I live in Florida. My next door neighbor has a dead oak tree that's dropping big limbs. I'm concerned that the tree will fall on my house be...

Question

I live in Florida. My next door neighbor has a dead oak tree that's dropping big limbs. I'm concerned that the tree will fall on my house because it's leaning in that direction. I have mentioned it to her but she's not concerned and has no plan to have it removed. Is there a way to force her to address the problem?

Answer

Make sure you send a letter to her giving notice of your concern.

Answer

Yes you can force her hand as a result of the nuisance of the tree. As neighbors it would be much easier to address it face to face or in writing. Perhaps paying for the removal would be the easiest. Hire an attorney if working it out alone wont work.

As an online affiliate I make a commission when someone makes a purchase through my link. Do I need a business license in NYC?

Question

As an online affiliate I make a commission when someone makes a purchase through my link. Do I need a business license in NYC?

Answer

Based on these facts, we can't tell. But if you do business in NYC and you're not a corporation or LLC you will have to pay Unincorporated Business Tax.

i have been unemployed since 2011, my wife works part time and had an emergency room visit in georgia. the one 4 hour visit was 4400. the ho...

Question

i have been unemployed since 2011, my wife works part time and had an emergency room visit in georgia. the one 4 hour visit was 4400. the hospital was suppose to send papers to get hardship relief on the bill. they did not. i honestly forgot about it. today, 7 months later i get a letter from a collection attorney, what can happen and what do we do. we dont have the money to pay that much. what can they do to us?

Answer

They (and any other creditors) can sue and get a judgment and garnishee wages and bank accounts. Depending on your overall finances, seeing a lawyer to look at bankruptcy might be a smart move.

Answer

I would have to agree with Attorney Ashman. While I am sorry for your circumstances, your options are either work out some kind of payment arrangement now or, if you don't have it, start saving and hope that by the time you are sued that you will have money saved with which to resolve the debt. The other option may be to file bankruptcy if you have other dischargeable debts which in combination with this are enough to justify it. While there is no dollar limit, bankruptcy has its own consequences and should not be lightly entered into. My ballpark rule of thumb is people who have at least $10,000 in dischargeable debt and who can file a bankruptcy under chapter 7 may want to explore that option. For people who make too much income or who have too many assets such that bankruptcy is not feasible, then the other alternative is to try to resolve the debt by making payment arrangements or by saving and then paying.

Have you tried to request the hardship papers now from the hospital?

And forgetting about a hospital bill? The hospitals these days are turning people over to collection within 30 days (or less) of non-payment of a bill. While this is purely anecdotal, I know of a situation where a bill was a few days late (payment was sent) and the debt collectors started to call. So its hard to believe that nothing was done for 7 months.

My fiance signed his name to the birth certificate of a child that isn't biologically his when he was with his ex. How does he go about gett...

Question

My fiance signed his name to the birth certificate of a child that isn't biologically his when he was with his ex. How does he go about getting his name removed off of the child's birth certificate and changing the last name of the child to her mothers name? Is it possible to just do this through the court system without getting a lawyer involved or should we get a lawyer just to be safe?

Answer

You should get a lawyer because it is a complex procedure. You have to file a petition to dis-establish paternity.

Answer

This isn't your problem. Have him put his "big boy" pants on, and make the inquiries. Asap he needs to move to de-establish paternity. This is not a simple matter. He should retain counsel.

I am finding it difficult to answer questions like: For any offense, other than a minor traffic violation, have you: a. Been convicted? b. P...

Question

I am finding it difficult to answer questions like: For any offense, other than a minor traffic violation, have you:

a. Been convicted?

b. Pled no contest?

c. Received deferred adjudication?

d. Been given probation in lieu of sentencing?

on 8/20/13 I was arrested because I told a woman to shut the F*** up. She had illegally locked my store and I was upset. the officer roughed me up and took me to jail, couldn't tell me what I was charged with until later. At the time he said I threatened her, then he said I resisted then finally I was charged with Disorderly Conduct- Abusive language. I was given deferred adjudication and put on probation until 1/18/14. Now I feel this incident is preventing me from getting decent work. I've been putting yes, but people are so darn judgmental and may think I'm a liability.

Answer

You have not been convicted. You either pled guilty or not contest. You did receive deferred adjudication. You have been given probation.

You might try explaining what occurred at the time you answer the questions.

For purposes of CCP 414.10 is sole managing member of LLC allowed to serve process ? Manager signed verification for UD action

Question

For purposes of CCP 414.10 is sole managing member of LLC allowed to serve process ? Manager signed verification for UD action

Answer

No. Why mess with something like this? Get someone who is over the age of 18 and not affiliated in anyway with the parties to do the service.

What are the release dates for Lost in the Fog - 2008?

What are the release dates for Lost in the Fog - 2008?
Lost in the Fog - 2008 was released on:

USA: 14 June 2008 (Cinevegas Film Festival)
USA: April 2009 (Newport Beach International Film Festival)

My fiance is in jail in one state but he signed a waiver to be extradited to another state but did not know exactly what it meant. How long ...

Question

My fiance is in jail in one state but he signed a waiver to be extradited to another state but did not know exactly what it meant. How long does the other state have before we can bail him out?

Answer

Under North Carolina Law: NCGS 15A-735 - Commitment to await requisition, the person can be held for 30 days, however this may be extended by the court for up to 60 additional days under NCGS 15A-737 - Extension of time of commitment.

What are the consequences for petit theft if it is my first crime ever on my record.

Question

What are the consequences for petit theft if it is my first crime ever on my record.

Answer

It is always dependent on facts and circumstances but usually it is not very severe. In most cases someone with no record can enter an intervention program and have the charges dismissed.

My grandmother recently passed away and her husband was the main owner of her home. My husband and I moved in to take care of her and are cu...

Question

My grandmother recently passed away and her husband was the main owner of her home. My husband and I moved in to take care of her and are currently living in the home. She passed and we are told that they were only common law married so the home will not go to us. My grandfather has 8 brothers and sisters still living and they have about 4 to 8 kids each. We are told that they have to sign off that they do not want the home. We do not know that side of the family at all. Is there any loop hole where we can stay here and claim the home? We are capable of paying all bills and house payment. Please help.

Answer

You need to go to probate court and prove up the common law marriage.

Dave Leon

[email protected]/* */

My ex-husband and I did our own divorce. I was under the impression that we had joint custody. 2 years later I found out that he was listed ...

Question

My ex-husband and I did our own divorce. I was under the impression that we had joint custody. 2 years later I found out that he was listed as having joint physical custody, and that there was a huge difference between the two. I left it be because I didn't have money for an attorney, and i didn't want to drag my son through the court system, or make him choose between us. My ex packed up in the middle of the night and moved away taking our son with him. I know that he is in contempt of court, but the court won't make him move back. My ex enjoys making it hard for me to see my son, and he loves to push my buttons because he knows that he has all the control. However a few years ago I found out that my son doesn't even live with my ex he's been living with his grand mother. After 10 years what are my chances of getting full or physical custody over my son? My ex lies to me all the time!

Answer

The sorts of issues you describe are faced with regularity by the experienced and seasoned family law attorney. I urge you to confer with an attorney at this time and she/he will assist and advise you in great detail. You should view your present issues as very time urgent: I urge you to secure an attorney to assist you with no delay. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Post-Divorce Legal Issues Attorney, Minnesota Mothers' Rights Attorney, http://dwyerlawfirm.net

Answer

Your question is a bit confusing.

There are two types of custody, legal and physical. Legal custody is decision making related to the children. In most cases, it is joint and major decisions are made jointly by the parents. Physical custody is where the children live primarily. If it is joint, that means each parent has the children no less than 45% of the time.

Regardless of whether custody is sole or joint, a parent cannot relocate out of state with a child without an agreement of the parties or a court order if there is a parenting schedule court ordered. If that has occurred, you must file a motion swiftly seeking to remediate the situation.

Additionally, if the child is not residing with hte custodial parent, it may be a basis to seek a change in custody. However, these issues are complex and you must consult with counsel.

For a consultation call 612-240-8005.

Hi, can I apply for green card by marriage when my spouse has not file her tax returns in well over three years due to inability to work whi...

Question

Hi, can I apply for green card by marriage when my spouse has not file her tax returns in well over three years due to inability to work which implies no income. She has been battling with health related issues. She is not on any form of government assistance.

Answer

Hello - this is a complicated question. Please call my office at (212) 968-8600. Kind regards, RDM

Answer

Hello:

You will need at a minimum to get a joint affiant who makes above the necessary poverty line.

Me boyfriend and kids moved to Nevada two years ago. Kids dad kids in Oregon and he filled a motion to modify custody in the county where as...

Question

Me boyfriend and kids moved to Nevada two years ago. Kids dad kids in Oregon and he filled a motion to modify custody in the county where as had our divorce. Why do I have to fly there... When me and the kids lived here in Nevada for almost two years.

Answer

The concept of "Exclusive Modification Jurisdiction" is explained in the article "The Basics of Family Law Jurisdiction posted on our Child Custody page, at http://willicklawgroup.com/child-custody-and-visitation/.

My mom in law keeps saying that her will says that she is going to leave a very large and expeinsive diamond ring to her daughter. She says ...

Question

My mom in law keeps saying that her will says that she is going to leave a very large and expeinsive diamond ring to her daughter. She says that her will states that if her daughter does not have any female heirs that when her daughter is "done" with it she must pass it to her niece (my daughter). This doesn't seem kosher to me. It seems that if she leaves the ring to her daughter, it's HER ring now and she can do with it as she pleases. I think my mom in law is just saying this to irk people, but I can't find proof. Not only that, but I don't want any stress in the relationship between her daughter (my SIL) and my daughter (SIL's niece). If this is not Kosher I will fully support (when the time comes) that the ridiculous ring belongs to my SIL and that my daughter has no part in it. We could care less about the bloody diamond. We (SIL and I)live in Ohio, but mom in law lives in NY so I believe NY law would apply.

