How can a construction company protect itself from out of pocket expenses/How much additional cost can a construction company add to a contracted price (for "Unforeseen Changes") on a job before needing to issue a change order?
You need to retain an attorney so they can draft a solid agreement that can provide the terms related to expenses and scope of changes allowed.
My mother is disabled and lives with me so that I can help to take care of her. We live on family owned land and have been given until July 28, 2014 to move, because our family is selling the land. I found a house for rent, just down the street from where we live now. After speaking with the property owner and being shown the house, both myself and my mother filled out the rental application and paid the $20 non-refundable app. fee. This was 2 weeks ago. The man has since said that he has drawn up the contract for us to move in, but that the air conditioning unit needed to be fixed before we moved in and that he would contact us when he knew something. After not hearing from him for a couple of days, I called him yesterday (7/3/14) and asked if he had heard anything, because we are on a very tight time-limit and time is almost up. He then said that he had told us that he would get in touch with us when he knew something and that he was getting aggravated and that he would mail us our $20 back and we could find somewhere else to live. Now that he has taken his time and wasted two weeks that we needed to be using to move, we are literally almost out of time before we must move off of the land where we currently reside. Is there anything we can do to still get into this house, as he made a verbal agreement with the two of us, and has already drawn up the paperwork, even though we have not signed anything?
It would take more time and money chasing a (most likely) losing battle, and why would you want him as a landlord anyway? Look for another place.
My son, Mike is paying for a rent to own mobile home. Total price was 13,900. not including land. Paid $2000. down, financed $11.900. He is being charged 40 percent interest by the owner of the Nelsen Construction Co. who is the seller, and Mike is paying directly to Mr. Nelsen. Is this rate legal? The interest rate was not clearly stated.
thank you,
Marilyn S.
No, that rate is illegal. He needs to speak to an attorney ASAP. I HATE rent to own deals because they rarely go well, but the illegal interest may have given him some leverage, get him to an attorney ASAP. I have seen many of these cases and you have to get to work early to make it turn out favorably.
Hi there,
I have read A lot of posts but have been unable to find anything similar to my situation.
I live in NY State and I am well aware that laws vary by state.
After four miserable years in and out of court in regards to my 5 year old daughter, her father has vocalized that he wishes to give up his parental rights to her.
I currently have sole custody.
He has visitation but has refused to see her, call her, or have any contact with her.
He does pay child support. He is behind but does make minimum payments.
He had documented psychological issues, including a suicide attempt a few years back.
He is now a convicted felon, unrelated to the custody.
I do agree that it would be best that he relenquishes his parental rights.
I would forgo child support.
The issue I am having is I have been told in NY State that unless another man is willing to be an adoptive parent then the judge will not entertain the request.
I have no intentions of remarrying or seeking out a "substitute" father for my daughter. I am happy single.
Anyone with any NY State advise? Please help...
You were properly advised. The fear is that he relinquishes his rights, he stops paying child support, and you seek welfare payments or some other type of support at the taxpayers' expense.
An alternative to terminating his parental rights is to terminate his visitation based on this mental issues and felony. A judge may terminate his visitation or order supervised visitation (depending on the extent of his mental disability and type of felony). This new order would not relieve him from paying child support.
To get started, you have to file a petition to modify the child custody/visitation order. You should think about hiring an attorney to handle this case.
LICENSED IN NEW YORK
[email protected]/* */
I am going thru a divorce and I was a victim of domestic violence when I left after a confrontation I left my children with my spouse because I didn't have the means to provide a home for them now with the divorce he wants full custody I don't want to give him full custody what happens in Texas with this circumstance
"What happens in Texas" depends on what your Judge thinks, after he's heard all the evidence.
"Custody" of the children is decided based on what's in their best interest.
My brother and I inherited my mother's home in Florida. She had an enhance life estate deed stating that the property will go to my brother and I for life and then to our heirs. We are trying to sell the home and the title company is having an issue because our heirs were not named. I am confused because me and my brother are still alive- the deed has our names on it with life estate next to them...why does it matter who our heirs are and what do we have to do to get this house sold?
Seek the help of an attorney. You can only technically sell your life estates as your heirs remain entitled to the remainder interest. Those heirs would need to join in the conveyance.
You definitely need to seek legal counsel with this issue. An experienced Real Estate and/or probate attorney should be able to assist you. The problem you are experiencing results from you and your brother ONLY having a life estate in the property. That means you do not have legal right to dispose of the property. Your only rights are possession during your lifetime.
In a criminal trial the witnesses refuse to give depositions to public defender and the state attorney, the what is the likelihood
That they will not show up to pretrial and jury trial. How does that effect the outcome of the trial in the eyes of the judge and jury?
Well if they are under subpoena they are required to show up and the judge can put them in custody if they refuse. The jury can absolutely consider the lack of witness testimony but it's impact on outcome depends on how important their testimony is.
dismissed case case
my daughter was caught shoplifting and she was over 18, she only received a ticket and was not arrested, her case was dismissed at court without any other provisiobs will the dismissed case show up in her record?
Re: dismissed case case
The arrest and dismissal will show up in her record. However, if the case was dismissed she has a right to have the arrest and dismissal removed from her record. You will need a criminal defense attorney to assist you.
I'm 19 and I was arrested for DUi Marijuana but not convicted of the DUi. Does my license still get suspended and am i reqiired to have a baid device?
Yes, if under the statutory summary suspension law. Why didn't you fight the suspension as well?
I live in Jackson County Missouri and am going through a divorce and child custody battle. I have three months until the court date and have recently fired my lawyer. I found out she was friends with my ex-wife's lawyer and was not only sharing all the information from the case we were building, but also intentionally sabotaged me by never showing up to the mediation and didnt call me back for two weeks.
By reading online I have determined that the actions my ex has been taking, she is dictating everything between my child and I. I have come to understand that I have equal legal rights over my child as she does, but I have been listening to her demands in fear of her either not letting me see my kid until the court ruling or that if I didn't, it would look bad on me in court. But seeing my own flesh and blood 6 days a month is just not cutting it for me.
I want legal custody and joint physical custody in the end. And I know that I can prove myself better as a parent than her. Not that she is an unworthy mother, but I need to show the judge that I can make better decisions for my child.
My question is, now that she has put these restrictions on me, and making large decisions without my knowledge or consent (enrolled my 2 year old in daycare and wouldn't let me know the name of the school), would it me in my best interest to retort in the same ways but more "aggressively", so to speak?
When she gives him to me next, I want to keep him for 6 weeks and then give him back to her for 6 weeks. Now when she notices I'm taking over as the person dictating what he will be allowed to do, she will not give him back to me until the court date. She wants legal custody just as I do. What I want to show to the court is that not only will I not accept not being his parent (I don't want to be the guy he just visits two weekends a month), but that I am capable of making better decisions for him. That I want him to be a part of his mothers life as well, and that she hasn't let me see him for the month and a half before the court date.
I want to pay for better health insurance for him. I want to enroll him in a better daycare than she has enrolled him in. I want to change his diapers. I want to feed him everyday. I want to show that I can be a dad and a father.
Will keeping him for six weeks and then letting her keep him for six weeks look bad on me in court? I don't want to take him from her for that long, but if I don't do exactly what she says, she will keep him from me until the court date.
For example, even though she dictated what weekend I get to see him (not even a full weekend, I have to take him back at night and pick him up in the morning) last weekend she kept him from me because I did not give her a 48 hour notice that I'd be picking him up on the weekend she said she would let me see him.
There has been no ruling yet. I am his father and I'm done being walked all over and I'm done letting her use my child as a weapon against me.
Please help me.
Your case is very complex. Is there an existing PDL (in the interim) order? If so it controls what the parties may do. You need to hire the best family lawyer you can afford. You need to treat this a legalized warfare and carefully plan the steps you are going to take. You do not want to take a step that the court would view unfavorably and then use it as a basis for ruling against you.
if some one lives with you for a while but moves out and tries to demand to stay longer but they not on the lease is it illegal to refuse them
Further facts would need to be known for an attorney to provide a legal opinion. The Minnesota Attorney General website provides helpful materials. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Landlord Tenant Attorney, http://dwyerlawfirm.net
Do you need to get a lawyer to obtain a letter of office?
