I am 16, and live in New York. I will be turning 17 in july, so I only have roughly a year and a half before I am no longer a minor. I under...

Question

I am 16, and live in New York. I will be turning 17 in july, so I only have roughly a year and a half before I am no longer a minor. I understand New York does not have emancapation rules. I currently live with my mother, who emotionally and occasionally physically abuses me. There have been several social worker cases regarding my home throughout the years. Recently I've been in contact with my father, he has been on and off again present in my life. He has not paid child support in quite sometime, but legally standing, there has not been a custody battle between him and my mother that gives her sole custody. If I were to move in with him, what could my mother do to try and take me back? And legal advice or where I or her stand would be grateful.

Answer

If your father wants to take custody of you, he needs to file a petition to do so. Your father may want to consult with an attorney regarding his rights. However, just moving in without a court order may create problems for him, inlcuding a charge of parental inteference.

Also licensed in New York.

I was charged w theft by deception shortly after I filed chapter13 bankruptcy the prosecutor said the charges would be dropped if I made res...

Question

I was charged w theft by deception shortly after I filed chapter13 bankruptcy the prosecutor said the charges would be dropped if I made restitution however I have been informed if I do I will violate federal bankruptcy law is there any options for me to make restitution without violating bankruptcy?

Answer

You need to have the atoorney handling your bankruptcy make sure that the agrieved party is lusted as a creditor. Then send a copy your filing to the orosecutor. They are barred from trying to collect from you, even through threat of prosecution .

Good luck

I am a member of a credit union bank. From time to time I would withdraw money from my credit card. Mind you....a withdrawal cannot be made ...

Question

I am a member of a credit union bank. From time to time I would withdraw money from my credit card. Mind you....a withdrawal cannot be made unless you have credit/sufficient funds. So over the course of time, I made withdrawals that amounted close to $3,000. When I was making these withdrawals, I was always told that I had a credit and was able to make withdrawals. However, in June of 2013, I received a statement showing that I was over my limit. The bank had taken all the withdrawals I made in the past, under the assumption that I had sufficient funds, and stacked it all on my bill at once. I initially thought someone had committed fraud on my card until they gave me a lame excuse for the cause of the problem. Apparently during this time the bank was in transition of converting to online banking and they had some "complications" on their end. A representative told me that I was supposed to receive a courtesy call from someone to make me aware of the error, but they made the mistake of never getting in contact with me. The rep also told me that I should have noticed the lack of cash withdrawals on my bank statement and bought it to their attention. So, aside from harassing calls to pay back money that I was told I had in the first place, the bank has frozen my assets until I make the overdrawn payments. On another note, I paid $700 back towards the bank over the past few weeks and although they have a record of it on their end, the payments have not been displayed on a recent bank statement received from them recently. So, if these guys cannot get me an accurate bank statement, how can I be liable for not notifying them of "their" errors. I honestly don't feel I should be liable for those withdrawals, if they were the one who made errors on their end and made me think I had funds available.

Answer

Your post does not have a clear question other than "how can I be liable"? It is simple, really - if you take out more money than you had (whenever it showed up on the bank's system) you're almost always legally obliged to pay it back. Although banks must keep accurate records, customers are also expected to keep track of deposits and withdrawals in a check register or deposit book. A delay can wreck havoc but it is not clear how long of a delay in posting the transactions. When payments/credits are not showing up, a customer should immediately contact the institution in writing. To get the protection of certain federal law a consumer complaint might need to be made within 60 days, though there are a host of banking rules and regulations far beyond the scope of this answer.

You're welcome to challenge the bank, of course, but it is highly unlikely that a customer who actually made the charges / withdrawals would prevail. Please keep in mind that the above response offers general legal information and not a detailed review of your particular situation.

I made a 2000 deposit on a car and the next day changed my mind. the salesman is saying I cannot get my deposit back

Question

I made a 2000 deposit on a car and the next day changed my mind. the salesman is saying I cannot get my deposit back

Answer

There is no right to rescind or cooling off period in Florida. If you signed a contract for the sale you are likely bound by it. That doesn't necessarily mean the deposit is forfeited. The answer most likely depends on where you are in the sales process.

While admitted to the hospital my dad fell and broke his hip that required two pins , is the hospital liable for his injury ?

Question

While admitted to the hospital my dad fell and broke his hip that required two pins , is the hospital liable for his injury ?

Answer

Potentially. It depends on the facts of each case. Give me a call to discuss. 501-255-7406.

can a facebook post constitute harassment? here is the post,"i am tired of the bs, leave it at the front or i will put a gun to your head an...

Question

can a facebook post constitute harassment? here is the post,"i am tired of the bs, leave it at the front or i will put a gun to your head and pull the trigger."

Answer

The answer is yes. Report it to the police.

Here's the statute.

708.7 HARASSMENT.

1. a. A person commits harassment when, with intent to

intimidate, annoy, or alarm another person, the person does any of

the following:

(1) Communicates with another by telephone, telegraph, writing,

or via electronic communication without legitimate purpose and in a

manner likely to cause the other person annoyance or harm.

(2) Places a simulated explosive or simulated incendiary device

in or near a building, vehicle, airplane, railroad engine or railroad

car, or boat occupied by another person.

(3) Orders merchandise or services in the name of another, or to

be delivered to another, without the other person's knowledge or

consent.

(4) Reports or causes to be reported false information to a law

enforcement authority implicating another in some criminal activity,

knowing that the information is false, or reports the alleged

occurrence of a criminal act, knowing the act did not occur.

b. A person commits harassment when the person, purposefully

and without legitimate purpose, has personal contact with another

person, with the intent to threaten, intimidate, or alarm that other

person. As used in this section, unless the context otherwise

requires, "personal contact" means an encounter in which two or

more people are in visual or physical proximity to each other.

"Personal contact" does not require a physical touching or oral

communication, although it may include these types of contacts.

2. a. A person commits harassment in the first degree when

the person commits harassment involving a threat to commit a forcible

felony, or commits harassment and has previously been convicted of

harassment three or more times under this section or any similar

statute during the preceding ten years.

b. Harassment in the first degree is an aggravated

misdemeanor.

3. a. A person commits harassment in the second degree when

the person commits harassment involving a threat to commit bodily

injury, or commits harassment and has previously been convicted of

harassment two times under this section or any similar statute during

the preceding ten years.

b. Harassment in the second degree is a serious misdemeanor.

4. a. Any other act of harassment is harassment in the third

degree.

b. Harassment in the third degree is a simple misdemeanor.

5. For purposes of determining whether or not the person should

register as a sex offender pursuant to the provisions of chapter

692A, the fact finder shall make a determination as provided in

section 692A.126.

I live in PA with my son and his girlfriend. The home is owned by my son the mortgage is in both their names...

Question

I live in PA with my son and his girlfriend. The home is owned by my son & the deed is in his sole name; the mortgage is in both their names. I pay rent to HER since she writes the checks for the household bills. Even though none of the circumstances have changed since I moved in, she has decided she doesn't want me or my pet here anymore, claiming my "being here" somehow "invades her privacy." She has an explosive, irrational temper. I am female, 54, permanently disabled due to deteriorating spine, and have just been hospitalized twice in a week for a new heart condition. I am awaiting a date for a procedure to hopefully correct it. Yesterday while son was at work, she began screaming at me out of the blue, cussing me, calling me horrible curse names, threw a hangar at me & spit in my face! I never raised my voice & repeatedly told her to leave me alone. Is spitting in my face or anything she did considered an assault or against the law in PA?

Answer

What your son's girlfriend did to you is certainly insulting, but is not considered an assault under the Pennsylvania Crimes Code. If you want to be assured that she cannot get angry and throw you out, you should sign a lease with your son because he is the sole name on the deed and pay the rent by check directly to him.

Can my employer lay me off for not doing overtime?

Question

Can my employer lay me off for not doing overtime?

Answer

Florida is a right-to-work state. This means that the majority of the employees have "at-will" employment. Hence, a lay off or separation/termination can occur for many reasons as long as it is not an illegal reason such as discrimination, retaliation, etc.

An employee who does not like the terms of employment which includes performing overtime work is not protected and can be laid off if the employee no longer wants to comply with the terms of employment offered by the employer.

Ncp (mother) lives out of state. she has seen the child (now age 12) once in 8 years for her visitation, which was 4 years ago. There has be...

Question

Ncp (mother) lives out of state. she has seen the child (now age 12) once in 8 years for her visitation, which was 4 years ago. There has been no contact between the mother and child since 2008, no birthday presents, christmas, etc..nothing. The ncp does send a summer visitation request letter(she gets 4 weeks) every summer asking for her visitation. Court order states she cannot have the child the week of July 4th which is the fathers vacation time every year. Of course every summer her request includes that time frame, when she is told we have every intention of providing her with her visitation but she must choose dates not to include that week she says "your denying" me, and thats the end of her...until the next summer!..is there a certain length of time that if there is no contact, in years that we can legally not let the child go for her visitation. What are the legal rights of the child who doesn't even know this "mother" anymore? she has not finacially suppoted the child in one year.Child support enforcement has that case. Any suggestions?

Answer

Hello and welcome to LawGuru.com. I would be happy to help answer your question. To answer your question. In a situation where one party has not exercised his/her visitation in many years. The other spouse may want to apply for a modification of the current parenting plan. In the state of Florida one can apply for a modification of a parenting plan based on a substantial and continuous change in circumstances. Once a court is willing to consider a modification the court will then determine whether a modification is in the best interests of the child. To determine the best interests of the child the court will look to a number of factors including the past relationship with the child and each parent. In the case where one parent has failed to exercise visitation rights for a number of years, this will definitely be considered by the court in making a determination. Good Luck and please remember to contact me in the future with any paid questions you may have and i would be happy to answer them. Good Luck to you and thanks.

My mother died in 2008, after being married to my stepfather for 15 years. She had a will but we have never been informed about anything. he...

Question

My mother died in 2008, after being married to my stepfather for 15 years. She had a will but we have never been informed about anything. he recently died. i believe that they had planned for all the childern and stepchildren to share equally in the estate

. how do i find out what happened to her will?

