Friday, January 31, 2014

In California, can you claim any portion of legal fees that were paid for custody issues? I have an ongoing custody case that started about ...

Question

In California, can you claim any portion of legal fees that were paid for custody issues? I have an ongoing custody case that started about a year ago and is still going. There is nothing else involved, no divorce, no alimony..just custody. This has proven to be very expensive and just wanted to know if any of the cost could be claimed on my taxes?

Also, I understand that since I am the non-custodial parent, I cannot claim my son on my taxes. Does this still apply even if the custodial parent has been unemployed for over 3 years now and unemployment benefits ended more than a year ago?(I am asking because the custodial parent has NO income for the entire year, would I be able to claim our son since I work?

thanks for your help!

(I am in California)



Answer

1. No. Personal legal fees are not deductible.

2. There are only two ways you can claim the child, either you have >50% custodial time, or the custodial parent agrees to give you the deduction. In the income situation you describe, it is usually beneficial to both sides for the custodial parent with no income to give up the deduction, because it increases the child support you owe, AND reduces your taxes by more than the child support increases, so it's a win-win.



Tuesday, January 28, 2014

Do i have to let my daughter stay with her stepfather. The divorce agreement says she cannot be alone with a nonrelative member of the oppos...

Question

Do i have to let my daughter stay with her stepfather. The divorce agreement says she cannot be alone with a nonrelative member of the oppossitte sex. My exwife now says that since they r now married-it is her choice who she stays with. I have trust issues with him because they cheated together. My exes dad was a convicted child molester and they are now freinds also. My daughter had been staying with my mom when needed-but my ex now wants her to stay with him.



Answer

On the few facts which you've described, I would be inclined to opine that, no, you cannot probably refuse this proposed arrangement for your daughter

to stay with her stepdad (without incurring legal consequences) since the facts that you've cited in support of your position would appear largely irrelevant to the issue of the fitness of this stepparent to be a caretaker of your daughter for what are presumably relatively brief periods of time.



Monday, January 27, 2014

What do you predict the out come will be for the 4 murder suspects on trial for the murder of detective david white in clay county fl?

Question

What do you predict the out come will be for the 4 murder suspects on trial for the murder of detective david white in clay county fl?



Answer

You're not going to find an answer on here. Even the prosecutor and defense attorney probably don't know (yet). Only a jury, and then possibly the judge will know the answer if and when this goes to trial. Only if an agreement is reached before a trial (which probably won't be known to the public for a while) will you know the answer. In other words, any attorney's guess is as good as yours.



Have felony warrant on probation have a hearing at the federal court will I be arrested ?

Question

Have felony warrant on probation have a hearing at the federal court will I be arrested ?



Answer

If they are aware of it, it is quite possible if not highly likely.



I have not seen my husband since april 2000, How do I file for abandonment to get legally divorced?

Question

I have not seen my husband since april 2000, How do I file for abandonment to get legally divorced?



Answer

Please call me and I will explain the procedure. There are certain requirements of residence (his OR yours ) to be able to bring the action and a good faith effort to locate him---but it can be done---

215-370-2608

www.saulhsegan.com



Can an adverse judgment be rendered without papers having been served?

Question

Can an adverse judgment be rendered without papers having been served?



Answer

Can it happen? Yes.

Should it happen? Generally, not.



I have a Nestle beverage dispenser I received from Craigslist. Do I have a legal right to keep it? They insist I dont and want it back.

Question

I have a Nestle beverage dispenser I received from Craigslist. Do I have a legal right to keep it? They insist I dont and want it back.



Answer

Since you chose not to tell us how you got it or why they want it back, there is no way to answer you. (If you keep something that isn't yours you will either get sued or go to prison).



Answer

You leave us to guess how you received it and who "they" are, so how are we supposed to respond? Craigslist, the actual company, just sent you the item out of the blue?



Answer

Many, many more details are needed to even begin to answer your question.



What rights do we as tenants?? In a situation where, we have been told the owner of the house we rent currently till March 31. 2014, is bein...

Question

What rights do we as tenants?? In a situation where, we have been told the owner of the house we rent currently till March 31. 2014, is being forclosed on and we will need to leave by the end of the month?

Thank you for your time!

C



Answer

You are covered by the protecting tenants at foreclosure act. You need to contact the attorneys foreclosing and present them with your lease. You will have to pay rent to them once the home is foreclosed. But you pay rent to the landlord until then. If you don't have a lease, you get 90 days.



How can i protect myself and house when i put my wife on the deed and there is a divorce in the future?What legal steps can i take now to pr...

Question

How can i protect myself and house when i put my wife on the deed and there is a divorce in the future?What legal steps can i take now to prevent her taking my house?



Answer

Sit down with a lawyer before you do it. You may either not want to do it or have a post nuptial contract.



If i am punished by my manager and the employee that complained about me keeps complaining and jumping up the ladder and I get punished agai...

Question

If i am punished by my manager and the employee that complained about me keeps complaining and jumping up the ladder and I get punished again for the same complaint. How many times can my punishment change for the same complaint?



Answer

There is no limit. As an at will work state, you can be hired, fired, and punished for any reason other than discrimination and illegal retaliation.



My landlord (ex-landlord now) tried to charge me $50/day late fee totalling $2200. Now they are wanting to keep my $1000 security deposit an...

Question

My landlord (ex-landlord now) tried to charge me $50/day late fee totalling $2200. Now they are wanting to keep my $1000 security deposit and call it even. Is this legal?



Answer

If your rental agreement provides for the late fee, and you in fact paid late to the tune of $2,200, then yes it is legal. You may have a waiver argument if they just let it go and are piling it on at the end, but $1,000 for a $2,200 liability is a pretty good settlement in that case.



Sunday, January 26, 2014

How can I take someone off power of attorney that has it for my grandmother?

Question

How can I take someone off power of attorney that has it for my grandmother?



Answer

you cannot do so. Only your grandmother can revoke the POA.



Hi my question is if I'm a minor at the moment without parents or guardians in the united states what for of legal status can I apply since ...

Question

Hi my question is if I'm a minor at the moment without parents or guardians in the united states what for of legal status can I apply since I am completely alone in this country an only count with family friends help.



Answer

A person must meet a category of eligibility, pursuant to U.S. immigration laws, to apply for legal status (non-immigrant or immigrant visa).

It depends on how you entered the country, how old you are, if you have a U.S. citizen parent, etc.

If you entered illegally, then you cannot change your status. If you entered legally but are a minor, it will be difficult to get a student visa without a family member who is willing to financially support you & pay for your education, if required. You would be too young for any type of employment based visa.

However, without knowing more about your situation, I cannot advise you further.



Answer

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



my wife called 911 and hung up. the police responded and she told them i had hit her which was not true, she was intoxicated we have been ou...

Question

my wife called 911 and hung up. the police responded and she told them i had hit her which was not true, she was intoxicated we have been out at a club. she was drunk and i took her home she became very angry at me and actually hit me. i left before the police arrived. i was not arrested. the next day she called the police department and changed her story saying i did not hit her, but in fact tried to help her. It has two months since this has happened and i have not been arrested and havent heard anything about this case i dont know what to do



Answer

You can start by posting in the correct category, which is criminal law. The second thing you can do is keep your mouth shut until you speak to an attorney in person, and not post stuff on the internet.



Answer

If your ex tries to use this incident to get personal restraining orders, it would be wise to check with the police to see if there was even a police report filed. They might have not even taken a formal report.



Answer

You might check with the police department to see if there is a warrant out for you. If not after two months you can probably forget about it. However if she makes another complaint about you this incident may come back to haunt you .



I live in NJmy husband gave his mistress a car as a good by gift I have a copy documentation to prove this. can i sue the mistress how....

Question

I live in NJ

my husband gave his mistress a car as a good by gift I have a copy documentation to prove this.

can i sue the mistress & how.



Answer

Anybody can legally give anyone a gift for any reason at all. Seems to me that your complaint is against your husband, not his mistress. You may want to think about whether or not you want to get a divorce.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Feel free to call me at 856-546-8010. Mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner



Answer

Come talk to me. You need to know what your legal options are.

Robert Davies, Attorney

201 820 3460



I would like to hire someone - specifically a walker who can shadow my Mom when she goes out for walk in the morning and evening. My Mom is ...

Question

I would like to hire someone - specifically a walker who can shadow my Mom when she goes out for walk in the morning and evening. My Mom is 85 years old and I am concerned that she may fall and there may not be anyone to help her if that happens. I would like to hire someone who can walk for a specified period of time say 1 hr each in the morning and evening with my Mom but don't care who it is. In other words, I would like to give a contract for that period of time to a person and tell him/her that they need to complete that task - either by themselves or send a trusted replacement. Obviously I am not able to provide any benefits like vacation, health insurance but they will be guaranteed a minimum wage. I would like to know whether the person who I hire is a contractor or an employee. Thanks.



Answer

if the walker had a business doing that, with other clients, it could be an IC relationship. If this is their only client, not a business, then it would be an employee, with all the same legal issues as hiring a day laborer such as housecleaner or gardener. For your safety, WCAB is required, as is tax reporting and withholdings if they make above a certain amount per pay period. Check with your tax preparer for firm figures.



Jack and I were married by a minister but did not get a marriage license so it is not legal. I purchased a storage shed and placed it on his...

