then you can simply mail the notice to them. If they have attorneys, the notice would go to the attorneys. Be sure to sign and keep the original proof of service. You can get a form, on line.



if a company trespasses on marked no trespassing and dumps liquid tar and a cash settlement is verbal between the land owner and the company...

Question

if a company trespasses on marked no trespassing and dumps liquid tar and a cash settlement is verbal between the land owner and the company but the company renigs on the settlement but did return and removed the tar. What is my recourse?



Answer

I assume you are the landowner. Unfortunately, there are too many variables to answer this. You need to speak to a civil litigation attorney. Be prepared to discuss the damage they caused to your property including any evidence you have of this including pictures.

If they caused damage, you may have claims worth pursuing, but if they never caused actual damage and removed the tar, you may not have any claims.



The owner of a small real estate business is sued for an error that occurred five years ago. Since the lawsuit was filed, the business owner...

If I get married and my husband dies am I responsible for his existing debts?

Question

If I get married and my husband dies am I responsible for his existing debts?



Answer

No, but if his estate goes through probate, creditors will get his assets before you if your name is not on them all. Just some wise estate planning and you two should be ok.



What is the oldest county fair in California?

What is the oldest county fair in California?
the dixon California mayfair

Hold Harmless Release FormsIf a student's parent signs a hold-harmless release and the student is injured on the trip is the business that ...

Question

Hold Harmless Release Forms

If a student's parent signs a hold-harmless release and the student is injured on the trip is the business that had the form actually protected?



Answer

Re: Hold Harmless Release Forms

Not sure what you mean by the "business that had the form".

Hold harmless releases are a cost-shifting mechanism that attempt to contractually disclaim liability for negligence, which really cannot be done, and parents cannot waive the CHILD's ability to sue for injuries caused by another party.

I don't have nearly enough information to say anything else here, but don't hesitate to ask for a referral if your child is injured.

Hope this helps. Elizabeth Powell



You went to school your 1997 chrysler sebring 2.5 v6 drove fine after school you went to start your car and the battery was dead a friend gave you a jump you drove about 30 minutes and got home dead?

You went to school your 1997 chrysler sebring 2.5 v6 drove fine after school you went to start your car and the battery was dead a friend gave you a jump you drove about 30 minutes and got home dead?
You need a new battery or a new alternator.

I'm about to file for divorce in California. The house is only under my husband's name. However, I have paid for the house as well. We want ...

Question

I'm about to file for divorce in California. The house is only under my husband's name. However, I have paid for the house as well. We want the house to go to our 2 daughters. In case he or I remarry, we don't want anyone else to be able to get the house. How can we go about making sure that our daughters get the house.



Answer

A marital judgment articulating that arrangement and proper estate planning instruments would be in order.



How do you download music on to a PS3 any free websites?

How do you download music on to a PS3 any free websites?
use your ipod to download the musicbut it may take awhile to download if you have to much music.

Is it illegal to try to hide a crime if the crime is not being investigated?

Question

Is it illegal to try to hide a crime if the crime is not being investigated?



Answer

You can not tamper with or destroy evidence of a crime, but you are under no legal obligation to speak to police.



What stop the regulator from working?

What stop the regulator from working?
depends on vehicle - there is a cable wire and plastic wheels for the cable to ride on...

How do I get my sons dad to relinquish his rights? Our son is now 2 1/2 and he has only seen him once when he was 7 months for less than 24 ...

Question

How do I get my sons dad to relinquish his rights? Our son is now 2 1/2 and he has only seen him once when he was 7 months for less than 24 hours. I had tried to receive child support from him since May of 2012 and he was never to be found to be served. He doesn't call, doesn't text, and is uninterested in being a parent.



Answer

Terminating a parent's rights requires two things: 1) a statutory reason to do so and 2) a finding by the court that termination is in the child's best interest. No paying child support for more than a year can satisfy #1 and not seeing the child except for briefly one time would satisfy #2. If you are interested in doing this you need to talk to a family law attorney where you live. He or she will be able to advise you about local requirements concerning service of citation, appointment of an ad litem attorney for the child and generally what all to expect.