Answer

I d/k how the will was written but she has every right to write down what she pleases but the question is how it will hold up upon probate and tax issues and, since lawyers might be held responsible to third parties for legalmal in estate cases, esp without the doc in front of me, I d/k how this was written. I would step back from a client wanting the scenario you described and go over it with her-we do it all the time. I could see if maybe she set up some sort of a trust (they usually do these for homes) where upon MIL's death, SIL has it for her lifespan, then it passes to your daughter. There are always tax considerations in any case. However, the way you described it, I cannot see how there would not be any problems when probating this, with this "done" thing (menopause? sterilization? Ovarian cancer?...) with the issue of a female child. Just remember the Helmsley debacle where the estate plan was misdrafted and the executors were able to change what Leona wanted by arguing her way created tax problems. When we do wills, and we have thousands, we remind people nothing breaks up a family faster than money and if practical, consider an even split or at least a valid explanation (something like this, but in legalese: "Mary inherited $10mil from Grandpa and Sue $150K" or "Mary is a surgeon with a $5mil house in Grenwich and Sue has cancer battles and cannot work...so I am leaving Mary $15K (then put in a no-contest clause) and Sue the Remainder. So, the kin should discuss this with MIL.

Recently was shopping in a large grocery store chain. I slipped and held on to the basket so that I wouldn't fall. I slipped on chicken bloo...

Question

Recently was shopping in a large grocery store chain. I slipped and held on to the basket so that I wouldn't fall. I slipped on chicken blood in the aisle. The adjuster has reviewed the recordings and admitted that they are negligent. ER doctors, family doctor, and X rays reveal lumbar strain. I am now doing physical therapy and suffer with pain constantly. Do I need or lawyer or try to settle myself with Krogers?

Answer

If you haven't resolved this yet, please let me know if I can be of assistance. I handle cases throughout Texas

My father passed away and left his estate to me as sole heir, according to will. He had a non paying guest that I am currently evicting thro...

Question

My father passed away and left his estate to me as sole heir, according to will. He had a non paying guest that I am currently evicting through an eviction service--(30 day notice). Guest was instructed by me as well as sheriff not to move, damage or remove any personal effects of the estate. I have learned that guest has been mailiing such items from the estate to various individuals with return address to a former residence belonging to guest. Can I press charges for theft?

Answer

Private citizens don't "press" charges. You can complain to law enforcement and it is up to the District Attorney whether or not to bring criminal proceedings against the accused.

Answer

Yes you can and should 'file' criminal charges with the police, sooner rather than later.

What are the release dates for Bingo - 2014?

What are the release dates for Bingo - 2014?
Bingo - 2014 was released on:

USA: 15 January 2014 (New York City, New York)

Whats the real name wife of the karate instructor on napolean dynamite?

Whats the real name wife of the karate instructor on napolean dynamite?
Her name is Carmen Brady

Do I need a permit for street preaching,in Baltimore, MD.

Question

Do I need a permit for street preaching,in Baltimore, MD.

Answer

Maybe

I received a letter from my employer stating that a lawyer in San Diego is garnishing my wages to pay off someone else's debt. The social se...

Question

I received a letter from my employer stating that a lawyer in San Diego is garnishing my wages to pay off someone else's debt. The social security and address associated with the case is not my information. I am not the person they are looking for. This has brought me a great deal of stress and financial hardship. It seems like the lawyer didn't do his research and just associated my information to someone else without verifying anything. I want to know if this could be a possible case against the lawyer.

Answer

If the social security number does not match, your case is against your employer if they withhold (or worse send funds) based on this garnishment. The lawyer is entitled to send garnishment notices to any employer he thinks is employing the judgment debtor. It is up to the employer to check if their employee's information matches the information on the garnishment. If it does not, the employer is legally required to inform the garnishing attorney of the error and refuse to withhold pay. If the employer fails to deal with that properly, the employer is liable for damages to the employee. If the information matches, and it's still the wrong person, such as in identity theft, then it's on the employee to deal with it, but when the information doesn't even match, the employer has to refuse the garnishment or face liability to the employee.

Answer

I agree with Mr. McCormick's response. The lawyer probably doesn't know that you are most likely a different and it is up to your employer to respond properly and not garnish your wages.

That being said, you should still file a claim of exemption with the Sheriff's department and include an explanation of why you are no the the right person. The claim of exemption is your way to potentially stop the garnishment yourself if the employer doesn't act property.

When you file a claim of exemption, the sheriff notifies the attorney who started the garnishment. If they do not oppose your claim of exemption, the sheriff will issue a stop order for the garnishment and return the money to you. If the lawyer opposes the claim, the court will set a hearing and you can get this before a judge to explain your situation and show evidence that you are the wrong person.

How do you remove scatches from car paint?

How do you remove scatches from car paint?
i have a scratch on my car paint how do i remove it


Depending on how deep it is, a simple scratch remover /compound will work. Find it at any local hardware store.If it is actually through the paint, then more aggressive means are needed and should be done by a professional.

How would I go to get joint custody of my two daughters?

Question

How would I go to get joint custody of my two daughters?

Answer

You desperately need an attorney to advise you.

Look on this website and on www.avvo.com for a family law attorney in your area. Many offer a free consultation so you can determine if you want to hire this attorney.

In Texas, it is presumed that the custody will be joint custody. I assume that you want a lot of control over the rights and duties of a parent. This is complex (rights and duties) and you will need to meet in person with an attorney to discuss what rights and duties actually means.

I also assume that you want a lot of time with the children. You can ask for an expanded standard possession order. Again, talk to an attorney about this matter.

I hope this answers your questions.

www.familylaw4u.com

713-847-6000

i have been served to apear in court for non payment of hoa dues.do i have any outs.or can i just not go and start making payments

Question

i have been served to apear in court for non payment of hoa dues.do i have any outs.or can i just not go and start making payments

Answer

You just cannot start paying whatever you feel like it. I would recommend that you get a lawyer and get an agreement in place. If you cannot afford a lawyer, then contact the HOA's legal counsel and see if something can be worked out. Possibly, they can do either a consent order or agreement which will set forth the terms of any repayment and provide that they will not garnish your wages or seek to further execute on any judgment provided that you stay current on the HOA dues and make payments on the past due sums.

Answer

I agree with the prior answer by Attorney Hunder.

The primary things you have to remember are to get any agreement in writing and require the HOA to dismiss the lawsuit. Don't rely on verbal agreements to protect yourself against a judgment. Moreover, do not miss deadlines for filing the answer or court appearances noted on your summons and complaint/statement of claim.

It is a very good idea to take the time and money to visit an attorney in an initial office consultation. Of course, you don't have to retain the attorney for the lawsuit as long as you don't sign a contract.

Why dont you blink when you are sleeping?

Why dont you blink when you are sleeping?
Because your body basically shuts itself down.

Can off road diesel hurt a duramax?

Can off road diesel hurt a duramax?
Off-road diesel is illeagal to run on the highway.It is not very clean and can cause sever problems.I would not recomend it.

I am a divorced father and have been for several years. My ex-wife and I came to an agreement regarding the amount of child support. I have ...

Question

I am a divorced father and have been for several years. My ex-wife and I came to an agreement regarding the amount of child support. I have received several promotions over the past 8 years and my income has more than doubled since then. I informed my ex-wife a few years back that I had received a raise and she said that going forward she would claim both kids on her taxes and I agreed that I would cover all additional costs such as sports, clothing, etc. This of course was a verbal agreement. My question is this.....Should I contact the child support office and update my income? My fear is that although she knows I make more than I did that she will be able to get back child support from me on down the road and I'll be paying her til my kids are 30. You just never know what someone will do. I live in KY. Also, the child support agreement was signed and approved by the judge. Thank you.

Answer

A court should not increase your child support retroactively unless and until she or the county attorney files a motion to increase same (the only possible exception would be if your child support order was a temporary order for some reason and even then it would be doubtful that a court would increase it several years retroactively). As such, I would not provide anyone with your new wage info unless there is a separate order stating you have to do same.

I am in a custody battle and his lawer is demanding my medical records. I was in therapy before but that was before i met my sons father. I ...

Question

I am in a custody battle and his lawer is demanding my medical records. I was in therapy before but that was before i met my sons father. I did release records for only dates after i was involved with my sons father. His attoorny then came back with wanting everything from the past ten years! My lawyer agreed to it only if they went to the judge first and the judge would pass on anything she thinks pertains to the case. I did sign them but I modified them to not disclose any Dr/Therapist notes. They threw a fit and resent them (dont I have any privacy rights?) I still do not agree since they are trying to prove that i have mental health issues. what can I do at this point to again fight for my privacy. My lawyer is not fighting for me on this. I did end up signing them but they didn't send them in before they expired and have now resent them without any expiration date. What can I do.

Answer

A complete review of your case would be necessary to determine if the records are relevant to the issues in dispute. If they are not, you may be able to seek a protective order preventing disclosure of those records. Some medical records, even those predating a marriage, may be relevant to disputed issues if, for example, they have a bearing on custody issues (emotional stability and mental heal diagnosis) or spousal support (employability). How remote the records may be can also be a critical factor.

You should be discussing this with your counsel.

Answer

Since you appear to state that you do not agree with your own attorney and with the judge, then I urge you to obtain a second legal opinion at this time. Typically you may change attorneys, too. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Law, Minnesota Family Law Attorney, Minnesota Mental Health Legal Issues Attorney, http://dwyerlawfirm.net

Is there an expiration date for a damage award?A number of years ago (20+) I was awarded money in a court decision after a dog injured me. D...

Question

Is there an expiration date for a damage award?

A number of years ago (20+) I was awarded money in a court decision after a dog injured me. Defendants had no insurance, bank accounts, ... so there was no way for me to collect. Is it possible to reexamine their situation and initiate collection if the things have changed? The court was in NY state

Answer

You must have obtained a judgment and the judgment has to be refiled every ten years from judgement date to preserve your rights. I believe it is throwing good money after bad in trying to discover the viability of the judgment considering lack of collection in the first instance. However, do an asset search, if you please, before going any further.

What country does Shakin Stevens live in?

What country does Shakin Stevens live in?
Michael Barratt, who would adopt the stage name Shakin' Stevens, was the youngest of 11 children born in ely a suburb on the outskirts of Cardiff southwales UK

Crystal is 86 years old and enters the hospital for observation after having fainted. Crystal is depressed and while in the hospital gives h...