Question

Jack and I were married by a minister but did not get a marriage license so it is not legal. I purchased a storage shed and placed it on his property where we both lived. The contract has both our names, his first then mine, we both signed it. I have made all the payments on it and still paying them. He passed away suddenly and his property is in probate and the storage shed showed up. I told the executor of the will that it was my shed (which he knew since that is his son), he suggested that I call the finance company abd have his name taken off. They can't do that unless a new loan is made and new fees which the finance company said I didn't need to do that since I only have about 4 more payments. I relayed this to the executor . This is not in the will. I am moving back into my home and plan to have the shed moved. Is there a legal problem with this?



Answer

His name cannot be taken off since he was on the agreement when it was signed. How is it titled? You don't need to take his name off the loan to own it as long as you titled it as survivors. I would move the shed as long as no one else is arguing about it.



my ex wife has full custody in Arkansas I had to move to texas for better job. I just learned this morning that she is on her way to Califor...

Question

my ex wife has full custody in Arkansas I had to move to texas for better job. I just learned this morning that she is on her way to California possible to move but Im not sure...can she do that please help



Answer

It appears that your divorce was granted in Arkansas. If so, you need to post this question so a Arkansas attorney can answer.

If Texas does not have jurisdiction over your child then TX law won't apply.

Look on the website for an attorney in the area where the divorce occurred or on www.avvo.com



Hi, does Wisconsin law require interest to be charged in a land contract.....can 0 interstate be charged....if not, what is the lowest leg...

Question

Hi,

does Wisconsin law require interest to be charged in a land contract.....can 0 % interstate be charged....if not, what is the lowest legal interest required for a land contract in Wisconsin?

thank-you!

Ann



Answer

Wisconsin law doesn't require interest, but federal law does encourage the use of interest by imputing interest if there is not a stated interest rate at a sufficiently high level. The level changes constantly and also depends upon the term of the debt.



I'm on worker's comp and they agreed to give me supportive care for life.They recently called me and offered me a $ settlement and told me t...

Question

I'm on worker's comp and they agreed to give me supportive care for life.They recently called me and offered me a $ settlement and told me to think about it.The following day they called and said they changed their mind for now and wanted to monitor my prescription usage for 1 year, and to call them at that time. Is this normal or even legal?



Answer

Although it's unusual, it's perfectly legal. Both parties in Arizona have the right to withdraw from settlement negotiations right up until an agreement has been signed.



what is the aggravated dwi law in new York

Question

what is the aggravated

dwi law in new York



Answer

Aggravated DWI (vehicle & traffic law 1192-2a) is when the blood alcohol content exceeds .18%.

It has harsher sanctions than a standard dwi, with higher fines and the possibility of a much longer period (up to 3 yrs) with an interlock device requirement.



Answer

Aggravated DWI in New York is having 0.18 BAC or higher while operating a motor vehicle.

More at http://www.Westchesterdwiattorney.com or

http://www.dmv.ny.gov/alcohol-drug.htm

Good luck!



I want to use events that happened in a documentary in my novel. Is this legal? Do I have to contact them and request permission?

Question

I want to use events that happened in a documentary in my novel. Is this legal? Do I have to contact them and request permission?



Answer

It's unclear what you mean by "events that happened in a documentary." To me, a "documentary" is a film about (usually) some current event or other factual scenario. So then, what do you mean? Events that happened during the filming and editing of the documentary itself, or events that occurred before the documentary was made, but which the documentary reports upon? Is your concern possible infringement of copyright? Generally speaking, copyright protection extends to the creative efforts of the author, artist, etc. and not to the subject matter itself. For example, if there were a documentary about the sinking of the German battleship "Bismarck" you could write a novel about the same thing, and perhaps even draw some inspiration from the film, but if you quoted at length from the narrator, you'd be getting into potential copyright problems.



Answer

As a general rule, you are free to write about whatever you want. If that is substantially similar to another creative work you may be infringing on their copyright. This is not implicated merely because you wrote about the same topic as my colleague notes as well.

If you are writing about real people and real events you need to be concerned that your commentary is not factually accurate, which may result in a claim against you for defamation assuming people are identifiable from your work.

It is probably a good idea to get some guidance on this before you jump in. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]/* */

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



US employer wants to sponsor my H1-B visa, while we (My wife and I) are currently waiting for my F4 Immigration visa Priority date (Apr 2002...

Question

US employer wants to sponsor my H1-B visa, while we (My wife and I) are currently waiting for my F4 Immigration visa Priority date (Apr 2002)to be current and have my interview.

so is Entering US and working in it with H1-B visa going to effect my F4 visa? and If I'm called to the interview while I'm in US, this may effect the F4 process?



Answer

Since you can have immigrant intent with an H-1B visa, it should not affect your pending family based case. However, if the I-130 has already indicated you are outside the U.S., then you would have to get the file transferred out of the NVC or it might delay your adjustment of status once you become current. Or, another option, return home for your immigrant visa interview.



If 2 defendants were arrested for a 211 212.5 and cases are currently joined, can they be split if one defendant wants to take a plea barg...

Question

If 2 defendants were arrested for a 211 & 212.5 and cases are currently joined, can they be split if one defendant wants to take a plea bargain and the defendant wants to go to trial instead of accepting plea? If not, how does this affect the defendant who wants to take the plea bargain?



Answer

If the DA is willing to split the cases, one can plead out without the other. Sometimes the DAs office will only make a "package deal" so that one can't plead out and have the remaining defendant blame him for everything.



illeagal judgement obtain in 2004 for gambling debts.Gambling debts are not enforceable in California according to Appeal Court. He was info...

Question

illeagal judgement obtain in 2004 for gambling debts.

Gambling debts are not enforceable in California according to Appeal Court. He was informed of that ,

Palantiff just filed Renewal of judgement !

How is it possible...



Answer

It is possible because I suspect no one challenged the debt. The court will not rule on the validity of a debt unless challenged.



Answer

The debt was not challenged? I do not think the judge is going to rule on the debt because what you are saying is that nothing was challenged.



My girlfriend just got remanded from court yesterday for not completing her caltrans program. She did 31 days out of 60. My question is, doe...

Question

My girlfriend just got remanded from court yesterday for not completing her caltrans program. She did 31 days out of 60. My question is, does anybody know if she would get those credits from caltrans to go towards her sentence? Also, is there anyway to schedule another court date to try to get her out and have her complete her program?

She is employed full time. Pays Rent and other Bills. She is active in the community, and donates any time she has to helping cut homeless peoples hair.

This happened in orange county ca.



Answer

The court usually applies any community service that has been partially completed, to the sentence at the time of the remand. You should see if the sentence she has been given reflects that application by speaking with her attorney.



can I ATTEND DEPOSITIONS BEING THE DEFENDENT?

Question

can I ATTEND DEPOSITIONS BEING THE DEFENDENT?



Answer

In short, no, the rules forbid it, with VERY rare exceptions. Your attorney would have to file a motion with the judge to allow it, and it is usually very unlikely to get granted.



A friend of mine pays a significant amount of money in child support (on time). In his seperation paper work it states that him and his ex a...

Question

A friend of mine pays a significant amount of money in child support (on time). In his seperation paper work it states that him and his ex are not allowed to verbally attack each other by any means, and they have joint custody with planned out visitation rights for my friend (every other weekend/holidays). Now she has been texting him harrassing him and cursing him out every other day (he does not respond) , she also is hiding his children from him, not allowing him to speak to them or see them. what can he do legally to stop this since enough is enough?



Answer

Petition the court to require her to live up to the separation agreement. Do not stop child support payments -- no judge would approve of that.



Can a homesteaded FL property have a TN foreclosure attached?

Question

Can a homesteaded FL property have a TN foreclosure attached?



Answer

Impossible to answer without seeing the paperwork. A local property would need a local action to foreclose and sell a property to satisfy a mortgage. If a note was signed and venue is in TN than an action can be filed there on the note EVEN if the mortgage is on a Florida property. Seek legal guidance with the actual paperwork.



I paid my attorney over a month and a half ago, he has not returned my calls, can i ask for my money back?

Question

I paid my attorney over a month and a half ago, he has not returned my calls, can i ask for my money back?



Answer

If you cannot connect with your attorney via phone, a logical next step would be to attempt an email or a letter. Otherwise, you should be able to stop by the office during business hours and ask the secretary to set up an appointment for you. The court schedules of litigation lawyers often make them difficult to reach via phone, but any good lawyer will respond to correspondence.

My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. or past online answers at the following links: http://www./answers/atty_profile/view_attorney_profile/jknixonAttorney or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain advertising materials .



my divorce is finalized and I have to pay child support yet my ex husband gave his parent custody of our children to his parents. they live ...

Question

my divorce is finalized and I have to pay child support yet my ex husband gave his parent custody of our children to his parents. they live in a different state and both me and my ex live in the same state. He is military and I am a civilian. I saw some where that that the children have to be physically living with the custodial parent to receive child support. my question is do I have to pay child support to my ex husband or send it directly to his parents? I want my children back.



Answer

You do what the order says you have to do. If you want to modify the order, you file the appropriate motion with the court.



Answer

You must follow the order until you or another party goes back to court to change this. If your husband were to have left them with you for years, and you never went back to court to change the order, he could come back and demand those years of support from you even though they were living with you. Therefore, keep paying him until you have filed a change of custody case on the basis that he no longer has the kids, gotten a court order giving them back to you, and received an order making him pay you support.