Answer

You can contact the attorney who handled your mother's estate, or retain your own to do a little digging for you. The probate file is public record.

I got a DUI in Michigan 10 yrs ago never took a breathalyzer they took blood but never formally charged me, in never appeared in court what ...

Question

I got a DUI in Michigan 10 yrs ago never took a breathalyzer they took blood but never formally charged me, in never appeared in court what should I do? Asking because I want to gravel out of the country and I'm wondering what will happen when I apply for a passport/slash try to leave the country? Thank you!

Answer

Are you sure you actually got a DUI? You should have been charged, had pretrial and appeared in court. Unless you failed to appear and were defaulted. Did you lose your license? Probably should contact secretary of state and see if on driving record. I am happy to recommend attorneys in East Lansing area if need be.

Answer

Call the court that you didn't appear in and ask if they have a warrant issued for you. If you have no warrant, you have no worries.

I am married and live in the state of NC.. My husband and I keep EVERYTHING separate. He has his own Healthcare insurance and we recently fo...

Question

I am married and live in the state of NC.. My husband and I keep EVERYTHING separate. He has his own Healthcare insurance and we recently found out about a serious health condition he has. Since his treatment began, he now has some OVERDUE medical bills that he has not taken care of and he appears not to be pressed about looking into them. Letters have come threatening reporting the bills to the credit agencies. Will this effect my good credit? What can I do to preserve all of my assets? Will this haunt me even if I seek a divorce?

Answer

Unfortunately, due to the Doctrine of Necessities, you may be liable for the debts. Under this doctrine, spouses are liable for the medical bills of the their spouse as long as the medical bills are for necessary services (no cosmetic surgery, unless it was reconstructive after say an accident).

You need to consult with an asset protection attorney to discuss your options. You may also want to post this under family or debt collection law to get other opinions as this is not a civil rights law question.

What is an anime that is similar to either special a kaichou wa maid Sama or nogizaka haruka no himitsu its okay if its similar to more then one and dont say skip beat working or ohshc k?

What is an anime that is similar to either special a kaichou wa maid Sama or nogizaka haruka no himitsu its okay if its similar to more then one and dont say skip beat working or ohshc k?
Itazura na Kiss , Lovely Complex , Kare Kano , Kimi ni Todoke , Best Student Council , Hana Yori Dango , Baka to Test to Shoukanjuu .

i,ve been renting a house at $950.00 a month for 15 years had lease first year then landlord never did another lease said go by original lea...

Question

i,ve been renting a house at $950.00 a month for 15 years had lease first year then landlord never did another lease said go by original lease, he just told me he,s selling the house, and if our credit isn,t good enough to buy it bu may 1st he is sending us an eviction notice in march gives us 2 months to get credit fixed and have full amount he wants in cash in his hand by may 1st or we have to be out bu then, what rights do we have so we don,t get thrown in street by may 1st, he wants $70.000 without even having apprasial

Answer

He is in the drivers seat. If you cannot agree on a price and timing, he can evict you. If you think the price is wrong, you can get an appraisal. He still doesn't have to agree to sell at that price or any price. But, he does want to sell, so you have that as motivation.

I paid cash for my home in 2005. I did not find out until 2007 that my deed was not recorded. I found out because I became a victim of mortg...

Question

I paid cash for my home in 2005. I did not find out until 2007 that my deed was not recorded. I found out because I became a victim of mortgage fraud someone from California who had no ties to Illinois had purchased and recoded his deed that was dated after mine. The California man had us evicted from our home via a demand for possession. The judge stated that my ownership was not properly before the court and would have to be handled in another court. We were active duty military and the jag attorneys stated that it would have to be handled in Illinois after my husband retired. We saw my properties were listed on the internet and contacted the listing agents and the attorney generals office. The California man was arrested for mortgage fraud in numerous states. My properties were sold at sheriffs sales before we got back even though the court house and law enforcement knew I owned the properties outright. I recorded my deeds in 2013 in a adjoining county per the judicial inquiry board advised me to. I am trying to evict the people who subsequently purchased my home. I filed a demand for possession and a motion to show priority and quiet title. My point is that I never sold my ownership to anyone and I never had my home for sale so recorded or not it is still my home. I paid over $500G cash. The subsequent purchasers were all fraudulent purchases. Am I correct or what should I do?

Answer

Wow...you paid $500k for a house and wouldn't pay an attorney a couple hundred bucks for a closing. Penny wise and pound foolish. Hire an attorney immediately, before you lose everything. It may be too late.

Answer

You need to hire a lawyet to represent you on this. According to what you said, this is a quiiet title action and involves issues beyond your skill level.

Answer

I agree with the earlier answers recommending you hire an attorney. You need a reputable litigation attorney with experience in real estate to take a very careful look.

Unfortunately, from the facts as they seem to be described, you may not have a case. Your deed was not recorded. So, even though it established your title, there was an innocent party out there who relied on the public record and did not have access to the private record (deed in someone's possession). In this case, that party was a mortgage company who lent money after reviewing the recorded documents, received a mortgage to secure its loan, then had to foreclose on the property. The mortgage company was out money based on the incomplete record, which ultimately comes back to you.

There may be other things that should be considered. If you obtained title insurance when you purchased the property, as you absolutely should have, the title policy should be considered, as well as why the deed was left unrecorded. If you had an attorney, then you need to question how well the attorney considered the title insurance and why the deed was not recorded.

As stated in a previous answer, if you did not spend a few hundred dollars to hire an attorney and buy title insurance for a home purchase, which for most people is the biggest financial investment of their lives, you may now be answering for the risk you took. If a real estate agent was involved and discouraged you from either using an attorney or purchasing title insurance, then have an attorney consider whether there may be a case against the agent.

In any event, act without further delay as each day is jeopardizing any case you may have, either in the case being barred by a limitations period or in an attorney finding that too much time has passed to present an effective case.

Answer

Are you correct: NO WAY TO TELL!!!! I agree with the others that you need an attorney IMMEDIATELY. The first two sentences of your post are the most crucial because you do NOT say why you didn't learn of fact that the deed was not recorded for 2 years. If the sale was handled through a title insurance company and the company was responsible for recording and issuing a title insurance policy, you have a huge claim against the title insurance company. If you simply failed to record, or didn't get a title insurance policy, or both, you definitely have a huge problem and may only have a fraud claim against your seller. Everything else in your post is really irrelevant to the key question. Based on additional information such as continuous occupancy, payment of property taxes, etc. for 7 years, and other salient facts, may put you in a better legal position.

Hi, my name is Ashley and I just recently started renting a house in March and our first night we discovered it was falling apart. None of t...

Question

Hi, my name is Ashley and I just recently started renting a house in March and our first night we discovered it was falling apart. None of this was seen when we first looked at the house. Our landlord isn't really interested in fixing the home, he's more interested in the rent getting paid every month for a house we can't live in. The first night we discovered the walls were infested with roaches as well as fleas. The heating and air is wired in a weird way that if we want heat, he has to come change it, same for air. There are random little holes in the walls around the house, and the latest discovery is that the roof is leaking and some of the roof is falling in. We have made him aware, he paid for the first pest control round. He hasn't fixed anything else, roaches are still very bad. We have a 1 year old and baby on the way, we haven't lived there at all, but continue to pay rent. The first night a roach got in the bed with my son and that's when we left. Is there anything I can do? We've put in a little over $2000 already for a home that i don't feel is fit to live in.

Answer

A landlord in Georgia has a duty to maintain a rental home in good repair. Send hm a certified letter that says unless all the repairs are not completed in ten days you will (1) retain a lawyer to sue him, and (2) will call your llocal code violation city or county office and give them a tour to try and get him cited and fined for all the violations. Let him know that if he will release you in writing from the lease, or if he does ALL the repairs in time, you will not find it necessary to sue him or to make a complaint. If he doesn't cooperate, get a lawyer to sue him and do make the code complaint. In the meantime, take LOTS of pictures. Slumlords like this are difficult to deal with, so you will have to be agressive and firm.

When there is no stipulation in a divorce decree as to who is responsible for transporting of the child during weekend visits, is there a la...

Question

When there is no stipulation in a divorce decree as to who is responsible for transporting of the child during weekend visits, is there a law pertaining to who is responsible? We recently had to move to be closer to my elderly parents which is causing my husband to transport his daughter 90 mins. each way. His ex-wife has never, in the child's 12 years, assisted with transportation. Can you tell me if there is a law in FL pertaining to this?

Answer

There is no law if you cannot work it out the judge will decide. Contact my office for free consultation 727-446-7659

Answer

There is no statute on that point. Most Judges rule that the receiving parent is responsible for that portion of the trip if there is nothing on that point in the Final Judgment/Parenting Plan.

I have a friend who had filed for divorce from her husband and was waiting for the courts to sign the divorce but before the divorce became ...

Question

I have a friend who had filed for divorce from her husband and was waiting for the courts to sign the divorce but before the divorce became final he died of a heart attack. Months before he had bought a used pickup from a third party and was making monthly payments. He had signed a document, which her name is nowhere on, agreeing to making the payments. She does not want the truck. Is she liable for the payments? The document he had signed is not notarized just signed between him and the other party.

Answer

She is not liable for the payments. She never promised to make any payments, and never made a contract.

Hello, I am in Illinois. My son is dying of cancer and has a social security check at a currency exchange. He cannot go there to pick it up ...

Question

Hello, I am in Illinois. My son is dying of cancer and has a social security check at a currency exchange. He cannot go there to pick it up due to his advanced stage. They will not release it to me. Is there any form that I can obtain that would allow them to release it to me? What can I do?

Answer

Even if you get the check released to you, you will not be able to cash it. You can obtain a power of attorney for property for your son's financial matters (only as effective as the currency exchange thinks it is) or you can seek to become a representative payee for the benefit of your son by contacting Social Security Administration to make application to have the funds sent to you.

Answer

An attorney can assist you or your son regarding a Power of Attorney or a Guardianship, as appropriate. Feel free to ask a local attorney for help. Also, the following agency may be able to refer an attorney who can help for little or no cost.