No, but it is not a simple process. There are many steps to obtaining the letters. It is best to use an attorney.
I was wondering if I have a case? About a month ago I took my 3 year old daughter to an ER where they did a urine test for a UTI. The test came back clean so without even examining her they diagnosed her with a yeast infection. And when I say never examined her no doctor ever touched her. Told us to give her a topical cream. After a few days of not improving we took her to an urgent care where she was diagnosed as being constipated and backed right up. We were told that if the ER doctor had bothered to examine her she would have been diagnosed properly and would have been treated sooner. I contacted the ER and was told that after reviewing her chart they came to the conclusion that she had received appropriated treatment.
Perhaps this is medical malpractice, but the big issue here is what damages have been suffered by your daughter. As bad as additional days of discomfort are, especially to an infant, unless there's significant and lasting damage, she won't have a successful medical malpractice claim.
Wrongfully Discharged from work with Dicrimination.
Fired from work : when out of country for 4 weeks vaction , while on the way.
Employment History:
My wife 36 years AMerican Women with 2 Kids (Asian Origin) Joined US bank August 11 2011 as Fulltime Employee 70K a year.
Jon O. was manager during that time, Average Rating for her was 3 out of 5
Traivs Bacame Manager in between and he has shown micro management and Racist and Racial activities in between in different situation with Micro Managment , my wife offened couple of time not to take Race and Gender at work personally , since she think he is good friend and 1st time manager he need to learn lot from outside culture and race.
March 2014 my wife asked for 4 weeks vacation to Nepal (which she also mentioned before the join the US bank back in 2011),
US Bank approved vacation from June 11 2014 to July 11 2014. Reporting to US bank on July 14th.
We went Nepal with Kids (5 Family Members).
June 9th Nisha Sent email to Jon O. (VP of the Depatment who is also Travis Boss) in Company email address, because she didn't have access to company email and Travis email adress, saying "because of some issue in Nepal (Kids Health), she will land on July 15th and join the compnay on July 16th.
We landed Miami on July 15th around 4 PM. Called and TXT to Travis stating: " safely landed will be work on tomorrow (July 16th monrning)
Travis sent txt stating : No need to come to work tomorrow (we initially thought he thought we are tired and she can work from home) , how nice of him and US Bank, since they care about the employe who went for quality time with relatives and friends after 3.5 years of hard work.
July 16th morning 6:30 AM Nisha tried to VPN (connect to work form home ) and login to her work. Not able to login and called US Bank Help Desk spend 30 minutes and finally told her all account was locked.
Nisha called Travis 8 AM , Texted : no reply , 11 AM US bank called and told she got teminated because not showed up 2 days. She mentioned she emailed to Jon O stating forward email to Travis and Mary (VP of Dept) and this is her 2 days only.
Same Day US Bank sent mail stating she was absent for 2 days and Terminated from her work with out any benefit.
This case invloves Dicrimination Against :
1. Race : She was only lady working under travis and he always mentioned if he can have only WHite men under him.
He hired 2 other White guys under him from his previous work without Interviewing other Race and Sex.
In couple of incident Jon and Travis used to say my wifes is far better than Other Chinease Ladies in the other group.
And more ...
Travis used to say how hard is it to work with Racial and how much he hated his bosses from Pakisthan, Brazil, Nepal and India , Iran on his previous work, jokingly he used to say if he can have only White you guy in his work.
He used to even hate and make complains and racial work for Project Manager White lady (joyce) and used to say other project manager us gay like figure and used make joke out of him (Mark).
2.Gender : Travis and Jon mentined he hated other Women at the Work on couple of incident in meeting, how unproductive they are becuase of thier family and kids. He used to take explanation each time Nisha has Dr. APpointment since our Daughter Kavya has some medical situation.
3. Religion: We went for Hindu wedding and travis had uses and used to say he hated this long wedding.
4. Unfair act US Bank didn't see loyalty of employee after 3.5 years of service, is there any Warning before since Nisha was awarded some gift just a month before her Vacation and excited to come back to work.
How come all US Bank employee trust thier employer on their Bad situation, after 3.5 years of Fulltime Service (50+ Hours of work) please track all the Hours she was logged in her computer/Network,
5. Why didn't Jon O forwared email to Mary and Traivs . Did Jon O. read his messsage and comunitaed to Travis (US Bank can tracks all emails/communication between Travis and Jon and Mary) , this seems all Intentional and without any Warnings , this is totall RACE issue.
6. If people goes to cruise , long vacation , anything can happen were all the People from Malasian Airlines already got fired from work , since they have not reported to work. I have always heard since I joined US Bank we are family, if your wife flying from overseas not land on time because of travle issue , you investigate and find out about her OR just file divorse.
This is insane.
--NOTE since most of employee from US Bank knows she is out and called her for her for her injustice after this act from US Bank.
FIrst; you should immediately file for Unemployment Benefits , if you have not already done so.
Second, write down all communications you have had with Employer before and after termination, and assemble any writtten communications you had with them ( Emails, Contracts, Employee Handbook etc.)
Third, call or email me for free conference to discuss certain aspects of your potential wrongful termination claim. We may want to pursue EEOC or MN Human Rights Act claims, in addition to MN District Court action.
I am based downtown Minneapolis, but also work in Eden Prairie area and can meet you where convenient, perhaps in Shakopee.
starting dissolution process, spouse has new girlfriend. he works 5-6 nights a week & wants shared custody. he wants new girlfriend as caregiver while he works. I'm in dissagreement, Do I have a choice?
You can refuse to agree to the dissolution terms and instead ask that the court decide, via divorce trial. You do have a reasonable position: that if someone other than your ex husband is going to take care of your children for those periods, you might as well be given custody during those times instead. I expect that the main reason he is asking for this is to reduce his child support instead of to provide for the best interests of the children.
My nephew died in february and we was told the m.e.n. Ruled homicide but they never took my niece or her boyfriend to jail they continued to call them in to tell the story... Now its bout to be three months later n come to find out there final report of his death isnt in but they still want to question them! My niece boyfriend went and made a statement to the dectective and they gave him a plea bargain and he refused so they took him to jail.... What do u think is going on?
The State does not generally lock someone up unless it has good cause to do so. It might be mistaken in doing so; but much more information is needed before an attorney can give you something definitive.
Does consumer's energy have the right to add my fiancee's old bill onto mine? We have been paying on this bill for close to 6 months now, however, he recently lost his job. Because of this, they forced us to pay $1500, which was a "pay off amount," or they were going to shut our power off. We had to borrow all that money from my family and now they are saying that somehow we owe another $900 and if we don't pay they are going to turn the electricity off now.. Is any of this legal?
Probably not - this is a scam they pull on customers - they will add on a person's old balance if that person is residing with you, saying they are "benefiting" from the service. Most people don't realize that it's generally not legal or proper, and they don't fight it, so they get stuck with the bill, which is why Consumers Energy continues to do this. I just went through this for someone else.
For example, husband and wife live in a house. CE bill is in husband's name only and it's 6 months past due. Husband dies or is otherwise uncollectible. Wife moves to a new residence and starts CE service in her name on a new account. Suddenly, the old balance from her old residence is added on, and CE says it's because she lived at the prior residence and "benefited" from CE's services.
What if she didn't live at the old residence, or live there the entire time? Even if you can prove that, CE will still give you the runaround. CE has gotten much more creative the past few years because so many people are unable to pay their bills, or will have a bill in one person's name, and then switch it to a roommate's name when it gets too far behind.
The bottom line is that unless the account is in your name, you did not agree to pay for service from CE. I don't care if you benefited or not - that reasoning is absolute BS and CE only gets away with it because people aren't aware of their rights or can't afford to obtain legal advice. Fight it immediately - put your dispute in writing. Send them dispute letters every two weeks and call them until they take that balance off. There is no legal obligation by a non-account holder to pay a bill.
If you think about it, it truly does not make any sense and is a scam. If this was legal, then other creditors could do the same thing. A credit card company could try to charge the non-account holder with the outstanding balance, saying "well you had dinners with this person and therefore benefited from the amount charged on the card." What?? That's madness.