Answer

You must do exactly what the court order says until and unless you file and get a modification. See a lawyer if you want to do that.



Saturday, January 25, 2014

I have two questions concerning incidents that occurred when my 18 year old daughter attended a music festival at Penns Landing in Philadelp...

Question

I have two questions concerning incidents that occurred when my 18 year old daughter attended a music festival at Penns Landing in Philadelphia yesterday. During the security checkpoint a female security guard patted her down (which is normal and expected at these festivals) but proceeded to grab her shirt and bra to shake it out because females conceal drugs there. What upset my daughter was the security guard touched her breasts. My daughter attended 2 other festivals this summer and the security asked HER to shake her shirt out. The other incident that occurred was AFTER she continued through the appropriate checkpoints with drug sniffing dogs etc. a security guard stopped her and told her to remove her bracelets and give them to her. She had 2 bangle charm bracelets, 15 bead bracelets, and my diamond bangle that she borrowed and never took off. She tends to pile on the bracelets. The security guard walked away and my daughter thought she was going to get a bag to hold the bracelets until the end of the concert. The security guard told my daughter she put the bracelets in he garbage. My daughter got upset and her friend said don't argue because the guard will throw her out and they got a ride with others. The concert was 2 hours from our home. My daughters friend had bracelets on and she wasn't asked to remove them. Later on in the evening the same security guard was teasing my daughter. What recourse to I have on these issues?



Answer

Contact to venue putting on the event and provide this information together with copies of your daughter's admission ticket stub and information about the specific entrance through which she entered.



My uncle died 30+ years ago. He left a will that was probated in MS (his residence) and an ancillary judgement of possession was filed in Lo...

Question

My uncle died 30+ years ago. He left a will that was probated in MS (his residence) and an ancillary judgement of possession was filed in Louisiana for some property in Jefferson Parish. The judgement identified three legatees. However, according to his will, one of these legatees was 1/8 usufruct interest. That legatee has recently passed on. What must I do to establish clear title.

The property is a small interest (value $10,000) and producing about $300/yr in income.



Answer

Usufruct terminates at death, so that's over.

What you may want to do is file a document inyour uncle's Louisiana probate proceedings establishing that fact.



what are the steps I need to take in order to get full custody of my 2 year old son in texas and child support enforcement he owes 2,830 dol...

Question

what are the steps I need to take in order to get full custody of my 2 year old son in texas and child support enforcement he owes 2,830 dollars and still haven't seen a penny



Answer

You probably need to meet with a family law attorney in person and discuss your concerns.

It appears that there is an order from a court regarding this child since there is child support established.

You can file an enforcement with a private attorney to try to collect the past due child support or have him go to jail for non-payment. Often the threat of jail will get the child support paid. Also, the judge might order him to pay some or all of your attorney's fees.

I don't know what you mean by "full custody". In Texas, even if he does not pay child support it does not mean that the father does not have parental rights. As your order probably states - child support and visitation are 2 separate issues and are not connected.

Many courts are unwilling to terminate or strip a father of all of their parental rights. You need to talk to a lawyer in the county where you live to see the judge's policy regarding modifying custody orders. The burden is on YOU to show that the current court orders should be changed. This is not always easy to do. You need an experienced family law attorney to help you with this matter.

I hope this info helps. Look on this website for an attorney or on www.avvo.com -- the 2 best free websites for people that I am aware of at this time.



My wife prior to our marriage racked up medical debts that are in the $20,000 dollar range. Her mother received bills and threw away and deb...

Question

My wife prior to our marriage racked up medical debts that are in the $20,000 dollar range. Her mother received bills and threw away and debt went to a collection agency which I now found out about on her credit report since we are in process of looking for a house. I have great credit am employed, and have money in accounts prior to marriage, as well as commingled money since I put her on all accounts. Numerous questions: 1. Can creditors go after me since state of Texas and we have joint bank acts and I put her on my credit card? 2. I refinanced her car and am debating whose name to put title in- should I put in my name in case creditors go after just her, 3. Should I move around money that is joint acts that was totally mine before marriage and put in separate acct which I already have in just my name, 4. Can my wages be garnished or a lien put on my house if I buy with commingled down payment 5. Best way to handle- do I wait four years for statue of limitations to be over before buying house thanks. [email protected]/* */



Answer

1. You are not PERSONALLY liable for her debts. However, if there is money in a joint account, or if you and she own community property, it COULD be seized to pay the debt. The Texas Property Code (chapter 42) deals with exempt property.

"Putting her on your credit card" doesn't mean anything.

2. Don't worry about the car. They won't seize the car, unless she owns several of them.

3. YES, moving money is a good idea.

4. There is no wage garnishment in Texas for ordinary debts. Your wages CAN be garnished for (a) child support, (b) alimony, or (c) back income taxes.

Nobody will "put a lien on your house." If the creditor obtains a judgment, he will record it at the County Clerk's office, and it will show up on the title report when you sell the house, but technically an ordinary judgment lien does NOT attach to homestead in Texas.

5. If the 4-year statute of limitations is close, go ahead and wait before buying a house; however, because homestead is exempt, it just doesn't make much difference.



Father past away divorced who's entitled to his pension and 401k .

Question

Father past away divorced who's entitled to his pension and 401k .



Answer

The beneficiary he listed.



Answer

Only his named beneficiaries.



Answer

The person named as his beneficiary. Of course, if he failed to revise the beneficiary designation,and it possibly remains your mother, check their divorce settlement agreement to see if this issue has been mentioned and what it says about this. In the absence of any proviswions about it, the beneficiary designation stands.



Can I refile? small claims case filed against a tenant on eve of expiration of statute of limitation was dismissed w/o prejudice. Case was f...

Question

Can I refile?

small claims case filed against a tenant on eve of expiration of statute of limitation was dismissed w/o prejudice. Case was filed in Osceola county, FL. Dismissed without prejudice because Plaintiff failed to appear. Initial statute of limitation is now expired



Answer

If statute ran, then it ran and you cannot refile. Perhaps with more facts a better answer would be possible.



My mother passed away on June 1, 2014. Her will, that was probated, stated that her husband could live in the house as long as he wished, or...

Question

My mother passed away on June 1, 2014. Her will, that was probated, stated that her husband could live in the house as long as he wished, or until his passing, then the house would become the sole property of my sister and I. She built the house with the proceeds from her divorce to my father on land that was given to her by her mother. Her husband did pay for the shop that was built on the land and half of the costs for the fence that surrounds the property. What is her husband entitled to legally when he decides to vacate the property or passes away? If he passes could he will that portion to his children, that were not of their marriage? With Texas being a common law state, my sister and I want to know what we are entitled to in the future regarding my mother's house and land.



Answer

Your step dad is entitled to a life estate on the property that he lived in with your mother. Your mother' s will may have altered that but it does not sound that way. Upon your step father's death, the property will pass to you and your sister.



my homeowners association hired a company to basketball to asphalt our street and they knocked down my mailbox in the company refused to put...

Question

my homeowners association hired a company to basketball to asphalt our street and they knocked down my mailbox in the company refused to put it back saying that it was rotten wish it wasn't it was doing what it's supposed to be doing standing there strong accepting the mail. who is responsible if the company doesn't want to put it in at the association



Answer

More info is likely needed. Did it fall down due to their negligence or did it just fall down? If they did something wrong they are responsible. That said, if the box was defective for other reasons they would not be responsible for paying for repairing it to allow it to stand up again. Seek some legal help with all the facts including any denials.



What are the rules for getting power of attorney and committing a parent to a nursing home

Question

What are the rules for getting power of attorney and committing a parent to a nursing home



Answer

Well if the person is competent then a power of attorney is agreed upon by the person,drawn up and signed. HOWEVER if the person is not competent the the proper avenue would be a conservatorship



Live in IllinoisIf you have one child from a previous relationship and you have full custody of him and receive no child support for them. (...

Question

Live in Illinois

If you have one child from a previous relationship and you have full custody of him and receive no child support for them. (And youre okay with that. Its been decided long ago.....just telling you so you know).

And then you get married and have two more children.

And then you dvorce and you do the everyother weekend thing and one day a week thing with those two children. (Joint custody w the mother being the primary home & you pay child support)

That's background, here is question...

So if you have three kids. One lives with you full time. (No the exwife never adopted him nor has vusitatiin with him nor wants it - again just being clear you have sole custody)

and the other two from your recent divorce lives with their mom. When calculating child support it says 28% for 2 kids

Will the fact I have 3 kids be factored into what I will pay for child support.

Would it be 28% to her

Or would it be 30% split 3 ways making it so I pay her 20% instead of 28%

Just need some general legal info on how that works.

Yes I know a judge can decide and all about how their lifestyle is factored in previous to divorce.... and that's not what I'm wondering, regardless what amount is decided will it be split with the child you have full time in tour home... to where you dont pay a entire 28% for the two you pay child support for (bc that kinda seems like its robbimg from the child you have living with you)

PLEASE PLEASE PLEASE give me some general advice on different avenues it could go and how it could work... I really need to know an idea of what I'm looking at...and getting an attorney is not poss at this time.... so please... give me an answer I can use as tool (as starting point) for me to then research and fig out. Of course I hope to fund legal help but I can't right now and need to know .

Thanks....