Answer

I agree with attorney Henderson. an attorney can also have him served by alternative methods if he is trying to Dodge child support. that will encoutage him to voluntarily relinquish his rights.



Answer

You need to meet with a private attorney in person and discuss your problems. A private attorney can get him served and get him in front of a judge. It appears that you live in Harris County. Most judges will not terminate unless there is another father in the wings ready to assume the role.

I recommend that you talk to an attorney in person - look on this website or www.avvo.com for an attorney.

www.familylaw4u.com



Saturday, November 22, 2014

How many books has Richard Connelle written?

How many books has Richard Connelle written?
552.

McAfee says Surf The Channel is a possible risk is it safe?

McAfee says Surf The Channel is a possible risk is it safe?
If you don't have any sort of popup blocker, no, it isn't really safe.

Police had arrested a man for shoplifting at Home Depot. Upon searching his car they found fake business checks he created with my informati...

Question

Police had arrested a man for shoplifting at Home Depot. Upon searching his car they found fake business checks he created with my information on the checks. Denver investigator said this was not a crime. Isn't attempting to defrauding a bank a crime? Don't I have some rights?



Answer

It is an attempt at identity theft.

Call the DA's office.



Can a home be included into a trust?

Question

Can a home be included into a trust?



Answer

Yes. However, depending on financial circumstances and whether or not the home is the homestead of the person putting it into trust, it may not be a good idea. Better to seek professional advice before attempting this on your own.



Answer

Yes, a house can be placed into a trust. It's not a DIY affair. There may be tax and homestead implications for doing this.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/



I live an apartment, have for over a year and have four months left on my lease. I received a notice stating that I may possibly be evicted ...

Question

I live an apartment, have for over a year and have four months left on my lease. I received a notice stating that I may possibly be evicted for a material noncompliance. I understand this, but may not have the money to fix what they want and may possibly be evicted. I know they will keep the deposit for repairs. But they may also want the rest of the lease rent which would be around $4000 roughly. If I do get evicted, I will move back to my home state. If I get a subpoena to court, and do not make it, how can I avoid jail, and possibly make payments if they come after me for money? What can I do? Please help.



Answer

No, these days those folks among us who can't pay their rents that may be due

under a lease are not put in jail which can normally only happen in criminal

rather than civil matters such as your situation as described.

.

If you fail to appear in the Virginia court after having been properly served with

a summons, the most that you need to fear is having a civil judgment entered

against you for what the landlord can credibly claim and prove as his or her

damages legally due in the case at that time.



How can you stop daydreamng a lot?

How can you stop daydreamng a lot?
keep your mind busy or write down your thoughts.

What are the release dates for Itsudatte my Santa - 2005 - V?

What are the release dates for Itsudatte my Santa - 2005 - V?
Itsudatte my Santa - 2005 - V was released on:

Japan: 7 December 2005
USA: 11 December 2007
USA: 18 November 2008 (re-release)

Can your driving license be suspended for failurro satisfy a court judgment?

Question

Can your driving license be suspended for failurro satisfy a court judgment?



Answer

Yes. In some situations it can.

Good luck



my website was shut down due to a trademark of a word that was used in my name ... I want to know what I can do to have this situation resol...

Question

my website was shut down due to a trademark of a word that was used in my name ... I want to know what I can do to have this situation resolved



Answer

Check with your web hosting company for their TM dispute resolution procedures. Or consult ICANN for this type of info.



Answer

You have a domain name dispute. Now it's a little odd for your first notice of the dispute to arrive by way of a shutdown. You may have recourse here. I handle domain name disputes. I wrote the CORE UDNRP (the predecessor to ICANN). In effect, I wrote the book on domain name disputes before there was a book. 99% of these are nonsense attacks that have no resemblance to what the law expects or requires. But your experience is off the beaten path...



Answer

Practically speaking, to have the hosting company and/or the party claiming the trademark infringement take you seriously it's best to retain an attorney to review the trademark claims and respond quickly and sternly. Many times just sending an attorney response can restore the service as the hosting company would then be on notice that they are potentially causing damages.