Question

Crystal is 86 years old and enters the hospital for observation after having fainted. Crystal is depressed and while in the hospital gives her antique ring wedding ring to Autumn, a good friend, saying to Autumn " I won't be long in the world". After a change in medication, Crystal improves and return home living another 3 years. Her will leaves her antique wedding ring to her granddaughter Sarah. Discuss who is entitled to ownership of the ring with autumn in possession of the ring?

Answer

DO

YOUR

OWN

HOMEWORK

If a person files a Homestead declaration with the county (Santa Clara County), but the residential structure/trailer is not a permitted str...

Question

If a person files a Homestead declaration with the county (Santa Clara County), but the residential structure/trailer is not a permitted structure/trailer and there has never been any permit obtained to have any residence on the property (indeed, there is a Williamson Act contract on the property), what is the legitimacy of their Homestead claim - can a creditor have the Homestead invalidated on the basis of the property not legitimately allowed to have anyone residing on the property?

Answer

Only if they were not actually living there. If a homestead declaration is already recorded, the judgment creditor has the burden of proving that the debtor does not actually reside on the property.

I am going through a divorce with property involved. I needed to file bankruptcy and hired an attorney, he said the only way to keep the hou...

Question

I am going through a divorce with property involved. I needed to file bankruptcy and hired an attorney, he said the only way to keep the house was to have us both sign a division of assets (that he prepared) she refused to sign, even though I told her we could loose the house if she did not,, she told me she hopes I loose it, she refused to sign for a loan modification or even a refinance.. I stayed in the house and sold my truck to keep out of foreclosure twice. now she is wanting me to buy her out after my four year struggle to keep the place. I have been struggling to keep the house since it is on family property. I feel she abandoned any rights when she refused to sign to help out.

Answer

Was the attorney hired as an expert in property (real estate), divorce, or bankruptcy matters? Is the attorney still representing you? I'd suggest having a more detailed conversation with the attorney covering the current situation and whether there is anything different you can do. One important fact omitted from your LawGuru question is how title to "the house" is held -- as community property, your separate property, or something else? And exactly what do you mean (legally speaking) by "the house.....is on family property"?

Hi:I have a question please. My mother passed away in 2011 and deeded the house equally to me and my two brothers. We have the house rented ...

Question

Hi:

I have a question please. My mother passed away in 2011 and deeded the house equally to me and my two brothers. We have the house rented out for almost 3 years. My one brother and I are ready to sell the house. However, my younger brother is not responding to any of our text or emails pertaining to the house. I do not think my younger brother is ready to sell the house. However, me and my younger brother are ready to sell the house. What should we do? Do we have to pay huge lawyer fees to do this legally or get it settled? Do we go to court for this? thanks

Answer

Deed, or will? Makes a big difference. If deed, partition may be required. Same with will unless not probated yet...see an attorney.

Answer

I agree with the other attorney. if deeded, you need to do a partition if you and all your siblings do not agree to sell the house.

If you want to discuss, call me at 312-372-5600.

Answer

I agree with the answers you have received. I would suggest, however, the starting point is for your brother to realize that his lack of cooperation will only delay the inevitable. He cannot force you to remain in co-ownership with him. So, if it has to go to partition, there will be costs, followed by the same sale of the property that could be accomplished without those costs.

In a true partition suit, say this was readily dividable vacant land, then the court would simply split up the property. With most homes, however, cutting up the property does not make sense. So, the alternative is for the court to order the property sold, which is exactly what you are trying to accomplish anyway.

A sale could mean a buy out. Is there any way for your brother to utilize the equity in the property to secure a loan or is there any other way for him to arrange a buy out. You can factor in savings of real estate commission to give him a good deal while getting what you would have with a more traditional sale. If either you or your other brother, preferably both, are in a position to take payments over time, you may be able to structure something where he builds up a payment history and gains a little more equity in order to finance the property with a mortgage down the road.

If you are not able to politely communicate with him about the above soon, then I suggest an attorney letter that firmly, but nicely, suggests that agreeing to a buyout or sale are the only reasonable positions.

While that would be best, another approach would be to stop contributing to the expenses of the property (property taxes, maintenance, etc.). Unless that works to convince him, it is much more likely to make relations negative, perhaps jeopardize all interests and leave you still needing to resolve the issues.

Can an official court summons be served by phone? Last night, one of my boyfriends old friends received a voicemail stating that my boyfrien...

Question

Can an official court summons be served by phone? Last night, one of my boyfriends old friends received a voicemail stating that my boyfriend (not the friend who was contacted) was being summoned. There were no charges stated, however he was pulled over 7 months ago and was asked to take a field sobriety test and go for blood work, but never heard anything back about it, and he is afraid he is being summoned for that. The voicemail didn't state a date either. Regardless of the circumstances, I was wondering if this is even a possible way for a court summon to be served.

Answer

No. Why would someone call a friend of your boyfriend? This makes no sense. Does the friend have caller id and did he note the number calling him? Was it a number for the court? If not, then this sounds like a scam of some sort.

Dear Sir/madam, is it possible to get legal help to obtain medical records if a surgeon refuses to provide them - needed to file complaints ...

Question

Dear Sir/madam, is it possible to get legal help to obtain medical records if a surgeon refuses to provide them - needed to file complaints with the DOH for practising with delinquent license and engaging in a sexual relationship with the patient. Let me clarify surgery did not result in medical issues.

(The records have been requested with HIPAA-release form). Part of the medical records has been 'released', part not, however. Moreover, false entries have been made (the wrong person was listed as surgeon). Reason being, that the surgeon performed surgery with delinquent license, as mentioned. It has been (discouragingly) difficult to find an attorney willing to help with such a request - since it does not entail 'medical issues' resulting from surgery. I would appreciate any legal help to be able to report aforementioned misconduct. Thank you very much.

Answer

yes a lawsuit can be filed pursuant to Florida statutes seeking your records. If the doctor is not licensed, then he would not be subject to those records issues. I would suggest you contact an attorney to discuss this matter. The pursuit of the DOH, department of health?, claim will not get you anything other than potential censure at the end of a very long road.

I live in a quad townhome although there are no By-Laws, Rules Regs, Amendments or Declaration that reflect ownership/responsibility of ...

Question

I live in a quad townhome & although there are no By-Laws, Rules & Regs, Amendments or Declaration that reflect ownership/responsibility of a small utility easement between driveways which incudes sewer cleanout for each individual unit of the quad, my neighbor insists I need his permission to remove bug infested and diseased vegetation. HELP???

Answer

Common property cannot be the subject of unilateral action. You could always take him to court if the situation is serious enough.

I was in a motorcycle accident 3 years ago , I hurt my neck , back and leg . My leg got better and my neck and back continued to hurt but wa...

Question

I was in a motorcycle accident 3 years ago , I hurt my neck , back and leg . My leg got better and my neck and back continued to hurt but was told by a few doctors that my back was just muscle strain and that my neck was just whiplash.

During this time I was taking care of my sick parents so I just dealt with the pain and didn't question the doctors.

So I did settle with the insurance company , only to find out about a year ago that I have herniated discs in my back and neck and I am still in extreme pain every day .

Is there anything I can do at this time , I will need surgery and I dont have the means to take off for a few months .

Answer

Sorry, once you settled, that was it.

My brother opened a probate case for our mothers estate. It is a small estate and the main asset is her house. It has been a rough year on u...

Question

My brother opened a probate case for our mothers estate. It is a small estate and the main asset is her house. It has been a rough year on us and unfortunately probate fell low on his priority list. We do not have a lawyer. We filed notice to interested parties and creditors, both directly and published. Also filed a partial inventory list. Our accounting review is set for Monday. We have not filed any of the other appropriate paperwork. Final inventory, status report or accounting summary. The court is also 11 hours from where we live. What will happen if we miss this review. Will the case be continued to a later date? Will it be dismissed, and if so will be have to/be able to start over? We are now in a position to devote our time and energy into resolving this case and have been in touch with a couple potential lawyers but as of this date we are still unrepresented. What are the consequences of not appearing at the accounting review?

Answer

I'm not sure about the consequences; the court might sanction the executor by cutting his statutory fee, for example, but at the very least, your brother SHOULD NOT IGNORE THIS, or any communication from the court. If he can't get something officially filed, he must at least respond by letter, fax, telephone or email (maybe to the probate examiner). He should tell them what you have told us- that he is in the process of obtaining counsel, that he lives at a great distance from the court, and REQUEST A CONTINUANCE. Also, most courts now allow telephonic appearances, which would probably be the best way for your brother to make the request- I'm not sure of the exact procedure and it might be a bit pricey this late in the game, but Google it. (there might be something on the court's website too.)

Answer

Use Courtcall and make the arrangements over the weekend, and use a credit card; they will need information such as the name of the case, number, court location, date, time, dept, and they will provide you procedures to get on line phone with the court before start of hearing.

My mother has lived in her habitat for humanity house for 10 years. She is unable to sell the house until she has paid it off. She still owe...

Question

My mother has lived in her habitat for humanity house for 10 years. She is unable to sell the house until she has paid it off. She still owes 10,000 dollars before she completely owns the title to the house and the right to sell it.

Assuming she has a buyer for the house, is there some kind of contractual loophole that she could have with the potential buyer; stating that the buyer is paying 10,000 to my mom who has the right to buy the house. Then my mom would pay the 10,000 to Habitat for Humanity for the title. Now owning the title, she now sells it to the buyer for the agreed upon amount minus the 10,000 loan.

I have no clue if something like this can exist or if there is something similar that could help me.

A mortgage cannot be done with a bank die to the contract she has with Habitat for Humanity. So we are trying to find a way to have the buyer legally front the money so my mom who has the only rights to pay the remaining 10000 on the house to obtain the title. When she owns the title then the habitat contract is fullfilled and completed.

Any advice would be appreciated greatly.

Thank You

Answer

I have worked with two different Habitat for Humanity affiliates and understand the general Habitat program. It can vary some from affiliate to affiliate, but my impression is that there may be a misunderstanding concerning your mother's situation. There should not be any significant impediment to your mother selling her home.

There should be a mortgage on the property for the loan. Dealing with that upon a sale of the property should not be much different from the way you or I would deal with it if we were selling our homes. We would ask the lender for a payoff letter and at closing the remaining balance would be paid.