Gid bless



Answer

The law only allows a deduction for a court order. The fact that you may have one child is not a legal deduction. The order would be 28%. It also depends on who is the youngest. If the youngest is the child in your custody, no reduction is probable. If that child is the oldest, you have an argument of a reduction from guidelines because of that child, but it depends on your argument and the judge. There is no specific rule in your favor.



Injured 6-2007 offered 100,000 with medical still . Think I have a bad lawyer as I hate to say that . If I take 200,000 will I still get soc...

Question

Injured 6-2007 offered 100,000 with medical still . Think I have a bad lawyer as I hate to say that . If I take 200,000 will I still get social security settlement was forced to file over 2years ago . I have an approval for surgery now can they retracted if I settle . Is a new lawyer in my best interest now at this point ?.



Answer

Sounds like you are presented with payment for Permanent Disability amounting to around $100,000 plus the 'stipulations' there "IS NEED" for medical treatment. That would be an agreement you have about 62% Permanent Disability (at 2007 rates).

If the medical reporting accurately describes your Whole Person Impairment (the activities of daily living you no longer perform or perform in pain on a very limited basis), AND the reporting comes to about that 62% in a rating, then your attorney is acting in your best interest.

If there is no accurate reporting yet -- you haven't read either a treating doctor's report or a panel QME report, or an AME report accurately describing your complaints and activities of daily living yet, then maybe not.

If you are really high functioning and you do all you own laundry and all of your own yard work and all of your own house work, then 62% is really high and you should grab it.

If you are wheelchair-bound and you cannot dress yourself or bathe yourself, then 62% is too low.

If you have had the same lawyer from 2007 through 2014, a new lawyer now would have to give the major share of the attorney fee to the old lawyer, so really good lawyers will decline; so looking for a new lawyer 7 years into the job is generally a bad idea.

If you require a 100% permanent disability finding and this lawyer refuses, then a new lawyer is a good idea.



my question is a friend of mine was at a casino and the people working there thought he was acting strange but in fact he has tourettes well...

Question

my question is a friend of mine was at a casino and the people working there thought he was acting strange but in fact he has tourettes well they decide to seach him ( first of all can they do that?) then is it violating his constitutional rights by them doing this. And yes he had allegedly some drugs on him. But what gave them the right to search him.



Answer

The decision whether a bodily search was okay, it was an assault, is based upon many more factsbthn you were able to provider here. Since you describe them as a casino employee, and not a police officer, it would more likely be an assault. But, if he consented, it probably wouldn't be unlawful fr either to search him.

Good luck



aunts 2 nephews living with her since 5 yrs old and gained custody. They are now 47 and 46 respectively. They still live in the same home to...

Question

aunts 2 nephews living with her since 5 yrs old and gained custody. They are now 47 and 46 respectively. They still live in the same home today. aunt now has dementia and is in a home. aunt has no will or trust. Do nephews have any say in handling her financial affairs concerning the house she owns? house is paid off but taxes are about 3 years past due.



Answer

This is why estate planning is so important. Ids there a power of attorney in existance? If not how was Aunt placed in a home? Who is paying her bills. What are the other relatives in the family tree? Whose name is on th edeed to the house. Is anyone on her checking accounts as an authorized signer? You need to meet with an estate planning attorney to determine what the relevant facts are and what you can do. There are far to many unsnswered issues in your question to provide a meaningful answer.



Answer

In agreement with Mr christian; in addition you should seek the advice of a probate lawyer experienced in the preparation of conservatorships and determine if a conservatorship should be obtained of the aunt's person and estate to obtain the necessary powers to resolve any financial/asset problems as they affect your aunt in the management of her person and estate now existing.



I live in Savannah, Ga. My boyfriend is currently in jail here, for accusations of a convicted felon with a firearm. He has not been indicte...

Question

I live in Savannah, Ga. My boyfriend is currently in jail here, for accusations of a convicted felon with a firearm. He has not been indicted but his bond was denied, so he's basically just sitting. Can anyone clarify why his bond was denied if his probation officer doesn't have a hold on him. Also if you know any cases similar where bonds were granted can you lost them, please. Thank you.



Answer

Convicted felon in possession of a firearm is a very serious offense (and if he's already o probation he is in serious trouble). He could potentially do years in prison. If you have not done it, the one thing he needs you most to do is get him a lawyer. If bond is possible, a lawyer will know how to seek it. There is no place to look up trial cases and it really would help you to know that thousands of Georgians have gotten a bond for that offense, and others have been denied bond. Each case stands on its own merits.



can my wife sell our home without my knowledge

Question

can my wife sell our home without my knowledge



Answer

She can sell the house if it is her separate property. She might be able to sell the house if it is community property.



How to divorce my husband who abandoned me after a month and lives in Canada. Haven't seen him since July 2011

Question

How to divorce my husband who abandoned me after a month and lives in Canada. Haven't seen him since July 2011



Answer

There is a procedure under Virginia law to divorce him even if you do not know his present address; it involves having the Court place an ad in a local newspaper, waiting for a response, the going forward with the divorce if no response is received. I suggest you use a local attorney for that process, since it can get a little complicated.



I own a commercial property in Barstow county my tenant is now two months in the rears what kind of letter should I send him

Question

I own a commercial property in Barstow county my tenant is now two months in the rears what kind of letter should I send him



Answer

It ultimately depends on the terms of the lease, but a typical letter would be what is comonly called a "pay or quit" letter. Either they pay all rent and associated fees and penalties by a certain date or vacate the property.



Friday, January 24, 2014

I was on Worker's Comp for two years. I was just wondering if my Vaction and sick time should be accumulating just as if I were working.Wher...

Question

I was on Worker's Comp for two years. I was just wondering if my Vaction and sick time should be accumulating just as if I were working.

Where does it stop and get put on hold



Answer

There is not a specific Labor Code section addressing benefits.

Most employers do not provide benefits like vacation and sick time for an employee not working.

So if there is a collective bargaining agreement -- an employment contract -- wherein the employer has specifically agreed that an employee not working and receiving Temp. Total Disability payments somehow earns full benefits as through they were on the job earning wages, then your accruals would look like you never stopped working.

If not, the employer would not have any benefits accrued while you were away from the job.



how to get custody of a child not related to you.. you all ready have their sibling who is related to you both parents are in jail.. and the...

Question

how to get custody of a child not related to you.. you all ready have their sibling who is related to you both parents are in jail.. and the related family cant take care of the child???



Answer

You could file a petition for such custody in the local J&DR;court

in the jurisdiction where the child resides but before so doing I would

advise that you arrange for a consultation with a local attorney

who handles Virginia family law matters and who should be able

to provide you with valuable advice concerning your claim for custody

of the child in the situation described.



I have been divorced for two years, in mediation I was ordered to pay for healthcare and we would alternate years claiming the kids on our t...

Question

I have been divorced for two years, in mediation I was ordered to pay for healthcare and we would alternate years claiming the kids on our taxes. The children live with me during the school year (mid August - first week in June) with my ex-wife having 1st, 3rd and 5th weekend visitation. She only has them fulltime during the summer (first week of June - mid August) and I have 1st, 3rd, and, 5th weekend visitation. Therefore I take care of the majority of the children's needs. Can I take her back to court in order to change the mediation agreement regarding taxes?



Answer

You first might want to talk to a CPA about IRS rules.

A court in Texas cannot tell the federal government (IRS) what to do.

Either of you can modify your current orders once a year if you are not happy.

Good luck!



I have sold my car to a gentleman who I have negotiated for 3 days. We have agreed the terms of the sale over SMS (messaging) and he told me...

Question

I have sold my car to a gentleman who I have negotiated for 3 days. We have agreed the terms of the sale over SMS (messaging) and he told me his wife was going to come over (to my house) to finalize the transaction. She came with 2 companions, one who did the test drive of the car. Everything was in order and we proceeded to complete the sell. I gave her the title in exchange for a cashier's check for $15,000. I signed the title and gave her a bill of sale specifying the odometer reading. She didn't sign the title as she mentioned that a company her husband owns would register the car. I have called the bank to confirm the cashier's check checks out and it did so we completed the transaction. She left with the keys a few minutes after, but 1 hour after this the gentleman calls me saying that he wants to return my car because he was looking for a car of a different year 2008 instead of 2007, which was my car's make year. He argues that he was always looking for a 2008 and that my add in Craigslist said that year, with both on the line I have explained the ad was very clear and he stepped back and agreed but that he did a mistake and wanted his money back. I have told him that this was an unusual situation and I did not feel comfortable receiving the car back. I made a copy of the signed title with the bill of sale and the ad in Craigslist.

My question is

I am afraid this gentleman will move things into court, so based on my description I would like to know what to expect if that happens and how can I prepare.



Answer

You should collect your evidence such as the Craig's List ad. While the matter is still fresh in your mind. Write it all down. Include names and dates. After that, the ball is in his court. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm



Answer

you owe him nothing. call me if you need a lawyer to fight for you.



I am a registered nurse previously employed with a medical facility. I also worked part time for an organization doing case assessments. My ...

Question

I am a registered nurse previously employed with a medical facility. I also worked part time for an organization doing case assessments. My assessments were made from information compiled by field counselors, and on occasion I have conducted interviews with families myself.

Once my assessment was done the organization could submit documentation for a request of payment to Medicaid. The organization operated for approximately 10 years before being shut down for filing false claims. I worked there for the last 2 years of operation, and I did not know that they were under investigation when I began my employment.

A few months ago I pleaded guilty, made restitution to the SC Medicaid program in lieu of going to trial and possibly losing my nursing license based on discussions with my attorney.