DuPage County Department of Community Services

Hours: 8:00 a.m.-4:30 p.m.

421 North County Farm Road

Wheaton, Illinois 60187

Phone: 630-407-6500

Do I have to testify in a domestict violence case when the officer is the one pressing charges. He will retaliate and kill me and my family ...

How to get Mugshot Information- Darclee Warshoff

Question

How to get Mugshot Information- Darclee Warshoff

Answer

Not sure of your question. Usually you just put in a person's name and then search.

How is the film Singin in the Rain a self reflexive musical?

How is the film Singin in the Rain a self reflexive musical?
i think it is about a musical being made called The Duelling Cavalier

1983 650 maxim why does it run rough when cold?

1983 650 maxim why does it run rough when cold?
check the fuel air ratio, also check the choke settings.

After having an attorney withdraw from a caseI fired my attorney and after the courts recognize my request and grant it can the attorney ch...

Question

After having an attorney withdraw from a case

I fired my attorney and after the courts recognize my request and grant it can the attorney charge me for things he has done after the withdrawl? i.e. He sends me a letter saying I owe him ''x'' amount and then charges me for the letter, also, I call his office to ask if payment was recieved, he charges me for that call. Do I have any legal footing to refuse additional fees after the cout recognized the withdrawl? Thank you!

Answer

Re: After having an attorney withdraw from a case

Take a look at your contract; however, generally speaking, once he has been discharged he cannot charge you for what he does thereafter.

my dog was inside his fenced yard and strange claimed dog bit her and has file a lawsutie aginsst me

Question

my dog was inside his fenced yard and strange claimed dog bit her and has file a lawsutie aginsst me

Answer

I handle these type matters. If you have insurance, notify them. If not, retain me. Do not ignore.

Answer

1. If you have homeowner's insurance, notify them asap. If they provide coverage they will also defend you in the lawsuit.

2. If no coverage, then you need to hire an attorney asap to respond to the complaint. You have 20 days from the date of service.

I live in Iowa, My current employer requires me to be on-call several days of the week. I am a stocker, and unload our truck when it comes. ...

Question

I live in Iowa, My current employer requires me to be on-call several days of the week. I am a stocker, and unload our truck when it comes. But if it does not come, I am required to be on-call until the day it finally comes. This week, I was on-call Sunday / Monday / Tuesday / Wednesday, but didn't work Sunday / Monday / Tuesday, so had to give up my days waiting for a call, but because the truck never came, I never got the call tell that night telling me to be by my phone the next day. I am not compensated for this in anyway, but I am one of 3 people who are on-call, and we HAVE to come in, this is not a choice. We will be written up and fired if we do not answer our phones and come to work. Which means, I sometimes have to sit for days without being able to do anything, because I may have to drop what I'm doing and rush to work... Is it legal for them to do this to me without any form of compensation ?

Answer

Iowa is a right to work state which means you can be terminated for any reason good reason or no reason at all unless you have a contract of employment or are covered by a collective bargaining agreement. If you do not have any of those things, the employer gets to make the rules.

My girlfriend and I were filmed inside my house from a news crew that was outside the property on the sidewalk. The shot is zoomed in and cl...

What does resident of state mean in legal terms

Question

What does resident of state mean in legal terms

Answer

In most cases, it means domicile, in specific legal terms. In some, the person need only have an abode that they rent or own. This was s general answer to your general request. If seek something more specific, you might repost with a more specific description.

Good luck

I want to Create a will, I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a ...

Question

I want to Create a will,

I want to Create a will,

I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,I want to Create a will,

Answer

Your question is really a statement, and unmistakable at that.

You can prepare a will by writing down how you want your executor to distribute your estate upon your death, BUT THAT WRITING MUST BE ENTIRELY IN YOUR HAND WRITING UNLESS YOU HAVE IT WITNESSED BY TWO OTHER PARTIES PERFERABLY IN THE PRESENCE OF A NOTARY. The witness formalities need not be followed if the writing is entirely in your handwriting ("holographic will"), and the will need not be witnessed. Otherwise, consult an attorney in your (and my) area for will preparation.

Are witnesses allowed to speak at a lobbu conference

Question

Are witnesses allowed to speak at a lobbu conference

Answer

A lobby conference is a conference between the Judge and lawyers and possibly other people in the Judge's office. The Judge's office is usually called the Judge's lobby. Lobby conferences are conducted at the Judge's discretion and in a manner directed by the Judge. Witnesses have no right to attend or speak in lobby conferences. However, if the Judge allows a witness to attend and speak at a lobby conference then the witness may.

Can the trustee take out an equity loan out on house still in trust for payment of personal debts without the 4 other beneficiaries or co tr...

Question

Can the trustee take out an equity loan out on house still in trust for

payment of personal

debts without the 4

other beneficiaries or co

trustee permission? And she told lender it was for roof and repairs etc...tho she never repaired anything excrpt her debts. Also she put house up for sale now and eviction papers were served to her neice that resides there who is also benegiciary in estate.

Also, if a vetbal agreement saying someone can live in home until both trustees are deceased as long as she pays the taxes every year.

Answer

Suggest you obtain the services of a probate trust litigation lawyer to represent you in bringing the trustee to heel and compel an accounting and maybe obtain a restraining order until all of the assets are accounted for.

Answer

The terms of the trust will dicate what the trustee can and cannot do without the consent of the co-trustee. The beneficiaries normally will not have veto power.

The trustee may have violated the terms of the trust if she used the loan proceeds for her personal debts and not for the trust.

You need to see a lawyer to discuss the various issues, and to see if it makes sense to pursue an action against the trustee.

I am trying to figure out how do i go about filing a small claim against someone?

Question

I am trying to figure out how do i go about filing a small claim against someone?

Answer

If you want to file it yourself, just go down to your local Justice of the Peace office. In Baytown its at 701 W Baker Rd. Ask for the Civil Department Clerk

If it is a debt or contract claim, you can get an Attorney to represent you all the way to a Jury Trial if needed for a few hundred dollars as they will try to get paid in the Court Judgment award of attorneys fees against defendant. For little stuff, the Harris County Smalls claims courts have a great website with forms and instructions... search on Google.

If you need a Lawyer, just let me know. I also do Attorney Demand Letters for only $99!

Sometimes, just a law firm letter is enough to get it solved.

Good Luck, Edward Kazaleh EMAIL : [email protected]/* */

can i make an amendment to my will as long as it is witnessed and notorized?

Question

can i make an amendment to my will as long as it is witnessed and notorized?

Answer

Thanks for the question. Initially, you are wise to occasionally re-visit whether the most recent will which you have still fits what you want. In my estimate, individuals should look at their will at least every 5 years to check whether their circumstances or personal preferences have changed on anything related to their will, trust, power of attorney, or medical power of attorney.

A good estate planning lawyer will sit down with you and go through this process.

However, as to the question itself, I would not suggest trying to amend your will on your own. South Carolina does recognize a "codicil" which is a document that can amend a will. Any codicil must follow the same legal formalities as the original will under South Carolina law.

Given that computers allow for easier creation and revision of documents, and given that working with an estate planning attorney would allow you to ensure that all legal requirements are met, again, I would suggest working with a SC estate planning attorney to prepare a new will after a through consideration of your circumstances and wishes, and to ensure that you have the other documents that will allow you to ensure your wishes are carried out, financially and in terms of medical care, in the event of your incapacity due to illness or injury.

Hello my name is Ruben Gonzalez i am searching for legal help on how i can breach my rental lease without paying i wish to leave the aparten...

Question

Hello my name is Ruben Gonzalez i am searching for legal help on how i can breach my rental lease without paying i wish to leave the apartent to my ex

Answer

As with any contract you are liable for any breach of a contract. Unless the other party to the contract is willing to release you from your obligations, you are responsible. You need to speak with the landlord to see if they are willing to let you out of the lease.

I was arrested for shoplifting at a TJ-Max in the state of FL in April 2012. I was arrested and told to wait for the court date in the mail....

Question

I was arrested for shoplifting at a TJ-Max in the state of FL in April 2012. I was arrested and told to wait for the court date in the mail. I hired a lawyer to go for me. He came back and told me I had to pay for and attend an ethics class and stay clear until October 2012. I did both. I have not been arrested since. I am now trying to apply for a new job, possibly in retail. Am I obligated to write or say on an application or at an interview that I was arrested with a misdemeanor two years ago?

Answer

It depends on what happened with your case, and what the question posed may be. If asked if you are arrested, then it would be easier to say yes, even if the case was dismissed. On the other hand, if asked if you were "convicted," then it depends on the outcome. Did you take an intervention program and the case was dismissed? If so, then you weren't convicted. If you got a withhold of adjudication, then you are still not convicted, but it will still show up on your record. The best solution is to apply to get the charge sealed, if you are eligible.

my friend son was involved in a bar fight he was not the assaulter but was with the person who assaulted someone. We rcv'd a call that he ha...

Question

my friend son was involved in a bar fight he was not the assaulter but was with the person who assaulted someone. We rcv'd a call that he has a warrant for his arrest for 3rd degree assault. How can this be he never hit anyone he was only with the person who did ? He was told to turn him self in should we obtain a lawyer before we go there ?

Answer

In any criminal case it is always advisable to have an attorney represent you. We would be more than happy to discuss this case with you and the options that your friend's son may have but in order to do that, more information is needed.

If you would like to discuss further please feel free to contact us directly at 203-221-3100.

Answer

Yes, definitely have an attorney present. If you would like to discuss this matter please call us at 203-887-7940.

HIPPA ViolationI work for a hospital. I checked myself into my employer's mental health facility for depression alcohol last week.Becaus...

Question

HIPPA Violation

I work for a hospital. I checked myself into my employer's mental health facility for depression & alcohol last week.