Reviewing the matter and writing such a letter is typically not a costly proposition. If the website is critical for you, then you should consider doing it as soon as possible. Please contact me at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7


Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.



If I signed for my mother to be guardian in probate six years ago while I needed help but my child has been in my home for the last three ye...

Question

If I signed for my mother to be guardian in probate six years ago while I needed help but my child has been in my home for the last three years although not formally filed paperwork in ptobate court but my child is on probation for truancy and I am her parent and guardian on file for the last two years who is now legal guardian



Answer

You should pull the file in probate court to see if the guardianship you signed over was ever dismissed, or if the order granting it was for a specified period of time. If no dismissal and the guardianship did not state that it would terminate after a certain period of time, then she is still the legal guardian, and you will need to file to revoke it.



Answer

Attorney Gardner is correct. If your mother was appointed guardian for the child then your mother is still the legal guardian until the order is rescinded by the court or otherwise terminated. You may need to file a petition to terminate the guardianship for the child if the order is still in place. I would talk to the clerk of the court to see if you would need a lawyer for this and if not to get the forms.

And when you say you are the "parent and guardian on file" for your child, what exactly do you mean? Do you just mean at the school? If so, that means nothing. It is what is in the court's file that matters. And the school records are in error if so because you are not the guardian of the child if there is still a court order.

Again, check the court file first. Then take steps to get the guardianship terminated if need be.



Florida chapter 7 bankruptcy discharge a judgment is included in discharge who files for release of that judgment at courthouse?

Question

Florida chapter 7 bankruptcy discharge a judgment is included in discharge who files for release of that judgment at courthouse?



Answer

In order to discharge a state judgment, a special motion and an order have to be prepared in the bankruptcy. Then a certified copy of the order signed by the bankruptcy judge is recorded in the county courthouse.



I have sole custody of my child. I am not married. However, the father would like to terminate his rights to our child. Is that possible in ...

Question

I have sole custody of my child. I am not married. However, the father would like to terminate his rights to our child. Is that possible in the state of Virginia?



Answer

I want to terminate!

ANSWER:

Well, no. A parent cannot just "terminate" his/her rights to a child. If this were so, every deadbeat parent would simply state, "I terminate access to my child! No child support!"

Virginia rules are clear -- with very limited exceptions, only a court can remove a parents rights. CPS (child protective services) can suspend a parent's rights during certain investigations. A parent may initiate a suit to determine paternity, but may not otherwise renounce his/her biological child.

As a reminder, custody and time spent with the child(-ren) has a significant impact on child support payments.

Do you have a custody or support question? Give us a call at 703-402-2723.



will I go to jail for a larceny charge when im already a felon

Question

will I go to jail for a larceny charge when im already a felon



Answer

If a child takes a cookie and you spank the child, you don't let the child off when he does it again because he's already been spanked for taking the first cookie. In fact, you spank the child even harder the second time because apparently the dum dum didn't learn his lesson. Likewise with adult criminals. Being a felon increases your possibility of doing jail time because apparently you didn't learn your lesson the first time. Its not like they are going to say - well, he's already felon why bother punishing him for larceny.



Friday, November 21, 2014

How long does a seller if a real estate home have to wait for a buyer to get approved financing once a purchase agreement is signed?

Question

How long does a seller if a real estate home have to wait for a buyer to get approved financing once a purchase agreement is signed?



Answer

There is no established period. The parties negotiate the contingency date as part of the contract. If the buyer has been pre-approved, many good lenders will get a loan done in a few weeks. It is common to see a contingency date approximately a month out from date of contract acceptance, but there may be reasons that the buyer would use a longer date and a seller may want to have an understanding of the reasoning before agreeing to too long a date.



Answer

I am guessing you already have a purchase agreement, and the lender is taking longer than desired. In that case, it would depend on the terms of the purchase agreement and the seller's patience. If you do not already have a purchase agreement, then the answer is, whatever the parties agree.



Twilight princess why jovani's cat is missing i got all 60 poes but the cat is never in jovani's house can anyone help me?