What I did not know and apparently my attorney, who did not specialize in employment law, that there would be a Step 2 in the process. Now the office of the US Inspector General has excluded me for a minimum of 5 years for working with anyone that accepts Medicare, Medicaid, and other Federal health care programs based on my plea. This decision has destroyed me financially.

I submitted an appeal to the US Office of Inspector General in early December 2013. The SC Attorney Generals office has made there response now I need to follow up.

CAN I REVERSE MY PLEA? I am truly innocent of all charges. The state relied on statements given from applicants in the program. Many of them have told investigators that they were not seen by counsels. I told state officials that I can only guarantee that I personally met and interviewed prospects for the program, and I have no way of knowing if the information submitted by other field counselors is true and accurate.



Answer

This is a criminal law question. Labor and employment lawyers aren't likely to be knowledgeable of criminal law too--I'm certainly not. I suggest you repost and designate your question as a criminal law one.



My question involves criminal law for the state of: New YorkI started abusing drugs in 2008.In 2009, I was arrested for grand larceny. I was...

Question

My question involves criminal law for the state of: New York

I started abusing drugs in 2008.

In 2009, I was arrested for grand larceny. I was convicted of petit larceny. No ACD.

- probation completed

- restitution paid

- community service served

In 2011, I was arrested for grand larceny. I was convicted of criminal possession of stolen property. No ACD.

- probation completed

- restitution paid

- community service served

Later in 2011, I went to drug rehab (not court appointed) and completed a drug treatment program. Since then I have gotten my bachelors degree and have been clean from drugs and have stayed out of trouble. I have been offered several jobs from top companies in my field but cannot land a job due to my criminal record.

My questions is: What should I do to get these misdemeanors removed from my record?

So far I have requested a pardon from the governor. (long shot)

Should I hire a criminal defense attorney to vacate the judgement? I feel that I was misrepresented by my past attorney. I should have been placed on drug court. (I was not honest with my attorney about my drug abuse) Could there be possible outcomes to get my record clean? ACD? Drug court?

http://codes.lp.findlaw.com/nycode/CPL/TWO/M/440/440.10

Thanks in advance for your replies.



Answer

There is no expungement of adult criminal records. The best you can do is a Certificate of Relief from Disabilities, Correction Law Section 701. It won't make your prior convictions go away, but it does tend to show that a defendant has been rehabilitated, and at least government employers should pay attention to it.



Someone was going to move in to my apartment as a roommate. My monthly rent is $650 and I told him I would split it and the electric bill. I...

Question

Someone was going to move in to my apartment as a roommate. My monthly rent is $650 and I told him I would split it and the electric bill. I didn't have the Internet, but since he said he would need it home, I got the service ready for him and even offered to pay half of the cost.

He agreed to move in before mid-November. Since my ex took my spare keys, I copied mine as soon as he decided to move in, and handed them to him. I told him I would charge a prorate rent for November. In late November, he gave me $420, telling me that should be enough because he would only be living in my apartment the last week of November and from then on. There were other people who were interested in moving in around the same time as he was checking out my apartment. I was expecting this process to be done more quickly. He would tell me when he would come over to move his stuff in, but he would either not show up or tell me he would be over in a few minutes without asking me if I would be home in advance. Since he insisted I stay home while he moved his stuff in, I had to change my plans a few times, let alone when he did no-call/no-shows.

Thanksgiving passed and he was still not moving in, and was still doing the same "I will be over in a few" when I wasn't home. Yesterday, he said he was coming over later but I was going through some personal trouble and asked him to wait for one day and that I would be ready. He got angry and said, "I don't care about your stuff. I'm not going to get punished for it. I'm coming over to take my stuff."

He had me waited for weeks and when I asked him just once to wait for one day, he totally flipped out on me. He said, "I guess you were not ready for a roommate." But I had copied my keys and got the Internet ready for him. When I told him I couldn't work around his schedule and moods all the time, he got even madder at me. He came over to my place while I was out, but the parking lot was apparently blocked and he couldn't get in. He texted me, "I don't understand why you are so mad at me."

I always felt he was so manipulative, at least selfish. It felt like he had to have his ways or no other way and I had to agree with him. I had already asked him to leave me alone the evening, yet he persistently called my phone. I asked him once again to leave me alone and told him I would turn my phone off. Then later he said, "I tried to contact you but my phone calls were ignored."

He is not wanting his $420 back, but I had to get the Internet service which I wouldn't have had to had he not decided to move in. And the prorated rent I could have collected from other prospective roommate was higher than what he gave me.

The Internet service fees: $26.99/mo. x 12 = $323.88

Equipment, package : $26.99 (one time fee)

Installation fee: $9.99 (one time fee)

Prorated rent for November (which I could have collected from someone else, or from him had he moved in on the date he initially gave me) = Approx. $162.50

TOTAL: $523.36

Do I have to give him back $420? He said he won't return my keys if he doesn't get it back. I'm scared because he is very aggressive and like I said earlier, manipulative. He hasn't signed on anything.

Thank you.



Answer

You're scared? You have nothing in writing to say he agreed to anything, and the fact he gave you $420 would NOT be proof of any particular arrangement. You could consider letting him sue you, or if he has actually threatened you you could consider a restraining order . . . OR you could get an attorney to write a letter to him attempting to return a portion of it and see if he'll bite while at the same time protecting you from him.... Otherwise the best thought I have is to get him out of your life asap and move on.



Thursday, January 23, 2014

I had a mutual fund prior to marriage. Recently I did a lateral transfer from one investment firm to another. I have not added any money to ...

Question

I had a mutual fund prior to marriage. Recently I did a lateral transfer from one investment firm to another. I have not added any money to account since I have been married. My wife and I are contemplating a divorce. I am just wondering if my funds are safe from the divorce? I live in New York state



Answer

That depends. Were the funds in a joint account? If so, they are marital property.



If my wife an I wanted to move out of state, and she and her ex agree that it would be best and sign an agreement to us moving out of state ...

Question

If my wife an I wanted to move out of state, and she and her ex agree that it would be best and sign an agreement to us moving out of state and changing their parenting plan, what is the likelihood of the court refusing us to leave?



Answer

Chances of the court approving an agreement between parents are excellent. You can read more at:

www.OaklandCountyFamilyLaw.com



My ex girlfriend is pregnant and she can't keep it and wants to give it up for adoption but I want to keep the baby myself can she still ado...

Question

My ex girlfriend is pregnant and she can't keep it and wants to give it up for adoption but I want to keep the baby myself can she still adopt it out without me oking it



Answer

If you are named as the father--you sign an Affidavit of Paternity, then she has to notice you and file a Petition to Terminate Parental Rights.

If you are really interested in wanting to keep and raise this baby, then the best thing for you to do would be to file a Complaint for Custody with the family court. The court will not rule on your case until after the baby is born, but this way, you are preserving your rights and putting your ex and the Court on notice that you have an interest in this baby that you are asserting.



i was arrest for 476 a(a) pc.my amount was 4 check $20000.is felony

if i was living with a family memeber in texas and they attacked me and threw me out and destroyed my tv my sons crib and a mircowave how ca...

Question

if i was living with a family memeber in texas and they attacked me and threw me out and destroyed my tv my sons crib and a mircowave how can i go about pressing charges against her



Answer

Call the police and report it. You should have done it right away.



In US District Court what exactly is the purpose of a pre-trial conference? Each side to argue their case so that the judge to determine whe...

Question

In US District Court what exactly is the purpose of a pre-trial conference? Each side to argue their case so that the judge to determine whether the case has enough merit to allow it to go to trial by jury as the plaintiff wants, even though the case is flimsy at best? If the defendant outright agrees to go to trial, will this force the judge to examine the case with great care and, finding that the case has no merit to allow it to go to trial, he dismisses it.



Answer

The purpose of a pretrial conference is set forth in Rule 16 of the Federal Rules of Civil Procedure, with some modification permissible (and likely) under the particular court's Local Rules and the judge's policies and preferences. Generally, pretrial conferences are intended to focus more upon "procedural" rather than "substantive" matters -- i.e., the judge will attempt to establish the ground rules and timetable and perhaps clarify the issues rather than take evidence and decide the case. In rare instances, the judge can dismiss a case when it appears there are no triable issues, but "flimsy at best" (in your opinion) is probably not going to get proven at a pretrial conference nor, if it were, would that necessarily result in a dismissal. If you are defending a case in Federal Court without an experienced attorney, my first recommendation would be to retain one. Otherwise, obtain the Federal Rules of Civil Procedure and read Rule 16, any local court rules of your court pertaining to pretrial conferences, and then look at the numerous Google or Bing "hits" under the FRCP Rule 16 pretrial conference headings, focusing on those that intelligently discuss Rule 16's application in the particular court where you're set for trial. Anything can happen, including dismissal, but that would be highly unusual.



How do I file a requested document with the court? It's not a motion or a pleading. I have already filed my answer and also a motion. Now, t...

Question

How do I file a requested document with the court? It's not a motion or a pleading. I have already filed my answer and also a motion. Now, the judge is asking for me to file some paperwork with the court before the case management conference. What would be the format I use? Would it be a type of brief? Even if it is an exhibit wouldn't it have to be attached to some other type of legal document in order to file and serve it. Thanks.



Answer

Without knowing what it is you are trying to file, there is no way to answer.