Because I work at the Business Office, I know what information they can access. I was reassured by the staff at the hospital and my boss that they would do everything they could to keep this confidential and anyone accessing my records or 'making inappropriate comments would be dismissed.' According to a person I work with an inappropriate comment was made last Friday when she was asked by another co-worker of my whereabouts. This person stated she did not know and that she had called me at home a few times and I did not respond --which is true. However, another co-worker commented 'Oh, come on you know she is in alcohol rehab, why don't you just admit it?'

My son suggested that I seek legal advice. I know our HR dept. will take a 'politically correct approach' and nothing will be resolved. However, my HIPPA rights may have been violated and inappropriate comments may have been made.

Answer

Re: HIPPA Violation

Contact your local Department of Health and Human Services - Office of Civil Rights to report and file a complaint.

My brother has had to register as a sex offender for the last 20 years. In that 20 years he has never re-offended nor did he get charges for...

Question

My brother has had to register as a sex offender for the last 20 years. In that 20 years he has never re-offended nor did he get charges for anything else. Back in 2006 he was diagnosed as a schizophrenic, bipolar, and has PTSD. He usually registers once a year on his birthday. Recently he had a hernia surgery where they found a tumor as well. the doctors had told him that because he was in so much pain before the surgery it was going to be a long painful recovery. he is still currently being treated for the recovery and they have him on some serious medications. due to the mixtures of medications and the fact that he has been on bed rest he simply forgot to register his new address. it was not intentional and he does not have a history of failing to report a new address. can he fight this case if he shows proof of his medical issues and how they could be affecting his ability to remember important things that need to be done? what kind of punishment do you think the judge will impose on him if this is not a repeated pattern?

Answer

This is a variation of a duplicate post: See prior responses. Your sibling should confer privately and confidentially with an attorney with no delay so she/he can assist and advise him. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Probation Violations Law, http://dwyerlawfirm.net

Answer

There is a presumptive prision sentence if he is convicted of failing to register as a criminal sexual offender. He must have aggressive legal counsel. His mental health can certainly be an issue.

For a FREE consultation call 612-240-8005.

My Landlord, after receiving rent for the month of January in cash, is attempting to evict me from the property. I have as proof of payment ...

Question

My Landlord, after receiving rent for the month of January in cash, is attempting to evict me from the property. I have as proof of payment a notarized letter signed by him which states: As of January 14, 2014 all rent has been paid satisfactorily and on-time. Rent is usually due by the 4th of each month. This was signed ten days later.

Answer

He acknowledges rental was paid for January. Is he evicting you for Feb Rental? You are already late with that one now? Just a guess as you don't have sufficient facts to understand what is actually going on. An attorney needs to review the 3 day notice and/or complaint for eviction

Can we create a holiday playlist and distribute it to our clients without any rights infringement? Do you have to know which songs first or ...

Question

Can we create a holiday playlist and distribute it to our clients without any rights infringement? Do you have to know which songs first or is there a general rule that applies?

Answer

This is a bad idea. If it was a personal list sent to friends and family, I would say that any infringement would be considered de minimus and thus not actionable, but placing it in the commercial realm, that is, a business downloading and file sharing copyrighted music to business clients will certainly open you to a cause of action in the event the CR holders caught on.

At a minimum you should consult a lawyer in private before jumping in. 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

I have the same opinion as Mr. Natoli, however, you may be able to obtain the rights to all the songs you want to use by licensing them through either SESAC, ASCAP, or BMI. You may also find songs you're looking for that are in the public domain at www.pdinfo.com.

If you have power of attorney of a minor child and parent lives in a different parish can child go to schoo in the parishn that you live in.

Question

If you have power of attorney of a minor child and parent lives in a different parish can child go to schoo in the parishn that you live in.

Answer

I doubt it. Ask your local school board what they require for the child to go to school there. I suspect you will have to be granted custody, and not simply by a notarial act. They have clamped down on children living with friends or relatives just to go to another school.

An adult male was born in Florida and adopted by his biological grandmother and step-grandfather at birth. The biological mother signed over...

Question

An adult male was born in Florida and adopted by his biological grandmother and step-grandfather at birth. The biological mother signed over her rights and the biological father was not notified at the time. The child, now 25 years old, has since found and developed a relationship with his biological father. He wishes to change his name to that of his biological father and have the biological father listed on his birth certificate. What paperwork should be filled out to do this?

Answer

There is no "paperwork" to fill out. A person can change their name with the court but the biological father would have to terminate the parental rights of the adoptive parents then re-adopt his own son. This will cost in excess of ten thousand dollars and if you do not use a lawyer you will 100% lose.

Father has time limited visitation with our son. Son does not want to spend time with him due to the awful things that happen to him at the ...

Question

Father has time limited visitation with our son. Son does not want to spend time with him due to the awful things that happen to him at the fathers house. A judge has said if my sons therapist says it is not a good idea at this time then how do I go about getting the visits stopped without getting myself in trouble. My son suffers from PTSD. HE IS ONLY 8 and has a heart of gold. We need HELP!!

Answer

You will have to have the therapist testify and file an emergency motion.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

[email protected]/* */

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer

You need to pursue an emergency motion to suspend the father's time-sharing. I agree with Mr. Smitten that you would likely need to have the therapist testify at the hearing.

You should retain an experienced family law attorney asap. Don't schedule this for a hearing, and then retain an attorney just before the hearing.

I practice throughout the Greater Tampa Bay Area.

Answer

Hello: I read answers provided and would add the following. Our judges are specific on what they consider as an "emergency." They consider emergency to involve imminent danger to a child. If this is the case, you can file a Motion as an emergency. If not, you simply file a Petition to Modify the time sharing/parenting time. You would get a hearing and present any evidence you have, including any expert testimony.

If my office can be of any assistance, please give us a call. Tom Rosenblum

i live in charlotte county florida do i have to have an attorney to file for adoption or custody? i cannot afford an attorney and legal aid ...

Question

i live in charlotte county florida do i have to have an attorney to file for adoption or custody? i cannot afford an attorney and legal aid will not help because im not related. i have to small children who the parents gave me a letter with temp custody parents are in jail for drugs. they are not related but have no relitave to take them . and if i file through welfare thet said they only thing they could do was take the chidren to foster care and do not want that i love these kids the 2 year old calls me mom what can i do

Answer

Do not leave the children with the State they will take them from you. For sure you need an attorney. Contact my office.

My father has a Revocable Trust/Will, he had hand written or crossed off things within the trust, (e: removed off my brothers name as benefi...

Question

My father has a Revocable Trust/Will, he had hand written or crossed off things within the trust, (e: removed off my brothers name as beneficiary) and initialed/dated it on original Trust, doesn't he have to do a codicil or an amendment, for the changes to be legally binding.

My mother now deceased is also on the Family Trust, does my father need to remove her name?

One last question, because his house (California) is in the trust

and the title is still under his and my mothers name do we need to do anything now

to avoid any pitfalls now should he pass.

I ask because Dad also has a timeshare out of state that is in the trust as well, under my mothers and his name, it has been a nightmare because

he never updated the county records in Arizona, we have sent them the death certificate, and are now about to re-file the Quit Claim Deed, but it has been long

process and still finalized.

We want to avoid an pitfalls now regarding the house if there are things we can do now before they arise with the transfer to his beneficiaries should he pass.

Answer

The handwritten changes may not be enforceable if the original trust was notarized and the changes are not notarized. Also, a part of the trust may have become irrevocable upon your mother's death.

If the house is listed in the trust document, but title is not held by the Trustees, a petition to the court will be necessary following your father's death, although a full probate might be avoided. If title is held in both your parents names as Trustees, an Affidavit of Death of Trustee must be filed with the applicable county recorder's office.

If your father wants to avoid "pitfalls" for his beneficiary after his death, he should consult a qualified estate planning attorney ASAP!

My Cigarette lighter isn't working in my vectra b 2001?

My Cigarette lighter isn't working in my vectra b 2001?
Check the fuse. If you use a phone charger or any other aux device in the cigarette lighter most likely blew it.

I was a regular user of a website which allows users to provide help and support to other users via chat rooms. This is the sole purpose of ...

Question

I was a regular user of a website which allows users to provide help and support to other users via chat rooms. This is the sole purpose of this website. Each chat room has at least one "moderator" in it, sometimes more than one. I am unsure if the moderators are paid for their services, but they do affirm they represent the website and are "selectively" chosen via an unknown method. Essentially they are present to ensure the rules are being adhered to.

Recently I was participating in chat and offered some information regarding a medical issue to another user which I found via Google. In no way was I giving "medical advice." A moderator then banned me temporarily stating I was not allowed to give such information. When someone is banned from chat, that user's IP address and other personal information gets posted in the chat room. I appealed the ban based on a violation of free speech, but was denied. After I was allowed back into the chat room, the same moderator began verbally harassing me in chat. This included statements regarding my "illegal" activity of giving "medical advice" and so forth. I was then subsequently banned permanently, again my personal information was posted in chat when banned. I was advised the permanent ban was due to my previous appeal, specifically regarding statements, not threats, I made in the appeal about contacting the website's owner about the behavior of this moderator.

I want to pursue action against the website and/or this person, given this person has identified themselves as a "representative" of the website. This would be on the grounds of publicly stating in writing that I was participating in criminal activity (giving medical advice), violation of free speech, harassment, and the posting of my IP and personal information publicly.

Is it possible to sue the website and/or moderator under these circumstances? I have the chat logs and emails to support my claims.

Answer

You haven't told me who this moderator is or where the website is located. You thus have a problem with jurisdiction and service, even if you can identify the responsible parties. In addition you have not identified how you have been damaged. As I understand it it is a private website, and you have to post subject to their rules or regulations. All I see here is that you've been banned from a website.

I am thinking of getting remarried. Can my ex have my child support increased due to the income change from marriage? I live in Indiana and ...

Question

I am thinking of getting remarried. Can my ex have my child support increased due to the income change from marriage? I live in Indiana and my ex lives in Ohio which is where the child support goes through

Answer

No

Today on door handle there was a paper saying ATTENTION. This property has forfeited to the state of minnesota for non-payment of property t...

Question

Today on door handle there was a paper saying ATTENTION. This property has forfeited to the state of minnesota for non-payment of property taxes.and I just moved in a month ago what happens to me?