Twilight princess why jovani's cat is missing i got all 60 poes but the cat is never in jovani's house can anyone help me?
Getting the 60 poe souls doesn't get Jovani's cat back.

We currently have my husbands son in his custody. He has been sick since wednesday his mother claims she took him to the doctor and they tol...

Question

We currently have my husbands son in his custody. He has been sick since wednesday his mother claims she took him to the doctor and they told her he has the flu. When we called there they said they havent seen him in 2 years (He is three now) We took him into the emergency room last night and found out that he has pneumonia. His mother wont give us his health records or insurance card. He has medicaid. We have also said we wanted to get health insurance through our work to cover him and she refuses. We personally dont think he has his shots up to date. He even said she never took him to the doctors. What should we do? Legal aid and Medicaid is closed until monday, and she wants him back Sunday morning. Should we keep him until we find out if she is even taking care of him like she is suppose to?



Answer

Get an opinion from the child's attending physician as to his care. Beyond that all you can do is try and enforce the custody and support order in court.



Is it illegal for a FBi agent to use her status to obtain my personal text messages and phone records without my concent or any thought of c...

Question

Is it illegal for a FBi agent to use her status to obtain my personal text messages and phone records without my concent or any thought of criminal activity, just did it because she's friends with my spouse and he wanted to know who i was talking to? Isn''t that violating my privacy



Answer

I'm 99.9% sure it's actually a federal felony. You should file a complaint with the FBI and local law enforcement.



Answer

I am sure that if you write to the FBI Director the matter will be thoroughly investigated.



i was charged with breaking and entering. I was intoxicated and walked into my neighbors house by accident. They called the cops but upon re...

Question

i was charged with breaking and entering. I was intoxicated and walked into my neighbors house by accident. They called the cops but upon realizing it was me and the state I was in, they did not want to press charges. I was still charged with b and e anyway and ended up in jail. Is this right?



Answer

This is a very interesting question, but it appears to be miscategorized. (This is not quite a personal injury law question unless your inquiry is about getting hurt on your neighbor's property.) Your best option is to contact a criminal defense attorney. A criminal defense attorney may tell you that the breaking and entering charge is valid and that your neighbors may appear in court for your hearing and express their concerns at that time about dropping charges against you.

Please don't hesitate to contact us should there be any questions about NC personal injury laws.

All best,

Brent Adams & Associates Raleigh Personal Injury Lawyers

800.849.5931

www.brentadams.com



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.



My husband is not keeping up with his end of a signed legal agreement regarding my visitation and speaking privileges with my children. Do I...

Question

My husband is not keeping up with his end of a signed legal agreement regarding my visitation and speaking privileges with my children. Do I have any legal recourse and if so what?



Answer

Yes, you can take him to family court to enforce the agreement. http://www.NYCDivorceCenter.com



relinquishing parental rightsmy fiance's ex had a child after they split up and says it's his we haven't done paternity test yet but he say...

Question

relinquishing parental rights

my fiance's ex had a child after they split up and says it's his we haven't done paternity test yet but he says if it is he would like to relinquish his rights because she will only use the child to get at him and doesn't want that for the baby just a footnote he didn't find out about the child until it was two days old and it wasn't from her i have read up that even if you sign over your rights you are still required to pay would this be an exceptional case since she didn't tell him? no doubt he has responsibilities but she is being so manipulaitve and we are about to move 2000 miles away we will never know him i am a mother myself and am so confused by this situation any advice??



Answer

Re: relinquishing parental rights

Unless the court relinquishes the parental rights the parent is not relieved of the obligation to pay child support.



I had my 2nd house fire in April 2012, the state fire marshall was on scene and questioned myself and my son. At the end of the questioning ...