Answer

It is not clear what it is you are trying to file. If you have a case management conference scheduled, then you are supposed to file a Case Management Conference Statement. You can find a fillable form for that at the following link: http://www.courts.ca.gov/documents/cm110.pdf



How can I withdraw or amend disclaimer filed in a probate because I did not know the results of what would happen to my share.

Question

How can I withdraw or amend disclaimer filed in a probate because I did not know the results of what would happen to my share.



Answer

You are advised to seek the assistance of probate attorney to advise and file the necessary documents unwind you documentation.



Can an empolyer make you pay an another empolyee OT if you are late

Question

Can an empolyer make you pay an another empolyee OT if you are late



Answer

No. Your pay can be deducted for the amount you are late though.



Answer

No. Employers cannot charge their employees overtime caused by the lateness of the employee, but of course, you can be fired for being late or for any other lawful reason.



if i leave my residential drug program and enroll in outpatient will i be violated

Question

if i leave my residential drug program and enroll in outpatient will i be violated



Answer

Probably. You need permission from your probation officer or the court before you leave your program



Wednesday, January 22, 2014

Can you sue a company if manager makes a threat? Such as, " If you go talk to the owners, it won't be good for you around here." And then th...

Question

Can you sue a company if manager makes a threat? Such as, " If you go talk to the owners, it won't be good for you around here." And then they fire you for no reason.

Kansas.



Answer

Yes. But, you will have to prove damages, and that the was a duty to be upheld, and that the company beached that duty, or perhaps that you are covered by one of the whistle blower statutes.

Good luck



in pa. how long do I have to wait to have tenant evicted for nonpayment of rent?

Question

in pa. how long do I have to wait to have tenant evicted for nonpayment of rent?



Answer

What does you lease say?

John



Uhaul truck hit me and filed claim then car was repoed and now they say I don't have claim

Question

Uhaul truck hit me and filed claim then car was repoed and now they say I don't have claim



Answer

What? Do you have a question? If so, repost and tell us your clear question and the facts so they make sense.



Answer

You haven't asked a question or expkained who "they" is or what your claim is. Please do so (and it sounds like you posted in the wrong area of law) so we can answer.



My daughtets father has been gone for 4 years .i lost my job and i looked for him to help me. He agreed to help me while i got on my feet.I ...

Question

My daughtets father has been gone for 4 years .i lost my job and i looked for him to help me. He agreed to help me while i got on my feet.I let him take my girls to ca with him now he filed for custody behinde my back and got a restrainin order against me what can i do please help me.



Answer

You need to take the pleadings your ex served on you to an experienced family law attorney for review and to assess your legal options.



my brother passed away recently, he had no will, was unemployed for 8 months and didn't own a house or car, am I responsible for his credit ...

Question

my brother passed away recently, he had no will, was unemployed for 8 months and didn't own a house or car, am I responsible for his credit card debt?



Answer

nope.



Answer

No. His estate, if any, is.



Answer

Unless you were a co-signor or guaranteed the debt you aren't liable. There is a chance of indirect liability if you are a beneficiary of the estate but not directly liable so as to say.



I have a 16 year old daughter who went to live with her mom at 14 and her mom allowed her to spend the night with her boyfriend repeatedly a...

Is it legal for organizations to fine volunteers for not showing up?

Question

Is it legal for organizations to fine volunteers for not showing up?



Answer

Yes, although how legally enforceable it would be if the volunteer didn't pay is a different question.



I am 15 and I have been charged with a class 5 felony after being with my friends who set off a few of 'the works bottle bombs' I did not ma...

Question

I am 15 and I have been charged with a class 5 felony after being with my friends who set off a few of 'the works bottle bombs' I did not make any of the works bombs, I just watched. What is a likely sentence I would get for being apart of this? Or would the charge be acquitted because I did not make any of the works bombs?



Answer

Ask your parent(s) to hire an attorney (if such hasn't already happened) who has experience in representing juveniles such as yourself charged with crimes

in the local J&DR;court in which you've been charged.



Ok I bought an amp for my car from a guy over 2 years ago. He told me it was $300. I had $250 ob me and told him when I get the rest I will ...

Question

Ok I bought an amp for my car from a guy over 2 years ago. He told me it was $300. I had $250 ob me and told him when I get the rest I will pay him. Now I have run into him and he said I want my $200 because the amp was $450 not the $300 we agreed on. I'm wondering if there is an I have had it for over 2years and it makes it legally mine law



Answer

I would not pay him more than $50 and would do it by check (to document payment).



is ther a law that allows your child support payments not to grow as you sit in prison for years?

Question

is ther a law that allows your child support payments not to grow as you sit in prison for years?



Answer

No.



As the Judicial Council establishes the California Rules of Court, what corresponding entity makes or establishes the local court rules in a...

Question

As the Judicial Council establishes the California Rules of Court, what corresponding entity makes or establishes the local court rules in a particular county, for example Santa Clara County?



Answer

The judges of the Superior Court set local rules. So, the Superior Court Judges of Santa Clara County establish the local rules.



Can a man be charges child support from Indiana, where the mother does not live any more, and still pay it to Florida, where the mother now ...

Question

Can a man be charges child support from Indiana, where the mother does not live any more, and still pay it to Florida, where the mother now lives, at the same time?



Answer

The administrative child support agencies hate letting go of a case. It is not unusal to have different amounts being assessed by two states. Only a udge can decide whiich state controls.



My mother and father had a trust drawn 20 years ago. my father died 14 years ago, my mother took off the attorney as a trustee, now its only...

Question

My mother and father had a trust drawn 20 years ago. my father died 14 years ago, my mother took off the attorney as a trustee, now its only me and my drug addict brother. is it possible to find an attorney to handle my affairs on a contingent basis? my moms estate is about 5 million.



Answer

I am a trusts attorney and can assist you in the administration. I am usually paid once the estate is ready for distribution.

Please feel free to call me.



Answer

Fees are not set by law in trust matters. You are therefore able to negotiate your fee structure with your lawyer.

I think you want a situation where your fees are paid either directly from the trust, or from your share of distributions once you receive them. If you are the trustee, moreover then the fees you incur in your work as trustee are a trust expense, and the trust will pay them.

It is possible to find someone who will work with your financial situation, though you may have contact a number of attorneys in order to find someone who will do this and whom you trust. Without knowing more about your situation, it is really not possible to make any sort evaluation.



A friend of mine is in some serious debt issues. I've made payments for him in the past using my own checking account, but he is the one who...

Question

A friend of mine is in some serious debt issues. I've made payments for him in the past using my own checking account, but he is the one who totally started the account. He paid so little and I paid considerably more. He claimed someone else started paying and no one really did.

The account was sold to collections and then was sold to another collections again because he missed the second payment arrangement. The so-called "friend" of mine decided to say that this is all under my wrap because I made payments before. Officially, I made no signatures that stated my account ownership and he plans to do anything in his power to get me to pay. Am I liable and how?

Importantly, I only witnessed him making a stupid decision to buy and didn't sign for anything or agree to make payments directly to the original creditor. I'm honestly a little scared because money I don't even have could be on the line if anything is against me.

Thank you.



Answer

People can say anything. Companies can ask you anything. You can't prevent anyone or any company from being _ssholes, but that does not mean you have to be one (paying where you are not liable would make you an _sshole). Anyone asks you to make payment, or threatens you to make payment, tell them to give you a copy of an agreement that you will be liable, of to take a large irregularly shaped object, and cram it up their rectum, and to not call you again, unless they first provide proof of YOUR obligation to them.

PS - there is a very good chance, that after selling the debt 2-3 times, that they now lack the proof necessary to get anyone to pay on the claimed debt, and 90+% of the time, they cannot justify the amount they are claiming. They can call it a "book account", but that means nothing w/o paperwork showing the party actually incurred the debt. You/he can also demand any negative information on your credit report be removed, unless they can legally support the claimed obligation!



Can I bring a lawsuit against my electric company for loss of power during an ice storm? Power has been off 4 days so far. Lost tropical fis...

Question

Can I bring a lawsuit against my electric company for loss of power during an ice storm? Power has been off 4 days so far. Lost tropical fish , all food in fridge and freezer had to eat out every day, etc... Stayed at th home in freezing temps cause we couldn't afford a hotel. If th power companies would either put the lines underground or top all th trees so that none could fall on th lines... This wouldnt happen



Answer

Seriously? No.

Check your homeowner policy to see if there is coverage for spoiled food etc.



My 20 yr old son, who was a passanger with his friend driving, recvd a ticket for transporting unopened beer. He admitted they were his.

Question

My 20 yr old son, who was a passanger with his friend driving, recvd a ticket for transporting unopened beer. He admitted they were his.



Answer

A conviction for minor in possession of alcohol may not have terrible punishment from the court, but the DMV can suspend his license for a year.

For those reasons, it's worth an attorney to see what can be done - either legal or factual defenses or other ways to avoid a conviction that gets reported to the DMV.



Tuesday, January 21, 2014

Can i Recieve a reduction per 17(b) for an offence which got a three year suspended prison term and three years formal probation?

Question

Can i Recieve a reduction per 17(b) for an offence which got a three year suspended prison term and three years formal probation?



Answer

An attorney would have to know the exact underlying charge. Some felonies are "strict" felonies.



I have an incorporated entity which purchased the assets of another incorporated entity. Included in the assets were two DBAs. I need to off...