I can't express to you enough to fight it, and keep fighting. It will take months and they will give you stupid answers and ignore you. I'd also write a letter to the Attorney General's Office and the BBB. The more complaints they get, the higher chance we stand of them doing something about this and stopping CE from doing this to people.
CE's Lansing office's billing department fax number is 616.530.4013. Tell everyone!!
Good luck.
Does successor trustor of living trust need to file an affidavit terminating joint tenancy or an affidavit of death upon the death of other trustor?
If the trustors are also the primary trustees and the title of the asset is held in the name of the trust, only, there should be no need to provide notice to the asset holder of the death of one of the trustors/trustees. Since the surviving trustee (under normal circumstances) retains full authority over and benefits of the assets after death of the co-trustor/co-trustee, there really should be no need. If there is some factual circumstance demanding that the occurrence of death of one of the parties be noticed to an asset holder or other entity, it is a simple enough thing to do. A letter of explanation, accompanied by a copy of the death certificate and of the Summary of Trust or Abstract of Trust from the estate plan package should be all that is necessary to accomplish this task.
Nevada Revised Statute 164.025 provides, in relevant part:
1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice ... and mail a copy of the notice to known or readily ascertainable creditors.
This statute provides for creditors to be notified so they are compelled to make a claim on an individual's trust or lose the right to so pursue their debt. Generally, this is done prior to disbursement of the trust assets to avoid any unknown claims arising, but such is not so vital if a co-trustee/co-beneficiary of the trust survives and has full access to all trust assets.
Now, it could be there is specific language or circumstances provided in the trust that makes it necessary to provide such notice, so if you have a question remaining, it would be prudent to have a knowledgeable estate planning attorney review the trust documents and advise you on what steps must be taken to remain in compliance with the law.
I'm being charged with aggravated assault with a deadly weapon(lvl7 felony), and my appointed free lawyer today got upset that I declined the plea deal. Then proceeded to tell the prosecutor in front of me that she was upset that I turned the deal down. My court appointed lawyer has also failed to collect all evidence, including pages of search warrants and audio from interrogations. Do I have anything I am able to do?
Hire private counsel
I am us citizen and my daughter is in india . she is divorced and has one son living with her. I already apply her by filing i-130 petition still it will take more than 3 years. My question is that if i requested to immigration department with writing mercy letter which shows her worst condition then rhe immigration department can give us visa or not ? is there any possibilty or not ? i am so worried about her because only she us in india and nobody helping her there.
No, you unfortunately need to wait for the priority date to become current. F2B for India is 11/01/2007.
She should explore her non-immigrant visa options, if any, if she wants to come to the U.S. now.
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
My grandmother that i reside with had a heart attack. her son, my uncle, is trying to get me to move out. how long do i have legally?
Before you submit to his request, you should determine under what authority he is asking you to move out. In other words, who is he to make you move out from your home which your grandmother let you stay. ??
I bought property that I no longer con make payments on. If the owner forcloses will I be responsible for his legal costs of forclosure?
Read your note and mortgage. Probably yes.
I agree with David. Both usually require the borrower pay all legal fees whenever there is a default in payment.
Can an "All Sales Final" purchase be cancelled for a full refund within 72 hours?
I purchased some furniture yesterday afternoon, then for reasons I won't go into, cancelled the purchase this morning. The furniture was a floor sample and by the time I cancelled, had already been packaged and sent to the warehouse awaiting delivery next week.
The store refunded the purchase price, but since it had left the store and would now have to be brought back, they would not refund the delivery fee. They said they didn't have to refund anything since it was an "All Sales Final" transaction which I was aware of.
Thank you very much.
There is no such 72 hour cancellation right for any contract. The 72 hour period does apply to financing arrangements, but not the underlying purchase. Your written sales agreement controls.
If my now ex husband is not getting his kids on the weekends as he is suppose to what can the family courts do?
Nothing. The courts cannot make his exercise his visitation.
Sometimes some courts will raise his child support since you are feeding them 100% of the time. In order to do modify his child support, you can only go back to court once a year unless it's an emergency.
My wife and myself live in a condo that was paid for by my wife's mother, and we have been paying her back biweekly. My mother in law keeps trying to change the amount we should give her each month, since we have no written agreement. She has been threatening to take us to court if we don't acquiesce. We have been paying for the taxes, insurance, and association fees since the condo was purchased. In addition, my wife's name is also on the deed as a joint tenant. Does my mother in law have any case against us?
What does your wife want to do about this? Start WW3? The most logical answer would be to draw up papers -- the fact that you have proof of some kind of deal with your mother-in-law is helpful but not as good as a signed agreement that everybody knows what his and her rights and responsibilities are. If your mother-in-law and your wife are on title, then you actually have a better position if you are paying 100% of the owner responsibilities (taxes, insurance, HOA dues, utilities). But if you have been paying her odd or inconsistent amounts at her demand, you may have done your position some harm. Get an attorney involved; so far the DIY apparently has not worked.
I am getting divorced. I was served papers and I need to respond. I know what I want to change how do I change and respond?
You need to file a written Answer with the Clerk of Court within 20 days and send a copy to your spouse or their attorney. In the Answer, you need to admit or deny the allegations made in the petition. At this point, you are not required to change anything.
Your best bet is to contact a family law attorney in your area to discuss your options, especially if there are going to be issues that will be in dispute.
You have to put in writing what you want and file it with the court. Contact my office for free consultation 717-446-7659.
Is it legal for a company to require a commission based employee to pay back their own training hours? I recently started selling cars, and the first 2 weeks you are in a classroom unable to sell/make commission. How can they take my commission from the last 2 weeks of the month to pay back my training? They are getting away with training their employees for free.
This is completely unlawful.
Can a landlord be held financially responsible for a tenant that violates a village ordinance? Specifically, if the tenant is told to remove a barbecue grill from a balcony...does so, but then puts it back, is the landlord responsible for the fine?
Depends on how the ordinance is written and whether it makes the own liable.
One of my friends would come over and help work on my house, some times we would pay him. He always wanted to be paid in cash. One night we drank way to much and got in an argument over not giving him a tip. He ended up giving me a black eye. I took him to court for assault, He was found not guilty. He now is suing me for everything he has ever done and some. He even has friend of his that will say they witnessed a verbal agreement. This is a bitter person trying to make me payout money I don't owe him. Can he win?
He shouldn't win, but he can. If the jury believes him and his witness instead of you, then they will rule in his favor.
You should get a lawyer to represent you if at all possible. If you can't afford that, at least hire one to advise you, review your papers and help you prepare for court. There may be ways to discredit his testimony and his friend's; a lawyer can help you do that.
Good luck.
Good morning
Filed bk personal in 2012
Dept treasury put me on collection agency on my corp c
I am dissolving my corp c right now
Will it solve problem?
There are too many variables to say for sure. I would need to know more information about the taxes due to assess whether your personal bankruptcy discharged your personal liability for the taxes. However, in all probability, no, the tax debt would not be solved and you are more likely than not personally liable for them.
My F-1 OPT expires in February 2015, My employer is filing my H1-B on April 1st, 2014. Can I change my H1-B start date to February, 2015.
Yes.
I own a small business in a plaza with one other tenant. Recently, the other tenant moved my street facing signs without my consent. Is that legal?
Suggest that you talk to your landlord. And read your lease to see what it says about signage. It is certainly very odd that another tenant would move your sign without any notice to you even if he had the landlord's consent and authority to do it.
If you violate probation in Martin County do you wait for court date or do you still have to report to same probation officer?
I don't handle Martin county, but I would suggest you talk to your probation officer and ask them.
my friend went to california to deal with partents both passed away about a month apart. both sisters kind of stuck my friend with dealing with partents that passed away and dealing with the bills and the house now. now my girl is stuck in callifornia dealing with this crap that really isn't her responsiblity. she wants back to new york but she needs to sell the house that isn't in her name. she's having trouble gettting it in her name because her mom named one of the sisters that has no intention of manking contact. looking for some help if can help me and her aim in the right direction i kind of want her back in her new home in new york not in california she left in feb now it is july. can u please help me on some right direction steps so she can get out of there and sell the house. thank you please e-mail me at [email protected]/* */ thank you
She will need a CA attorney to probate the estates.