Question

I had my 2nd house fire in April 2012, the state fire marshall was on scene and questioned myself and my son. At the end of the questioning my father and I was informed by the fire marshall that the cause of the fire was from my car being hot and accerlerating the items in my garage. The insurance company attempted to say that it was arson but had no reason nor evidence besides stating that my house was in foreclosure. My son & I evacuated the house with me carrying my daughter (1) and our dog in towels. Today almost 2 years later I was served with a subpoena at work for my son to appear in court and testify although he is only 9 years old. Is this legal and what are they attempting to do or say who or how this fire started? I don't want to scare my son by telling him he has to relive this event because he slept with me the first 9 months after the fire and just started sleeping by himself a few months ago. Im currently pregnant again 7 months, with a 9 and 2 year old, a single mom and I don't know what to do. Please help



Answer

This is way too complicated and incomplete at the same time. Children can be subpoenaed to testify in court hearings. The fact that they are young just means they are supposed to be treated appropriate for their age. But they are ALSO entitled to have their own attorney (at your cost I'm afraid unless there are special circumstances). As to when they have to appear, again this is something that is usually worked out dependent on everyone's schedules but sometimes court hearings require specific attendance. You can try this on your own but it sounds like you could use an attorney's help to make your way through the system.



If a power saw is 12volts will a 400 watt inverter be sufficient?

If a power saw is 12volts will a 400 watt inverter be sufficient?
No. The 12volts will not make a difference. The inverter converts the 12volts to 110/115volts. A 400watt inverter is not sufficient to run a power saw or any heavy power equipment like that. Laptops consume 20-50watts, while a coffee pot would consume more like 200-400watts. Your power equipment is a much heavier load, between 1000-4000watts depending on if it is a power saw or something larger. A basic 7 1/4 circular saw will use anywhere from 1000-2500 watts on starting and will draw a constant 800-1500 watts. Keep in mind it will draw more as you put it under load of cutting something, this will not run on a 400 watt inverter, let alone an 800 or 1000watt. You could however possibly run a power drill on that inverter, but otherwise no luck.

Thursday, November 20, 2014

i have been having problems with my rental the ac went out and we had to stay with my mom for over a week i have a 2 month old baby and i dn...

Question

i have been having problems with my rental the ac went out and we had to stay with my mom for over a week i have a 2 month old baby and i dnt think i should have to pay rent for those days can i do that the apt was over 90 degrees and we had to go to another city to stay..?



Answer

You can ask for a rent rebate but you are not legally entitled to one. 90 degrees is certainly uncomfortable, but it is a far cry from legally uninhabitable - which is what is required in order for you to be legally entitled to a rent rebate.



Lawyer Natoli: I was too vague in previous post. The owners of our "seniors complex" moved us (8 units - two married couples the rest single...

Question

Lawyer Natoli: I was too vague in previous post.

The owners of our "seniors complex" moved us (8 units - two married couples the rest singles) to an inferior Apt. while repairs were being done. They sent a generic letter to all and this was written: "You will receive $35 per diem." Nothing else. Further, in a telephone conversation with the Manager a renter was told this was to cover meals. Why should a single person recieve $35 but as a couple we have to share that amount?...Is this discrimination?



Answer

I wouldn't say its discrimination. I don't disagree with you, but a better way to put it is $35 per day per household. Unless they are required to do this in the first place you really have no argument. That is, if they are doing this as a courtesy that is one thing, but if you have some written agreement like the lease that requires this you may have a valid claim. Off course, we are not talking about an amount at controversy that will be worth pursuing.

Perhaps consulting a LL/tenant lawyer in your area might not be a bad idea.

All the best,

Frank



Answer

Mr. Natoli is not quite correct. Under California landlord/tenant law, they ARE obligated to compensate you when your unit becomes uninhabitable for any reason that is not your fault, regardless of whether there is an agreement on the subject. However, that compensation is limited to the diminished value of your unit during repairs, up to the full rent if the unit cannot be inhabited at all, unless the rental agreement or lease provides greater compensation. Per diem is just latin for "daily." The discount or reimbursement is per-unit, per day, regardless of how many people live there. If they move you to an inferior unit they must pay you the difference, per day (per diem) in the rental value of the unit you live in and the one they temporarily move you to. The fact that the on site manager misunderstands what the payment is for does not change their legal obligations and the limits on them. If the $35 is not adequate to cover the fair market value difference, per day, in the rent for your regular unit versus the one they have you in, then they owe you more. If it covers it or more, they are being generous. No matter what, however, the head count of residents does not affect how much they pay.