In your mother's case, the lender is probably the Habitat for Humanity affiliate. There may be a couple differences, however, from a typical mortgage loan. First, the affiliate may have a right of first refusal, meaning the affiliate must be offered the opportunity to buy the property or match any other offer. Second, there may be a variation in calculating the payoff to protect against Habitat homeowners profiting from a property for a certain number of years. In other words, an affiliate may sell a $75,000 house for $50,000 because that is the cost to build it. It would not be a fair use of the charitable transaction for the homeowner to immediately have that profit built in. So, there is often a term during which the homeowner must remain to start gaining the added equity in the property.

In any event, the simple answer is that your mother should be able to sell. It would be more a question of how the payoff is calculated, not that she cannot sell. She should contact the affiliate and walk through the process.

California - I loaned money to "friends" and they executed a promissory note. They made payments per the agreed schedule for a while, but th...

Question

California - I loaned money to "friends" and they executed a promissory note. They made payments per the agreed schedule for a while, but then both lost their jobs and they stopped paying. I discovered their house is now in foreclosure and the wife filed for bankruptcy. Is there any way I can protect my promissory note from being discharged in bankruptcy court? Is there anything I can do to ensure that eventaully I would get my money back? Should I file in small claims, in order to obtain a judgment? Thank you.

Answer

First, if they both lost their jobs, and their house is in foreclosure, then even if you got a judgment against them, what are you going to collect with it? Sounds like nothing. Factor in the bankruptcy, and even if you did get a judgment, it would be discharged. Moreover, you really can't contest the discharge, because nothing about this sounds fraudulent; they both lost their job, they are losing their house, etc. - those seem like pretty valid reasons for filing a bankruptcy. You mentioned that the husband didn't file, but even so, this is sounding pretty uncollectible from what you are saying. Hate to be the bearer of bad news, but it doesn't sound promising.

Todd Mannis, Esq.

www.mannislaw.com

Party A B have a written contract, signed by both parties. Party B is not being paid under the terms of the original agreement and Party A...

Question

Party A & B have a written contract, signed by both parties. Party B is not being paid under the terms of the original agreement and Party A finally agrees to alter the payment terms, but does so in writing in the form of an email. There was no official amendment made to the original contract, with both parties signing. Is the email promise from Party A to Party B to pay enforceable and/or binding?

Answer

Probably. The email can certainly serve as a "writing" to modify a written agreement.

Of course, the facts can matter here, so you may want to consult a lawyer in private if you have any concerns.

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

Answer

The key word in the previous answer is "probably." A review of the terms of the original written contract and the course of conduct and dealing between the parties would be required before a really reliable opinion could be given.

Answer

Under most circumstances, California law allows parties to a written contract to make verbal modifications to the written agreement. You'll want to check to see if the contract has any provisions requirement amendments to be in writing.

Some courts have held that email exchanges like what you described could be sufficient enough of a "writing" to overcome a contract term that requires written amendments.

to be 100% sure, you should have an attorney review the contract and the emails.

How many catalytic converters does a 2003 ford mustang have?

How many catalytic converters does a 2003 ford mustang have?
4

Former commercial property landlord is suing me for unpaid electric bills. The electricity was supposed to be submetered and billed for actu...

Question

Former commercial property landlord is suing me for unpaid electric bills. The electricity was supposed to be submetered and billed for actual usage only. From 6 months into lease until it ended 3 yrs later, I had numerous emails/calls with him about bills because they seemed unreasonably high and he never provided any back up data for me to figure out why. (he just typed up a word doc each month). I continuouslyjust asked for data/documents & he dodged the issue every time or delayed response by few weeks, which dragged on until 3 months before lease expired. I paid $30k in electric for 3 years and he's suing me for 25k more. I dont think he can prove the balance because I think he manipulated numbers to charge me whatever he wanted - iwas only tenant who didn't have " all bills paid lease" (triple net?) He never dealt with my questions throughout lease. I have tons of info already pulled together but I don't know my rights - I don't think I should have to pay anything but definitely not without something to show that I was billed properly. i'm a small bus owner in & he's a RE investor/owner in CA.

Answer

You need to hire a qualified litigation lawyer who deals with leases, to defend you in the jurisdiction and venue where the suit was filed.

That attorney will need to review the pleadings filed against you, the lease you entered into, the electric bills, the payments and the communications sent and received, etc. and then, they will need to research the law and prepare and file your Answer and defensive and/or counter Pleadings. Just thinking you don't owe the balance he claims, is not enough.

Also, a qualified attorney may be able to offer a settlement, if you do owe the balance they are suing you for.

I will say, that if you do not respond or if you try to do this on your own, you will more-than-likely end up with a more substantial judgment being entered against you and it could also possibly include an award of attorneys fees.

Goldstein & Scopellite, PC has qualified litigation attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

My ex wife and I are both employed as police officers in Florida. In 04/17/09 we married and had a son, on 03/25/10. At that time, I was ass...

Question

My ex wife and I are both employed as police officers in Florida. In 04/17/09 we married and had a son, on 03/25/10. At that time, I was assigned to midnights on a violent crime unit and she was assigned to dayshift patrol. This allowed us to care for our son without much outside assistance. In October of 2010, I learned of an affair she was having with a co worker. For the better part of a year, I attempted to repair our marriage however this was unsuccessful and we divorced in December of 2011.

We filed an uncontested divorce settlement. At that time, I was still assigned to midnights and was actively trying to get dayshift. The parenting plan that I agreed to was based on my midnight schedule and gave me very limited over night stays with my son. I agreed to this because I had no other option at that current time as there was no way to care for my son on the nights I worked. My dayshift request has since been fulfilled and I am currently on the opposite schedule of my ex wife. Simply stated, every day that she works I am off and every day that I work she is off.

The schedule changed occurred in April of this year. My ex wife has been unwilling to change the parenting plan to allow me additional nights with my son. I currently have my son about 8 nights a month. My desire is a 50/50 split since I have taken the necessary steps to see my son more and in the process taken a step backwards in my career.

Furthermore, she has been unwilling to budge on the child support payment of $700/month. At that time I agreed to this amount because it cover .5 of daycare ($400) plus $300 for costs of our child. In addition I pay for his health care ($284) deducted from my paycheck monthly. Our salaries are basically the same with her earning slightly more than I.

Am I able to change seeks changes to the custody agreement and child support since I have taken these steps to spend more time with my son?

Answer

Yes sir I think you should be able to get into court and have the judge modify the parenting plan and the child support based upon the current circumstances of the case. Contact my office for free consultation 727-446-7659.

Answer

It has been a year since your divorce and with the changes of circumstances I believe you would have the benefit of have the judge allow for the changes. You will need to file a Modification of Visitation, Custody and Support. You will need to file a New Financial affidavit as well. If I can be of assistance, please contact my office for an appointment.

A 91 pontica sunbird and it runs good when im driving until you get to a stop light and if you set to long your car dies what is causing this to happend you also have to hit the gas or it wontstart?

A 91 pontica sunbird and it runs good when im driving until you get to a stop light and if you set to long your car dies what is causing this to happend you also have to hit the gas or it wontstart?
Possible bad or clogged EGR Valve.It might also be a bad Map sensor.

Trigga vs reed dollaz lyrics?

Trigga vs reed dollaz lyrics?
you can find that on .metrolyrics.com

What should you do to make your car fast?

What should you do to make your car fast?
put gas in it
Improving car speed can be accomplished by making sure fuel, electrical and air intake systems are operating at optimum efficiency. There are modifications one can make to any and all of these systems, that can also increase the speed of the vehicle. Modifications could involve hotter spark plugs, more air into the cylinders and/or a better fuel combustion.

What is the sallery of an computer engineeriner?

What is the sallery of an computer engineeriner?
i don't know the exact number but my friends mom is one and i know she at least makes 100,000 a yr. It also depends on what state you work in, who you work for and how long you've worked for them
there is a site that tells you the starting rate of a computer engineer. I'll look for it and let you know
Well i looked it up and the answer obviously varies on your area of expertise and how high of a degree you have but a starting rate is somewhere around 65-75K for a general computer engineer

What kind of trouble would a person get into if they used some of the estate money? It has gone through the 6 month and 10 days state and th...

Question

What kind of trouble would a person get into if they used some of the estate money? It has gone through the 6 month and 10 days state and then the 20 days at the court house. The only thing left is the judge has to sign it now. There were no issues with the estate.

Answer

The range is from excused by the heirs and Court to paying restitution and jail time. It all depends upon the facts. If you have concerns that someone may have misused estate funds, bring it to the attention of the attorney handling the estate.

Good luck

I was researching my small claims case filed in April on the Iowa Courts online. I noticed there were two instances in which there was a "re...

Question

I was researching my small claims case filed in April on the Iowa Courts online. I noticed there were two instances in which there was a "return of original notice." One was from the Iowa DOT and one was from the USPS. I had my notice served to the defendants through certified mail. I am in Iowa, they are in Minnesota. This is for a small claims case involving and auto accident, so it was filed through the Iowa DOT first before being sent to defendants. Can someone tell me what 'return of original notice' refers to? Does it mean the defendants responded? Or does it mean the papers were not served? Thanks!

Answer

I don't believe you serve a foreign resident who has been involved in an motor vehicle accident in Iowa through the Iowa DOT; you serve them through the Iowa Secretary of State. I don't have the Code section so you'll have to look it up. It is the long arm statute.

i got pulled over on bicycle and had a warrant and drugs were found in pocket along with garage door opener is it legal for the police to dr...

Had a DUI arrest in 1988 with assault on law enforcement officer. Adjudication was withheld I believe (Florida). How do I go about having re...

Question

Had a DUI arrest in 1988 with assault on law enforcement officer. Adjudication was withheld I believe (Florida). How do I go about having record sealed or expunged?

Answer

The DUI can not be removed from your record. If you received a withhold on the second charge you can have it sealed and later expunged. You can either contact a lawyer (most are not very expensive for this) or you can download the application from the FDLE website.

Answer

Actually once you have been convicted of ANY charge, such as the DUI, then you are forbidden from getting any charge sealed or expunged. In other words, you can't get the assault charge sealed or expunged due to the DUI conviction.