Hello,
Looking to add my parents to my home deed (no mortgages). Once added, my parents plan on taking out a home equity line of credit in their name only. My credit score is not high enough yet (just graduated college).
If we do Tenants in Common, will my parents be able to take out a line of credit for only their percentage of ownership?
What about Joint Tenants with Rights to Survivorship?
Looking to take out the full 80% value of the house as an equity loan, just not sure which way would likely be better.
Any advice is greatly appreciated!
You need to contact an attorney. You likely will not be able to obtain a loan on their interest in the property alone as tenants in common or as joint tenants with survivorship. You will have to execute the documents also. Seek some legal help.
I co-signed for furniture at Rooms-to-go a few years ago. This was for my sister, and I never thought about it again. Today I checked my credit report and find that she has been delinquent to the point that the account has been closed. When I checked the balance, I find that she bought additional furniture that was added to the balance.
#1 I did not sign for the second set of charges - but it was added to my debt balance.
#2 I was never contacted to let me know payments were not being made.
This is the ONLY bad mark I have on my credit, but it is really draging my score down. Is there any way I can have it removed from my credit and just show up on hers?
We have a question: Was there anything in the agreement (it may have been a "revolving credit" situation rather than a one-time purchase) that would make you liable for subsequent purchases?
This will make a difference in whether or not you are liable for the more recent charges.
The bottom line is: this creditor has no incentive to let one of two debtors off the hook. A debt with TWO people liable for it is at least twice as collectible as a debt with only ONE person liable.
There is no such thing as "having bad credit items removed" from a credit bureau report. The reason that creditors pay to belong to a credit reporting service is that the credit reporting service will tell them the truth - what has been paid and what hasn't been paid, and who hasn't paid.
When you signed on as a co-borrower (ALWAYS a bad idea), you took on this debt.
A suggestion: Contact the creditor, tell them what you told me, and see if they will give you a break - maybe let you pay 60 cents on the dollar, cash, with the agreement that they will cancel this revolving credit account.
I have litigated against a group two times, now is the start of the third case.
Each time I contact the defendant's attorney to notify her of the case she tells me that "she needs to check with the defendant to see if she is authorized to accept on defentants behalf".
My question is considering that she has accepted service twice for two other cases and that she is the defendans attorneys does she have a choice or is she required to accept docs - complaint - on defendants behalf?
Representation of a client is on a case-by-case basis. The law firm is correct in telling you that it needs to check with the defendant to determine whether it is authorized to accept service for each case. To be on the safe side, you should serve the defendant directly.
I agree with Mr. Whipple. Once a lawyer has appeared in a case, she has a duty to accept service on her client's behalf of other documents within that case. But that duty does not carry over to new cases, no matter how many times the lawyer has represented the client before or who the prior opponents might have been.
If the defendant has officially designated the lawyer as its agent for service, then she doesn't need permission to accept your papers. That seems unlikely. If she's not the designated agent, then she really does need the client's permission.
Good luck.
NO.
Can i get my money back from a retail store if they dont have the product in stock?
There is no way an accurate answer can be provided to the question as worded.
I own a ecommerce business in Louisiana. I have a son in California. I am wondering if I could have my son ship my products out from California because he is already handling my website.
There is nothing inherently wrong with the concept, but it would be advisable to have a business attorney check the details of your plan. Among other things, the business might need to be qualified in California by registering with the Secretary of State. It would be very helpful to know whether the business is a sole proprietorship, partnership, LLC or corporation (among other things) and whether it is insured.
can I get a passport for my child if parent (father) cannot be found, I was never married to him, but he did sign the BC. I am married now.
You probably need a court order because of the 2 parent consent requirement to get a US Passport.
In NC, can a husband and wife legally separate and remain in the same house for financial and child stability reasons?
No. There is no such thing as 'legally separated' in NC. You are simply either separated or you are not. All that is required to be separated in NC is you must not reside in the same residence and at least on of you must have the intention not to resume the marital relationship. The situation you are describing is not separated - its married.
A good friend of mine recently turned him/herself into Palo pinto county jail for transfer to safp.. this person had no pockets so his/her personal items was inside his/her shoe. Among these items was a i.d., some money, and a cigarette.. while being booked in he/she removed the items from the shoe BUT the officer advised that because the tobacco item was remove from the shoes and not pocket the county might bring changes against the individual on the grounds of trying to bring it in. Is this possible and if so how long do they have to do so because this was over 30 days ago. And I believe it may be postponing his/her transfer.
It is unlikely that they will bring charges.
I am trying to file a pro se divorce. I have not seen or heard from my husband in 2 1/2 years. We have two children that he has not had any contact with as well. What is the best way to do this?
hire a lawyer... pro se has many pitfalls...
if i have a felony from 1993 does prop 47 taking afeect drop them to misdemeanors now
Felony for what?
Prop 47 only affects personal use possession charges, some theft and fraud charges.
See my website (www.joedane.com) for an article I wrote about Prop 47. Should be on the home page.
My Mother gave her Mobile Home to my brother and I. Somewhere a long the way it was put in my brother's name. My brother had this girl come over to do him a favor (if you know what I mean) and she never left, two yrs. later. My brother suddenly dies and my mother dies 16 days later. At my brothers service this girl tells a family member that she now owns the MH. She's bragging and showing the title. She now has a unlawful detainer judgment against me. The Judge did not want to hear what I had to say, the signature on the title was not my Mother's. I tried to show the Judge and explain to him what had happened, he didn't read my complaint or look at all the proof I had or look at the signatures and the date on these documents. The last document that the Dept of housing and Community Development had and they faxed me "2" copies of a Multi-Purpose transfer form one dated 8/20/13 with my brother and this girls signature. The other form was dated 11/08/13 with only my brother's name. The Judge did not even consider. I'm absolutely beside myself, this girl was homeless before she move in. I have no pace to go, I lived there with my Mother for 14 years. The day my brother died she cleaned out his room took everything of my brothers and all of my Mother's important papers. Can anyone please help me. I need help so, so much. My Mother worked all those years and this person came in and took my Mother's MH. This is not right. I'm desperate, please help me.
Not to rub salt in a wound, but you already had your day in court and lost. It might have been a different outcome if you had been properly represented by an attorney. Maybe not.
The only thing possibly remaining would be a lawsuit to clear title and make your claim to Partition, but I fear it is probably too late to do that, both as to a statute of limitations problem, and as to the unlawful detainer already covering some or all of the ownership issues, plus it would cost you more in attorney fees and court costs than it would be worth to recover only your share in an old mobile home. There is nothing anyone can do to restore documents and property already disposed of.
Sorry to bear unpleasant news.
I'm wondering if what I've heard is right - that touching someone without their permission is legally 'battery'. My mechanic, twice now, has done this with me, touching my arm or my shoulder, a little too long for comfort, usually saying something sexist, like, "Don't you worry, honey. We'll take good care of your baby!" (i.e., my car) The first time he did this, I complained to the service manager, but was complaining about a couple of other things, so this issue got ignored. I haven't said anything to him since there are usually other people around and I don't want to make a scene - plus, I'm usually in shock that this is happening. If it happens again, is there any action I can take? Calling the police into it so I have it on record? Taking someone with me next time, so I have a witness?
I would suggest avoiding the mechanic by taking your vehicle elsewhere for servicing. By going to the shop and allowing the mechanic to touch you without protest, he might think you're tacitly consenting. What he is doing is wrong, of course and, fortunately, he can be avoided in the future.
A redemption deed is given to the original borrower on the loan and is located on the preliminary title report but not recorded in the county record. The beneficiary issued the redemption deed to the borrower. Does this give the borrower rights to title. The second lienholder is showing on title and claims right to title now under a lawsuit. Bank foreclosed on 2nd lienholder in June 2009 and contacted me the original borrower and told me that I was back on title (I checked title absolutely was on title again in August 2009 up title 2012); What can I do: Would the title company have a record of this redemption deed? Only record found is a rescission of trust deed. There is a difference in a rescission and a redemption deed, right.