Question

I have an incorporated entity which purchased the assets of another incorporated entity. Included in the assets were two DBAs. I need to officially transfer them to my corporation with the New York Secretary of State. I have the original filing receipts from when the other corporation got the names. I also have my purchase agreement stating I purchased the assets. That said, how do I go about transferring the names? Is there a specific form for this? Thanks.



Answer

You will need to file Amended Business Certificates.



Answer

Generally speaking, DBAs are directly tied to their parent company and are not sold independently. It is possible to undo this connection and have you use the DBA but there is no one form to do it. The additional complication is that since you purchased assets of the company and not the company itself, you will likely require additional permissions and paperwork from the seller.

BTW, relatively speaking, this should not be an expensive endeavor and I can assist you with this.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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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.



A few months ago I got a miner sergery done as a result of that sergery the tool that the doctor used hurt and damaged my small intestent, a...

Question

A few months ago I got a miner sergery done as a result of that sergery the tool that the doctor used hurt and damaged my small intestent, after being in pain for a couple months thinking that I am healing from my sergery I went into my doctor's office and explained to him the pain I'm dealing with, after a quick look he gave me a bouncy of peels some ointments and told me to try those for about a month, after trying everything he told me I went back to him and told him nothing helps with the pain, he then sends me to a specialist that now says that I need sergery in full anastigia to fix what the other doctor did, can I take this to court ?



Answer

First you need to know whether the care provided by the first doctor fell below the standard. If that is the case then you may go forward with your claim.



Answer

Greetings! If the doctor's standard of care fell below the standard of other professionals in his field then you have a case. Specialists have higher standards of care as opposed to general practitioners.



I have two issues really. The first involves my child support - my amount was put in effect when my former wife and I divorced 18 months ago...

Question

I have two issues really. The first involves my child support - my amount was put in effect when my former wife and I divorced 18 months ago. It was based off an amount I was making then and haven't made since. When the amount I was making went down six months later I kept paying as much as I could, and the WISCTF called and called. And they told me I wouldn't be able to decrease the amount, that I had to be paying for at least 2 years before a judge would even consider my issue. So I kept paying as much as I could. That included 2 summers that my son was with me 95% of the time. Then, he and his mom lived in Sheboygan county (WIsconsin) and me in Michigan. We have joint custody. I have now moved to Wisconsin and I'm hoping to achieve joint placement. My son and I are very close and I miss him so much! His mom is allowing some placement rights, but not nearly equal. So I'd like to achieve joint placement AND work toward a new child support order. Thank you so much!



Answer

All of this will require a Modition to Modify. The first is placement if this summer arrangement will be like this. Second a Motion to modify support based on the new income. You can file there (based on local rules) every month, but eventually the court will stop listening. There is no two year standard on support.



From what I understand, Federal Courts have authority over Superior Courts, but Superior Courts do not have authority over Federal Courts, s...

Question

From what I understand, Federal Courts have authority over Superior Courts, but Superior Courts do not have authority over Federal Courts, so my question is:,,,,Does a Superior Court Judge's ruling/order have jurisdiction in Federal Court? ,,For example, if a Superior Court Judge orders a person to not bring any cell phone to ANY COURTS in the State of California, (because that person had been caught using his cell phone to text a message while sitting in court, while court was in session and was disciplined), can that person bring his cell phone into Federal Court, since the Federal Court never made an order barring him from bring a cell phone, but the Superior Court did make the order.



Answer

Your knowledge of federalism is seriously flawed, but a state court's order does not extend to the federal courts. The Marshalls will take your cell phone away from you at the front door for other reasons.



Answer

I have no idea what you mean when you say that federal courts have "authority" over superior courts. I also have no idea what you mean by "jurisdiction in Federal Court."

In the example you give, no the state court order would have no bearing. The federal court judge will likely have a rule barring cell phones from his or her courtroom, however, and the bailiff will confiscate any phone he sees being used in the courtroom.



In california, if a deputy district attorney made a plea deal with a person who plead no contest to killing a person, and was given involunt...

Question

In california, if a deputy district attorney made a plea deal with a person who plead no contest to killing a person, and was given involuntary manslaughter, and hasn't been sentenced yet, can this person still go to a jury trial if new evidence has been aquired that would help in a trial? If yes, how would someone in the public get this person to a jury trial?



Answer

The defendant would have to move to withdraw his/her plea.



Answer

I agree with Mr. Shapiro.



I have read the California Renters Rights Book to obtain knowledge on some issues with my landlord. They sent a "good faith estimate" within...

Question

I have read the California Renters Rights Book to obtain knowledge on some issues with my landlord. They sent a "good faith estimate" within the 21 days but did not include any names or contact information for the companies they are using for cleaning and repairs. They also way over estimated each item, included items that were already there when I moved in; these item were noted on my initial inspection and now, over a month later, they are trying to add things to the "estimate". Can they do this? According to the California Renters Rights book, they are also REQUIRED to include the cleaning and repair companies they are using on the "good faith estimate" if they were waiting on invoices. Am I understanding this correctly? They did not include any of that information. Move out date was June 8, 2014. Today is July 21, 2014 and still nothing.



Answer

If they did not properly give you an estimate of the deductions and payment of the remaining balance within 21 days, then they are required to give you a refund of the full deposit without deduction. Send them a demand for a full refund citing the 21 day period, and if they don't pay, take them to small claims.

If you are not satisfied with the estimates they provided, send them a demand for a more detailed explanation or partial refund. If you don't get it, sue them in small claims.



My fiance has 2 children with the children's father. They were never married, never filed a custody and visitation order as well as a child ...

An attorney (not mine) showed me an e-mail from his client (that I believe privileged) to support his argument against me three years. I do ...

Question

An attorney (not mine) showed me an e-mail from his client (that I believe privileged) to support his argument against me three years. I do not know whether his client knows or approved this disclosure. In this circumstance, can I demand more email on the same subject from the same client to the same attorney?



Answer

No. You cannot demand to see privileged documents. If he disclosed a privileged document to you without the client consent, that client may have a claim against the attorney (probably just an ethical one though.)



Answer

I agree with Ms. Karila, though I would need more details before I could offer any concrete guidance.

Note that not all communication between an attorney and his client is privileged. Your belief that this one is privileged may be incorrect. Even if the privilege would normally apply, the client may have waived it.



Answer

What you are talking about is waiver of the privilege. That is a very complicated subject and the outcome of a dispute over whether certain conduct waived the attorney/client privilege and to what extent is specific to each case. It would have to be determined on the basis of a detailed review of what was disclosed and the exact circumstances of the disclosure, along with an analysis of the exact legal precedents that apply to those specific detailed facts. So you can demand whatever you like, but whether you will get it or not is a whole other matter. You can count on a big fight about it no matter what, unless the attorney doesn't think the additional emails you demand are privileged (not every communication from a client to an attorney is privileged), and in any case you will never get a reliable prediction of the outcome via the internet.



Answer

I agree with everything previously said and would only add that if you demand these documents a judge, not you or the other attorney, will likely have the final word on the subject.



I am going to be entering into a partnership and forming an llc with a person who has been doing lawn maintenence for himself, but has not k...

Question

I am going to be entering into a partnership and forming an llc with a person who has been doing lawn maintenence for himself, but has not known about workers comp ins, sales tax, etc... If I form this llc with him am I responsible for his prior actions prior to the formation of the llc???



Answer

Further details of all the facts would need to be known in order to provide you with legal counsel. Generally, of course, if one has no knowledge and no responsibility and no involvement in wrongful acts of another, a person shouldn't have cause to feel worry. However, the fact that you felt the need to post of the issue on a general legal information website raises concern. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Small Business Formation Attorney, Minnesota Criminal Defense Attorney, http://dwyerlawfirm.net



My son's dad was killed in Mexico in 2004. His body has not and will never be found. My son cannot collect social security survivor benefits...

Question

My son's dad was killed in Mexico in 2004. His body has not and will never be found. My son cannot collect social security survivor benefits because there is no death certificate. How can I have my son's dad declared dead (10+ years later)?



Answer

After 5 years you are allowed to file a Probate Petition for a missing person who is presumed dead. I'm sorry nobody told you to do this sooner. There is a special section dealing with a Probate for a missing person. You must file in the last County where your son's father lived in CA. If he wasn't living in CA at the time, then you will need to consult an attorney for the state where he was residing and they probably have a similar statute.



I am forming an LLC in New York but my business is actually in New Jersey. Does it matter what county I meet the publishing requirement in s...

Question

I am forming an LLC in New York but my business is actually in New Jersey. Does it matter what county I meet the publishing requirement in since I don't have business set up in New York yet?



Answer

You may have a more foundational problem of having to register in two states where there may not be any reason to.

My office has a special offer for LawGuru users where we can conduct a limited review of the matter at a total cost of $198 including a telephone consultation. You may find that you will save more money than this fee. To take advantage of this limited offer please go to:

http://thelegalist.wix.com/roman-fichman-esq-and-assoc/lawguru2

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Representing Start-Ups in NYC's Silicon Alley

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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.



I signed a lease for an apartment about a month ago with the move in date for may 1st and they now tell me that the apartment is not vacant ...

Question

I signed a lease for an apartment about a month ago with the move in date for may 1st and they now tell me that the apartment is not vacant yet so I cant move in until late this month is that a breach of contract? this is such an inconvienice for me. is this grounds for breaking a lease?