If my partner and I get married in a state where gay marriage is legal but live in a state it's not will our children be protected? I have p...

Question

If my partner and I get married in a state where gay marriage is legal but live in a state it's not will our children be protected? I have parents that would take our children away from my partner if anything happened to me. I don't ever want that to happen what can I do? Also, since DOMA is gone if we do get legally married how would that help us? What would we gain?

Answer

Impossible to answer. Protected from what? How? The issues are so new no Florida appellate court has issued a decision on point.

Answer

Gay marriage is not recognized in FL. Contact my office for free consultation 727-446-7659

Answer

There is no gay marriage in Florida. Did you both adopt the minor children? If so your partner would retain custody should something happen to you.

If a candy is colored green what favor might it be?

If a candy is colored green what favor might it be?
Lime or apple. It depends on the color of the candy, for example if it was dark green it would be lime, likewise if it was apple it would be a lighter green.

What is obtain?

What is obtain?
to own

How can I obtain the information for the legal owner of an international hotel property located in the Bahamas?

Question

How can I obtain the information for the legal owner of an international hotel property located in the Bahamas?

Answer

If you were injured in the Bahamas, our office has handled cases against Bahamian hotels. We'd be happy to speak to you about it. We offer a free initial consultation.

My boyfriend just got a DWAI in teller county, he blew a .05 on roadside and a .07 in jail. It was dark on an unfamiliar mountain road and t...

Question

My boyfriend just got a DWAI in teller county, he blew a .05 on roadside and a .07 in jail. It was dark on an unfamiliar mountain road and they said they had calls stating he was weaving but did not state they saw it themselves. The cop commended him for how cooperative he was and now we are wondering do we need a lawyer? We are from out of state and would like to get this over with as quickly as possible. My boyfriend does not have a ton of money and is worried about paying a lawyer be because he doesn't have the money, I'm worried about him getting screwed trying to do it himself. What do we do ?

Answer

You generally end up with a much better result with an attorney than without one. This is a criminal charge, and can carry long term consequences. A qualified and experienced attorney can find the errors and loopholes in your husbands case juch better than you can.

And a quick resolution does not always result in the best resolution.

Where should mainers retire to?

Where should mainers retire to?
If you look up top states to retire in, the list may include the following: Utah, Georgia, Tennessee, Arizona, North Carolina, Oregon, and Florida. This is based on a variety of factors, like economy, taxes, and climate.

How should I defend myself against my MIP? I got an MIP earlier this summer at prom. Someone in my group was too drunk to walk in and the ad...

Question

How should I defend myself against my MIP? I got an MIP earlier this summer at prom. Someone in my group was too drunk to walk in and the administration noticed and got the police involved then the police proceeded to breathalyze everyone else in the group because of that one person. I blew a .08 and was given an MIP ticket. I've already had my arraignment and pretrial and I pleaded not guilty. I am going into my next court date without a lawyer cause I cannot afford one and don't qualify for a court appointed one. How should I defend myself based on what happened?

Answer

I don't see a defense. You should borrow money for an attorney or try to work out a deal with the prosecutor. This would end up on your permanent criminal record.

Hard Rock Florida Casino air conditioning not working, very hot in slot machine room, patron got ill, ambulance called and patron sent to ER...

Question

Hard Rock Florida Casino air conditioning not working, very hot in slot machine room, patron got ill, ambulance called and patron sent to ER at hospital. Received "Notice of Gaming Patron Tort Claim" from casino. Should he (88 years old) sign this and return it to casino or does he need a lawyer?

Answer

Seek some legal help. The Casino operates under its own guidelines.

I was cited in a sting operation by the contractors state license board. I recieved a notice to appear for a misdemeanor 70286 contract as c...

Question

I was cited in a sting operation by the contractors state license board. I recieved a notice to appear for a misdemeanor 70286 contract as contractor without license and 7159.5 excessive down payment. What charges and or fines could I be facing? I was also wondering if I can and should fight it?

Answer

The Notice to Appear should set forth the charges, and apparently it does. You might want to contact a criminal defense attorney or, if you qualify based on lack of ability to pay, the public defender. Try to obtain a copy of the police report, if you don't have one. Then, the most important thing of all is to appear in court, on time, for all hearings. My guess, based on several years as a law clerk in the Public Defender's office, is that you'll be offered a plea bargain for a fine or fines and a suspended sentence, maybe restitution if someone sustained a loss, but no jail time. Just don't fail to appear.

Answer

Unless you actually had a license or there was some technical problem with your license not being valid, but you had one in the past and didn't know it expired, there is no point in fighting it. You are guilty. Cop a plea.

How many times can a litigant show up without an attorney for a case involving second degree assault?

Question

How many times can a litigant show up without an attorney for a case involving second degree assault?

Answer

That's up to the Judge. The defendant should hire an attorney as soon as possible

Is it legal to copy your own debit card? As in reproduce the magstripe onto a different card.

Question

Is it legal to copy your own debit card? As in reproduce the magstripe onto a different card.

Answer

Obviously not.

Answer

Just asking the question and implying you have the means to do it is a reason for a visit from the police, if not the FBI.

School Loans. Will the IRS charge me money when my loan is forgiven? Such as total disability. And what will they charge on a 55,000 loan, t...

Question

School Loans. Will the IRS charge me money when my loan is forgiven? Such as total disability. And what will they charge on a 55,000 loan, that was forgiven! (forebearance)

Answer

The general rule of thumb is that discharge of indebtedness represents taxable income. If you can prove you are insolvent (debts exceed your assets, measured at the time BEFORE you debt is forgiven) you may qualify to have all or part of the debt excluded from recognition as taxable income. Consult a tax advisor or start by reading the instructions and the tax form for IRS Form 982.

I would like to ask a question, Me and my ex boyfriend moved into an apartmentwe had to pay a down payment of 2200 and his dad lent us the m...

Question

I would like to ask a question, Me and my ex boyfriend moved into an apartment

we had to pay a down payment of 2200 and his dad lent us the money. We broke

up and I gave his father 700.00 to a 1000.00 back , The question I have is since the

loan was for both of us, and both of our name's were on the lease. And I have paid

almost half can they make me pay all of it back?

Answer

Did you make the promise to pay the whole amount? Did he promise to pay any portion? I do not believe his dad will follow through against you but I would place my boyfriend on notice any way.

I am trying to accomplish a short sale on my home and have been working with my lender to get it completed. The lender is also processing a ...

Question

I am trying to accomplish a short sale on my home and have been working with my lender to get it completed. The lender is also processing a foreclosure simultaneously on my house and I have received a notice of hearing of " Ex-Parte Motion to Substitute Party Plaintiff" from the local court. I can't make it to court because I'm out of state for work. Do I have to get an attorney to appear for me at this hearing or can I send my realtor to inform the court about the pending short sale? My goal is to get the foreclosure postponed so I have enough time to finish the short sale. What is the best course of action for me in this situation? I was informed that the "ex-parte motion to substitute party plaintiff " does not have actual hearing, but my Notice Of Hearing clearly sets a date, time and room number for a Hearing. Thank you for your suggestions.

Answer

Then it is not Exparte, no matter what it says.

My daughter is nine weeks old. A man that thinks he's the father wants a paternity test. I do not want to give him one for many reasons. Can...

Question

My daughter is nine weeks old. A man that thinks he's the father wants a paternity test. I do not want to give him one for many reasons. Can and how can he legally make me.

Answer

He can file a petition to establish paternity and ask the court to order DNA testing.

my wife has a judgement against her exhusband for a cedit card bill that is in her name.the collection agent is coming after her for it sayi...

Question

my wife has a judgement against her exhusband for a cedit card bill that is in her name.the collection agent is coming after her for it saying they don't reconize the judement.how can they do this if it's signed by a judge

Answer

The judgment is only between him and her. The creditor is not a party to that case and can choose which debtor to pursue. She can sue and collect against him if she pays anything on it.

My son moved in with me a year ago because he lost his job and apartment and I needed orthopedic surgery. I live on Social Security and have...

A friend of mine got arrested last week with my phone in his possession. He has since been released but keeps giving me excuses why he cant ...

Question

A friend of mine got arrested last week with my phone in his possession. He has since been released but keeps giving me excuses why he cant go pick up my phone from inmate property. I really need my phone for work and school. Is there any way that I could retrieve my property without dealing with him?

Answer

Have you tried contacting the police department?

I filed chapter 7 bankruptcy in November of 2013 but I missed the meeting of creditors that was scheduled in January of 2014 so the case was...

Question

I filed chapter 7 bankruptcy in November of 2013 but I missed the meeting of creditors that was scheduled in January of 2014 so the case was dismissed. I went to the courthouse and requested that the case be reopened and the request was granted. My question pertains to one of my creditors who is also one of my utility companies. The original amount of the debt in November was $1000 but now the debt is $1500 and they have turned my utility off. After the court reopened my case, I called the utility company to have my services restored and they told me that I still had to pay the $500 difference in between the orginal file date up to present. Is this true or should the full amount of $1500 be included in the bankruptcy? What does the law say pertaining to this particular type of situation?

Answer

you would have to pay difference. the effective date is the date of filing, not when reopened, so the extra is a valid post-petition debt you will have to pay unfortunately.

Do you have to be a US citizen to file a lawsuit in IL against a foreign corporation also located in IL?

Question

Do you have to be a US citizen to file a lawsuit in IL against a foreign corporation also located in IL?

Answer

Generally, anyone with a proper claim and standing to bring a lawsuit can file a lawsuit against anyone or entity in Illinois.

How do you put out a bush fire?

How do you put out a bush fire?
Well generally bush fires are put out by firemen...
If you have accidently started a tiny one i would suggest either jumping on it (with shoes on of course) or putting a fire blanket over it. Another thing to do is to use a fire extinguisher, hopefully you haven't made a fire and this was a random question.

Hope this helped?

What are the exceptions to offeror revocation?

Question

What are the exceptions to offeror revocation?

Answer

You need to provide some factual detail because your question is incredibly vague.

What are the release dates for Soundstage - 2003 America 3-7?

What are the release dates for Soundstage - 2003 America 3-7?
Soundstage - 2003 America 3-7 was released on:

USA: 18 August 2005

Recently my neighbor and his wife were evicted from their house. Well they still come over my place to visit. The landlord recently contacte...