I think the key here is the lawsuit. What did the 2nd lienholder demand in the suit, and with what result? Did the borrower present a defense? I recommend going to the court and giving the file a complete review, or having a lawyer do this.
There is no such thing as a redemption deed in California. Are you talking about property in another state? If so, you need to ask the question of the Law Guru panel in that state. There is also no such thing as a rescission of a deed of trust, at least not as a title document. You could obtain a judgment for rescission of a deed of trust and record the judgment. You are also making no sense when you say the "Bank foreclosed on the 2nd lien holder." A lien holder is the one who forecloses, not who is foreclosed on. If you are talking about property in another state where these terms have legal meaning (such as TX which does have redemption deeds), you need to re-ask the question under that state in LawGuru. If you are talking about California property, you need to have someone help you get your terms corrected and description of the events you are asking about straightened out, so we can tell what you are talking about.
A redemption deed is a tax term. I suggest you gather the documents you are speaking about and get some consultation with a competent real estate attorney.
I reside in one state and have an open child support/custody case in another state. How can i get legal help/advice when that state holds jurisdiction of my case? I am 9 hours away and the few lawyers i've contacted always start off with "I'll need a $2,000 retaining fee"
I'm assuming the pending custody/support case is in Michigan. Feel free to contact me for general information in regard to custody/support complaint process. Of course representation will require a retainer. If you have a specific question you may contact me.
I am 23 in Colorado got caught shoplifting at kohls. I work at WalMart and im wanting to transfer soon to a different town. Its my first offense never done anything like this b4. if i plead guilty it'll be on my record as shoplifting what can i do so wen i transfer it won't affect me getting hired? Or if theres a possible way to get it expunged off my record ? Or get it named differently?
Talk with the DA/city attorney. See what kind of bargain they'll offer. Frequently, a plea offer will either re-label the offense, or set out conditions for an eventual dismissal.
can I go after a motel if I caught an std from a room that was never cleaned and then was rented to me on new years eve
I can't envision any realistic scenario in which you could collect from the motel.
My wife and I were married for 16 years. We have been divorced for 5 years. I have a pension. What is the law in regards to pension plans ? I believe I am ordered to pay 1/2 of my pension. Is this for life or the length of the marriage?
The terms should be in the divorce judgment or the separation agreement approved by the court.
The decree and/or agreement should state whether the award for half of the value of the pension at divorce, half of the value of the pension at retirement, or half of the value of the pension for a time certain. If you believe that the decree and/or agreement are unclear, you should consult an attorney (and bring those documents) so he can tell you whether you have an argument to end payments on the earlier side.
I live in Germany and work (programming) on our german company that has partner company in US (hereinafter USCorp). USCorp has customer in US and they invited me to arrive in US and work in customer's office "on site" using B1 visa. This means ordinary work day in customer's office with some ordinary programming duties. Important notice: I will NOT earn money in US. Germany company will still pay on my german bank account that linked to my credit card and I can use card anywhere to pay bills in US, so there will not any financial activity between me and USCorp's customer on US territory.
Will it be legal?
Hello - this is a complicated question. Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM
This scenario is not legal. You cannot work on a B-1, even if you are being paid by the German company. Depending on the ownership of the German & U.S. companies, you might want to explore the L visa as an option.
can inharited property be seised for wifes hospital bills
It depends on how the property was inherited and how the claims for bills are asserted. Generally after someone dies an estate is open and creditors are notified. Assets are used to pay bills in a particular order. If there is money left over after the bills are paid, it is distributed to the heirs.
If you mean instead can property one inherits be attached by the creditors of the person who inherits, in many cases yes. In some cases depending on how the inheritance is set up (say if it is in a trust with spendthrift provisions) creditors might not be able to touch it, but this is a very fact specific area of law and you are encouraged to seek legal counsel on the details of your particular situation.
I believe my former employer has altered my non-compete agreement and now they are taking legal action saying that I am in breach of the agreement. What should I do?
You need to consult with a competent lawyer, knowledgeable about non-competes ASAP.
Can someone file a restraining order in one county and have it served in another?
Short Answer: Yes.
yes
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
[email protected]/* */
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
How do I file a petition for the absentee parent to pay me disabled adult child support in Santa Clara County? I have two disabled adult children living with me I've been supporting as a single parent for 35 years.
You would file a request for order to return to court on these issues.
Dear all I have some issues about being an cam model.
First of all I would be appreciate your attention.I m from outside of America.I used to be an cam model on cams.com for a very short time.because of my curiosity and tough period.Then I regretted and quitted meanwhile I asked the site to close my account. But they still got my information including photos and videos they recorded ( which I didn't realized ) They claimed that the information is just saved for legal purpose and not sure for how long.
my questions are:
1.Do they still have right to reuse or disclose my content since i had already requested close my account?(they refuse to delete)
2.Does the 2257 compliance have private policy to protect people who quit and how long will the information including photos and recorded videos be kept?
3.Is there any law to punish people who secretly record the private cam show?
4.I m not American am I still covered by 2257?
Hope you can solve my problem.Thanks !
Most of what you are asking pertains to whatever agreement you had with them assuming you had some written contract. They may have the right it use the content you provided forever and always as you probably gave them that permission. If not, then once you revoke your permission (or license to be more exact) they should cease use.
2257 is a federal statute that requires the keeping of records. I am not sure what your concern is regards to that. The provider of the content needs to comply not the models.
You may want to speak with a lawyer in private and flesh out your concerns in more detail. 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.
I am a 50 year old female, I lost my job due to an arm injury. I can no longer work at my profession.I am a hairdresser and currently applying to salons as a receptionist. I threw my husband out of my home for videotaping my 20 year old daughter naked . I am married 5 years . I want the house and alimony , my husband has a great job. I live in new jersey . Can I leave the details out of my divorce..or do I need to threaten him with his freedom ? my daughter does not know ,,my husband has 2 young sons and I do not want to hurt them
That is......well, I am the father of two grown daughters and I am speechless.
the 20 yr old girl is not his daughter, I understand that. Violating her privacy like that is a serious crime, unless he has some kind of explanation or excuse that makes any sense. I can not think of one.
There are a lot of ways to handle this, but you clearly want to get away from him.
There is a lot to talk about. You need to sit down with a good divorce attorney and plan this carefully before you take action.
I am not nearby, but not too far. Your divorce would be filed in Freehold Courthouse.
Go talk to a smart divorce attorney near you, and take action.
Give me a call, make an appointment to come see me, and let's get moving on this for you.
I will take the time to answer questions, so you will know what your options are.
This will be a free consultation. After we talk, you can decide what you would like to do.
No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]/* */
Website: AttorneyRobertDavies.com
AND NOW THE DISCLAIMER:
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
I am trying to have the court modify a child support order on the basis that my oldest son (he will be 18 in june) no longer lives at all with his mother. he is taking college classes in lieu of highschool so school records are useless as evidence re: where he lives. What can I use as evidence that he no longer lives with her for any amount of time? I was thinking an affidavit from him.
Thanks in advance!!
The fact that the child is not living in the other parent's home is unlikely to eliminate or reduce child support. It can be directed to be paid to some other person providing the care for the child. If the child is not self-supporting, they are not emancipated,
Proof may be of various sorts. It would be critically important that the motion be carefully prepared. One wonders if your goal and aim is to have child support be paid to the proper person, or to seek to end your obligation. I urge you to seek attorney counsel at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Child Support Attorney, Minnesota Family Law Attorney, Minnesota Family Law Mediator, http://dwyerlawfirm.net
Would like to trademark my business name, but there is another business whose name is spelt differently but the pronunciation is almost the same can i trademark it till? Thank you.
One of my friends is an attorney who does this kind of work.
Call me and I will send you to him. He is a very smart guy.
Robert Davies, Esq.
201 820 3460
Possibly, but it may be denied as similar and confusing.
