Do I or my probation officer ask for a sentence modification?

Question

Do I or my probation officer ask for a sentence modification?

Answer

You do. It is your life, not your probation officer's.

I moved out of a rental home December 31st, 2013. I lived in this home for two years and gave proper notice to vacate. The main reason we de...

Question

I moved out of a rental home December 31st, 2013. I lived in this home for two years and gave proper notice to vacate. The main reason we decided to move was the landlord is incredibly mean. When we had a tornado knock down our back fence we notified the landlord so that we would not be charged for a broken fence. After months of asking him to please come and inspect the damage, he showed up unannounced and proceeded to do a complete walkthrough of the property. In my opinion and everyone that had been to my house, we kept it clean. When he came over he was practically yelling at us saying the yard was a mess etc.. The yard was mowed. There was never any nice grass or landscaping so I don't know why he expected us to install these things. All we did is mow the yard. Anyway, this happened every time we had to call about something to be repaired. One time he even gave our house keys to a repairman and did not tell us this person was coming over and entering our home. We were not home when the repairman came. The only reason I knew he was there was a note left on a paper plate that he had to pull out of my cabinet to let me know they fixed the AC. After that we noticed some belongings were missing, and we changed the locks to the home. Suffice to say, after a year of this we never called the landlord again for repairs. We personally fixed plumbing and even replaced the pool pump. When we moved we cleaned for days. Everything was scrubbed and wiped down. The landlord sent me an email about a week later claiming that we left the home in "deplorable" condition. His words. He said he had to replace the carpet pay for someone to landscape the yard and then put etc.. I sent an email back disputing these claims to which he replied "I don't need to argue with you." He did not refund any of my 1900 dollar security deposit. So, having thought this was the end of the nightmare I decided just to let it go. Fast forward 4 months later. It is April, and they have re-rented the home. After the new tenants moved in they "discovered" new damage and cleaning that needed to be done and are now trying to get me to send them additional money! I can't find anywhere how long a landlord has post-vacancy to charge for damages in excess of the security deposit. Can someone please tell me what the law is regarding this?

Answer

A claim founded upon a written contract has a statute of limitations of 5 years. He can make claims for damages during that time. The longer he takes the less likely he will succeed and the more difficult his claim becomes.

I have an approved I-140 employment based petition which the priority date is current already (May 2007). I'm going to USA and would like to...

Question

I have an approved I-140 employment based petition which the priority date is current already (May 2007). I'm going to USA and would like to adjust my status when I get there, is that possible?

Answer

Please call me at (212) 968-8600 or on my toll-free number of (800) 750-1828. Regards, RDM

Answer

That could be construed as having "immigrant intent" & thus your entry could be viewed as visa fraud. You therefore risk having your I-485 denied if you enter the U.S. solely to adjust status.

I am a recreational therapist who runs a wellness center for the past 10 years. one of patients who has been coming for 8 yrs has given my h...

Question

I am a recreational therapist who runs a wellness center for the past 10 years. one of patients who has been coming for 8 yrs has given my husband a cashiers check for a large amount of money for him to put in our kids college fund or to pay bills with. my name is not on this cashiers check because in the medical field we are not to accept money. Is it ok for my husband to accept this?

Answer

Why is this person giving your husband this large sum of money? How much is this sum? Do you and your husband file taxes jointly? How did you (or he) intend to declare this money on your taxes? Answer these questions and I can answer your question..

I had borrowed a "so called" friend $15,200.00 on repairs of his rental property which was supposed to be paid back within 2 weeks. (A year ...

Question

I had borrowed a "so called" friend $15,200.00 on repairs of his rental property which was supposed to be paid back within 2 weeks. (A year 1/2 have gone by now) and he's only paid me 1200.00 back and still owes $14,000.00.

I kept getting excuse after excuse about the insurance check, this, that, the dog, the blue sky....

I DID have him sign a written contract that I wrote up at the time he borrowed the money and also kept the check copies, and deposit slips that he deposited into HIS and his MOMS account.

I would like to take the crook to Civil Court to get the full amount back + court costs, etc. My question is, He lied to me for the reason he borrowed the money. (I don't know what he did with it).... But, the rental property wasn't even in his name, It was in his friends name! So there was no such thing as a Insurance check coming to him to pay me back!

Now, the jerk is being nasty and malicious to communicate with for me to get the money back. I'm a single mom who worked very hard for what I have. I've gone through some very hard times financially (and he new this), for this Crooked thief to think he can get off on paying this debt back to me.

If I were to put a judgement on him, can I also put a judgement on his mom since he was putting some of the money into her account as well? ( I think he may have been trying to scam me from the beginning by doing this and hiding the funds). But, I have a copy of a couple of the deposit slips to prove that money went into her account....

I live in Minnesota and I have no idea the legalities to go about any of this.

He has even made up nasty lies, tried to ruin me and my fiance's relationship, say horrible untrue things about me, he's been Extremely Callus, all so I wont go forward on collecting payment from him.

I would really appreciate any help!

Thank you so much for your time!!

Kara

Answer

This is a general legal information website. It appears that you are in need of private attorney counsel and assistance. Your attorney can assist you and she/he will want to review your underlying documentation. All of the facts are important, including the issues as to the other party. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Lawsuits Attorney, Minnesota Debtor-Creditor Law, http://dwyerlawfirm.net

Answer

Hi Kara:

I have 33 years experience in business law, including owning and managing rental properties.

I would be happy to provide you with a no charge phone consulting re: procedures and steps involved in collecting your money, both outside of and in court.

I am in Eden Prairie but have clients all over Minnesota.David Anderson www.ebizlaw.com

952.200.2460

Answer

Kara:

You definitely have the right to sue the borrower for non payment. In Minnesota, a judgment creditor can garnish wages and bank accounts, so there are ways to collect when you win the case.

I can certainly help you. [email protected]/* */

Answer

You should immediately sue for non-payment of the debt. Keep in mind that unless there is a written contract provision or statute that allows for recovery of attorney's fees, you would not be able to recover your attorney's fees in collecting on the debt, but you could recover your court costs if you prevail. Even though you're still owed $14,000, you might want to consider filing an action against him in small claims court (but your claim would be limited to $10,000). The reason being is that it's more cost effective and quicker than bringing an action in District Court. However, in August 2014, the cap will increase to $15,000, so at that point you could sue for the full amount owed in small claims court. You want to consult with an attorney, however, because there are limitations periods that could prevent you from bringing a case against him if not timely sued out. You should consult with an attorney to help file the case.

Recently I purchased a vehicle a week and a half ago. The dealership called me yesterday and told me that the bank had dropped me, but them ...

Question

Recently I purchased a vehicle a week and a half ago. The dealership called me yesterday and told me that the bank had dropped me, but them picked me up with a higher interest. Do I haft to sign the new contract or can I give them the car back?

Answer

Give it back to avoid being screwed on interest and payments. That may encourage them to find proper rate loan.

Answer

That sounds fishy. Take the car back, you don't have to sign and get into a situation that you did not agree to.

I have 2 children, one of which is a disabled child, we are living in my grandmothers house, when she passes away are there any laws that pr...

Question

I have 2 children, one of which is a disabled child, we are living in my grandmothers house, when she passes away are there any laws that prevent from moving out of the house because of our disabled son, or will we have to sell the house to pay all of her medical bills

Answer

I am not sure what you are asking here.

If grandmother is alive then I assume title to the home is still in grandmother's name.

When grandmother dies, a personal representative will probate an estate for her depending on her assets and debts. It will be the job of the personal representative to figure out what grandmother owned and owed, pay any just debts and then distribute what is left to the people designated in the will or her heirs if she has no will.

If you are staying in the home rent free with grandmother's permission, well and good but when grandmother dies, any permission dies with her. It will then be up to the personal representative. He or she may allow you to stay in the home but may make you pay rent. It will depend on who is to inherit the home and what other assets and debts there are in the estate. It will also depend on the identity of the personal representative and your relationship to him or her.

You having a disabled child means nothing. If the house is grandmother's its grandmothers, not yours, unless you are scheduled to inherit the house upon grandmother's death. And even then, if the house is an asset and there are little or no other liquid assets and grandmother has debts, then the debts have to be paid somehow before the beneficiaries or heirs get to inherit.

You are not personally responsible for your grandmother's medical bills; your grandmother's estate is. However, if there are not enough assets in the estate, then you and any other heirs may be responsible.

I do not understand your query about laws preventing you from moving out of the house. There are no such laws. If you don't want to live in the house you are free to leave at any time. That has no bearing on any debts owed by your grandmother's estate though. As I said, the personal representative's job will be to figure out what your grandmother owned and owed, pay her bills and then distribute what is left to her heirs. If there is enough in the way of assets to only pay the bills, then the heirs get nothing. Sometimes there is not even enough to pay the bills and in that case the bills get paid in order of priority as designated by the estate laws. When the money runs out, it runs out. There is an exception though for certain kinds of debts - for example, if grandmother ran up a bill at a nursing home, the nursing home could come after the children for payment.

What is the name of the actor that plays Red Foreman in That '70s Show?

What is the name of the actor that plays Red Foreman in That '70s Show?
Kurtwood Smith
Contrary to his angry appearance on the show, I heard tha Smith is very laid back. Odd, huh?

How fast were cars in the 1830s?

How fast were cars in the 1830s?
The first automobiles were built in Germany in the 1880s. There were test vehicles built a few years before that, but, they were not automobiles as we know it. The 1880s cars could only go a few miles per hour.

my dad left his guns to me. i was young so he drew up a letter and had it signed by two others that were witnesses. the letter said he "sold...

Question

my dad left his guns to me. i was young so he drew up a letter and had it signed by two others that were witnesses. the letter said he "sold" the listed guns to he best friend. we had and agreement between the three of us that i would get them when i was 25. all models and serial numbers are listed in the letter. my aunts (my fathers sister) oldest daughter when to my dads best friends house and took all the guns. Can i get them back? do i have or my dads friend have any legal ground here?

Answer

if the letter says they were sold to the best friend and the friend had possession, what legal grounds did aunt use to get them? hire an attorney before she sells them.

what is a ticklers? and what if it says in the ticklers, TCL02-CLERK'S AUDIT OF INVENTORY DUE 90 12/23/2013, what does that mean in probate?...