Answer

I suggest you view the helpful materials at the Minnesota Attorney General website. Confer with an attorney as need be to assert and to enforce your rights. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Landlord Tenant Attorney, http://dwyerlawfirm.net

Are there attorneys who will do a contingent case on suing a broker who lied to get you out of your home, failed to sell the home after a ye...

Question

Are there attorneys who will do a contingent case on suing a broker who lied to get you out of your home, failed to sell the home after a years time, ultimately cost you; your home and all the equity in it, broke confidentiality, is related to the other side, ruined your credit, caused pain and suffering to a disabled person and so forth.

Answer

It is hard to imagine how all of that could have occurred, but you will generally find attorneys who are willing to take a case on a contingent basis where both (i) the merits of the case are strong, and (ii) there is a great likelihood of recovery of actual monetary damages. Schedule a consultation with a couple attorneys and you will find the answer to your question.

I live in michigan and was wondering if my soon to be ex daughter in law can legally change my grandchildrens last name to her maiden name w...

Question

I live in michigan and was wondering if my soon to be ex daughter in law can legally change my grandchildrens last name to her maiden name when she divorces my son

Answer

Changing the name of the children will require a court order. The father will be given proper notice of a hearing and his attorney can object to the name change.

www.MidMichiganDivorce.com

I am currently facing two tickets that I received exactly one month apart from one another, the first from an Adams County Sheriff on April ...

Question

I am currently facing two tickets that I received exactly one month apart from one another, the first from an Adams County Sheriff on April 18th, 2014 in Adams County (Brighton), Colorado for 2 charges: Divided Highway Violation (Code 253) and Failure to Yield to Oncoming Traffic (Code 250), and this ticket was issued as a summons to court without stating any points or the amount of a fine. The second ticket I received from the Colorado State Patrol on May 19th, 2014 in El Paso County (Colorado Springs), Colorado for speeding 10-19MPH over the speed limit and the ticket shows that the violation is 4 points and a $169.50 fine, but if I pay the fine within the first 20 days following the ticket the points are reduced from 4 to 2. The court date for the first ticket is on July 16, 2014 and the court date for the speeding ticket is on August 6, 2014. My main questions are: If I receive a deferral for the the charges on the first ticket, will the speeding ticket cause me to immediately be in violation of the deferral on the first ticket? If I simply pay the speeding ticket now and receive the point reduction from 4 to 2 points, will this make it any more difficult to get a reduced charge on my first ticket? Can you be on 2 traffic deferrals at the same time in Colorado and if so is this a situation that would qualify? Thank you for your time and consideration in reading and answering my questions, your expertise is greatly appreciated!!

Answer

1) No, the second ticket would not serve as grounds to revoke a deferred on the first ticket, as the incident in the second occurred before you entered a plea on the first.

2) Yes it can. The more things on your driving record/criminal history, the less likely it is you get a break.

3) Yes, you can. I don't know whether or not you can talk them both into deferreds; it depends on the jurisdiction.

What are the release dates for Tenkai Knights - 2013 Checkmate - 1.21?

What are the release dates for Tenkai Knights - 2013 Checkmate - 1.21?
Tenkai Knights - 2013 Checkmate - 1.21 was released on:

USA: 1 February 2014

I live in Prince William County, Virginia. I have issued a garnishment request to the persons employer. The employers has not responded to t...

Question

I live in Prince William County, Virginia. I have issued a garnishment request to the persons employer. The employers has not responded to the request. What can I do?

Answer

You should notice this employer in writing that this company could be held liable under Va. Code Sec. 8.01-519 if it continues to fail to respond properly to your garnishment summons with which it has been served.

If my sister wants a divorce and her husband has a recent arrests which included F and M charges for drugs will that help her in getting som...

Question

If my sister wants a divorce and her husband has a recent arrests which included F and M charges for drugs will that help her in getting some kind of compensation for pain & suffering ?

Answer

There is no "pain and suffering" in divorce. OK, well, there is actually a LOT of pain and suffering, but there is no monetary compensation for it in divorce. Compensation in divorce is entirely based on incomes, expenses and asset. Period.

Answer

I agree with Mr. McCormick. A divorce is not the situation where one spouse is awarded money for the pain and suffering of having lived with another individual. The divorce court is concerned about issues involving spousal support, child support, custody and visitation, and division of community property.

I got into a fight back in 06 I spent two weeks in jail waiting to go to court. I went to court and the case was dropped and I was told.it w...

Question

I got into a fight back in 06 I spent two weeks in jail waiting to go to court. I went to court and the case was dropped and I was told.it would.not be on my record well today I find.out that it is on my record as a conviction.what can I do about this mattet?

Answer

If your case was dropped, you do not have a conviction on your record. However, the record of your arrest is still public information. Because of how old your case is, if it was in fact dismissed, I would recommend you apply to have the arrest expunged from the records. Whether this is possible or not will depend on a couple of factors factors such as: whether you have any other arrests/convictions in your background.

If you did plead guilty to the offense and received credit for your time in jail, then you did receive a conviction and you will not be eligible for an expungement or sealing of your record.

My office offers services to help you with this matter. If you would like to discuss your matter further please contact my office at 773-791-9682.

Good luck

Purav Bhatt

Attorney at Law

Can I sign over my interest in our deceased mother's house and property to one of my sisters using a quit claim deed form found on the inter...

Question

Can I sign over my interest in our deceased mother's house and property to one of my sisters using a quit claim deed form found on the internet?

Answer

You could, but how will you know if the form you found on the internet accurate for your particular needs? You need to hire an attorney to draft the quit claim deed that addresses your particular needs. Call me at 312-372-5600 to discuss further.

Answer

If this is being probated there is a completely different procedure. Otherwise I agree w/ Ms. Dockery AND please note that today a deed is only one of SEVERAL forms that will be needed to transfer title: assuming this is for $0.00, then there are real estate transfer tax EXEMPTION forms and documents, and a "grantor-grantee" statement. Depending on what else is involved, other forms may be required.

What is the all-time top selling video?

What is the all-time top selling video?
THE LION KING THE LION KING

If I was an intoxicated passenger in my own vehicle and an unknown person drove me home but hit a car and ran will my insurance cover the da...

Question

If I was an intoxicated passenger in my own vehicle and an unknown person drove me home but hit a car and ran will my insurance cover the damages to the other persons car

Answer

Yes your coverage for property damage should cover up to the limits of your insurance.

Answer

If the "unknown driver" was a one-time permissive user, then the answer is most likely yes. However, this is an unusual fact pattern that you describe and your insurance company will likely proceed to investigate under a "reservation of rights" - which means they could later deny coverage if any of the facts don't check out..

I want to take my children from their father due to his drug use. He resided in CA with the kids whom he neglects and abuses. Another allega...

Question

I want to take my children from their father due to his drug use. He resided in CA with the kids whom he neglects and abuses. Another allegation that was brought up was that he is currently using Meth. As of now, he is witnessed by neighbors and family a potentially dangerous, not only to others but himself as well. The kids are left home with no food and no clothing. I was notified by his side of the family about three days ago. My heart cried out when I heard of this. Right away I want to take my kids away with me to my new state (IA). If I was to do this so, can I possibly get into trouble or be arrested for kidnapping my own children.

Answer

If there is a custody and support order or order on temporary matters in place I'd say no, you can't. An allegation and two bits will buy you a cup of coffee.

Can restaurants in Wisconsin carry and use epi-pens in case of accidental allergic reactions?

Question

Can restaurants in Wisconsin carry and use epi-pens in case of accidental allergic reactions?

Answer

I believe that epi pens (pre-packaged epinephrine injections for anaphylactic shock reactions from bee stings, etc., see http://en.wikipedia.org/wiki/Anaphylaxis ) are prescription medications, technically making it illegal to transfer them to anyone else who does not have a prescription. However, if someone on premises has such a prescription, it is certainly legal for them to possess one. Certain emergency personal are also licensed to possess and administer them, so if the restaurant has either these persons on premises, the pens can legally be possessed. Epi pens are a strong and potentially dangerous medication preparations which are always best administered only by professionals. However, in a true emergency where it becomes obvious that the ambulance will not arrive on time, saving someone from death evokes a higher law than any law of man, and a restaurant operator might therefore make a good faith decision to disobey the law and hope for the best. There are also various good Samaritan statutes which protect first responders in true emergencies.

Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www./answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..

In the state of Florida, is a person under the age of 18 and unmarried legally responsible for a lease or mortgage debt?

Question

In the state of Florida, is a person under the age of 18 and unmarried legally responsible for a lease or mortgage debt?

Answer

Generally no, but would need more info.

Answer

I agree with Mr. Slater. You would probably find that a lender would not knowingly issue a mortgage and note to an unmarried minor, and most landlords would not lease property either. However, like most things, there are exceptions to most rules, and more information is definitely needed.

I have been given notice to leave my apartment in 60 days without reason, I feel it is due to mold or repairs that must occur and that I hav...

Question

I have been given notice to leave my apartment in 60 days without reason, I feel it is due to mold or repairs that must occur and that I have been complaining about. We recently had a raccoon living in the attic and the owners removed it and found destruction. Can they ask me to leave for no reasons?

Answer

More than likely, your rental agreement has converted to month-to-month. If you are not in a rent control/stabilized locale, then the landlord can evict you for no reason upon giving the requisite notice which it seems the landlord has done. If the original term of the lease were still in effect, the landlord could not evict you without consequences.

Child broke window can i choose who fixes

Question

Child broke window can i choose who fixes

Answer

Yes, but the court can set the amount of restitution.

What is the best game ever made and there are no wrong answers?

What is the best game ever made and there are no wrong answers?
I have two favorites (one being a broad category): Every game made by Valve, and Call of Duty 4

Why is your BMW 730i showing engine oil pressure low?