Well, as with most legal questions, the answer is, "It depends." There are two well-known cases with very different results... Koke vs. Coke and Lexis vs. Lexus. Trademark law is not one of my practice areas, but I'd be happy to chat with you (at no charge) and refer you to a trademark attorney I work with on a regular basis. (973-921-0600)
Generally speaking, a business is not prohibited from trademarking a name just because another business is using a similar or even an identical name. It depends what type of business the other business is, whether that name was trademarked already, when did they start using the name, how different the spelling is and the location of the two businesses, among the variables. Ultimately the trademark office has the last word.
My practice routinely handles intellectual; property matters, including trademarks. 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.
The devil is in the details here. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process.
http://www.lanternlegal.com/trademark_due_diligence.php
http://www.lanternlegal.com/test_trademark.php
You should most definitely talk it over with a lawyer in private before making any investment in the mark. 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.
Single, unmarried, Parent passed and left funds in a bank account; adult child not on account. How can the adult child recover the funds from the account?
If the estate (the account and any other assets in the decedent's name, except automobiles and mobile homes and boats) is less than $150,000 in value, then the child can collect the account using a Small Estate Declaration made under California Probate Code section 240 - google it and you can find a form online.
If the estate is worth more than $150,000, then the child will have to file for probate in the courts.
Mr. Tillem is correct. You can also ask the bank if they have a specific small estate affidavit that they would prefer.
when threating a landloard with bringing an attorney to ther home is it illegal for a tentent to with hold his contact information when asked for it? i just want to make sure that they are a real attorney and not a friend of theirs tring to pretend.
This question, unfortunately, appears virtually unintelligible
as written.
I received a draw against commissions until the employer could no longer pay the draw. They paid me a small portion of the commissions due, but I rarely objected for fear of them terminating the draw of $11,500 per month. They are now suing me for the $172,000 debit balance
We have seen many of these claims over 27 years. The employers rights depend on the terms of your employment, which are described in your contract, manuals, memos, and by the course of dealing between you and your employer. This is a fact specific analysis.
"In Virginia foster care for children, are the foster parents allowed to spank bare bottom?
That could possibly prove problematical for the spankers, depending upon the particular circumstances involved with the particular spanking matter at issue and therefore that would be enough for me to have to counsel against it.
I was wondering what the etiquette was for a 473 motion argument, my response, then their response. Am I supposed to respond to their response? How many times is the argument in writing supposed to go back and forth before the hearing which is in 25 days? Thank you!
The moving party gets two whacks at the apple. The moving party gets to make their initial arguments first in the motion. The opposition gets a chance to raise their arguments in the opposition. The original moving party then gets a reply, which is a reply to the opposition, and not a chance to raise additional arguments that were not raised in the original moving papers.
There is no such thing as a "surreply" or any other misspelled manner of an argument after the reply. People use these as a result of what I call the monkey see monkey do aspect of family law, but most judges are on top of the rules and reject them out of hand without reading them.
It is required by my landlord that the cosigner to my commercial lease should be added next to my name as a co-insured on the liability certificate for the store. Because the co-signer is not affiliated with the actual business the insurance company won't add the second name to the policy. However the insurance company will add the cosigner as an "additional insured". Will this offer the same protection of liability insurance for the cosigner that the landlord is requiring?
It should. That would be the normal way to do it.
I'm 17 and turning 18 in April. I've been assigned to be on probation for runaway and truancy for 6 months now, I did everything the court order. But my po wanted me to get therapy or family therapy. My mother also did an restraining order on my boyfriend. So my question is when I turn 18 how can everything be drop? Second question is am I going to get off probation when I turn 18.
I suggest that when you turn 18 you secure an attorney to assist you with your needs. A restraining order is generally a civil matter that involves the parties subject to it (the subject of the order and the object who is the protected person. Tricia Dwyer Esq p 612-296-9666 Minnesota Criminal Defense Law, Adults - Juveniles, Minnesota Family Law, Minnesota Protective Order - Restraining Order Law, Minnesota Criminal Expungement Law http://dwyerlawfirm.net
Am I entitled to collect interest from the Defendant since the date of the initial money judgment the court ordered in my favor against the Defendant?
The Defendant kept appealing the judgment over 5 months, but each time, the court upheld the initial judgment.
Yes. You get interest at the legal rate, which I'm pretty sure is now 7%, from the date of entry of the final judgment. So if the original judgement is fully upheld on appeal, that is when interest starts.
Yes, at 10% per annum/year.
Money judgments ordinarily earn simple (non-compounded) interest at the rate of 10% per year. The interest accrues while the judgment is on appeal.
In some circumstances, the judgment cannot be enforced while the appeal is pending. But interest still accrues during that time.
It is enforceable unless an stay is entered. Interest accrues from the date of judgment.
In 1980, as a fifteen (15) year old, I was tricked into signing papers and defrauded of a bank account / bonds that were in my name. The defrauder has since died. Is the bank still liable for that stolen account?
No. Any statute of limitations ran a long time ago. You would have turned 18 in 1983. Why did you not do something after you turned 18?
And why exactly would the bank be liable here? The person who got the money was the defrauder who provided the bank with papers. You should have gone after the defrauder and bank.
Equity aids the vigilant, not those who slumber on their rights. You cannot sit around for 30 years and then decide you should have done something. There are no excuses for this.
Sorry but there aren't.
I have a question about passing rules for my facility. I'm a Hebrew and me and my other Hebrew friends bought a private and just a regular lot, but we don't know what the law is if we can pass certain rules on are religious faculty. We do not want gentile converts or want gentiles wasting are time with inquiring about conversion so we want to put up a sign saying we don not accept converts, is that legal? Is it legal to put up a sign that's says Hebrew descent only no walk ins or that we do not accept or do gentile conversion. Is that legal?
This answer would be far more complex than permitted here, but bona fide religious organizations generally get more lattitude than other businesses in terms of discriminating in favor of their own members.
Do not assume that I am your attorney because of my response here, so I will not be taking any action on your case without additional arrangements. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www./answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.
I purchased a dog for myself and my boyfriend, but I am the one that housed the dog, maintained all vet records, and all related expenses. When we broke up, he took the dog with him. Now he is refusing to give me the dog, and the police are telling me it's a civil matter and they can't get involved. What can I do to get my dog back?
Sue him for conversion. Get your documentation ready (veterinary records showing that YOU brought the dog in each time for checkups and vaccinations).
can I sue a home mechanic for work not done to par?
Two questions: What is a home mechanic?. And was par 3,4, or 5?
the company I filed a complaint against for disability discrimination fired or demoted the manager who caused the issues and resulted in me losing my job. Is that a sign of guilt on their part, or does that work in their favor?
Need more details
Call my office @ 770.985.6773 and/or FAX me details and your contact info @ 770.979.5190
I pulled a chair out from my friend and he broke his wrist. now he's suing me. Am I at fault?
Ask your personal injury defense lawyer.
Frankly, I cannot see how you would not be at fault in causing this. Even if you were just playing around you set in motion the chain of events that led to your friend's broken wrist. You should offer to pay medical bills at least but you had better talk with your defense attorney about this first. You would want to get any settlement agreements in writing and you need to see copies of the medical bills so you know what you are on the hook for.
I hope you have learned a lesson not to do stupid things.
My son got arrested from school. Then group of police officers came by the house lead by a detective(street gang unit) with search warrant based on California code 1524 that there is substantial probable cause. List on the warrant items to be seized, not one were found except RIP T shirt my son bought from friends who according to detective are gang members and the print on shirt was now dead due to gang Affiliation. They took him and his cell phone(family property) and some imprinted names of his friends on a paper. None of these were listed on their warrant. So 11 hours after we have no clue what to do next. So we called the Juvenile detention san Diego who one of the officers claims my son was in a group where one kid pulled out a gun and robbed a Man(CA penal code 211) and his belongings and his court date maybe this Friday(3/28/2014),since DA don't work weekends. My son is now 14 years old and arrested (3/25/2014 @1100 am.
My question: We have no information what is going on with my son except this morning, we visited him at the detention and he emphasize he has no clue of the event he was arrested for which in my memory,he was with us in the house all night and he was in school all day ,the day of robbery took place( 3/07/2014). ? Do we parents have rights as to how deep our son's case maybe. Since no Jury for his case, how serious will it be especially he denies, Involvement. I trained him to be friendly with authorities and look up to them as his friends and protector. In my belief the police got from him the truth of whatever they've asked of him.