Question

what is a ticklers? and what if it says in the ticklers, TCL02-CLERK'S AUDIT OF INVENTORY DUE 90 12/23/2013, what does that mean in probate? Thank you

Answer

Usually it is a term for a reminder. For example the Inventory is due 90 days after the issuance of a letter of administration. The Tickler is a set reminder that pops up when the item is due. That is my best guess.

what isthe penalty for the following :2C:12-1B(5)(A)2C:29-2A(3)A)2C:33-2A(1)2C:29-2A(1)

Question

what isthe penalty for the following :

2C:12-1B(5)(A)

2C:29-2A(3)A)

2C:33-2A(1)

2C:29-2A(1)

Answer

Agg ass on a police officer and resisting arrest is very serious crimes.

A 2nd degree crime has a presumption of jail time between 5 to 10 years assuming you are

Not extended term eligible. Based on the charges it may qualify under the no early release act which means you must stay in jail 85% of the time before parole eligibility.

I recommend you immediate retain a criminal defense attorney.

I specialize in criminal law and would be happy to give you a free

Phone consultation.

Where is the ac heater blower located in a 2000 Grand Voyager?

Where is the ac heater blower located in a 2000 Grand Voyager?
Check the passenger side firewall - some are accessible from the outside under the hoodOthers are behind the glove box area inside the vehicle

I am having several problems with my employer. I have never been paid overtime. I have not received my pay for the past week. Three weeks ag...

Question

I am having several problems with my employer. I have never been paid overtime. I have not received my pay for the past week. Three weeks ago I was denied my full pay. My employer took 200 dollars out of my check the following week for payment on an advance without my permission. When I asked about missing hours and pay I only worked two days in a week. I feel that this is punishment for me standing up for myself. I am required to use my personal vehicle for work related errands and the 10s of 1000s of miles from doing so has directly contributed to my personal vehicle being inoperable. The advance I received was to repair my clutch because of all the miles I had driven and 2 weeks later my motor went out. I have never received compensation for any driving I that has been required of me. I was given a pay raise a month ago and now I am being told I make my old wage. I am paid under the table without a log of my hours or being able to access my employee file. I have repeatedly asked questions about my position and have never received a constant answer if I am lucky enough to get an answer at all. I need help. My whole life is suffering because of these problems and many more. I have no idea what to do.

Answer

What you need to do is contact an employment lawyer ASAP. From your question, it sounds like your employer has violated the law in several ways. You should consult an employment lawyer right away regarding your rights and any possible claims you have.

Many employment lawyers provide free consultations and will not charge you anything up front to take your case (i.e. on a contingency basis), so you should not hesitate to contact an attorney because of financial concerns.

Good luck to you.

Answer

You definitely need to meet with an employment lawyer to see exactly what claims you have, and how you should pursue them. If there is more than one employee affected, you may be able to work together to pursue all your claims at one time.

My experience in this area is that employees are often better off changing jobs when the employer is engaged in numerous labor law violations. A lawyer may be able to help you pursue your claims -- but it is often unlikely that he or she can get a small company who routinely violates labor laws to comply. Indeed, they are often resentful and the situation for the employee becomes intolerable. You should discuss this with your attorney as well.

Answer

File a claim with the local Labor Commissioner office for the unpaid compensation, and consider hiring an attorney to help you file and pursue the case. If you win, you'll get your unpaid amounts and your attorney fees. If you are retaliated against for demanding your money, or for filling your claim, you would also have grounds for a civil lawsuit. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answer

You are owed pay for all of the time you worked. Wage claims can go back 3-4 years (statute of limitations.) If you have an attorney represent you instead of filing a claim with the Labor Commissioner, your employer "shall" pay your attorneys' fees and 10% interest. You may also have a claim for unlawful retaliation for cutting your hours after you complained about your legal rights - but the Labor Commissioner can't help you with that claim. It is also unlawful to require an employee to use his/her vehicle for company work related driving without compensation and to deduct from a paycheck (other than for taxes, etc.) without written authorization. A strong demand letter from your attorney may get what is owed to you. You will need to decide if you want your attorney to send a letter while you are still employed or to wait until you are no longer working there. Keep in mind the statute of limitations for wage claims (3 and sometimes 4 years.)

if i believe someone has taken a blank check from me can i press charges?

Question

if i believe someone has taken a blank check from me can i press charges?

Answer

Blank checks...

The answer to your question is twofold. First, when anyone takes something from you, without your permission, they have committed a larceny (criminal), and a trespass to chattels (civil). The criminal matter would have to be pursued by the State -- you cannot bring a criminal suit. However, you could swear out a warrant. From a civil standpoint, there is not much damage done in taking a piece of paper (a blank check). So, likely, there would not be much in the way of damages. You cannot sue someone for potential damages -- i.e., what they might do with the check.

Secondly, if they complete the check or attempt to submit a forged draft, then the playing field changes significantly. Forgery and passing false papers (utterance) is criminal, and if proven, could result in considerable jail time (depending on the amount). Further, a forged check should be caught by the bank. If they do not catch the bad check, you can hold the bank liable for any payments made. Finally, you can sue the bad actor for conversion -- that's taking cash from you.

Finally, the prudent act at this point, assuming nothing else has been done with the checks, would be to contact the bank and let them know your checks have been stolen. There are procedures to get you new bank drafts, while invalidating the prior checks. If the theft was egregious, you may need to get a new account number.

Do you need help figuring out what the next steps should be? Have they already threatened to write a check? Give us a call at 703-402-2723 to discuss this further.

can a school suspend a student without evidence. all they have is hear say. student tried to tell them he didnt do it an the principle kept ...

Question

can a school suspend a student without evidence. all they have is hear say. student tried to tell them he didnt do it an the principle kept insisting the he was lying. they have no proof.

Answer

Yes. Witness testimony is sufficient

I would like to dismiss my lawyer from a case I am dismissing. She insists that she needs to file a motion to withdraw from the case but the...

Question

I would like to dismiss my lawyer from a case I am dismissing. She insists that she needs to file a motion to withdraw from the case but the court says I can file my own motion using a blank form to dismiss her. She has already charged me thousands with little contact and me having to repeat details of the case over and over. I am dismissing this case and don't feel like paying her more money just to file more paperwork. This is in Arizona superior court. What are my options?

Answer

You have a right to end your relationship with a lawyer at any time. However, depending on the posture of the case, your lawyer might have to make a motion to withdraw.

I received papers in the mail today June 7, 2014 from my ex boyfriends mother asking for guardianship of our daughter, Kailani. I will not s...

Question

I received papers in the mail today June 7, 2014 from my ex boyfriends mother asking for guardianship of our daughter, Kailani. I will not sign it as I am going to file for full custody of our daughter since he apparently cannot take care of our daughter. Is there a form to send back denying the guardianship? What do I do?

Answer

You didn't say what the papers you received are, or whether they're from the court or an attorney. You're going to need your own attorney-you can't afford to wing it or ignore it, and there is no magic form that would make this go away.

how to get power of attorney for someone suffering from dementia

Question

how to get power of attorney for someone suffering from dementia

Answer

If the person is legally incompetent, you will need to obtain a guardianship along with a medical examination of the person you are trying to get powers over and have it approved by the court. If the person is competent, he/she would execute a Power of Attorney and sign attesting that he/she is legally competent. If other parties know that this person has dementia, the Power of Attorney may be challenged if they believe that the person signed while not legally competent.

My girlfriend and her child moved into my apartment about a month ago and now I want her out. I have been told the police cannot do much, ho...

Question

My girlfriend and her child moved into my apartment about a month ago and now I want her out. I have been told the police cannot do much, however what legal action can I take to get rid of her? The apartment is being rented in my name only

Answer

You have a third party serve her with a Notice to Quit. I always recommend that you give a full calendar month, so I would serve her toward the end of the month with a demand that she move out by August 31. If she does not leave then you take her to court as a holdover tenant.

Can my sister and myself both be listed on a financial and medical power of attorney for my Mom?

Question

Can my sister and myself both be listed on a financial and medical power of attorney for my Mom?

Answer

Yes. You can either both act jointly or either can act alone. You need to make sure the document is clear.

Answer

Yes, but it's risky. What happens if the two of you disagree?

If I got subpoened to be a witness and dont get called on my day, do I have to keep going to court everyday until I am called?

Question

If I got subpoened to be a witness and dont get called on my day, do I have to keep going to court everyday until I am called?

Answer

That is up to the judge. Once you are subpoenaed you are under the court's jurisdiction and control. The usual practice, however, is not to require non-party witnesses to show up until as close as possible to when they are needed. Prior to the start of trial the judge usually asks the lawyers to come up with an estimated schedule of witnesses and arrange testimony to fit with the schedules of non-party witnesses as much as possible. You should discuss this with the attorney who subpoenaed you. There is also nothing prohibiting you from talking to the other attorney as well to get a sense of how long their questioning of you might go on.

My brother and I each have a home in our Family Trust, it has been 3 years since the original trustees have passed (my parents) and I am a T...

Question

My brother and I each have a home in our Family Trust, it has been 3 years since the original trustees have passed (my parents) and I am a Trustee, we have 2 California properties in the trust which we need to disperse, one to my brother who does not have a Trust and one to myself and I have my own Trust. What forms do I need to do this?

Answer

Without having a review of the trust which holds the properties, suggest you seek a competent estate planning attorney to assist you in the transfers, and also assess whether the trust owes any taxes on any gains in the properties that would be due upon transfers.

Answer

oy vey, I hope you have at least filed the Claims for Exemption from Reassessment.

The Trustee needs to execute Deeds (with change of ownership reports, and exemption claims, if the latter are not already filed- these are judicial counsel forms and can be found online. I think all the recorder and assessor's offices have websites by now) to the beneficiaries and record the deeds at the County Recorder's office. There are also other duties and responsibilities of a successor trustee, but if you and your brother are the only two beneficiaries of the trust, and are in agreement about everything, you may be able to skip some but not all of the formalities. I'd advise you to consult an attorney and wrap up the trust administration process asap; it is unlikely that your parents' trust contemplated leaving the properties titled in the trust for this long.

Answer

Deeds.