Question

Recently my neighbor and his wife were evicted from their house. Well they still come over my place to visit. The landlord recently contacted me and said the neighborhood has called her on a daily basis saying that the neighbors that got evicted was living with me. They are not living with me just visiting. Well my landlord threatened me with eviction. She said that she doesn't want them near my place or even on any of her properties or I will get evicted. Is that even legal? They only got evicted because the landlord was tired of getting partial payment of their rent.

Answer

Your lease controls your agreement with the landlord. As long as you are not in violation of the agreement, you cannot be evicted.

responsible for the full amount of rent if there are repairs being done that took 3 weeks to fix as water was coming out if my bathroom ceiling

Question

responsible for the full amount of rent if there are repairs being done that took 3 weeks to fix as water was coming out if my bathroom ceiling

Answer

Based on your zip code, you're in Chicago, and may be covered by the Chicago Residential Landlord & Tenant Ordinance. Sounds like the landlord was responsive and fixed the problem, but it took 3 weeks. The Ordinance gives you the right to fix minor things to a point, and to terminate for major things, but only if the landlord is not responsive. Otherwise, your lease may have a section about partial abatement of rent in case of situations like these, but generally full rent is payable but there may be an insurance claim for loss of use if you have the right kind of renter's insurance. Otherwise, and in absence of a lease provision allowing you to deduct anything, full rent is owed.

Have i been unlawfully arrested? on the 4th of October I decided to hang out with an old highschool friend because it's been awhile but befo...

Question

Have i been unlawfully arrested? on the 4th of October I decided to hang out with an old highschool friend because it's been awhile but before I headed over to his place I took out $390 from an ATM (300 for bills I was gonna pay and 90 for luxury). I put 90 of it in my wallet and the 300 in the pocket inside my pants right pocket. I went over to his house and another one of his friends showed up not too long l8r already having been drinking and with more beers in her car. They talk me into buying a bottle of liquer so we went to the nearest liquer store where I spent 20 on sum Bacardi rum. So now I have 70 in my wallet. We get back to his place where we play poker for sum time. I only had two shots, he hadn't drank anything, and she has had like 4 or 5 beers by that time. My pal decides he wants to go pick sum1 else so he talks me and his other pal to going with him. He's driving, she's passenger, and I'm in the back calling/or texting the other guy we're picking up but before we pick him up my old highschool buddy starts throwing a wild childishtantrum about something small and stupid (which he is known for going crazy over stupid things). So I try and calm him down but he attacks me, I let him attack me given that I'm a pacifist but then he gets outa the car and keeps going at me so I push him off, he leaves cursing and yelling at me to walk home. So I'm left there now without a phone because I must have dropped it in the middle of using it before he attacked me. So I decide to start heading towards some of the open shops in the distance so I could arrange a ride for me, but before I'm even able to get much further my name is yelled out and I turn around only to be surprised by the immoderate lights of a police car and sirens. Officer gets out while two other police cars come out of nowhere. They start questioning me if I was in a fight, I say no but I was in an argument where I was kicked out of a vehicle and left here. They ask me whom I was with but I wouldn't tell them because I felt like being nice to my old pal; he was in jail not too long ago and has just barely goth off probation. Officer asked me what I was doing so I told him I was trying to arrange a ride for myself and asked him that now that he was there if he could give me a ride or let me use his phone he said no because I was being detained. He then asked what we were up to before this, I let him kno that we were just picking sum1 up and head back to his place, but would try again to see if he would aid me but he seemed determined to find something. They held me there for a long time and as i kept trying to ask why i was being detained and try to get them to see that i hadnt done ahything wrong they begun to yell at me to shut up becasue i wasnt making any sense. They arrest me with public intoxication without breathalizing me nor even drawing blood, they take me to the city jail where they put me on suicide watch for 18 hours (which I had no idea till I was released and I don't think half the officers knew Either because before releasing me they were wondering why I wasn't in a pickle suit and I kept asking why I was even on it because I had done nor said anything to get me on suicide watch). When they came at me with my materials list the 300 was not listed and I kit telling the, that I had it but the keys saying that i didn't. In those 18 hours I didnt get food because they only served ham sandwiches (I'm allergic to pork) and I let them know but they said they weren't going to get me anything else. After I got out i went to his house for my phone and he apoligizes for wht hes done except for the money part, he just says srry aboutthe money without me having tell him anying about it yet? I also learn that he somehow got a few things out of the blue. So basically this guy beats me out of the car and jacks me gets away and the victim is arrested, what can I do about this?

Answer

It sounds like you're going to gave to make a police report about your friend, and sure him i'm civil Court.

Good luck

what do I do if I received an underage drinking violation and my court date is first thing Monday morning. How do I plead and what is the ne...

Question

what do I do if I received an underage drinking violation and my court date is first thing Monday morning. How do I plead and what is the next step. I received Friday night and can not find a law office open to inquire and court date first thing Monday morning.

Answer

You only need to plead not guilty on Monday. This will set up a pretrial several weeks from now. You will be able to get privileges in 15 days to drive. Call me directly to discuss all the particulars: 216.952.1990.

I have very unique textile designs not being a business person, I want to patent, trademark or copyright them. Which one? I'm not sure, and...

Question

I have very unique textile designs; not being a business person, I want to patent, trademark or copyright them. Which one? I'm not sure, and if I need my own incorporation set up to make sales via i.e. clothes, tiling, art, etc. Or I was wondering if it's possible to have the designs protected and creating contracts for people to use my designs with me earning a percent of profit for the use. What does it take to create a contract and must I make sales, sales would be a huge risk. So basically which protection is best for new pattern designs which can be applied to almost anything? Do I need an incorporation to make money? Can I sell them in contracts but still have them as my own? And where can I get a solid contract, how do I present it and what percentage is reasonable to gain?

Answer

You need to contact a qualified intellectual property attorney. None of the answers you need about the products can be done in this forum. The issues about incorporation or entity status may require an additional business law attorney.

My name is jamie. I have a 3 year old son with my husband. Well I'm wanting to separate from my husband and leave with our son. Cause he is ...

Question

My name is jamie. I have a 3 year old son with my husband. Well I'm wanting to separate from my husband and leave with our son. Cause he is abusive to me every now and then. I just can't take it anymore and plus we just aren't working out. Well he won't let me leave or my son leave. I told him a lie that I would sign a paper saying I have to have a job and my own place in two months, if not he could have our son ( I only said that so he would let me leave and my son leave with me). But even though I didn't mean it could it still be held up in court if he did decide to take me to court. Thank you.

Answer

Any such statements or agreements you made, whether verbally or in writing, are not binding. The court will look at the best interests of the child using numerous factors in the child custody act to determine custody and parenting time.

Answer

I routinely handle divorce and custody matters. There are things you can do now to better your position once you choose to file your divorce complaint. Contact me for more information. See my website for contact information and my recent results in similar matters.

I received by mail a red light camera citation and I am not the driverIn Florida am I required by law to disclose who was driving my car? Wh...

Question

I received by mail a red light camera citation and I am not the driverIn Florida am I required by law to disclose who was driving my car? What if I send in the affidavit without the driver info filled out but I have it notarized that states that I was not the driver?

Answer

The statute says you must. If you fill out a generic affidavit without naming the driver, I have seen judges not consider it. As an attorney, however, I have been able to get these situations dismissed, but you need to contact an attorney in your area who knows the judges best.

I own a commercial property in Calif.My tenant is very problematic. He is always late with his rent.His rent is $7,000 per month.1 . Does Se...

Question

I own a commercial property in Calif.

My tenant is very problematic. He is always late with his rent.

His rent is $7,000 per month.

1 . Does Section 827 apply to a commercial property?

2. How much (maximum) can I charge for a late payment? Can I also charge a daily payment in addition to the late payment? i.e. Late payment $1250, each additional day $100?

Answer

Subdivision (a) of section 827 applies to all tenancies. Subdivision (b) is clear from its terms that it applies to residential tenancies.

With respect to late fees, the general rule is that the law abhors a penalty. Courts in California are reluctant to enforce a late payment fee that is a severe penalty. On the other hand, a court will be more likely to enforce a "liquidated damage" provision that attempts to adequately compensate the parties for a breach. So a late fee that covers fees that a landlord may have to pay on a late loan payment as a result of late payments from a tenant could be upheld, but a blanket severe penalty of 50 percent of the rent would not likely be upheld in court.

I have to get an expensive dental procedure but cannot pay the full amount at this time. My dentist's office verbally told me that they acce...

Question

I have to get an expensive dental procedure but cannot pay the full amount at this time. My dentist's office verbally told me that they accept credit cards for payment. I told them that I would like to pay for my procedure by credit card and they told me that they would charge me a 10% fee on top of the procedure fee to use my card. Is it legal for a dental practice to charge a fee to use a credit card in New York?

Answer

Just an aside: dental schools do great work at low prices. Call SUNY Stonybrook and see if you can get an appointment soon enough. Someone recommended Farmingdale State College for basics like cleaning then SB for other work.

All new adult patients must participate in a screening evaluation prior to becoming a patient at the Dental Care Center. To register for an initial screening appointment please call (631) 632-8989 between the hours of 8:30 am and 5:00 pm Monday through Friday.

Under Pennsylvania law, if a tenant vacates your property and is wanted for several frauds and no where to be found, does a landlord have an...

Question

Under Pennsylvania law, if a tenant vacates your property and is wanted for several frauds and no where to be found, does a landlord have any legal recourse to recoup three months rental arrears in a civil procedure?

Answer

Yes but if you can find the tenant how are you going to get the tenant to pay the judgment,

John

How does a car engine generate power?

How does a car engine generate power?
the patrol enter the basins where it will fired with the power generated from the piston to the plugs

What causes low acceleration?

What causes low acceleration?
Several things cause low acceleration. One, your engine needs a tune up. Your carb or injectors are clogged and your plugs are worn out. Two, your catalytic convertor is full of crud and the exhaust gasses can not get through it. They back up in your engine and wont let it accelerate. Three, maybe your transmission is slipping.

I was trying to sublet my apartment and someone agreed to take it over Facebook message. She said that she would "definitely" take it, and n...