I was given a portable speaker as a birthday present from my cousin and about a week after receiving the gift I was in a tight situation mon...

Question

I was given a portable speaker as a birthday present from my cousin and about a week after receiving the gift I was in a tight situation money wise so I decided I would pawn it for a week until I got my paycheck. What I didn't know is that my cousin had stolen it from a store and he was being investigated. He is currently in jail for Retail theft, Dealing in stolen property, and false info to a pawn shop. Now the deputy that is investigating him wants to meet with me. My cousin and his accomplice have told the deputy that I had no idea the item was stolen but I don't know if that matters in this situation. I have no past record. I am wondering what I should do. Do I meet with the deputy, and if I do am I going to be arrested.



Answer

You hire an attorney and THEN you meet with the deputy. You don't want the officer twisting your words so it is helpful to have representation present to avoid that.



I own a home in my neighborhood, which is very quiet, we have one neighbor who is a constant public nuisance. The police are constantly cal...

Question

I own a home; in my neighborhood, which is very quiet, we have one neighbor who is a constant public nuisance. The police are constantly called and nothing is done. Several neighbors have gotten together to file complaints with the city attorney but they haven't done anything. This person is stealing from dozens upon dozens of people...mostly bicycles, scooters or yard tools that are in someone's yard. It has been witnessed by several people and yet he is never arrested. He doesn't own the home he lives in. It was his parent's home and both of them have just recently passed. His sister now lives in the home and he appears to live in the garage. The screaming fights that they have are heard up and down the street and happen at least 1-3 times a week. He also threatens to kill any neighbor who happens to be outside while this is going on. I have 3 small children and I worry constantly about them. What can I legally do?



Answer

From your Zip code, looks like Vallejo ...... given the city's financial condition, the city attorney is probably understaffed and overworked, and the police as well. Unfortunately, taking private action, while theoretically possible, would be expensive, time-consuming and possibly dangerous, not to mention perhaps difficult to enforce your judgment. I have two suggestions: (a) renew (or keep up) your pressure on the police and city attorney to take some action, including having personal meetings (with perhaps two or three different neighbor families represented) with the highest officials who'll agree to speak with you. Finally, consider whether you might have another enforceable complaint re housing/zoning violations if someone is living in a garage.



Can I take my daughter to a different city in Florida? Her father and I have never been married and she lives with me full time. No legal ac...

Question

Can I take my daughter to a different city in Florida? Her father and I have never been married and she lives with me full time. No legal action has been taken.



Answer

If more than 50 miles away from your current location, you need consent from the father or court approval.



Answer

If not married and no orders in place then you can leave, however if you anticipate a fight then get a court order to move first. Contact my office for free consultation. 727-446-7659



I am filing out the I-129 for an H-2B worker and I don't have all the beneficiary information available. I want to get the petition filed as...

Question

I am filing out the I-129 for an H-2B worker and I don't have all the beneficiary information available. I want to get the petition filed asap and the instructions say for H-2B say I don't have to designate a beneficiary, just the country of residence/birth. If I don't designate a beneficiary now, at what point do I designate one?



Answer

Please call us at (212) 968-8600 or (800) 750-1828 to discuss. Regards, RDM



Can power stearing fluid affect the clutch?

Can power stearing fluid affect the clutch?
Yes
If the power steering oil was put in the clutch hydraulics those hydraulics are ruined.
If in some weird way it got onto the clutch disk the clutch would slip and drag.

In CAIs medical marijuana a reason for non-employment if it does not effect job safety or work performance. Example Wal-Mart's drug policy a...

Question

In CA

Is medical marijuana a reason for non-employment if it does not effect job safety or work performance. Example Wal-Mart's drug policy applied to cashiers or greeters vs the obvious forklift drivers Wouldn't the American Disability Act effect the hiring standard as long as no dangerous equipment was evolved.



Answer

The federal ADA does not protect the use of a substance that is illegal under federal law. That would make no sense.