Preliminary Change of Ownership Forms

Parent Child exempton claim forms

A proper documentary trasnfer tax exemption logo

It is advisable to consider a title report or title policy ( or an endorsement of the existing policy)

I would strongly advise engaging counsel to help with these steps and providing the needed accounting and final distribution steps for the trust.

It is way to easy to do these things incorrectly, and expensive to try to fix them after the fact. As noted in a prior response, you may already have problems if the required claim for parent child exemption was not processed. The result could be retroactive reassessment of the property taxes on each property.

What happens if there was an entry of judgement where the Mother was not served any summons or complaint regarding paternity in California. ...

I have crohns disease and it is causing me to be immobile on certain days, and on those days when i try to call in sick to work at McDonalds...

Question

I have crohns disease and it is causing me to be immobile on certain days, and on those days when i try to call in sick to work at McDonalds they write me up, is that right?

Answer

Hi there--this isn't as easy a question as it sounds. Crohn's can be a disability under the Americans with Disabilities Act, even if intermittent, which means the employer may owe you a reasonable accommodation as long as it doesn't cause the employer undue hardship. As you can see, that's a balancing test. Shift work is notoriously difficult to evaluate for the sufficiency of the employer's proffered accommodation. Whether your particular condition qualifies as a disability under the ADA, and whether their accommodations are reasonable, all depend on the facts. How many co-workers do what you do? How much time off do you require? Could you work if permitted to visit the restroom as needed? And so on. It all can get pretty confusing. I'd be happy to take a closer look at your predicament, though--I'm a long-time civil rights lawyer, I represent plaintiffs, and I'm licensed in Va. and D.C. If you feel like it, call me at (202) 642-1431, or write me at [email protected]/* */ Good luck and hang in there. --Steve Pershing.

How do i remove a lesee from a title? My vehicle is under a leese but its paid for.

Question

How do i remove a lesee from a title? My vehicle is under a leese but its paid for.

Answer

Titles don't have lessee's. Titles have liens. If you have a lien on your title you will have to pay it off or show cause as to why it is bogus.

My employer is closing down for a week to do some construction , and is not going to pay us. they told us to use our vacation time if we nee...

Question

My employer is closing down for a week to do some construction , and is not going to pay us. they told us to use our vacation time if we need the money. Can they just do this and send us home? What are the laws about doing something like this? How much notice do they have to give us? How long can they send us home for legal? Can i collect underemployment or any kind of compensation for hardship? I live pay check to pay check, missing a week of work is not a option for me i would not be able to pay my rent and all my bills. Thank you

Answer

It is perfectly legal for them to do this. No notice is required. You have to check with EDD whether you can collect unemployment for a one-week furlough..

Answer

Legal?? Yes.

You are entitled to be paid for the hours you work. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Check with EDD to see if you can collect for that time off.

I went thru a divorce on 6/21/13. I have a tenant in my home and now my ex does not want to pay for child support or medical expenses, claim...

Question

I went thru a divorce on 6/21/13. I have a tenant in my home and now my ex does not want to pay for child support or medical expenses, claiming that my income has now increased due to the tenant. My question is, if I have the tenant not pay me any money every month, so I will not be receiving any kind of extra income, but instead the tenant will be doing an auto-pay to pay my credit card bill. So my expenses will be reduce and my income will not be increasing. In this case would my ex have any way in the eyes of the court/law to modify the child support order, or the percentage that he would have to pay towards any medical expenses?

Answer

There are a couple of ways to approach this. First of all, it is income. Having him pay your credit card bill doesn't turn it into something else. But that doesn't mean your ex doesn't have to pay child support. In the first place, unless the rent increases your income by at least 15%, there's no basis for a modification. Secondly, your ex can't unilaterally modify the child support; he has to file a motion in court, and if and when he does that the court can modify the child retroactive only to the date he files his motion. Thirdly, even if the rent does increase your income by more than 15%, that may not alter the child support by much. The mathematical formula used to calculate support is proportionalized to both your incomes, so that a 15% increase in your income probably won't result in a big change in the support number. Fourthly, when calculating income from rental property, you get to deduct expenses associated with the rental property. For example, if this were a 2 family house, your income isn't the rent paid by the guy living on the second floor; your income is the NET income, that is, the rent less half the mortgage, half the taxes, half the insurance, half the lawn mowing, etc. If this renter has use of half the house, you can deduct half the house expenses to arrive at the NET income; if he has use of 1/3 of the house, you get to deduct 1/3 of the expenses.

Is Natalie Tran married?

Is Natalie Tran married?
no

i was driving a car in michigan that is titled and registered in the state of illinois, and also the owner of the car lives in illinois.I ha...

Question

i was driving a car in michigan that is titled and registered in the state of illinois, and also the owner of the car lives in illinois.I have a michigan drivers license and live in mi. I was cited for no proof of insurance. I believe michigan does not have legal jurisdiction in this matter. am i correct? thank you for your advice

Answer

"I believe michigan does not have legal jurisdiction in this matter. am i correct?"

NO.

I am 18 years old I embezzaled 650 dollars from my job, do you think they will send me to prison since im so young? or will they just put me...

Question

I am 18 years old I embezzaled 650 dollars from my job, do you think they will send me to prison since im so young? or will they just put me on probation?

Answer

18 isn't all that young. Definitely old enough to know better. So you really ought to go to prison but each case is different and outcomes can't be predicted.

Answer

Thank you for your inquiry. If you would like to speak with an attorney at our firm, please contact our office at (919) 829-3500.

When a landlord determines a lease broken in CA (because we had to make payment arrangements) and wants to go to month-to-month, does a new ...

Question

When a landlord determines a lease broken in CA (because we had to make payment arrangements) and wants to go to month-to-month, does a new agreement need to be signed?

Answer

That's a bit confusing. The fact that payment arrangements are made does not invalidate the lease, nor does it require a new one. A tenancy does not require a written lease (although it is a good idea.) All that is required to create a tenancy is occupation of the property with the landlord's consent in exchange for rent.

Hello, I live in Texas. This past weekend my wife and I got in a verbal altercation in our backyard. Our neighbor called the police after he...

Question

Hello, I live in Texas. This past weekend my wife and I got in a verbal altercation in our backyard. Our neighbor called the police after hearing over the fence. When the police arrived, they questioned us both. They pulled my wife to the side and played word games with her. They asked her if I threatened her or touched her. She told them I put my hand on her shoulder to lead her into the house since we don't like to argue or yell in front of the kids. The cops handcuffed me and took me to jail. I've never been in trouble and never been arrested in my life. I was put in a jail cell for 15 hours by myself, with no contact with the outside and had no idea what was going on. The judge showed up and told me if I plead guilty to Assault - Family Violence (Misdemeanour Class III), I could go home. I didn't know if I had been in the cell for 12 hours or 3 days as nobody was in there with me. He said if I plead not guilty, I would have to have a trial with him 48 hours later. He led me to believe that if I didn't plead guilty I had to stay in there for 2 days. I was disoriented, scared, cold, and wanted nothing more than to get out of there. He told me it was a simple Class III Misdemeanour like a traffic ticket. Now that I've been doing research, I've discovered it's so much more than that.

My question is that I was given NO paperwork other than the mandatory Emergency Protective Order. We are meeting with the judge today to get that dropped as nobody believes I'm a threat to my family or kids. The judge made a comment when reading me the emergency protective order that, "My CHL would be suspended and that he was not here to take my firearms." However, after now doing some research, I read that the federal law states I can never own a firearm the rest of my life for a Class III Misdemeanour for Assult - Family. Since he made that statement, is there such a thing as this EPO just being my penalty and maybe they are not turning it in? I did NOT receive a citation, but had to pay $300 which they told me was the penatly for being in jail.

Firearms are a big issue to me as I have 4 boys and I am an avid hunter. My favorite past time was growing up hunting with my father and I can't stand to loose out on this for the rest of my life with my boys.

Is there anything I can do? Texas law states I have to wait 3 years (I think) but federal law states it's forever. Anything I can do to get this overturned regardless of the price? Do I have any hope?

Answer

You will need to consult with an attorney familiar with handgun laws. I'm not familiar with them. It appears that you are in Harris county. You can look on this website and on www.avvo.com.

The attorney that I always call when I have a complicated question like yours is Robert Cardenas. His personal cell phone is 832-526-8660. Tell him that Fran sent you. He is a personal friend of mine. He is has been licensed many years and very experienced. Hopefully he can help you.

By the way, your home is now "red-flagged" by the cops on their computer -- so if they come out again you will be arrested again. No more arguing!

Good luck.

I am a victim of a domestic violence and I need some knowledge of what can possibly happen. This man is my kids father and we have lived tog...

Question

I am a victim of a domestic violence and I need some knowledge of what can possibly happen. This man is my kids father and we have lived together for 10 plus years...he was on probation for the past 2 years for hitting me. We ended up back together due to a fear for my life...this last time he threatened me with text messages and called my parents saying he would kill me if I did not give him money because he felt like i owed him. He has failed drug tests and was sentenced a weekend in jail for doing so...the DA also has past instances of people testyfying to show his pattern. His defense was that another girl was texting my phone off of his phone but I had a voicemail on my work phone with this same girl saying how he abused her. He has been in jail for 4 months and they refuse to give him bond....I am just wondering what could the possible odds be...

Answer

He is going to be convicted / probation revoked. No one will believe that stupid story he is making up. If he gets a prison sentence, once he is about to get out, call the DA to see if you can get a protective order against him.

Get yourself counseling so that you can be strong and stay away from this man. Report any contact he has with you, as any contact you would reasonable believe is threatening.

I am soon to be fileing for a custody modification for my 12 yr old son. I paid a membership to a service that misrepresented themselves as ...

Question

I am soon to be fileing for a custody modification for my 12 yr old son. I paid a membership to a service that misrepresented themselves as legal support but were actually only for filling out paperwork for an additional $990.That ordeal wasted precious time when I could have already filled out, filed and served the mother by now. So,now that time of the essence, (he is supposed to go back to his mothers on July 31st) is there a temporary or emergency order that I can file in order to keep him here while we wait for a hearing date to be set? (we are in Brazoria County Tx)

Answer

You must file an emergency modification and attach an affidavit explaining why the child should not go back to mom. Your attorney would ask for a court date.