Question

I was trying to sublet my apartment and someone agreed to take it over Facebook message. She said that she would "definitely" take it, and now she's backing out. Because she agreed, I stopped looking for someone else. Is there anything that I can to do force her because she made the agreement in writing? She also knew the price.

Answer

The issue here is two-fold:

1. After mitigating your damages by subletting to another person, is there sufficient monetary harm to warrant an action against this person?

2. If you do take action against this person, do they have sufficient wealth to make the suit worthwhile?

Generally, my experience is that people who file suit against tenants often find their judgments uncollectible or subject to discharge in bankruptcy.

- BensonBankruptcy.com

i am usa citizen and i want to sponsor my mother, fatherbrother from india .he is over 25year old not married.I want to know the period to ...

Question

i am usa citizen and i want to sponsor my mother, father&brother from india .he is over 25year old not married.I want to know the period to take and fee

Answer

Petitioning a sibling, who is an Indian national, is currently backlogged over 12 years. Your parents would be "immediate relatives", so there is no backlog.

The I-130 petition USCIS filing fee is $420 per person/petition.

Can police drive off in your car after they pull you over?

Question

Can police drive off in your car after they pull you over?

Answer

In certain circumstances police may drive a member of the public's vehicle. In certain circumstances a vehicle may be seized, for a variety of reasons. Tricia Dwyer Esq. Minnesota Criminal Defense Attorney ph 612-296-9666 http://DWYERLAWFIRM.net

What group recorded the tune 'Boogie Woogie Bugle Boy'?

What group recorded the tune 'Boogie Woogie Bugle Boy'?
ANDREWS SISTERS

Question: can we recoup the cost to reconnect our sewer lateral to the city main from the previous owners of the house next door that discon...

Question

Question: can we recoup the cost to reconnect our sewer lateral to the city main from the previous owners of the house next door that disconnected it when they put in their new sewer lateral?

Backstory:

We bought our home Aug. 2014 shortly thereafter the sewer started backing up. Over the last two months we've had a couple of plumbers out. The first said we had a broken pipe(but his company doesn't install new one). Our lateral sewer line goes out our back yard and then turns and connects with neighbors to go to city connection. Talked with the owner of that house and explained the issue(as she was putting up for rent signs ), she said they replaced her lateral a year or so before, by the end of the week after talking with her they put the house on the market for sale. We needed permission to go on their property to fix ours. Called and talked with the real estate agent and didn't get anywhere. so finally we are completely backed up in our house, the house was in closing next door, talked with new owners and got the city building inspector to issue a permit to dig. (there is a sewer line easement in place). Dig up the area our plumber believes there is a break and low and behold the previous owner(and/or the plumbing company they hired) disconnected our sewer line connection and ran their new line into our hookup for the city. So for the last year and a half to two years the sewer has been draining into the ground. City building inspector gave the permission to reconnect the line into the neighbors line and to the city main. so our actual shared line is only about 10 feet now.

Answer

That is at least worth talking to a decent real estate attorney. That attorney is going to want to explore any and all easements, and the property history with you.

Partial Distributions and closing estateI am the executor for my mothers estate, total assets under 600K. The estate has been open since Feb...

Question

Partial Distributions and closing estate

I am the executor for my mothers estate, total assets under 600K. The estate has been open since February 2014 and all assets are gathered in an estate bank account except for about 40K from a 401K account. I would like to wait until 2015 to liquidate the 401K to reduce tax implications.

1) Is it proper to partially distribute the majority of the estate to beneficiaries (my sister and me and our children) leaving a reserve for year end-taxes, then the remainder whn the estate closes?

2) What will I need to do to formally close the estate?

Answer

(1) Yes.

(2) Usually all that is needed are Release and Refunding Bonds by which the beneficiaries acknowledge they have received their entire distribution. These get filed with the Surrogate to close the estate.

Since you are making a partial and a final distribution, I usually obtain 2 R&RBs; - one for the partial and one for the final distribution.

This may run a few dollars more in recording fees, but it assures everyone that things are going as planned and that a final distribution will occur. Plus, it assures you that everyone will sign off that they have gotten what there are entitled to.

Answer

You have the answer from Walter LeVine, Esq.

Let me know if you want me to help you with this.

Robert Davies, Attorney

I am in California and about to lose my job. We will be under the means test to qualify for Chapter 7 Bankruptcy. The question I have is abo...

Question

I am in California and about to lose my job. We will be under the means test to qualify for Chapter 7 Bankruptcy. The question I have is about rental property. We bought our house in a small town and after three years, moved out of our home and started renting a home closer to work which happens to be an hour away from the home we own.

Our mortgage is $1238 a month and we rent out our old home for $1050 a month. If we do Chapter 7 bankruptcy, can we protect our rental house since we don't own two homes? We really don't want to move back for a few months and then move back to where there are job opportunities.

If we were to claim we lived in our rental home, how would the bankruptcy court find out if we really didn't?

Answer

Does the rental property have any equity in it?

If you claim something that is not true, is that not a lie? When you sign the petition, you certify under penalty of perjury that you are telling the truth. If you get caught, you will likely lose your bankruptcy discharge and possibly be prosecuted for perjury. Not worth it, in my opinion.

To avoid losing your rental property, I suggest you hire a reputable bankruptcy attorney in your area who can advise you on how best to protect your property.

Answer

The homestead exemption applies to one residence that you live in. Other than that their is a wildcard exemption of about $22,000 that applies if you don't need to take the homestead exemption on your residence that could used on any property

http://www.superdebtbuster.com

property in foreclosure,poss sherriff sale,3 owners 1 listed on loan as non-borrower but has name on deed,this person owns their own home, i...

Question

property in foreclosure,poss sherriff sale,3 owners 1 listed on loan as non-borrower but has name on deed,

this person owns their own home, is their property in jeopardy?

Answer

Yes and no. Directly, no. Just because person A is an owner of land in foreclosure does not mean that person A's own home is directly at risk.

The problem is in the deficiency laws. PA appears to allow actions for a deficiency. The action can be brought against all of the owners of the property. I don't know what assets person A has or does not have, but person A needs to consult a real estate foreclosure attorney to find out whether a deficiency action is likely and what the liability will be if that occurs. If person A has assets and the lender recovers a deficiency judgment, then that judgment becomes a lien on person A's real and personal property and any judgment can be executed (collected) on.

if a person unlawfully enters your house or trespasses and does not leave after being asked multiple times, do I have the right to use force...

Question

if a person unlawfully enters your house or trespasses and does not leave after being asked multiple times, do I have the right to use force or can I be charged with assault and battery

Answer

Unless they are posing some physical threat to you, I don't believe you would be entitkes to use excessive physical force in removing them. If all they are doing is standing there nd refusing to leave, you can call the police. Unless you want to risk being criminally charged or sued, I would suggest avoiding using physical force unless they are using or attempting to use physical forceaagainst you. It is always best to call the police and wait if that is possible.

Do an employer has to honor an schedule that was promissed

Question

Do an employer has to honor an schedule that was promissed

Answer

Your answer is too vague and impossible to answer without knowing: a schedule for what? promised to whom? and promised in what manner (letter, verbal, signed stipulation filed with the court, etc.)?

Answer

No. But if you show up as scheduled and are sent home, you are entitled to 2 hours time.

What happends when you rent a retail store and. You want to break it

Question

What happends when you rent a retail store and. You want to break it

Answer

The landlord is obligated to find a new tenant by all commercially reasonable efforts, and you are liable for the rent until they find a new tenant, plus costs of finding the tenant. Or you cut a deal.

Answer

Well, there are a variety of ways to terminate a lease and possibly experience no liability and/or reduced liability in that process...first by review of the lease document and second by a statement of relevent facts as to why you believe the lease should or could be terminated.

You will want to select a business development attorney to review the lease and discuss the facts.

By Grace...

Shawn Jackson ESQ. (707) 584-4529

Business Development Attorney

No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided neither is not legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.

EMAIL: [email protected]/* */

www.CaliforniaBusinessDevelopmentAttorneys.com

www.CaliforniaBusinessDevelopmentCenter.com

www.CaliforniaBusinessDevelopmentPlans.com

My ex filed a claim to increase her child support. My oldest child is 18 and I have a year left for my 17 year old son. My wife and I have a...

Question

My ex filed a claim to increase her child support. My oldest child is 18 and I have a year left for my 17 year old son. My wife and I have an 8 year old daughter. The ex is claiming a financial hardship because she and her new husband had a baby. Why would I have to be responsible for her baby from her husband? Why request more financial assistance from me? I have nothing to do with her new family. She is trying to juice me until the end. She was in contempt of court by moving the kids out of the county without my knowledge or asking permission from the courts. When I took her to court for contempt her attorney stated I didn't serve her correctly even though we were all in court and she couldn't deny that she was in contempt. Long story short it's another case of parent alienation. My kids have been brainwashed and do not want to see me so she has them 100% of the time. She also lied on the child support modification documents by not listing the 2 properties she owns one being income property which generates income and owes less than $40k on it. Will this just be another scheme that she will be able to get away with?

Answer

The financial hardship is a credit for the obligor parent who gets credit for a child with another relationship. It is not a ground for a supported parent to increase child support. It is not your duty to support someone else's child.

I have a 5.5 year old daughter whom I have raised for the past 4.5 years on my own without help. Months ago I filed for child support becaus...

Question

I have a 5.5 year old daughter whom I have raised for the past 4.5 years on my own without help. Months ago I filed for child support because even working full time, its not an easy thing raising a child as a single parent. As a response my ex-filed for full custody of a child he refused to acknowledge was his until I filed for support at Los Angeles Superior Court in Pomona, Ca.

As a result, custody is shared 50/50 in a 2 day me, 2 day him and alternating weekends (2-2-3) and I was awarded support for our child, but every few months he files "emergency" orders and lies about me in court documents. The most recent basis for the emergency order was him claiming that I have our daughter sleeping at several men's houses during the week who I date and that I have had 3 fiancees and numerous boyfriends in the passed year and that she sleeps on random couches and that I never spend any time with her. He also said that all I feed her is top ramen and that she goes to bed hungry most nights and that she is behind in school and is "habitually tardy" to class and that I have been a no show to 2 parent teacher conferences.