The only appropriate advice you will be getting is to hire him an attorney. He should have been advised far earlier to 'shut up' and exercise his 5th Amendment rights to remain silent. Now, neither YOU nor anyone else can DO anything for him unless you are an attorney. If serious about hiring counsel for him, feel free to call me to discuss the case and the costs you face.
while I am not a California attorney, the advice provided by attorney Nelson is exactly what any defense attorney will tell you, regardless of the jurisdiction.
My ex is living in his mother's basement with my 3 year old daughter. One bedroom doesn't have a window at all and the other is not big enough to escape if there were a fire. There is an egress window in the kitchen but it's in between the fridge and stove. The exit door to escape to go upstairs is right next to the kitchen not even two feet away. Can this be considered child endangerment since the apt. Will not pass the counties codes. And what can I do about it? I told him I didn't want here down there since there wouldn't be an escape plan for the layout.
You may request a police welfare and safety check. Local municipal or other authorities may seek an inspection. You may contact child welfare with no delay: Child welfare is available 24-7. You may contact a private attorney for assistance. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Family Law Attorney, Minnesota Child Welfare Attorney, Minnesota Family Law Mediator, Minnnesota Criminal Defense Attorney, http://dwyerlawfirm.net
It is unlikely to be considered child endangerment. It may be something a court considers regarding parenting issues and parenting time if presented as part of a Motion. You may wish to mediate the issue/ In all likelihood, a court will require mediation to occur before it addresses the issue.
in my child custody cases, we put that the "significant other" can watch the child. how long do you have to be together to be considered a "significant other" in the state of mn.? my ex has moved his new girlfriend of not even a month in with him and she has been watching my child. I feel that this is wrong.
I am afraid that anyone you are romantically linked to could be considered a significant other. It is an undefined term and certainly not a term that has any legal significance.
The term is ambivalent and vague. You may seek legal action via your attorney to clarify and to alter terms. Speak to your attorney so she/he can assist and advise you. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Child Custody & Parenting Time Attorney, http://dwyerlawfirm.net
tree owned by the home owners association fell on my property Feb. 13, 2014. I wrote to the association in Sept. 2013 and told them the tree was dead and asked that it be removed. They are now telling me I have to pay to have the tree removed because it was an act of god. Am I responsible?
1. You may need to review the HOA docs -there may be something in there that determines your rights & obligations, as well as the HOA, that suipercedes the next number. 2. If the HOA was aware of a potential problem in 9/13 it's not an act of God (and even if it was that doesn't end the analysis). The HOA was negligent if it did not hire the appropriate expert to inspect the tree & take appropriate action to prevent a decaying tree from falling. 3. The HOA ins policy may cover the HOA for the tree removal & any damage caused by it's falling. 4. Your ins policy MAY cover it- you may want to check. 5. Without my review of documents I can't give a firm opinion, but it's likely the HOA is wrong.
I am eligible to retire under the civil service retirement system. I am paying 2500/mo spousal support. I have 4.5 yrs remaining to pay. The divorce decree states that when I retire my ex wife will get a percentage of my retirement. This is based on the number of years of marrige divided by the total number of years I have in civil service. My question is if I retire now can I get the alimony reduced or eliminated? The amount she would receive from my retirement would be close to the amount she now receives from alimony.
In Ohio, it would be impossible for an attorney to answer this without reviewing the divorce decree's actual wording. If you want a legal opinion on this, contact me at [email protected]/* */ and we can likely work something out.
as a tech startup, what am I supposed to do for bringing on a h1 visa employee?
Hire an experienced immigration attorney familiar with professional visa requirements and techniques. Call your local Lawyer Referral Service for names.
If i get ssdi and my son is under 18 will he get benefits if he lives with his mother? And if so am i required to give him lump sum or can i put monies aside so he don't blow it?
If you get Supplemental Security Income (SSI) son is not provided for.
If you get Social Security disability (SSD) son is eligible for Dependant Benefits regardless of who he lives with. The DepBenefits are credits to any child support you are to pay. He should receive a seperate check for any back due benefits, money goes to the custodia parent, not to the child. You should talk with a social security disability attorney.
What are some of the cons of a legal seperation in california?
You are still legally married.
I agree with Mr. McCormick. You are still legally married with a legal separation and cannot marry someone else until your marriage is terminated.
I was served papers by my ex boyfriend on June 12. In there I'm ordered to take a parenting class. The classes are in Arizona where the orders come from. I've been living in Louisiana since the end of March. The papers were filed on April 25. They pertain to my son who is 3 weeks old and was born here in Louisiana. How do I write a response to the order to take classes. Everything I've heard and read has told me that I don't have to go back and take those classes, I just have to write a response saying that I don't live in Arizona and haven't for months now.
File for custody in Louisiana.
Separately, in Arizona, file papers saying Arizona has no jurisdiction over a child who has lived his entire brief life in Louisiana
I owe an old pay day debt and am being called at work by an Rth group and they are threatening to serve me
Many of these collection claims can be defended and won. Depending on the circumstances, the calls may be a violation of law. See a consumer lawyer. See www.ConsumerLawyerHelp.com.
my girlfriend came to the usa illegally, and i im a u s citizen, what should we do to get her statue while she here?
Because she entered illegally, she cannot adjust or change status.
Depending on when she entered, her age, & other factors, she might be eligible for DACA.
If you get married, you will need to file a "provisional waiver" for her. If it is approved, she will need to leave the country & apply for her greencard at the U.S. Embassy in her home country. There is always a risk of the immigrant visa being denied on other grounds & then she would not be let back in the U.S. However, you should consult with an experienced immigration attorney to carefully review her case before you proceed.
Good luck to you both.
Call my law office toll free at 1-800 708-4399 so we can discuss the matter.
Truly yours,
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
My fiance married an illegal immigrant in Maryland on 3/5/2004. His wife cheated on him and had 2 daughters outside the marriage. The entire time they lived together, she was abusive. In 2007, she kicked him out onto the streets, causing him to be homeless. Since then, he has not had contact with her or the children he claimed as his own. She now lives in Philadelphia, PA. What exactly can he do legally? He wants to get his girls back, but doesn't want to do extra damage. Will he be able to take them back, or will they all get deported?
This is really a family law question.
If his name is on their birth certificates as the father, & if the kids were born in the U.S., then there is no risk of them getting deported.
Furthermore, I am unaware that the Family Court would even take the mother's immigration status into consideration, unless she was already in Removal proceedings.
He needs to speak with a Family Law attorney in the State where he lives regarding this issue.
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
We are selling our rental home, for $20K have someone who wants to buy it for that price...what is the best way to sell it without inspection, etc..(the home was appraised and inspected only two years ago and has been well maintained)
If it is a cash sale, you may be able to deed the property(warranty or quit claim) with an as is sales agreement. You should still report any known defects. That way the buyer can seek an inspection or appraisal, at their cost, if they want. This is a general description of a method that might be possible. Consult directly with a civil practice attorney in your area, before you decide what to do. . You need advice specific to the particular facts of your situation, to make the best decision. If the buyer is borrowing money to make the purchase, you may not be able to avoid an inspection or appraisal.
Good luck
I went into a lease agreement on a condo in a Florida neighborhood where half the condos are owned and half are leased. The leasing office gave me a condo that they called a "receiver unit" meaning the unit was in foreclosure and could be sold. The lease states that if the unit is sold I would be given 60 day notice and could either move into another unit in the complex or be given cash to help with my move to another property. There is also an early termination clause in the lease that states that if I needed to terminate the lease early I could with 60 day notice and early termination fee that is equal to one month's rent. I am buying a house and submitted notice on Oct. 4 that I would be moving on Dec. 4. On Oct 29 I received notice on my door from an attorney that the unit had sold and that I had 90 days to vacate. Since I was already moving, that is not of concern. However, When I called the attorney they said the HOA never held title to the unit to rent. So now my question is, am I still legally obligated to pay the early termination fee since I would have had to move before my lease was over anyway?
I wouldn't.
You are responsible for any written contracts you executed. The condo can be entitled to rental payments by Court Order without ownership. I would seek legal counsel before you just don't pay it.