I recommend that you contact attorney Patricia Bushman at 713-807-9405. Talk to Mandy her paralegal for an appointment. Your first appointment is free. She takes credit cards and takes payment plans. She has represented many men seeking custody, including my male cousin. She won custody for my cousin & eventually had the ex-wife thrown in jail for contempt. How much will it cost? You need to serve Mom and it will depend on how much she wants to fight.

I know lots of lawyers that practice in Brazoria. If you want to look for an attorney look on this website and on www.avvo.com

I only mediate these days -- which is certainly an option for you.

If the child merely wants to change custody, you must ask the judge to interview the child in chambers. But be aware that just because the child wants to come live with you is NOT binding on the judge. The child has no say on on where they live until they turn 18. Many people in TX think that a 12 year old can make decisions -- that is no where in the TX Family Code.

I hope this information is helpful.

www.familylaw4u.com

713-847-6000

What it the average price to get assistance in filing guardianship paperwork of a minor?

Question

What it the average price to get assistance in filing guardianship paperwork of a minor?

Answer

The cost will depend on whether you anticipate that your petition will be contested. If the parents are in agreement, and there are no other relatives or authorities who would oppose the guardianship, you are probably looking at $1,000 to $2,000 depending on where the case is pending. If the parents are not on board, or if your petition will be contested, you could be looking at significantly more.

If I committed a crime in 1993, (Florida), and was placed on probation and was picked up in 2013 and was then found guilty. Is the offense c...

Question

If I committed a crime in 1993, (Florida), and was placed on probation and was picked up in 2013 and was then found guilty. Is the offense considered to be old, (1993), as for employment purposes?

Answer

Not sure what you mean "for employment purposes." If you were convicted in 2013, then a background check should show that you were convicted in 2013. Not quite sure what else you are asking, if anything.

My ex and I have been legally seperated since December of 2011. Our divorce was final in May 2013. I agreed to her having physical custody o...

Question

My ex and I have been legally seperated since December of 2011. Our divorce was final in May 2013. I agreed to her having physical custody of the children ages 12 and 9, but circumstances have since changed. She is addicted to pain killers and has become very sick, weak, and hateful. She verbally gets out of control with the kids. Most of the time my kids are living with her parents because she cannot take care of them. The oldest begs to come live with me and she will not allow it. She does nothing to foster a relationship between the kids and I, and even talks poorly about me to them. My kids are smart and don't fall for her lies, but it makes the situation hard. In my oppinion this is abuse. What are my chances of winning a modifiation of custody case?

Answer

We would need a good deal of more info to provide a competent response. From the info you do provide, I would say that you have a fair to good chance of modifying the existing Order. The best thing to do would be to consult with an experienced attorney in your area. I have been handling such cases for over 35 years, and might be able to offer my services. Please feel free to contact me directly.

Answer

Very good. it has to be a substantial and continuing change un circumstances and in the best interest of the children

Hi,I recently opened a stock option trading account with TD Ameritrade. They assigned someone to handle my account. He kept calling me and...

Question

Hi,

I recently opened a stock & option trading account with TD Ameritrade. They assigned someone to handle my account. He kept calling me and pushing me to start trading even though, I told him that I wanted to spend some time paper trading and understanding their complex application. They kept calling me and almost coarsening me to start trading, so I did, and a few months later, I lost everything, almost 100K. Do I have a case?

Answer

Very likely, yes. I would need some additional information to be certain though. I would be happy to speak with you. Please call me at your convenience. Jeffrey M. Shancer, 312/795-9000.

Answer

Thank you for your question. The answer to that question, however, may not be so clear. When you opened the account up, as is standard with all stock brokers, you signed an arbitration agreement. That means that if you have an dispute with them, you are bound to go to arbitration (not just sue them) that is regulated by FINRA, the govermental authority that oversees stock brokers. That is the first issue.

The second issue is that you also completed an investor profile when you opened the account. This would have given the broker information regarding your preferences for investing as well as given an indication of your risk profile.

Finally, three, the issue regardinng the aggressive broker would be whether or not he directed you to trade and whether the trades he directed you to make caused you to lose money. This would also turn on what companies you invested in and whether those companies were sound investments for you given your risk profile.

So, a few questions here. I would welcome any opportunity to speak with you as I focus in this area. My email is at(at)ibankattorneys.com Thanks, Adam Tracy

I just closed on a house on Tues., 3 days later my loan officer calls me requesting additional info about my child support payments. Am I ob...

Question

I just closed on a house on Tues., 3 days later my loan officer calls me requesting additional info about my child support payments. Am I obligated to give them any more information at this point. There wouldn't be any legal way for them to back out of the contract would there?

Thanks in advance.

Answer

The paperwork you signed at closing likely makes it your responsibility to provide the further information. you should not just ignore it.

I left my wife of four years and moved to Minnesota, from Texas. She has all material belongings acquired during our time together. I wish t...

Question

I left my wife of four years and moved to Minnesota, from Texas. She has all material belongings acquired during our time together. I wish to file for divorce but believe she will damage or destroy my personal things when she realizes I'm serious. I do not want to take anything from her, I only want my clothes, truck, dog, and football memorabilia. I plan to go to Texas next month to file for the divorce. What are some things I should do to promote as peaceful encounter as possible.

Answer

I suggest you talk with an attorney who can advise you in detail on what would be the wisest possible path or paths of action in this matter, since you state you want your belongings but believe they will be damaged or destroyed in the process. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Divorce Planning Attorney, Minnesota Spousal Support - Alimony Law, http://dwyerlawfirm.net

Do I need a lawyer to represent me in a law suit of $4,880 in order to win?

Question

Do I need a lawyer to represent me in a law suit of $4,880 in order to win?

Answer

If the claim is for $4,880, it should be in small claims court.

Parties cannot have a lawyer represent them in small claims court -- people must represent themselves. An attorney, however, may be of help in determining what evidence is relevant to the case, and in helping you practice the presentation of your case to the judge.

Answer

Not necessarily. Some people can represent themselves. You may want to at least get some legal consultation and maybe even some coaching.

Answer

What kind of case is it? If it is a breach of contract case and the contract has an attorneys' fees clause, you may be able to get the defendant to reimburse your attorneys' fees. If not a breach of contract case, but one in which there is a statute (written law) providing that the prevailing party receive their attorneys' fees, it may be best to retain counsel. I agree that you should at least consult with an attorney to learn what you can before you represent yourself.

I'm currently pregnant and the father of the child was a heavy alcoholic and currently has 2 dwis on his record as well as domestic violence...

Question

I'm currently pregnant and the father of the child was a heavy alcoholic and currently has 2 dwis on his record as well as domestic violence charges. I did not know about either till he landed himself in jail for a dwi (his 2nd one) and I left. The domestic violence charges are from his wife (that again I did not know he had from the start) he had ran his truck in their house while drunk, with her and his son still inside. he's a violent person and a danger to my child. I guess My question is, since I am not putting him on the birth certificate nor child support does he have any rights or would I have to take him to court to demolish them. He won't agree to signing them over his self. All though has not contacted me nor my family to see how the baby is doing or to get anything for the baby since I was 2 months I am now 8. If you can please explain to me what I would need to do.

Thank you and God bless.

Answer

Hopefully you did not apply for medicade, food stamps or WIC. If you do, then you have signed over your rights to the TX A G office and eventually they will want to know the daddy's name so that they can file to recover money on behalf of Texas taxpayers.

Don't put him on the birth certificate. Then he will have to go to court and establish paternity. Request DNA testing to make him prove he's the bio dad. He can file for paternity for the next 18 years.

Look on this website and www.avvo.com for an attorney in your area that handles child custody and support cases. Be prepared to hire this attorney if he files any legal paperwork to establish his paternity.

Other than that, you need to be the best person you can be (no drugs or alcohol or other "bad" things). Breast feed for as long as you can - as long as the child is breast feeding most judges will limit long visits with the father.

Take care and I hope that you have a wonderful pregnancy.

www.familylaw4u.com

Can I name my blog "Battlestar Athena" after a ship from the television show "Battlestar Galactica?

Question

Can I name my blog "Battlestar Athena" after a ship from the television show "Battlestar Galactica?

Answer

You will not be arrested, nor will the owners of the rights care since it is a dog

Answer

I misread excuse me. I am slightly dyslexic and it showed here.

You can name your blog that. However, I am quite sure that is a mark covered or associated with the series. You can expect a cease and desist letter threatening legal action if your blog grows in popularity.

i been on five year felony probation for about three years now and i was in a mental health group under the terms of probation i missed some...

Question

i been on five year felony probation for about three years now and i was in a mental health group under the terms of probation i missed some classes and they kicked me out of group upon talking to the class therapist he said he would be willing to consider taking me back if probation or state attorney ask him to. but since a warrant has been issued is it possible when i talk to my probation officer for him to take back the warrant? also is this only a technical violation of probation since its not a new criminal charge?

Answer

Generally once the warrant is issued a judge had already found probable cause for the violation so it won't be taken back. The judge may choose to reinstate or modify your probation but you are probably facing the Vop process

My fiancee ex husband called children and youth on me after he had consistently called on fiancee and her 2ex older children who are not his...

My CEO was given 2,160,000 shares of stock, in a company he founded,for the total purchase of his company. No stock values were everfiled wi...

Question

My CEO was given 2,160,000 shares of stock, in a company he founded,

for the total purchase of his company. No stock values were ever

filed with IRS. The stock was originally worth $2 per share. Is

there any way he can get a write-off for the enormous loss???

lewie white

Answer

The CEO needs a CPA or tax lawyer who can do tax planning, not a third party asking questions on the internet to lawyers who have no idea what the situation is.

in california, can a owner/operator of a hotel pay the housekeepers $3.00 per room instead of the state minimum wage of $8.00 per hour ?

Question

in california, can a owner/operator of a hotel pay the housekeepers $3.00 per room instead of the state minimum wage of $8.00 per hour ?

Answer

As long as the $3.00 an hour covered minimum wage and overtime, if worked, it can be done. For example, if you are cleaning at least 3 rooms per hour, you are meeting the minimum wage. But under no circumstances can the method of payment fall below state minimum wage. Make sure you are keeping an accurate record of all hours worked in case you need to prove you are not being paid correctly.

I have a question about "voluntary recalls" of consumer products across geographic jurisdictions. Let's say we have a US-based manufacturer ...