I cannot afford a lawyer, so I spent a great deal of time researching what I would need to respond to his and his lawyers "Request for Order" and I types out my response on the proper forms and filed them. My response noted that I actually had just moved into my own place (prior to that I lived with my mom and dad) and that our daughter has her own bed, is well fed and that she is in fact not behind in school or habitually tardy and that I have been in the same committed relationship with the same guy for the last year. I had attached her attendance record (5 tardies since school started in September, 3 of which happened while she was with him), and I sat down with the teacher who gave me a signed form that stated that our daughter was at grade level and that she was in no way at all behind in her class.

His response filed was that I do not own a refrigerator, that she is not fed properly, and that her sleeping arrangements consisted of a mat on the floor, that I lived in a rented house with "several other couples" and that my daughters room "is actually shared with 2 other couples" and that while I "may be ok with our daughter performing at grade level, he is sure she is capable of top notch work".

In my response to his response, I attached my lease agreement that states the place is mine, the receipt for my fridge which I had to buy because the place didn't come with one, I attached pictures of my daughters full sized bed and wooden bed frame with her belongings (tv, dvd player, disney movies, dolls, art supplies), and grocery receipts for the entire month that reflected purchases above and beyond top ramen.

The result was that I work retail full time, and that custody would still be 50/50 and that my 50% would come when I'm not working, so he would have to work with me and be flexible. This has turned into a nightmare because he refuses to give me my time with our child. So far, I have only gotten to see her on my 2 days off and when I brought it up he screams at me, threatens me and then refers me to his lawyer. Any time I attempt to engage this man I am screamed at, threatened, bullied and attacked verbally (during our relationship he used to physically abuse me).

In this case there are 2 lawyers, 1 is his lawyer (his parents pay for him) and the other is a court appointed lawyer for our child. I never get to see the commissioner, its always his lawyer, and the court appointed lawyer in closed quarters and I wait in the hallways of Pomona court while they decide whats best. When I have an issue, he refers me to his lawyer or our child's lawyer, who literally wont return my calls until I give her a down payment of $800 which I cannot afford. Our child's court appointed lawyer with me is often times rude, insults me and gives commentary on how I dress. I am literally the only party who is not represented by anyone and I want to be able to stand in front of the commissioner and share the things that are happening. If I could afford a lawyer, I would, but I cannot. I went into a local lawyers office and the average for someone to represent me is $1500-$2000 just as a down payment.

My ex is now using this new custody arrangement to keep my daughter from me and keeps bullying me over a co-parenting website the court had us sign up for.

How am I able to see the commissioner instead of being an unrepresented party in the decision making? How should I handle this? For every lie and personal attack, I can and have proven the truth with paper work or pictures. What hes doing has to be blatantly apparent to the court, because I'm sure they've seen it all before. What steps should I consider taking to help me and my daughter? Please Help.

Answer

You need to find a lawyer. There is no other way to deal with this. If there is a significant disparity in income, he can and usually will be ordered to pay part or all of your attorney's fees.

If I have an NDA with a company and that company is bought, do I have and NDA with the new parent company?

Question

If I have an NDA with a company and that company is bought, do I have and NDA with the new parent company?

Answer

Not likely, but there could be circumstances where this may apply. Your specific circumstance and agreement needs to be considered by legal counsel if you are seeking any actionable legal advice here.

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

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

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

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

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

Last Saturday I found notes that my fiance planned on leaving the state with our son. We have been living together for 4 years. I am on the ...

Question

Last Saturday I found notes that my fiance planned on leaving the state with our son. We have been living together for 4 years. I am on the birth certIficate and he has my last name. That morning I retained a attorney and notified her. She packed that night abd left immediately. Monday morning we filled emergency orders to prevent each parent from leaving the state. The judge signed order but now she is already 2500 miles away. She is avoiding being served and will not tell me where she is. Will she have to return at some point?

Thank you. p

Answer

There are additional steps you should take in my opinion, including but not limited to filing a warrant for production (allowing police to seize child by force if necessary). Once AZ issues these orders, then we file it in state she is in. There are other methods we cn discuss in more detail, but we would want to know more detail to give you the best possible answer specific to your family law matter. We offer free 30 minute consultations if you have further questions 623-748-8973. I wish you the very best.

Can I handle traffic violations from a different state? I have a DUI from 2006 and a driving on revoked in 2008 in the same state. I did not...

Question

Can I handle traffic violations from a different state? I have a DUI from 2006 and a driving on revoked in 2008 in the same state. I did not live there either time so it was tough to handle it without losing my job in New Mexico. I need to handle them so I can get my license back. Thanks!

Answer

In most cases like this, we can handle the old charges without you losing your job although you will need to travel to Illinois for processing and Court appearances. Depending upon which Courts you have cases, I may be able to help you myself. I have handled hundreds of traffic and criminal cases throughout Illinois since 1980. Feel free to contact me directly.

3 months ago I signed away all my rights to any if my husbands retirement on an official form from his employer via a Notary. After months o...

Question

3 months ago I signed away all my rights to any if my husbands retirement on an official form from his employer via a Notary. After months of pressuring me & some threats about him not having any money unless I did. He said he couldn't pay the mortgage, bills, etc. is there anything I can do before any more time passes? We been married for 33 years.

Answer

Who was threatening and pressuring you to sign? Yes, something can be done but you need to act quickly. You need to speak with an elder law attorney to have the form reversed.

Answer

You need to get a family law attorney as soon as possible in your corner. It sounds as though he is preparing for a divorce.

What should be pet love nickname for sakshi?

What should be pet love nickname for sakshi?
shi shi sounds cute

Hey. I received threatening text messages from who I thought was boyfriend. Now that I have a copy of the police report, I see that his moth...

Question

Hey. I received threatening text messages from who I thought was boyfriend. Now that I have a copy of the police report, I see that his mother stated she had the phone on the day of the incident. What can I do to make this right? There was an warrant issued for his arrest and his is currently incarcerated.

Answer

Bear in mind there is a strong possibility the mother is lying to protect her child. Let the police know what you heard. If the mother is lying, she'll get arrested too in all likelihood. If she's not, she probably will get arrested and the boyfriend's charges can be dropped.

can you be considered for a work visa in US if you have a drug conviction in US?

Question

can you be considered for a work visa in US if you have a drug conviction in US?

Answer

You can be depending on what the drug conviction was for. For a free consultation, please call my office at 904-371-3538 or email me at [email protected]/* */

My mothers estate has been open for 8 years and now the attorney has been suspended and has disappeared along with my file. I have nothing, ...

Question

My mothers estate has been open for 8 years and now the attorney has been suspended and has disappeared along with my file. I have nothing, it was all in that file. He got 8000.00 dollars out of the estate and I have no money to hire a new attorny

Answer

And your question is?

First, if the lawyer disappeared, there is still documents on file at the court. I don't understand how an estate can be open for 8 years unless it was unduly complicated. Its just not possible. Most estates are wrapped up in 1-2 years. For estates that are not wrapped up, the clerk starts sending out notices and if a lawyer is not moving things along, then the clerk notifies the NC State Bar (assuming the estate is probated in NC). So something is not right here.

What I would do first is see if there is even an estate pending. My guess is that the lawyer never filed an estate and took the money. If that is the case, there is no estate.

If there is an estate, then make a copy of the file and see what else needs to be done to get the estate closed and any assets distributed to the beneficiaries. You should not need an attorney to do this unless the estate is very complicated. And most attorneys will take their fees out of estate assets so if there are sufficient assets in the estate and you need help, I am sure that you can find local probate counsel to help. You will need a probate attorney who practices in the county where the estate is or would be pending.

Second, this is a serious problem with the attorney. When was the lawyer suspended? I would contact the NC State Bar. For lawyers that are suspended, they secure the files and farm out the work to other lawyers or return them to the clients. See if your file was obtained and if so, who has it. There is also a client security fund. For lawyers who have caused a loss to the client, claims can be made against the lawyer if the lawyer has no malpractice insurance. Find out from the state bar whether the lawyer had malpractice insurance and if they did file a claim. If the lawyer did not have it and has fled, then you will have to make a claim against the client's security fund.

There are time limits for doing all of this and you do not indicate when the lawyer was suspended and fled. So I would get on this now.

If this is in a state other than NC, then you need to contact the state bar for that particular state. I assume that most states have a similar process for making claims against suspended/disbarred attorneys.

In Febuary 2014 my son had bed bugs in his room. The landlord gave me a bottle of bedbug spray to use to get rid of the bugs. On may 26,2014...

Question

In Febuary 2014 my son had bed bugs in his room. The landlord gave me a bottle of bedbug spray to use to get rid of the bugs. On may 26,2014 I had a second infestation of bed bugs in my room. The landlord refuses to reimburse me for the damages, i.e. Replace bed and reimburse for having to wash ALL washable items at the laundrymat. Can I sue him for damages since he did not provide adaquite pest removal ?

Answer

Prove they were his fault, and you may have a case.

I am a litigator who is litigating a probate matter for the first time. We represent the Respondent. We settled with the Petitioner in Septe...

A few years ago I did a modification on my mortgage and the bank did not include my husband in it, even though his name is on the deed. Our ...

Question

A few years ago I did a modification on my mortgage and the bank did not include my husband in it, even though his name is on the deed. Our home is being foreclosed on now and we have been told that the mortgage is invalid because he was not included on the modification. We are curious if this is a way we can fight the foreclosure, since he was not added by the bank on the papers.

Answer

When you do a modification of a home, there is no need for you to include your husband. Your husband would of had to sign the mortgage since he has an interest in the property by being married to you and the mortgage secures the property to the note. However, him signing documents does not necessarily mean he is financially liable. The best way to check who is financially liable is to see who the mortgage statements are addressed to.

The fact that he didn't sign any modification papers, or his name was not included on the modification is not a valid legal defense to the foreclosure. You incurred a debt, for the purchase or a home, or secured against real property, you defaulted on your obligation to pay and are therefore in breach of your agreement with the bank.

If you are facing foreclosure, I would advise you to seek legal counsel. If you would like to go into more detail and have me explore possible courses of action to resolve your legal issue, please feel free to contact me at [email protected]/* */ I offer absolutely FREE consultations.