If separated, will my spouse be entitled to my inheritance?
Your question is unclear. Do you mean you are getting an inheritance and can she get it, or do you mean if you die, can she inherit from you? Please explain.
I was served with a ex-parte order of protection from my ex fiance. I live in the state of MN. I contested it. There is now a civil court date. What happens if the petitioner an respondent do not show up for the court day? Is the order of protection dismissed?
Your post is not entirely clear. What will actually unfold in your particular case on the day of court cannot be known with any certainty. Tricia Dwyer Esq ph 612-296-9666 MN Family Law Attorneys MN Domestic Abuse - Violence Law Attorneys MN Order for Protection Attorneys Tricia Dwyer Esq & Assoc PLLC http://DWYERLAWFIRM.net
My husband has an unpaid warrant for a misdemeanor open container from when he was a teen. He owes about 400 dlrs. About how long would he sit in jail if he turns himself in? We live in el paso, tx
Contact the El Paso jail to find out how much credit they give per day. (In Harris County it is $100 per day but that amount is set by the local sheriff.)
My sister was found dead in her home. It took 3 pages of the coroners report to list all the bruises on her body. The coroner report says cause of death undetermined with possible asphyxia. Her live in boyfriend is the only suspect but hasn't been arrested yet.. He had scratches on his face and his stories are extremely inconsistent.They were living in a house owned by her boyfriends mother. He has a long history of violence and his own mother fears him.. Several years ago she served an eviction notice to her sons former wife when her son was married. The eviction notice reads " due to action by my son, I feel its best for all parties involved that you and the kids find housing elsewhere for the safety and well being of all involved"..She feared her son was going to hurt or kill them so she got the wife and kids out of the house by evicting them. I want to know if I can sue her for the wrongful death of my sister because on the night my sister was killed, his mother called their house at 9:30 pm. She said that her son and my sister were having some sort of fight and that he was enraged and belligerent and refused to tell her what was going on so she told him to put my sister on the phone. She said she barely spoke witth my sister before he grabbed the phone from her and hung it up. The next morning when she went to see her son, there was crime scene tape and police everywhere and my sister was dead. So can I sue her or her homeowners insurance company for wrongful death being that my sister died in the home she owns and due to the fact she knew how violent he was that night and he knew they were fighting, yet she did nothing to protect my sister, she could've called the cops or went there to make sure my sister was ok but she did nothing. She was obviously aware of the danger he posed since she evicted his former wife in an attempt to spare her and the grandkids lives.
This question calls for information too extensive to cover in this forum.If you would like to call me I would be more able to address your concerns.There would be no charge for the consultation. My name is Bruce Nelson 916-448-8831.
You, actually your sister's legal heirs, may have a case here. More investigation of the facts are needed however. Did you tell the cops about what you wrote above? If so, the boyfriend seems like a prime suspect here.
I am deeply sorry to read about you sister's horrible passing.
It is possible there may be a case somewhere here, but this case will be all about "duty". The defense will assert that you sister was not an unknowing tenant. Instead, she was the live in girlfriend of this man, which is a much different relationship than your sister simply being a tenant. That said, your sister could have, and probably would have suffered the same fate with this man had they rented an apartment in Chicago.
Another consideration is, while your sister's mother apparently knew how dangerous this man was, your sister knew as well, and that was the man she chose to remain with.
I truly wish you and your family the best through this terrible time. Good luck.
Allow a quick correction as it is difficult to answer questions on these little phones. I meant to say, your sister's boyfriend's mother.
I am sorry for you loss and that of you family. Clearly, the facts of your sister's death is suspicious. Time ad both a police and coroner's further investigation should provide more answers. But that being said if the property owner's son is ultimately convicted of killing your sister than prior knowledge of his violent conduct might be a key issue even though her insurance company most likely argue that it/she cannot be liable (verses guilty) for the criminal actions of her son. A potential case for you and other similarly positioned family heirs may potentially exist enough to warrant further investigation but more facts will be required. I hope this helps.
I'm so sorry for your loss. How awful.
Your sister's estate may have a decent case against the the boyrfriend's mother, but my guess is that it doesn't. The executor should consult with lawyers to see whether there is a case worth bringing.
In order to win such a case, the estate would have to prove that the mother owed your sister a duty to protect her from the boyfriend, that she breached that duty, and that the breach was a contributing factor to your sister's death. My sense is that she had no such duty, either as the suspect's mother or as his landlord. Even if she did, I think it will be hard to prove causation.
Your sister's death was caused by her killer, not by the killer's landlord (assuming that the killer was the boyfriend). Even if one person's negligence set the stage for harm to someone else, she generally won't be liable if the harm was actually caused by the intentional acts of a third party. That is not always true, but it often is.
There is a more fundamental question, though. Your theory seems to be that the mother should have evicted the son, and that her failure to do so was wrongful. Even if it was, that does not mean it played any part in your sister's death. Her boyfriend likely would have been just as capable of killing her if he lived somewhere else. The fact that he was living in a house his mother owned probably did not contribute to what happened. If I'm right about that, then the estate will have a hard time convincing a jury to hold the mother liable.
Even if the mother is liable, she will only bear a fraction of the responsibility for what happened. The jury would have to decide how much. The boyfriend will almost surely be assigned most of the blame. Let's say the mother was negligent and the jury says she was 10% at fault. The jury would have to decide how much compensation your sister's estate should receive, and would then enter a judgment against the mother for 10% of that amount.
These are just my initial thoughts about a very sad and complicated case. The executor really does need to consult with a lawyer in more depth than we can offer here.
Good luck, and my condolences again on this tragedy.
Are there any requirements for a judge to keep parties notified when he is taking much longer than he said to decide a case. We were told it would be 1-2 weeks, then 6o days post trail he said he would get to 'it" by the end of the month. 6 months later we are still waiting... we are entering our 9th month and have heard nothing.
There are no legal requirements about that. Of course, it would be courteous for the judge to keep you apprised. You can contact the judge's office and ask about the status of the decision. In doing so, you can note it has been 9 months since the hearing. No doubt the judge will get the message and accord the case a higher priority. If that does not work, you can contact the office of the Presiding Judge for the county circuit court and state that the case has been under advisement for 9 months. The Presiding Judge will probably tell the judge to issue an order or will reassign the case to another judge.
Can you be held against your will (interrogated) without a warrant ?
It depends on what you mean. The police can briefly detain you in certain circumstances (i.e. Terty stop) and they can arrest you if they have a warrant, probable cause, or if a crime was committed in their oresence. The police can question you, but no one ever has to talk to the police. Ever. Always invoke your right to remain silent.
My fiance is currently incarcerated and was refused medical care and than place in another room for hours with no one checking on him. Whom do I contact?
contact for what?
First of all, contact ME.
Then we can talk and I can get more information.
215-370-2608 cell
Can I use my durable general power of attorney to place step-father in a mental institution over his suicide threats?
Depends on what you DPA - do you have power over placing him in a medical facility? If your step-father is threatening suicide you might want to Baker Act him first and see if he can get some much needed help.
If a company pays an employee the wrong rate, can they deduct the money from the employee's paychecks without their consent? Or force the employee to make one large payment within 10 days?
Hire an attorney.
There was a movie that came out many years ago- 10 about, that has since had sequels and a tv series following it, I never pursued the matter for lack of evidence, but I did my research in the US copyright office and I know 100% that my script was filed about a year before the script registered by the writers of the movie, there is a large amount of similar material and the idea of my script and the movie and quite parallel. the online link i would venture to posit between the writers and myself potentially was my going to a few script courses in california, and giving the teacher my script to grade, he was in the field, wrote scripts for Star trek (not related to my script except that both are sci-fi), and had connections, but, in any event, he passed away, and he was the only link. but the amount of circumstantial similarity is very strong. should I just move on and not think about this, or is there some remnant of a chance to pursue something? thank you for reading
Copyright law protects storyline infringement where the details and sequencing is too similar, despite the fact that the infringing party does not use the exact words. I'd bring the script and the movie to the attention of an attorney immediately. Other questions are why have you waited ten years and whether the infringing party is in California.