Question

I have a question about "voluntary recalls" of consumer products across geographic jurisdictions. Let's say we have a US-based manufacturer of a consumer product - this manufacturer issues a "voluntary recall" of that product because the European Union's European Commission announces that the product does not adhere to certain EU-specific safety regulations. Is the manufacturer only legally obligated to issue the recall in the EU, or does its obligation extend to the US as well?

Answer

It's not a legal obligation. However, the manufacturer is now aware of the defect. If it does not recall product in the US domestic market, then the manufacturer will be held liable in negligence instead of just strict product tort. Plaintiffs will seek punitive damages for knowingly continuing to market a known defective product. The company is unlikely to survive the following storm, as it will not have insurance for punitive damages, and the insurance companies are likely to cancel coverage at the first opportunity.

I have been raising my sisters kids on and off their whole life most recently,I have had them two years she is going through a divorce. Her ...

Question

I have been raising my sisters kids on and off their whole life most recently,I have had them two years she is going through a divorce. Her husband came and took his two for a little while when he found out the my sister left them with me and took off,however after 2 months my nephew told him that he didnt want to live with him that he wanted to come back to me he agreed to bring both of them back he now works out of state and I once agian have all the children together what can I do to make it perment without going through court,being that both parents left them in my custody willingly?

Answer

You have to get a court order to lock in custody. Use of a lawyer is recommended.

Answer

What you want can only be approved by a court. You probably need an attorney.

I could really use some help , need to know what to do about a situation I have thats very upseting . i co own a house with my sister, it wa...

Question

I could really use some help , need to know what to do about a situation I have thats very upseting . i co own a house with my sister, it was inherited fr

My grandparents when my grandma died, ok well 7 ywars agoy sister had seeious issues with her daighter and needed to send her to a school for troubled teens , it was costly so ahe aaked me if i would sign a papers to have the hpuse aa collateral so she could get a loan to pay the facilty , i was wary of doing it but wanted to help her and my niece and it dis help her , saved her life i live in the house she coes not and its paid for outright no mortgage npw of course it jas a loan on it , i am not on the loan , as part of the deal for the loan my sister has to keep taxes paid , which she has not , i have not got any compemsation fpr risking my home , she paid some taxes in the past but stopped paying i was not able to pay any taxes nor did i agree to , my question is she is threatening to not pay her payment on her loan what is my legal recourse . She got a 100,000 dollar loan on our co owned house i recieved none of that money , what are my rights ? Need advice asap . If i dont have this house i will be homeless , i have sporadic work not eough to pay my regular bills , myself and my mom and son will all be homeless pleqae help .

Answer

You obviously signed the loan papers. The house is collateral on the loan. You are probably on the hook for the money. You won't get any compensation for risking the home. You may be able to get a judgment against her but she may still not pay.

You need to get the taxes caught up. You could consult with a bankruptcy attorney to see if you could save house and get rid of the debt. If you don't pay on the loan, they will enforce the collateral...it really does not matter that you got nothing of the $100,000, you signed the collateral agreement/ loan papers. You probably should sit down attorney with you paperwork and see what can be done ...

Answer

You may have signed yourself off of title. No institutional lender that I am aware of will loan money with only one coowner's signature. I suggest you have an attorney thoroughly review the matter.

can trailerpark owner disconnect my power and water and move mobilehome without a court order or unlawfull detainer? then a third party sold...

Question

can trailerpark owner disconnect my power and water and move mobilehome without a court order or unlawfull detainer? then a third party sold my trailer to park owner illegally . all of my personal property was stolen i was incarcerated for 60 days.upon my release i returned to trailerpark and the park and attempted to make a police report and the park owner had private security run me off property i still havent been served with an eviction .am i a victim of unlawfull eviction

Answer

I think there is more to your story than you tell here. I suggest you speak privately with an attorney, as you do not mention whether or not the title to the mobilehome was originally in your name, you do not mention who the third party is, why you were incarcerated, and you do not mention whether or not you had a lease with the park.

How soon can i get a divorce when there has been an affair and a baby with that affair? And what are my rights as the wife?

Question

How soon can i get a divorce when there has been an affair and a baby with that affair? And what are my rights as the wife?

Answer

As far as your question about "how soon:" You can file the divorce on Monday morning. How long it takes to finalize the case depends on factors which are beyond your control.

There is a minimum waiting time of 60 days (by statute) between the time you file and the date of the final hearing. In other words, the minimum is 61 days.

In April we rented a house for rent. Planted flowers, had landscaping done for two hundred ,did some painting, Husband moved her grass for n...

Question

In April we rented a house for rent. Planted flowers, had landscaping done for two hundred ,did some painting, Husband moved her grass for nothing . We had a agreement at least one year to two years. Gave her first ,last and Security. Now Today she puts the property up for sale do we have any recourse. She told me to start looking. I am disabled.

Answer

I hope that your agreement was in writing.

A lease agreement must be honored by the purchaser and new homeowner. If the landlord wants you out, they must successfully allege a violation of your lease agreement or work something out with you.

A friend of mine lost her two children to dcf matter. she was then charged with child neglect with bodily harm. she went to prison for 15 mo...

Question

A friend of mine lost her two children to dcf matter. she was then charged with child neglect with bodily harm. she went to prison for 15 months. while in prison she had her third child. a case worker told her that the father did want the baby and guilt her into signing over her rights. and the same thing happened with the father. not the baby has passed away with the same heart defect as the brother. shouldn't they have tested him for this defect at birth? and what can she do about it?

Answer

Sorry to hear of her troubles. That said, you have no case.

I leased a new 2014 ford fusion, and the car broke down 3 days into me having it.there are only 65 miles on the vehicle, and the service dep...

Question

I leased a new 2014 ford fusion, and the car broke down 3 days into me having it.

there are only 65 miles on the vehicle, and the service department had my car for repair for 2 weeks and cannot find the problem. Can I take legal matters on the situation?

Answer

It depends how soon they find and fix it. Call me if you want to discuss further.

My husband had a vasectomy and now has ED(meds dont make it work). Can I sue for a lack of happiness(i'm 28 and we've got the rest of our li...

Question

My husband had a vasectomy and now has ED(meds dont make it work). Can I sue for a lack of happiness(i'm 28 and we've got the rest of our lives) ?

Note:We have medical docs from doctors stating the ED is due to the vasectomy

Answer

Yes. This is a malpractice case.

You need to find a good medical malpractice lawyer. Do this soon.

The company I work for pays on the 1st and 15th of the month. I have been with this company for a year. in that years time I have been paid ...

Question

The company I work for pays on the 1st and 15th of the month. I have been with this company for a year. in that years time I have been paid late 6 times. what can I do about this matter?

Answer

If you are saying you have not been paid all the money and wages due you, then you can file a lawsuit for unpaid compensation, interest and penalties, plus collect you attorney fees if you win the case in court. if serious about pursuing this, please contact me. It may be possible for your attorney to merely threaten such lawsuit to promptly collect all your money and more, without even having to litigate this.

I posted a photo of someone on a Craigslist ad as a joke. The problem is the persons photo I used is 16 and did it in the m4m casual encount...

Question

I posted a photo of someone on a Craigslist ad as a joke. The problem is the persons photo I used is 16 and did it in the m4m casual encounters section. After he said he got the police involved I told him it was me. What charges can be filed against me and he said he wouldn't press charges if I paid him $500 is that legal for him to do as well?

Answer

First, what he did was blackmail and is illegal. DO NOT pay anything until you speak to a criminal defense attorney. Whether you committed a crime will depend on a lot of things such as the nature of the picture used and if his personal contact info was given out.

My son was arrested for underage drinking and is on a pretrial diversion program in the state of Indiana. He just got arrested in the State ...

Question

My son was arrested for underage drinking and is on a pretrial diversion program in the state of Indiana. He just got arrested in the State of Florida and asked for a diversion program there too. The lady signed papers for him. Will he get into trouble in Indiana for breaking the first diversion program?

Answer

If they find out, yes, his Florida arrest is a violation of the Indiana diversion agreement.

In Florida, can an executor of an estate charge expensive restaurant bills - where he is obviously not dining alone- to the estate he is man...

Question

In Florida, can an executor of an estate charge expensive restaurant bills - where he is obviously not dining alone- to the estate he is managing. $155.00, $95.00, $147.00 ect...

Answer

No. The beneficiaries will be entitled to a court accounting where he must explain his expenses. The court can order reimbursement or other sanctions.

Answer

The Court requires an accounting and the Judge will review all charges. There are no executors in Florida, only personal representatives. I find it hard to believe the Court would approve dining charges routinely for any reason other than per diems associated with travel for the case

I am building a new home and want to ensure my contractor pays all sub-contractors, what form(s) can help me to ensure there are no liens fi...

Question

I am building a new home and want to ensure my contractor pays all sub-contractors, what form(s) can help me to ensure there are no liens filed?

Answer

You have several options to ensure subcontractors are paid and that no liens are filed. Although it does not guarantee the contractor will pay the subs, one way to ensure no liens are filed is to require the contractor to obtain a payment bond. When construction is done without a bond, your property is fair game for liens if the subs are not paid. You, as the owner, have a number of legal duties under Florida with which you must comply in order to maximize your legal protection from claims. For example, you may have to record and/or post a notice of commencement. In addition, prior to making payments to the contractor, you should determine that potential lienors have been paid to the extent of your payment to the contractor. This is usually done by obtaining releases of lien from all persons who have served notices to owner to the extent of the payment being made, a release of lien from the contractor to the extent of the payment being made, and an affidavit from the contractor prior to making partial payments to the effect that all potential lienors have been paid to the extent of the payment made. A similar procedure should be followed prior to making final payment. This is just the tip of the iceberg of the ways you can protect yourself. You should consult with an experienced construction attorney to learn more. Call me for free initial consultation.

My credit rating would have interfered with my spouse and I qualifying for a new home loan, so we were advised to apply using only my spouse...

Question

My credit rating would have interfered with my spouse and I qualifying for a new home loan, so we were advised to apply using only my spouse's income and credit rating. He qualified so the mortgage is only in his name as is the trust deed. We were told that after the close of escrow, we could go to the County and have my name added to the trust deed. My parents gifted us the down payment for this home purchase. Both my spouse and I work and we both contribute to the mortgage payment and monthly bills. We are separating - do I have any legal right to this house? We live in California. Over the years of owning this house( 3 years), we have procrastinated having my name added to the trust deed. Now that we are separating, my spouse is refusing to have my name added. Do I have any rights to this house under community property laws? Does the gifted down payment play any part? Thank you.