Why is your BMW 730i showing engine oil pressure low?
Check the oil "level" in your engine....a low oil level will cause low oil preasure, especially when the engine is "idling" Find the "oil dipstick" located near the front of the engine....pull it out...wipe it off with a rag...put it back in the engine... pull it out and see where the oil "level" is at the bottom of the dipstick...depending on how much oil is "showing" on the dipstick, will deterime if oil needs to be added......each engine is different as to the "full" capacity but generally, if the oil level is at or slightly below the "add" mark, you would be safe to add 1 quart of the reccomended oil you are using for your engine. High millage, engine wear, low viscosity and or "dirty" engine oil, etc. will also lead to a lower oil preasure reading.

Hi, here is my situation. I would like to hear your rates and schedule a time so we can go over this.I am a US citizen and Singapore PR, hav...

Can I appeal a decision by a county court judge denying my motion for a continuous in a criminal case?

Question

Can I appeal a decision by a county court judge denying my motion for a continuous in a criminal case?

Answer

As a practical matter no.

John

Can you get arrested for possession of marijuana even if you have a medical card?

after being on workers compensation for over 10 years can you be required to return to work if the doctor say you are better even if you are...

Question

after being on workers compensation for over 10 years can you be required to return to work if the doctor say you are better even if you are still in pain?

Answer

You will probably need to go to another doctor and get an evaluation; then if this doctor concurs with the workers compensation doctor you have no choice. But if it is different, then you probably need to sue for a settlement. Usually 10 years is a long time to not get a settlement. But ever case has to be reviewed on the merits of that case alone. If you have additional information regarding the type of injury and the type of work that you are to perform that would be relevant as well.

What is the best selling car in Germany?

What is the best selling car in Germany?
Volkswagon Golf

I inherited a house and in 1998 I gave it to my son ,it was transferred to his name on the deed,my grandfathers will ,which left me the prop...

Question

I inherited a house and in 1998 I gave it to my son ,it was transferred to his name on the deed,my grandfathers will ,which left me the property specified in the event of my death ,the property was to be divided among my heirs, now my son has a sister we have met twice and she is threatening us with taking the house if we try to sell,i am far from dead,and I believe I was able to do what I want with the property,can you help ?

Answer

If you mean your son has a stepsister who is not your daughter, she is not among your heirs. Also, although we would have to read the will to be sure, most likely the provision regarding distribution in the event of your death only applied if you died before your grandfather.

Answer

Without reviewing the will and deed, and without conducting an interview and asking follow-up questions, it is impossible to advise you properly. If this matter continues to trouble you, consulting with an attorney should give you some idea of your rights and risks here. The investment in your peace of mind will be worth the cost.

Answer

I agree with Ms. Cusack, but I cannot tell if you were given a life estate, or were given a fee simple absolute by the will. If you were given a fee simple absolute, you could transfer it to whoever you wanted. I also cannot tell whether the provision in the will is simply an anti-lapse provision that would have applied if you had died before the person who wrote the will.

Can I take my ex-wife to court to reveal all bank transactions while we were still married?

Question

Can I take my ex-wife to court to reveal all bank transactions while we were still married?

Answer

You're not allowed to go on a fishing expedition. If you have a reason to think she did something that is against the law or fraudulent that affects your custody and support order then by all means tell your attorney about it.

Can a company be sued if a reprsentative of the company assisted a client when asked to do so by the wife of the client?

Question

Can a company be sued if a reprsentative of the company assisted a client when asked to do so by the wife of the client?

Answer

Sued for what?

I was recently pulled over by a cop, when he came to my window, he asked for my DL and said after he ran my name he would tell me what he pu...

Question

I was recently pulled over by a cop, when he came to my window, he asked for my DL and said after he ran my name he would tell me what he pulled me over for. When he came back , he said I had not stopped long enough at a red light before turning right. I do not believe I did this. If I did, then he followed me for a good 4-5 miles before pulling me over, can I fight the ticket? If so, how would I go about doing this?

Answer

You would fight the ticket by pleading "not guilty" and demanding a jury trial. Do this IN WRITING - a paper letter that references the ticket (include a copy of the ticket) - don't use the phone, WRITE A LETTER. Mail it to the municipal court (the address is on your ticket).

I am married and changing my last name back to my maiden name. I have filled out and paid all my fees but in the state of Iowa under the 674...

Question

I am married and changing my last name back to my maiden name. I have filled out and paid all my fees but in the state of Iowa under the 674. Notice-Consent it states that if married, the petitioner must give legal notice to the spouse in the manner of an original notice, of the filing of the petition. What does that mean and how do I go about giving legal notice to my husband who is totally on board with changing my name?

Answer

Have your husband file a document titled "Acceptance of Service" that he signs before a notary. The Acceptance of Service shall state: I accept service of the Petition for Name Change of my now wife _________________ on this __ day of April 2014." Attached to the Acceptance of Service you should attach the petition for name change.

failure to go to drug testmy ex- wife was orderd by the court to go to a drug screen she failed to appear and i want to know if that will h...

Question

failure to go to drug test

my ex- wife was orderd by the court to go to a drug screen she failed to appear and i want to know if that will help my case to get sole custody

Answer

Re: failure to go to drug test

Typically the court considers a missed test a positive test so yes, it could help your case for sole custody. Obviously I don't know anything about your case, but there is a presumption of joint custody. In order to be awarded sole custody, the burden is on you to show why it should be ordered. Drug use would be one of many factors you could use to show why sole custody is appropriate. Please let me know if you would like to schedule a consultation.

Regards

Ronee Steiner

Answer

Re: failure to go to drug test

That can certanly be an important factor.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

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

/s/ Rich J. Peters, Attorney

-------------------------------------------

R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

Is this fraud?:A local, elected government official, is also a professional marketer.In her role as an elected official, she, using her prof...

Question

Is this fraud?:

A local, elected government official, is also a professional marketer.

In her role as an elected official, she, using her professional marketing skills, writes and produces (using public funds) an official newsletter from that government agency, that she then mails to every property owner in her District.

In that newsletter, she gushes about how "on schedule" a huge public works project, that the District is proposing, is.

The newsletter does its job, and convinces the town's voters to pass a tax assessment to fund the "on schedule" "drop dead gorgeous" project.

However, a few years later, subsequent investigation reveals that at the time that the elected official produced that newsletter, the project that she's raving about in that newsletter had ALREADY FAILED, and her own government agency documents show she KNEW it had already failed when she produced that newsletter.

In other words, the elected official used the town's public money to produce a newsletter that lied to "every" property owner in the town, about a huge public works project, and those lies played a major role in tricking the town's voters into passing the assessment -- an assessment that they are STILL paying today (and will be paying for the next 20 years) for a public works project that never even came close to working, and, in fact, had already failed at the time of that newsletter.

A knowingly false newsletter, produced by an elected official, solely to dupe property owners into voting for a tax assessment, leads to the passing of that assessment, but the public works project that the assessment was for, had ALREADY FAILED at the time of that newsletter.

Is that fraud?

Thank you in advance for your answer!

Answer

Is it fraud? Yes. Is there anything you can do about it? No. Government officials are immune from liability for that kind of fraud. So unless you can show that she somehow illegally benefited from the passage of the assessment, by some violation of conflict of interest laws or other bribery or corruption, independent of the false newsletter, she did nothing that the law can punish.

If a fight breaks out by you and you have nothing to do with it and a police officer arrives and does not assert himself as the police and b...

Question

If a fight breaks out by you and you have nothing to do with it and a police officer arrives and does not assert himself as the police and begins throwing people to the ground without a direct order, am I legally allowed to defend himself??

Answer

That's an argument you'd have to make at your trial.

How much money would it cost to ship a car from Quebec Canada to Portland Oregon?

How much money would it cost to ship a car from Quebec Canada to Portland Oregon?
Try www.UShip.com and post a shipping request for free. This is an online shipping provider service where potential shippers bid for your auto or furniture shiipping job.

I received a letter from the child support office, I am in arrears, but no current support, all kids are of age. The letter stated, "I am wr...

Question

I received a letter from the child support office, I am in arrears, but no current support, all kids are of age. The letter stated, "I am writing to inform you of your case; we will continue to come after you and your son until we have you both in jail, we are so very impressed with the level of influence you have on him". I am not sure but it feels like libel or slander. I know my son has a cas open, but does she not break confidentiality by sending me something pertaining to him, he is grown and does not tell me his business. I am sure there are some ethical issues she has crossed because is she not held to the same standard as the attorney?

Answer

Is the letter really coming from the department office? That does not sound right to me. You may contact the office to find out who sent it and what was going on. However, arreage in child support may bring serious consequences to you.

is there a commission of a sale of propertybetween friends with no real estate agency involved

Question

is there a commission of a sale of property

between friends with no real estate agency involved

Answer

If neither of you hired a real estate agent or broker, there would be no commission you would need to pay. I would suggest you hire a real estate attorney, however. The cost is minimal compared to the cost of correcting any errors made at this point. If the deed is not prepared correctly, or there are liens which are not addressed, both parties could have expensive problems to fix in the future.

Answer

Attorney Moens' answer is right on point. There are far too many details that should be properly addressed. Without counsel, the buyer may not learn of an issue until a later sale or refinance. Calculation mistakes may not be discovered for some time. The friendship could suffer when these details eventually come out.

Also, I am a little concerned why you are even asking about commission if "no real estate agency involved." Is it that no agency was involved with the property at all or just that no agency was involved in bringing the two of you together. Any broker involvement in the last few years should be reviewed.

Answer

I agree w/ Mssrs. Moens & Repay, but more simply, are you worried about something, or do you want to achieve something -- like reduce profit, shift some tax liability? See an attorney if you're trying anything along those lines and, to retain a friendship. If, however, you mean whether or not a friend can help you sell real estate or vice versa, technically no.

I was referred to an attorney through a referral service from my employer. As a customer of this referral service I was to get 25 off of my...

Question

I was referred to an attorney through a referral service from my employer. As a customer of this referral service I was to get 25% off of my hourly rate from the attorney. After all the billing and payments were made and case concluded. I realized that I did not receive the 25% discount off my billing. I brought this to my attorneys attention, and my attorney realized that not only was I not given my 25% off. My Attorney realized that all my invoices were billed incorrectly due to a problem in there billing systems. My attorney then re did my entire bill (which resulted in much higher fees), deducted 25% off of the new amount, and is attempting to give me a refund. Is this an ethical practice? Would fee arbitration be a waste of time?