Answer

It does not not whose name it in in. It appears to be community property. I suspect based on the way you describe this your parents gifted the down payment yo both of you. The equity of the house should be split 50/50...

Answer

Names don't get added to a deed of trust. A deed of trust is the instrument that is security for the loan and would have been executed by the person purchasing the house. It seems that you mean title, which would be determined by a grant or quit claim deed.

There are many issues that are not clear from your post. Those issues include when the property was purchased, whether you executed a deed to your husband, and any other documents you may have executed such as prenuptial and post nuptial agreements.

I left my previous company and was sued civilly along with my current employer. The lawsuit is bs, but the recruiter who brought myself and ...

Question

I left my previous company and was sued civilly along with my current employer. The lawsuit is bs, but the recruiter who brought myself and another employee over verbally told us they would pay for our legal representation in all of this. They paid the filing fee as of now, but have been non committal on the attorney now. The company prepared all of our paperwork and gave it to us to file individually pro per with a denial across the board as it is all hearsay and false. The company is in the process of a buyout from one of their investors and I have a text from a few months ago saying "when the buyout is done then we can merge all together with our attorney". Does any of this legally show they are on the hook for our attorney fees?

Answer

No, and again your attorney should be handling this, not you.

In Illinois, does a quit claim deed automatically include right of survivorship or does that have to be specifically spelled out?

Question

In Illinois, does a quit claim deed automatically include right of survivorship or does that have to be specifically spelled out?

Answer

To create a Tenancy by the Entirety or a Joint Tenancy, specific language must be used. Otherwise, a Tenancy in Common is created, meaning each owns an undivided interest that does not automatically pass to the other by survivorship.

Answer

I am guessing you mean that the quit claim deed had two or more grantees. If that is the case, and there was no tenancy language, such as "joint tenants" or "tenants by the entirety," then then the owners took title as tenants in common. This means that if one of them dies, the survivor keeps his or her interest, and the interest of the owner who died would go to his or her heirs or devisees if there was a will. If there was only one owner, even if there was some sort of "right of survivorship" language, it is essentially meaningless (yes, I have seen this done). Your best bet, have a real estate attorney take a look at it and give you an answer.

In a divorce, is investing in a mutual fund considered an active or passive investment?

Question

In a divorce, is investing in a mutual fund considered an active or passive investment?

Answer

The answer may be 'it depends' - - this concern may depend upon the full facts of the individual case. Much detailed case law exists as to this legal issue. Assuming you face this legal issue, turn to your attorney and she/he will assist and advise you. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Law, http://dwyerlawfirm.net

How long does the executor of an estate have to settle a simple estate having just land in it and then give it over to the beneficiaries?

Question

How long does the executor of an estate have to settle a simple estate having just land in it and then give it over to the beneficiaries?

Answer

4 years from the date of death to probate the estate. However, the will can be probated as a muniment of title any time after death. See an attorney to review the will to determine which of these is appropriate.

i left a backpack on the side of the road that was a friends and unknowingly it had drugs in it can i get introuble?

Question

i left a backpack on the side of the road that was a friends and unknowingly it had drugs in it can i get introuble?

Answer

You need a lawyer, immediately. You may possibly be spending a long time in prison.

Answer

You know who your friends really are, and what they do, right? Yes, you do. Many people are in prison because they CHOOSE to hang around with those people. "It isn't mine" and "I didn't know there were drugs in there" are excuses the police hear all day, every day. Get a lawyer and if you manage to get out of this, make some big changes in your life.

My question is for California.My boyfriend and I got into an argument which resulted in me calling the police and filing domestic violence c...

Question

My question is for California.

My boyfriend and I got into an argument which resulted in me calling the police and filing domestic violence charges. The day it happened I had been drinking and the statement I had submitted is not accurate. My boyfriend has never put his hands on me and I made a huge mistake by filing charges. I realize that California takes domestic violence very seriously, and wittinesses often retract their statement which makes it extremely hard to have the charges dropped. This is a instance were false charges were submitted. What can be done to get the DA to drop the charges without incriminating myself?

Answer

For the past 21 years, we have been handling cases like yours, in an attempt to get charges NOT FILED. As a Former Deputy District Attorney, we know how the system works and how cases get filed. You need to find an experienced attorney who handles these cases on a regular basis. I wish you well........David

Answer

without incriminating myself?

Nothing, at least not without an attorney handling it properly.

Boyfriend's attorney can handle this, or you can hire your own.

His defense is YOUR confession to filing a false report, which is a crime. If you don't confess, it isn't a defense.

My sister in law is fasly accusing me of her giving me oral sex. She has no evidence and it's just her words. All of its not true. I would l...

Question

My sister in law is fasly accusing me of her giving me oral sex. She has no evidence and it's just her words. All of its not true. I would like to know what to do to protect myself and stop it before this goes any further?

Answer

Hire criminal defense attorney ASAP

Ralph 770.985.6773 (answered 24 x 7)

Answer

You don't necessarily have to hire a criminal lawyer now, unless the accusations have been made to law enforcement. Even then, had it happened and was consensual, you would not be charged with a crime. Finally, do you want the issue to die down and go away or blow up with some kind of legal action? You have not made it clear how the accusations are made, or what exactly you are worried about.

what rights do the members of the family have who are NOT appointed executor of the will?

Question

what rights do the members of the family have who are NOT appointed executor of the will?

Answer

They have the right ti an accounting by the executor: what were the assets at time of death, what funds came into the estate and what went out (funeral expenses, etc.).

DA is releasing my ex husband's seized vehicle to our minor child. What do I need to prove I can sign for minor child?

Question

DA is releasing my ex husband's seized vehicle to our minor child. What do I need to prove I can sign for minor child?

Answer

Probably just proof (birth certificate) that you are his mother, but ask them ahead of time.

I have been living with my girlfriend for 7 years no problems. up until now the office has not asked for a lease, now all of a sudden they a...

Question

I have been living with my girlfriend for 7 years no problems. up until now the office has not asked for a lease, now all of a sudden they asked me to fill out a lease and now am being told I need to move out due to the fact of not passing the background check

Answer

They can terminate your lease with appropriate notice.

My daughter is 18 and will be graduating May 2014 and living with my ex-wife. My ex-wife wants me to continue child support because my daugh...

Question

My daughter is 18 and will be graduating May 2014 and living with my ex-wife. My ex-wife wants me to continue child support because my daughter wants to attend state college. I would like to know if I am obligated by law? According to our divorce decree I am to pay child support until she graduates high school.

Answer

You are not legally obligated to continue child support past your daughter's high school graduation.

Answer

I concur with Mr. Buckley.

Answer

No, but I would think you would want her to go to college.

Answer

Agree with Mr. Buckley.

I am 62 years old and was recently fired. I was given a 3 month severance package and told because of this I could not file for unemployment...

Question

I am 62 years old and was recently fired. I was given a 3 month severance package and told because of this I could not file for unemployment benefits, is that true?

Answer

It is true for the three months they are paying you. After that, you should be eligible based in the state law. Check with unemployment to verify when you would be eligible.

What Do I Do?My Two Sister's and I was left a part of a estate, We all have the same equal amount of interested in the estate, I lived there...

Question

What Do I Do?

My Two Sister's and I was left a part of a estate, We all have the same equal amount of interested in the estate, I lived there for 13 years and had a life time estate, but one sister caught me out of town on work and moved in and moved me out, every time I go up there I have the law is called on me, What can I do to get my part out of the estate.

Answer

If you truly have a life estate, Monday morning you get a lawyer, file a lawsuit get your sister kicked out, and probably get signifuicant damages. Do not delay - you should start this the day it happened - NOT weeks or months later.

if you have DNA proving your the father do you still have to get child legitmized?

Question

if you have DNA proving your the father do you still have to get child legitmized?

Answer

DNA testing does not legitimize a child. If you want rights to see your child, you must legitimize your child, and you need an attorney for this.

Answer

Yes

Paternity and legitimation are different

If I leave my car with a mechanic and they park it in their parking lot overnight, and someone rear-ends my vehicle and leaves, who is respo...

Question

If I leave my car with a mechanic and they park it in their parking lot overnight, and someone rear-ends my vehicle and leaves, who is responsible for the damages? Is the repair shop responsible because they have "custody" of my vehicle, or am I responsible because it was in the parking lot of shop and they didn't actually cause the damage?

Answer

This actually might fall under the theory of "bailment." They should report it to their insurance carrier. Under bailment, there is a presumption of liability of the person who is holding goods in a bailment.

Sharon Campbell

can i make a website that takes advantage of movie character wardrobes.i.e.dresslike.com (a sample name) and then based on a movie character...

Question

can i make a website that takes advantage of movie character wardrobes.

i.e.

dresslike.com (a sample name)

and then based on a movie character dress like that character and your size make suggestions for purchase

will i be sued or asked to stop?

Answer

Only the person holding the copyrights can tell you whether they will sue you if they find you out.

I am wishing to emancipate in Virginia. I am 17, have a criminal record (its cleared now), and have the means to support myself but only if ...

Question

I am wishing to emancipate in Virginia. I am 17, have a criminal record (its cleared now), and have the means to support myself but only if I could live in another place. My family refuses to let me go and I don't want a social services investigation. How should I emancipate?

Answer

At age 17, I would recommend that you allow the whirling Earth in its rapid

course around the Sun to emancipate you in due course rather than attempt

to achieve it prematurely with your dubious record by way of the legal protocols of mere men.

California Family Law issue: I am in a Prop Per litigant. The transcript from the last hearing might be used as evidence at an upcoming hear...

Question

California Family Law issue: I am in a Prop Per litigant. The transcript from the last hearing might be used as evidence at an upcoming hearing next week. Opposing council has ordered the transcript, since there is a discrepancy of the Judge's last orders (at the last hearing). If opposing council has ordered the transcripts from the last hearing, and uses this is court, to be held next week, do I need to also get a copy of my own? Won't the Judge have a copy at the next hearing? Could opposing council re-write the last hearing's transcript? Will I be able to see the evidence, the transcript at the next hearing? Thank you.

Answer

The best approach would be to contact opposing counsel and agree to share the cost of the transcript so you can get your own copy.

Answer

I agree with Ms. Kock. The original transcript is sealed. So there would be no tampering unless someone wanted to go to Mission Impossible lengths to break into the court reporter's office, and change the original and all data files of it. You should, however, be prepared to address what was actually said. So you should have a copy ahead of time.

I would also add that there is almost never any good reason for a person to be pro per against an attorney on the other side in Family Court. The court has the power to allocate attorneys fees entirely based on relative financial condition. So if your ex-to-be can afford a lawyer, you should be able to afford one too - at the ex-to-be's expense if need be to make things fair. You really should talk to an attorney about whether they can take your case on affordable terms, including obtaining an order that the other party pay some or all of your fees.

My husband and I have legal guardianship over our adult daughter due to her mental illness and learning disabilities. She has given birth to...

Question

My husband and I have legal guardianship over our adult daughter due to her mental illness and learning disabilities. She has given birth to two babies by different men. We are raising her first child. She has a six month old second baby by a drug dealer who is now serving several years in prison. We have not been able to convince her to put the baby up for adoption. She is somewhat competent as a mother to the baby, there isn't any abuse or neglect, but she requires much help from us, as she cannot hold a job and is on disability and doesn't drive. We fear the future is grim as he gets older and parenting becomes more difficult, and we cannot raise another of her children. In addition, she continues to make poor decisions, such as taking on a new boyfriend who eventually got violent with her and has charges pending because he broke her arm. This is only a snapshot of her situation, but at first glance, the questions we have is does our having legal guardianship give us the power to take the baby and get him adopted without her consent?

Answer

No, I don't believe your guardianship status over your adult daughter would necessarily confer upon you the right to take her child and have it adopted without her consent (which would also necessarily involve the termination of her parental rights over this child).

You may wish to arrange for a consultation with an attorney who handles adoption matters in the Commonwealth to discuss this situation, but my sense is that you would likely need to obtain full custody of this second grandchild first before proceeding to have this child adopted out to someone unrelated to your family (and even then without your daughter's consent it may not be possible).

I live in NC and have been married a little less than 6 months. My husband is telling me that the house is in his name and that he wants me ...

Question

I live in NC and have been married a little less than 6 months. My husband is telling me that the house is in his name and that he wants me to get out. He bought the house in February and my daughter and I moved into the house with him in May. Since June I have been paying half of the house payment. Do I have to leave?

Answer

No.

Can an officer detain me and drive my car without my permission?

Question

Can an officer detain me and drive my car without my permission?

Answer

You don't give nearly enough information for that to be answered. Did the officer "drive your car" a few yards to make sure it was safely parked while he detained you? Or was the officer just using your car as his personal / family vehicle while you were in jail. One of those situation is probably a problem. But without more context to your question, that's the best answer I can give.

In Maryland if a person has a cash bond after FTA in child support court hearing and turns themselves in , how long do they spend in jail ? ...

Question

In Maryland if a person has a cash bond after FTA in child support court hearing and turns themselves in , how long do they spend in jail ? Is it until a court hearing or until the full amount is paid?

Answer

The bond is just that--once paid they are released pending the hearing. If they fail to appear, the bond is forfeited.

Is it legal to make contact with someone who had me arrested through a third party to have them to drop charges

Question

Is it legal to make contact with someone who had me arrested through a third party to have them to drop charges

Answer

First of all they can't drop charges. Only the prosecutor can. Second, doing so may be a crime of attempting to influence a witness. Before you get in more trouble, talk to your lawyer.

I was 15 minutes late to work today they obviously gave me some problems for that. But they let me work, some other guy shows up and they s...

Question

I was 15 minutes late to work today; they obviously gave me some problems for that. But they let me work, some other guy shows up and they send me home after working only 30 mins. Is that legal? I'm in illinois

Answer

If there is no work contract, collective bargaining agreement or other announced policies, procedures and/or protocols, Illinois is an "at will" state for employment purposes, and unless there was some illegal discrimination, normally there is nothing "illegal" about what apparently happened.

I am a psychotherapist and I signed an agreement stating that i cannot "take" my clients with me when I leave the practice. Is this binding?...

Question

I am a psychotherapist and I signed an agreement stating that i cannot "take" my clients with me when I leave the practice. Is this binding? Can I be taken to court over this?

Answer

Generally speaking, non-compete agreements are valid in the state of Connecticut, however such agreements need to be reasonable in scope. Unfortunately there is no way to assess your agreement without first reviewing it and the specifics of your past and future employment positions.

Such reviews should only take a few hours to do and therefore would generally be inexpensive. Please contact me at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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

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

In a situation of a dog bite. The bite took place in a public park the dog was on a leash, and the handler had stopped to give the dog water...

Question

In a situation of a dog bite. The bite took place in a public park the dog was on a leash, and the handler had stopped to give the dog water. A 2 year old ran from bleachers directly up to the dog, even as the handlers pulled the dog back. The bite was on the shoulder and did leave a mark but no puncture and no medical attention was given to the child. No attempt was made by the parents to stop or restrain the child in any way. The statement made after the bite by them was, "We have told him not to go up to strange dogs, maybe now he will learn." The dog was quarantined and evaluated. My question is could the parents be prosecuted for child endangerment? They made no effort to control the child and from their statement his is something the child is likely to do.

Answer

What is it that you're trying to accomplish? Are you trying to punish the parents for an unfortunate incident? If parents were prosecuted for child endangerment every time that their kid misbehaved, all parents would be in jail by now.

How many credit card companies can garnish your wages at one time?

Question

How many credit card companies can garnish your wages at one time?

Answer

Any judgment creditor can file a Writ of Garnishment and if you are not entitled to, and/or do not exercise, any exemptions, they will likely obtain some amount of garnishment, if your net income is sufficient. There is technically no limit on the number of garnishments that can be in place. However, the total of all garnishments can not exceed 25% of your net pay, if the debt is the result of a judgment.

Keep in mind, in Florida, the only way any entity (other than the IRS/Federal Govt) can garnish you wages is they must first obtain a judgment against you. Even then, you may be entitled to certain protections from garnishment by law.

Is Tommy good on ps3?

Is Tommy good on ps3?
no

Me and my boyfriend was charged with neglect of a 2chids yhe cop wrote the report and charged us we got caught stealing and are kids were wi...

Question

Me and my boyfriend was charged with neglect of a 2chids yhe cop wrote the report and charged us we got caught stealing and are kids were with us it was a mistake and it was his idea I dont want my kids taken from me please help me what is going to happen when I go to court

Answer

Check with one of the low cost legal services providers

in your area to see whether you might qualify for assistance

from one of their attorneys (would be my advice).

I won a Department of Industrial Relations case against a former employer who failed to pay me wages earned. The DIR obtained a Judgment for...

my x wife said that I needed to file a quit deed form for the house. that she got in the divorces which I did not contest, we were divorced ...

Question

my x wife said that I needed to file a quit deed form for the house. that she got in the divorces which I did not contest, we were divorced in 2010 its now 2014 I thought I signed everything under the sun. but just now this comes up 4 years later. the form is in the mail to me as we speak. I guess what I need to know is if she owns the house out right and was granted it in our divorces am I responsible for what she might have done , as far as loans taken out on the house? please help me to understand my rights in this matter

Answer

If you were required by the final judgment to execute the quit claim deed, you can still be required to do that. Ownership could not transfer by the final order alone, the quit claim deed was needed. You are not responsible for loans or stuff she has done. Although if your name is still on the property you could be responsible to third parties who get injured due to negligence. Review the deed with the divorce paperwork with an attorney to make sure you are protected.

I was arrested in California for possession of a controlled substance. When I went to court the judge told me that no charges had been filed...

Question

I was arrested in California for possession of a controlled substance. When I went to court the judge told me that no charges had been filed and I was free to go. Two weeks later I received a letter in the mail from the DA saying that chargers were now going to be filed and gave me a new court date. It also said that I needed to call the police department that arrested me to make an appointment for processing. This doesn't make sense because when they arrested me, they fingerprinted me twice. I was there for 2 hours before they took me to county jail. My question is, am I obligated to go back down to the police department for processing? It sounds to me like they must of made some mistakes. This is not to mention that they did an illegal search in the first place. Thank you for your advice.

Answer

You can probably skip the booking. When you go to court the judge may order you to be booked and you can tell the judge you have already been booked. Your best bet would be to hire a lawyer who will fight the search issue. If you cannot afford a lawyer the court will appoint one.

if i received a judge issued warrant and it says to come to police station to discuss options with detectives, and don't ignore it because a...

What are the release dates for Deathwish Movers - 2011 Deathwish Movers 1-4?

What are the release dates for Deathwish Movers - 2011 Deathwish Movers 1-4?
Deathwish Movers - 2011 Deathwish Movers 1-4 was released on:

USA: 6 April 2011

What is required for a mother to surrender parental rights and guardianship of a minor child to his adult brother in California?

Question

What is required for a mother to surrender parental rights and guardianship of a minor child to his adult brother in California?

Answer

The child's adult brother would have to adopt the minor child if you want a total surrender of parental rights. The father, if known, would have to be notified as well and given an opportunity to take the child.

What automatic oil can you use in 04 vectra 2.2 dti?

What automatic oil can you use in 04 vectra 2.2 dti?
I am unsure but you could call the dealer and ask them they should know. If not call any parts store and they can they'll you.

Hi, im an immigrant in Turkey and ill go to Canada by the next months (im Iranian and get visa with UNHCR). i want to marry with my fiance w...

Question

Hi, im an immigrant in Turkey and ill go to Canada by the next months (im Iranian and get visa with UNHCR). i want to marry with my fiance who is currently in Iran. he wants to apply for California university. now i want to know if he goes to California and i go to Canada. how is that possible for us to live together?! can i get a visa to live in america with him for 4years while he is taking his Phd (he will go with an international student visa) and in this while i apply for him to get his Canadian visa as my husband that we can go to canada after he takes his Phd if he couldnt find a job in america to take his greencard there?!

also im not sure what will happen for my Canadian citizenship if i wouldnt stay 4years of 6first years there.

its becoming so complicated and i dont know which way is best to choose!