Answer

Those circumstances would normally lead to some detailed looks at the bills and discussions with the lawyer, but there is no way anyone here knows whether the bills are accurate. You have them - does it look like the work was done? We also don't know how much is at issue.

Answer

Since a legal insurer/legal plan was involved, start by contacting the plan. Most legal plans will assist you with a billing dispute with their attorneys, and in most legal plans the attorney has contractually agreed to cooperate with them. So that may help.

If that does not, contact the state bar of Georgia's fee arbitration panel. They will hear both sides, make a decision, and, if the decision is in your favor, will assist in enforcing it.

Roots from my neighbor's oak tree are causing spreading cracks across my asphalt driveway. Is my neighbor responsible for the damage?

Question

Roots from my neighbor's oak tree are causing spreading cracks across my asphalt driveway. Is my neighbor responsible for the damage?

Answer

Your neighbor is responsible for any damage caused by the roots of any trees which your neighbor has growing on his property. Although you would be entitled to trim any parts of trees that grow onto your property, I would not suggest that because although a person might have the right to trim any growth coming onto your property, you would be liable to the neighbor if you trimmed it in such a way that causes the tree to die. It is preferable to simply send your neighbor a letter, informing him that the roots of his tree have damaged your driveway and under Pennsylvania law, the owner of the tree is responsible for any damage caused by the overgrowth onto a neighbor's property.

My ex (divorced since Nov. 2013), has hotlined me to child services. This is the 2nd time and he is instigating these making someone else ca...

Question

My ex (divorced since Nov. 2013), has hotlined me to child services. This is the 2nd time and he is instigating these making someone else call, the 1st call had at least 10 allegations all were found false and case was closed, the 2nd call which he made look like a good friend of my daughters parents made it but they did not. I was first visited by an interviewer who was on call and does not handle follow ups so I am waiting for my next visit. Is there anyway to prove who called or anything I can do to stop this from happening? If I find out who did it, which unfortunately my ex is a pathological liar so it is a long shot, can I sue him for this?

Answer

If you find out that your ex made the call malisiously, you can sue him. But, hotline calls are anonomous, so it may be difficult to find out who called. Perhaps start with whoever told you it was the parent of your child's friend.

Good luck

Answer

You can't find out who made the call from childrens' division . So unless you can prove who did it, there is no one to sue. Beyond that you have to prove economics.

I had a question regarding an open bottle charge as a passenger. We got pulled over for having a tail light that was out that we didn't know...

Question

I had a question regarding an open bottle charge as a passenger. We got pulled over for having a tail light that was out that we didn't know about. The officer smelled alcohol as both driver and myself were drinking. The driver passed tests except blew .01 over the limit in MN. He was also given a ticket for expired license and no proof of insurance. The car was a company vehicle not in our name and when the officer searched the truck he found 2 empty beer cans under my seat which I had no idea that were there - I got an open bottle ticket. I went in for a court date and the prosecutor was willing to reduce the open bottle down to a pedi misdemeanor instead of a misdemeanor but I gave him no plea and set up another court date since the ticket is $185 and I can't afford that. I just wanted to know if I could be convicted of the open bottle charge even though the containers weren't mine and I wasn't drinking in the vehicle. I don't want a misdemeanor charge on my record either so don't know if it was smart not to take the bargain the prosecutor offered me when I had the chance. What will my next court date look like? Will the prosecutor offer me another reductions before I have to see the judge? I ultimately want to know if I can get this entire thing dropped. Thanks!

Answer

The government should have to prove that you knowingly possessed the open bottle. You can have an attorney challenge probable cause for you. Preferably you should hire a private lawyer. If that's not possible, then apply for a public defender at your next court date.

Samuel Edmunds

(651) 994-6744

[email protected]/* */

www.siebenedmunds.com

I was looking at my sons text docket on clerk of courts and there is a return of services. I have done some research and still a bit confuse...

Question

I was looking at my sons text docket on clerk of courts and there is a return of services. I have done some research and still a bit confused. He is a juvenile and is incarcerated which no one can tell me why his bond was revoked including lawyer. But my question is what does return of service mean? He has not received any paper work as of yesterday but I did receive an Order setting cases for criminal pre-trial conference and order setting for criminal jury trial. Is that what they are talking about or is it something else? Really confused

Answer

It sounds like your lawyer has all the answers, not some attorney on a forum that knows nothing about the case. Talk to his attorney and I'm sure you'll get simple answers to your questions so that you're not confused.

My father has a will which gives all of his assets to my brother. Since I have been his caregiver for 7+ years and do everything for him, am...

Question

My father has a will which gives all of his assets to my brother. Since I have been his caregiver for 7+ years and do everything for him, am I not entitled to any of his estate? I have called legal council but do not want to waste money I do not have a legitimate case. Please advise.

Answer

You can challenge the Will but will need to demonstrate undo influence, mistake et cetera. A child has no right to inherit from a parents estate.

I am going to assume your father passed away. As a caregiver, if your father promised you something in exchange for taking care of him for 7+ years you can make a claim against his estate for what was promised to you or reasonable compensation from the estate.

You do not say when the Will was created or who arranged for the Will to be drafted. If your brother took him to an attorney to prepare and sign the Will you may have a good basis to assert undue influence or fraud.

More facts are required to determine the quality of your case and you should meet with a lawyer to determine the quality and value of your case. An initial meeting is generally free.

I will tell you in advance Will contests are expensive.

You did not say your father has died, which I assume is the case, if he has not passed then I would suggest you ask him to execute a new Will assuming he is competent.

So, for awhile now my long distance girlfriend and I have been wanting to get her to travel here. However, recently my counselor said that, ...

Question

So, for awhile now my long distance girlfriend and I have been wanting to get her to travel here. However, recently my counselor said that, because we met on the internet, if she comes and visits me and we kiss or hug or touch, even, even if we don't have sex, it's still considered interstate trafficking, which is a felony. I'm 18 as of five days ago, and she's 14, almost 15. We've been in a mature and healthy relationship for 6 months now (I know that doesn't really matter in the eyes of the court, but it's not a situation where she's unwilling, or where I'm conning her into thinking I'm someone else, or taking advantage of her.)which apparently means that any "sexual contact" (which seems to be classified as any contact at all, but especially couple-y things like kissing or hugging) is a felony as the law sees it as a case of me "trafficking" her over for sexual purposes. This is all according to my counselor, who said that a police officer in our area had done an internet sweep a few years back and somehow discovered two people who had done that and the one considered an adult had been charged with a felony (they didn't specify as to whether this was some random sweep or a search and seizure based on evidence)

I guess I just want to know how much of this is true and how much, if any is scare tactic. We also want to know if this changes when she's the age of consent (which is 16 in both our states) or whether it doesn't change until she turns 18. Are there any alternatives? What if I visit her?

Not being able to be sexual is fine with us, but not being able to touch, kiss, hug, or even possibly see each other in person for the next three and a half years seems really harsh. I should add that we're in a lesbian relationship, but I'm transgender, and while my name is changed, I'm still legally considered male, I think (the gender marker hasn't been changed)

All these laws just seem really confusing and we'd just like to sort out for sure what is and is not okay, because all sorts of different sources seem to be saying different things.

Answer

Yes it's illegal and treated very harshly in Michigan. Just stay away from anyone under 16 or face certain trouble.

Answer

DEAR FUTURE PRISON INMATE: First of all it's completely possible that you are communicating with an adult male police officer who is trolling for fools like you on the internet. He may have already contacted the Ann Arbor police in preparation for your arrest and has a complete record of your internet conversations. If this is not the case,clearly you don't know anything about 14 year old girls. Any adult male who puts his future in the hands of the capricious nature of this child is an idiot. Have you told your mother about her yet?

After a few months of trying to live on 66 of a 40 hour week, I found a part-time job only to get my weekly WC check adjusted. I was recent...

Question

After a few months of trying to live on 66% of a 40 hour week, I found a part-time job only to get my weekly WC check adjusted. I was recently contacted by the WC insurance company about a lump sum settlement. If I take a lump settlement then find employment (I am currently pursuing a BS in Psychology), Will the WC insurance company ask for the settlement back being that I have returned to full-time employment?

Answer

Once a case is settled the insurance carrier has no more rights so they cannot ask for the settlement back. However, the settlement is just as final for you so you should not give up your rights quickly, easily, or cheaply. Since you do not know how to determine the value of your claim you are at the mercy of the insurance company who will pay you the least amount possible. I would not try to settle your claim without a qualified Virginia attorney. You may call me at 1-800-945-7051 if you have questions about this response.

Is it legal in the state of Va. to question a 13 year old student at school with the principal, a guidance counselor, and a cop without pare...

Question

Is it legal in the state of Va. to question a 13 year old student at school with the principal, a guidance counselor, and a cop without parental consent or a parent present about a crime that happened over the weekend?

Answer

If a cop was there, then at least one parent should've also been there.

What transportation use to be used in the 1950?

What transportation use to be used in the 1950?
pretty much the same as today

What are the release dates for Memory Lane - 1947 - 1948-10-19?

What are the release dates for Memory Lane - 1947 - 1948-10-19?
Memory Lane - 1947 - 1948-10-19 was released on:

USA: 19 October 1948

How do you make a 2-4-6-8 box?

How do you make a 2-4-6-8 box?
you make a box and out in 2,4,6,8

Checked my credit report and send in requests for 2 things were paid years ago and 2things I never heard of I need to refinance my car for I...

Question

Checked my credit report and send in requests for 2 things were paid

years ago and 2things I never heard of

I need to refinance my car for I am having money problems and Toyota suggested

I do that or get a cheaper car. my credit 2 yrs ago was over 700 now its 526

what do I do , until I checked my credit report haven't gotten any calls/letters

Answer

Have lawyer write a letter and call them demanding correction.

can a employer charge a fee for missing a meeting?

Question

can a employer charge a fee for missing a meeting?