Thanks alot if you can help.

Sadaf

Answer

If a person obtains an F-1 visa to study in the United States, only his spouse can obtain the F-2 visa.

A person can be petitioned by a U.S. employer for a "greencard", but he must maintain a valid, non-immigrant visa status in order to be able to remain in the United States while the entire process in pending (it's complicated; so I am oversimplifying).

If you are in the United States in non-immigrant visa status, nothing should happen to your Canadian citizenship.

What legal recourse does a condo timeshare corp. have regarding me not paying maintenance fees. My wife and I inherited three timeshares fro...

Question

What legal recourse does a condo timeshare corp. have regarding me not paying maintenance fees. My wife and I inherited three timeshares from her father-in-law about ten years ago. Our maintenance fees just kept rising, so when they reached fifteen hundred a year I gave one to my brother which he sold after four years and prior to the real "real estate market" crashing. Approx. three years ago I retired and could no longer afford the properties. I sat down and wrote the managing groups for the two remaining properties in North and South Carolina and offered to do a "deed in lieu". Since the properties were paid for by my father-in-law, I figured they would take them back but instead I simply got a phone call saying they were not interested and the bills kept coming. After a year plus of phone calls and monthly bills, the management corp. for one of the properties said they would take back the property and cancel all debt, the second and last would not. Last year VRI turned my debt at Fox Run Association in Lake Lure, N.C. over to Meridian Financial Services in Asheville N.C. (Collection Agency). I feel strongly that the collection agency is owned by the timeshare corporation and that this is another ploy to get me to pay. This past week I received my $1000. 00 bill for the year for a total of $2000.00. What are the legal ramifications for failure to pay this bill. This property is basically a boat anchor and the timeshare industry is in much worst condition than the home mortgage industry and home foreclosures are currently through the roof. This whole industry of timeshares just ticks me off but I do realize that indifference to the law falls somewhere close to ignorance. My credit has not been affected. Basically, I feel that because this last property is the oldest property, built in the late 70's, they can't sell them either. If it matters my home residence is in Florida.

Answer

You should have refused the inheritance.

how can a power of attorney be used by a spouse. it was intended to be used to pay bills. while my father was on his death bed the spouse wr...

Question

how can a power of attorney be used by a spouse. it was intended to be used to pay bills. while my father was on his death bed the spouse wrote a check to herself for the entire balance of his accounts in order to circumvent the will leaving everything to the children. do we have a case to recover the funds. what area of law should the attorney we need specialize in.

Answer

In the event that agent of the decedent (spouse) was not authorized to make gifts to herself, those gifts must be returned to the estate.

Please note that a testator (i.e. the person who makes a Will) cannot disinherit their spouse. Even if the testator's Will directs that everything is to be given to the children, the spouse is entitled to an "elective share" of the estate by law. This share is roughly fifty thousand dollars or, one third of the net estate. These amounts are subject to several adjustments pursuant to law. Please feel free to have the nominated executor of the estate contact me for a free consultation.

Answer

I have not seen the language of the POA, so I do not know what activity was authorized. If it was limited to general banking activity, John has a point. If it was very general, allowing her to do anything, it might be very difficult to upset what she has done, and proof beyond her just cleaning out the accounts may be necessary. I suggest a strong estate litigation attorney be used; one who has experience in these difficult cases. Estate litigation can be very costly and time consuming, so be prepared. The Will might be used to provide proof that her activity was not authorized. This may be important, especially if she was not the mother of the disinherited children.

I pay a software company to develop a software for my business and I didn't get what I asked for and now I want to know what are my legal ri...

Question

I pay a software company to develop a software for my business and I didn't get what I asked for and now I want to know what are my legal rights ? Or if I can get my money back?

Answer

This is a very fact based scenario and will require a proper understand of all the facts and circumstances. Basically, you are asserting that they breached your agreement. Was this a written agreement? If so, what does it say in contrast to what happened? If not, was there any history of dealing with your provider?

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

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

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

My wife has said she wants a divorce. I have been a stay at home approx 4 years while she went through school. I started school in Aug for ...

Question

My wife has said she wants a divorce. I have been a stay at home approx 4 years while she went through school. I started school in Aug for LVN and she announced in Sept she wanted a divorce. My wife said she will wait for my school to be over, also the time she will finish her masters program. She only works part time but used to pick up alot of shifts. She made 68k last year. In Sept. she immediately only worked her required 24hrs a week. She started charging her cards up and I was forced to sign a loan from her 401k to pay off her American express and put money down from taxes on the rest although she tried to stop my from putting any on my credit card. She ed that she isn't going to work more than she has to because she isn't going to give me a dime in alimony. Her pay should drop to maybe 35k this year about a 30k difference. We have two children. I still do all the cooking, make all meals while going to school 32 hrs a week and get up at 3am to study as it is hard with the children up.

Her master program at University of phoenix is one day a week class time.

We had a verbal agreement on laon that she would pick up hours and continuing paying the full amount on CC rather than the lower amount once she made the large payments, none of which as happened and has stated again that she will not pick on any time so as not to pay me more alimony.

What would I like is to be the primary caretaker, have the children 80% of the time, enough alimony and child support to survive. I plan to attend R.N school, have already completed all the pre-reqs, will take a year and do not want to lose the children during this time. I'm planning to try to find an attorney real soon and start proccedings, I had originally planned to wait until I completed my lvn in Dec but things are getting very bad and would rather not have the children exposed to it anymore.

Answer

You not filing and requesting support from her is doing nothing but giving her time to really stick it to you. Make an appointment ASAP. Many offer a free consultation, including myself.

I had to retire early from teaching because I lost my vision due to a cornea disease. I really need some sort of financial assistance but I ...

Question

I had to retire early from teaching because I lost my vision due to a cornea disease. I really need some sort of financial assistance but I contacted an attorney who told me that I was not eligible because I did not pay into Social Security the three years before I lost my vision. This doesn't make sense . SSI isn't even from social security it comes from a different entity and I have read and been told that whether or not you paid into social security has nothing at all to do with whether or not you can collect SSI. Please somebody.....this is not fair. I lose my vision completely...if that wasn't enough, and then I get denied SSI because I am a career teacher? Come on now! I need an attorney who can help me navigate through this.

Answer

Teachers generally do not pay into Social Security. Instead, they use a separate system CALSTRS. You can check about State Disability which you might be eligible for. Also you should contact your union and find out what benefits to which you might be entitled. And, it's possible that you may have a workers compensation claim if the corneal disease was worsened by the work you were doing.

Good luck!

When filling out college applications, if you had a conviction when you were a minor and it was expunged, do you have to mark yes when they ...

Question

When filling out college applications, if you had a conviction when you were a minor and it was expunged, do you have to mark yes when they ask you if you were convicted of anything?

Answer

It probably depends on how they word it. Juvenile convictions are classified as adjudications. Essentially its the same thing as a conviction just different terminology. It's better to be honest and upfront about it than for the college to find out about it another way. Then they will penalize you for lying.

Answer

I agree with the earlier answer that honest is the better policy. But if an adult conviction or a juvenile adjudication was expunged (Michigan calls that "setting aside a conviction/adjudication"), then in the eyes of the law he is deemed to have never been convicted of the matter. The slate was wiped clean for that matter. One of the purposes of that process is to allow people who have demonstrated sustained rehabilitation the ability to honestly check "No" to that box. Before you check that box, run your own criminal record to see what a school or employer might see, and see if the expunged matter is viewable. Go to the Michigan State Police web site (www.michigan.gov/msp ... I think) and click on the i-Chat link to order a Michigan criminal history for a $10 credit card fee. It should include juvie matters too. If you can see it still, go to the juvie court to straighten out the discrepancy. If it truly was ordered to be set aside then the court has to send info to MSP to take it off the publicly viewable criminal history database. THEN you can have some assurance that the people reviewing the application won't see something they shouldn't have been seeing, and you can check "No".

Do you have to take representation with you to a court ordered mediation? Thereis a jury trial to take place afterwards. Can I just go by my...

Question

Do you have to take representation with you to a court ordered mediation? There

is a jury trial to take place afterwards. Can I just go by my self to save money

for the mediation? When I went to the guys deposition, he was just making up stuff, saying money was owed to them, with no proof. So, couldn't one just go to a court ordered mediation by one's self without representation? Thank you.

Answer

It is always better to have competent counsel with you at any Court ordered event.

Answer

Your can represent yourself as long as you are not a corporation.

Scott Behren

Ive been in the service for 5yrs and got 3 weeks left currently going through some ptsd and work related depression and recently popped for ...

Question

Ive been in the service for 5yrs and got 3 weeks left currently going through some ptsd and work related depression and recently popped for methamphetamine, currently I'm taking Zoloft, trazadone, Effexor in the past I was taking Wellbutrin and phentermine all this is in my record my command wanted to do a court martial... I have no idea what's my next step....

Answer

This has been happening a lot lately. http://www.stripes.com/critics-fort-carson-policy-targeted-troubled-wounded-soldiers-1.160871

I think a court-martial is too much if you've deployed and have been diagnosed with having PTSD. Normally, a one time positive UA is handled with an Article 15 and possibly a Chapter 14. They are probably preferring charges, so they can then offer you a Chapter 10 and separate you more quickly. You should be given the opportunity to get a MED board.

Steve

Stephen P. Karns

Attorney at Law

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Answer

Usually this type of case does not go to a court-martial and is handled at a lower level. However, although it seems harsh, you should anticipate a court-martial and discuss your case with a defense counsel who can inform you of your options. It may be that the command really does not want to take this to a court-martial, but is using this as leverage to try to get you to agree to something they really want (discharge, waivers, etc). If you are consulting with an attorney, you can be better informed as to your options and whether to accept or reject any offers they may make. You should also be seeking medical treatment for any and all issues you may have and make sure you have a complete list of all meds you have been taking to see if they could account for the urinalysis result. You should also push for a medical board to assess your medical condition and issues.

There are a lot of potential issues and only an attorney competent in military cases can fully advise you about what you should do. You can speak to someone from TDS or a civilian who has military experience, but make sure they have experience not only with courts-martial and discharge proceedings, but also PEB issues.

I hope this has helped. Please feel free to contact me directly at [email protected]/* */ or (757) 420-9321 if you have any additional questions.