Answer

No, deducting a "fee" from earned wages for missing a meeting would be an illegal chargeback.

Hi, I have a question about this statement?STATEMENT IN THIS BOX APPLIES ONLY TO JUDGMENT OF DISSOLUTIONEffective date of termination of mar...

Question

Hi, I have a question about this statement?

STATEMENT IN THIS BOX APPLIES ONLY TO JUDGMENT OF DISSOLUTION

Effective date of termination of marital or domestic partnership status (specify):

WARNING: Neither party may remarry or enter into a new domestic partnership until the effective date of the termination of marital or domestic partnership status, as shown in this box.

(My question is, what if my soon to be ex has entered a new domestic partnership?

What does this warning mean. Do we go back to court?

Answer

It means what it says. The parties are not married until the judge signs a judgment with that box checked that indicates the marital status is terminated. Many people mistakenly think that they are divorced simply because they filed papers with the court. Any marriage or domestic partnership that they enter into without terminating the first marriage is void.

What kind of questions to ask percussion?

What kind of questions to ask percussion?
Do you know the tempo? What is the time signature? What instruments are needed for this piece? Who will play each part? Do we have the right mallets? If the timpani is needed, is it tuned correctly?

my concern is for my wife. she has been diagnosed with depression and OCD. her boss found out about this and has since been creating an envi...

Question

my concern is for my wife. she has been diagnosed with depression and OCD. her boss found out about this and has since been creating an environment that has been exacerbating her condition such as yelling at her in a work settings about her performance, touching/rearranging personal items on her desk, laughing and talking down to her about her condition. I feel that she is being treated unfairly due to her condition. her boss has been setting her up for failure since this. she has been requesting her to do things that would later get her in trouble for doing. I feel this is a hostile work environment that she has been placed in.

Answer

Under the Americans with Disabilities Act her employer is required to make reasonable accommodations for her disability. It does sound like he is creating a hostile work environment.

If there are more than 15 employees at her work she can file a complaint with the Utah Dept Of Labor, Discrimination Division.

I impersonated my ex on Craigslist by answering ads to many women basically telling them what kind if man he is but by being him. I also inc...

Question

I impersonated my ex on Craigslist by answering ads to many women basically telling them what kind if man he is but by being him. I also included a picture of him. I only had 3 respond back to me. What kind of legal trouble can I be in?

Answer

There are various legal problems you could be facing, both civil and criminal charges could be made. At this point you should probably seek legal counsel and have an attorney on hand in case charges are made. Many criminal defense attorneys are happy to provide free initial consultations.

Answer

Depending on what exactly you did, you may face various legal issues. I suggest you confer privately and confidentially with an attorney at this time and inform her/him of all you have done. It would be quite helpful if you provide copies of all of the communications. All the best. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Civil Law, Minnesota Family Law Attorney, Minnesota Domestic Abuse & Violence Law, http://dwyerlawfirm.net

Answer

The answer depends on a number of things including the consequences of your contact. It could form a basis for criminal harassment charges or a civil restraining order. There are also a number of other possibilities.

My ex stopped paying the bills for our marital home. What do I do?

Question

My ex stopped paying the bills for our marital home. What do I do?

Answer

If there was an agreement that was filed with the court report it to the Judge via a Motion. If no divorce suit papers have been filed consider doing so.

Answer

If he was responsible for the bills in the divorce final judgment (including any agreement referenced therein), then pursue a Motion For Enforcement/Show Cause (Contempt). If the Court finds in your favor, there is a good chance the judge will order reimbursement of your attorney fees and costs.

Answer

Question not clear, If he was ordered to do so in a court order then file a motion for contempt. If no court order then you have to file your case with the court asap.

Can I file a quiet title action to my mobilehome? There is a dispute between myself and the mobile home park over ownership.

Question

Can I file a quiet title action to my mobilehome? There is a dispute between myself and the mobile home park over ownership.

Answer

Well, yes and no. Your mobile home is not real property. Quiet Title actions only apply to real property. That may sound strange, since of course it seems very real to you, but in the law real property means ownership and other rights and interests in land. Everything else is personal property. So unless you were trying to assert some claim to the space on the ground in the mobile home park, a Quiet Title action would not be appropriate. Add to that the fact that mobile homes are governed by the Vehicle Code as well as property law, and it can get even more confusing. If, however, you have a dispute over ownership of your mobile home, there certainly is a way to put that before the court for determination. I'm just not sure if it would be a declaratory judgment action, or if there is some special proceeding you have to follow under the Vehicle Code or maybe the Civil Code.

Answer

Would need to know more facts to see if you have a case. Feel free to call my office at 818 345-0123

Answer

You can legally dispute the ownership of a mobile home, but it is not done through a quiet title action.

How long do I have to go without a felony to not have to put it on a job application?

Question

How long do I have to go without a felony to not have to put it on a job application?

Answer

A felony can never be expunged from your criminal record if it occurred in the State of New York so the answer is unfortunately, never.

How do I remove people who unlawfully moved in to my rv ,wich is in a trailer park? I tried to remove my rv to avoid the eviction cost but t...

Question

How do I remove people who unlawfully moved in to my rv ,wich is in a trailer park? I tried to remove my rv to avoid the eviction cost but the sheriff's dept said I couldnt since they were living in my rv,what do I do

Answer

You should consult with an attorney about the proper eviction method to use. If they were never your lawful tenants, you may have to consider a forcible entry/ detainer action.

Am still a bit upset about this. I was at work yesterday and a guy from the office came in.We sat in the lobby. He pulled up my credit hist...

Question

Am still a bit upset about this. I was at work yesterday and a guy from the office came in.We sat in the lobby. He pulled up my credit history my job history and my driving history. I was made to explain my debt to him and why i was in so much debt. I was very embarrassed. Never heard of this before . we were in a open lobby with customers and employees around.!!!

Answer

An unauthorized pull of your credit report could not only be an invasion of privacy it could also be a violation of the Fair Credit Reporting Act. But, you may have signed authorizations to obtain your records when you were hired. If so, you might only be looking at an action for the pubic disclosure of this information in the open lobby. In which case, it would likely not be worth the cost of the action unless you could prove some specific monetary damages (beyond the embarrassment).

Trying this again - hoping to get an answer. Unfortunately, it was my turn to be the unlucky speeder today in DeKalb County. I was going alo...

Question

Trying this again - hoping to get an answer. Unfortunately, it was my turn to be the unlucky speeder today in DeKalb County. I was going along with the pack as usual (I try to never be the one car passing everyone) and just got caught. Unfortunately, even on a busy day on I85, the pack was going 80+ in a 55. As Much as I try to never get super speeder status, I got his for 84 in a 55. My first ticket in probably a decade. So, bottom line is that if it was 15-18 over, I take my medicine and pay. My concern is not the cost of the ticket, but longer term ramifications. I am not TOO concerned about insurance with a previously spotless record, but of course I don't want to pay more. I'll probably give them a call. So, any comments on 1) just paying and slow down, 2) getting a traffic court lawyer to make a call or two in DeKalb to see if it can be reduced to something less than super speeder, or 3) go to court myself. Yes, I know I am asking lawyers about going to court myself, but I am ready and willing to pay the fine anyway, just would go to be nice, polite and request a reduction. From friends, I know reductions are not uncommon. Thanks for input.

Answer

You would likely benefit from using a lawyer who regularly practices in that court. Given the potential costs in fines and insurance you may realize a savings by doing so.

Why does your windshield wiper turns on when the car is off?

Why does your windshield wiper turns on when the car is off?
sounds like a short to power somewhere in your wiper control module, and or relay circuit.

well just get it check by your nearest auto dealer.

Next answer:
Why would you need the windscreen wipers on when the vehicle is off? I don't think windscreen wipers work on any modern car that I know of with the vehicle engine / ignition switched off!

Can a youth group from a church with a minor age sell thing to raise funds

Question

Can a youth group from a church with a minor age sell thing to raise funds

Answer

It depends upon what they are selling

what are the consequences of defaulting on a commercial mortgage?

Question

what are the consequences of defaulting on a commercial mortgage?

Answer

Hard to tell without seeing the language of the Mortgage and the Note. It depends upon whether there are personal guarantees, if the Mortgage is recourse or non-recourse, the language of the Note, etc. The consequence could be mearly loss of the property, to personal recourse. If you could get me the documents to review, a better response can be provided.

Answer

Typically, foreclosure of the mortgage will result. If the property is worth less than the mortgage balance, the mortgagor will have income from discharge of indebtedness unless the mortgagee enters a deficiency judgment. Most banks don't bother with that step so long as they get the property (unless they are also enforcing a personal guarantee, in which case you would not have income but you would have a personal obligation).

Beyond that, as Mr. LeVine said, one would need to review the documents and interview you to properly evaluate the situation.

This is not legal advice. If it were legal advice, it would come with an invoice.

Kevin J. Connolly

Attorney and Counsellor at Law

Anderson Kill & Olick, P.C.

1251 Avenue of the Americas

New York, NY 10020

212-278-1471

Fax 212-278-1733

My 19 year old daughter was charged 2 years ago with "minor in consumption" of alcohol. A court date was on the summons. We attended court, ...

Question

My 19 year old daughter was charged 2 years ago with "minor in consumption" of alcohol. A court date was on the summons. We attended court, the court had no paperwork, we had the summons stamped to prove were there and heard nothing until this week when it was learned a bench warrant was issued for failure to appear. Shouldn't the case have been dropped since we were there and the state did not have any paperwork?

Answer

Due to the oddity in your case...I would recommend seeing an attorney. They can issue a warrant for failure to appear if you did not appear. However, it seems you did appear and have evidence to prove so. You could get the warrant squashed and also there are relevant rules about prosecuting a charge and time to do so. It all depends on when the charge was officially placed against your daughter and how much time has passed since the date of the charging document. The prosecuting attorney must follow due process rules and prosecute the case in accordance with the laws of Arizona. There is a time frame in which they must do so. I would suggest contacting an attorney to fully evaluate the evidence in your case and to assist you with further action. I hope this information helps.