Answer

Yes, depending upon the exact wording of this contract, it could

be a breach, but probably not a material one that would justify your

"breaking a lease" (my opinion).



do you need a solicitors permit to sell art in San diego at the beach

Question

do you need a solicitors permit to sell art in San diego at the beach



Answer

Without specifically checking San Diego Municipal Codes re "Vendor Permits", the answer is yes. You should contact local city/county land use office and ask specifically if one is required and if so what it takes to get it as i would guess the permit has time and space restrictions.



The sheriff in Philadelphia pa delivered a writ of possession it had words covered with white out and the prothonotary did not sign or date ...

Question

The sheriff in Philadelphia pa delivered a writ of possession it had words covered with white out and the prothonotary did not sign or date it it only had their stamp on it is this legal or invalid



Answer

No one has seen the papers to know. Something seems strange. If find it hard to believe that a sheriff would deliver a made up form.

I suggest that you go to the court which issued the writ and see if it is indeed on file. If so, you have to leave the property in 10 days unless you posted bond and appealed.

If there is a valid writ of possession filed, you need to speak with a local landlord tenant attorney or legal aid.



my father passed away last year, he left a will in which my brother is the Executor. His will stated that all his assets were to be distribu...

Question

my father passed away last year, he left a will in which my brother is the Executor. His will stated that all his assets were to be distributed equally amonst his 4 heirs. To date this hasn't happen, are there laws pertaining to execution of a will?



Answer

The question you have posed does not have sufficient facts. When did the father die? Was a probate petition filed? What stage of the probate proceeding is the matter weith the court if petition for probate filed?



Answer

The administration of a will does take a reasonable period of time to complete. You have not provided any information as to exactly what, if anything, has been done. Is there a large enough estate to require probate? Has a probate proceeding been started? Have you seen an inventory? Is there an attorney for the estate? If you do not understand the questions or know the answers, perhaps you will want to either call the estate attorney and ask questions or engage someone to represent you in the matter.



Answer

Wills have to be probated and they are executed by an executor or executrix who is appointed by the court to act with what are known as letters testamentary.



Is there a period of time after not seeing or even talking to my wife, that we could be considered Divorced? I have attempted contact a coup...

Question

Is there a period of time after not seeing or even talking to my wife, that we could be considered Divorced? I have attempted contact a couple of times with failed results.



Answer

No. You would be considered married until death do you part. However, the date of separation could be important when dividing assets and debts in a dissolution proceeding. The big question is why neither of you has filed for divorce if you're no longer living together, etc.?



Working as a contractor with company A, new contract awarded to company B. Will be laid off at the end of the month due to company no longer...

Question

Working as a contractor with company A, new contract awarded to company B. Will be laid off at the end of the month due to company no longer holding contract but have been offered same potion with company B at a 27% pay cut and less favorable benefits. Would I be eligible for unemployment as the offer is substantially less favorable to similar work?



Answer

I think you would since the one company is terminating you. If you get denied unemployment, you would then have 20 days to appeal. Feel free to contact us if you need further help with this process. Thanks.



My husband is executor for his mother's estate. The estate is out of money, and the house is currently on the market. There is a mortgage on...

Question

My husband is executor for his mother's estate. The estate is out of money, and the house is currently on the market. There is a mortgage on the house, and he received a settlement check sent to him, in his name only (not "executor" or "estate of"). This was compensation from the mortgage company for having made a more expensive loan than a loan for which his parents qualified. The question is: Is this check considered part of the estate? Or can he split it with his siblings?



Answer

Why was this check sent to your husband?

If the mother owned the property and had the mortgage this should be part of the estate. I don't understand why it was sent directly to your husband. Did the mother have a will and leave the house to your husband? Have all of the debts of the estate been paid?

Your husband needs to consult with a probate attorney who practices in the county where the estate is pending. The attorney is going to have to review the check and the will and what has been done thus far.

My gut reaction is that this money belongs to the estate and that it will be distributed as per the residue clause of the will, once all the estate debts are paid. I cannot imagine why the money would not be a part of the estate and exempt from creditor's claims. I also think the mortgage company screwed up here by not making the check payable to the estate. If that is what indeed occurred, the proper thing would be to have them reissue the check rather than have your husband just sign it over to the estate.



Monday, January 20, 2014

can I fire my attny at mandatory docketinig 2 days before jury selection and how ? I just lost my motion to suppress he used the police lies...

Question

can I fire my attny at mandatory docketinig 2 days before jury selection and how ? I just lost my motion to suppress he used the police lies on my report because he told me the judge would believe their lies more than my truth. The actual truth is the evidence obtained from the vehicle belong to the vehicles owner who went under oathe to testify to that but my attorney never ask him that only questions like if he knew me etc... I have to date given him 4thousand dollars and he want thousand more to go to jury trial. My charges are possession of meth and paraphelnalia . I was a passenger of the vehicle the owner was driving we were both taken to jail for same charges however the owners charges were no billed. owner doenst have a prior felony record I have 11 felonies.



Answer

You have the right to an attorney of your choosing. However, your situation is a little different since you have a trial starting. The judge may or may not let your attorney off the case. Just document your issues, and also let your attorney know your issues, in case it is needed for an appeal.



Can a court test you for drugs even if your charges aren't drug related?

Question

Can a court test you for drugs even if your charges aren't drug related?



Answer

Yes, if it is imposed as a condition of probation.



Answer

Yes if you are found guilty or plead guilty. Possibly bail as well but that would be much more uncommon.



How can I file a homestead on my house to protect my house from liens creditors? Greene county Missouri

Question

How can I file a homestead on my house to protect my house from liens & creditors? Greene county Missouri



Answer

I'm not sure what you mean by "file a homestead." If a creditor has a judgment against you, they may already have a lein against real property that you own. But, such a lein allows you ADN exemption of some of the equity. If you have a lot of equity, you might need to file fur bankruptcy protection. If the home was collateral or security for a loan, bankruptcy might not prevent execution of the security interesr.

If yiur spouse recently passed away, you are allowed s homestead exemption from others getting the home by will it descent.

If you still have questions, you should consult directly with a civil or probate practice attorney in your area.

Good luck



If I co-sign a loan for someone, can I put a lien on their home until the loan is paid back

Question

If I co-sign a loan for someone, can I put a lien on their home until the loan is paid back



Answer

If you give someone a loan, and an express term of that agreement is that you will put a lien on their home until the loan is paid off, then yes. However, if that term was not part of the original agreement you made when you co-signed the loan, then you will not be able to put a lien on their home. It would not be valid.



A person was found deceased in their rental apartment by the property manager. The family was notified and told by the property manager a no...

Question

A person was found deceased in their rental apartment by the property manager. The family was notified and told by the property manager a notice for unpaid rent was posted but, due to the fact the tenant had died, rent was not paid. The property manager has now changed the locks and the family is unable to process the removal of the deceased tenant's possessions. The family was not given notice by the property manager that this action was going to take place. The tenant was found deceased on Tuesday, October 21st and the family returned to his apartment and found the locks changed today, Friday, October 25th. What rights do they have to gain access to the apartment on behalf of the deceased relative. The adult children were notified by the property manager and that person never advised them this action of changing the locks would take place.



Answer

It depends on whether the landlord has obtained a writ of possession. If not, changing the locks is illegal. Contact a local lawyer.



I live in Northern California, Central area. I have been round and round with the judges and the mediators, and recently my child said he kn...

Question

I live in Northern California, Central area. I have been round and round with the judges and the mediators, and recently my child said he knew the mediators husband. So I went to his work, (a dept. of justice job) and asked him on his lunch why my child knows him from a photo? He claimed he did not know. I revealed no names to him, my or my sons, i only showed him a photo. The following week, i was approached by the sheriff in the courthouse. He demanded I tell him why I "went to see" that man. I responded "What makes him think that it was me who went to see him.? " Now remember I didnt tell him my or my sons name. When I asked how he can say it was me, he responded with a question, "Well how do you know him?" Then I was told that I am "not allowed to go to the parole office". I asked if he "Have you got a Restraining Order signed by the judge for service on me? Or some sort of summons ?? " He said "No" so I said "Well are you detaining me or am i under arrest?" When he said "No" I then told him "This has to be a Mutual Consent encounter then! And I am NOT mutually consenting!" When I walked away, He began to say some other things about where I am "not allowed to go". Then I got upset, I turned to him and said "Hey, check this out, You go on in to the back there to where that Mediator and her best friend the Judge is and tell them that the minute they stop sending that mediators COURT LIAISON HUSBAND TO HAVE SESSION MEETINGS WITH MY EX, AND MY KID, is the minute I will quit visiting her HUSBAND at his work! Until then.........etc....they can...etc...!" Then I got my forms and left! But i did stop by the security desk and ask them the sheriffs name and badge no.

When I did that, I went outside thinking the audacity is like WOW!!!!!

So I drove DIRECTLY to the Parole office and made a report against the officer (who i approached with a pic of my son,) with two of his supervisors, and included the fact that he sent me a letter roughly ten years ago. The letter was sent to me 1 3/4 years prior to the current cases initiation, and over 4 years after another judge expunged me from that conviction that he was sending me a letter about. The letter was for non-payment of a fine from the conviction where I only paid some of it. But I had received a letter from his office saying i was discharged 9 years before the letter he sent saying i was still on probation. However, it was 4 years before that when I was expunged by the court.

When I made the complaint, I told the supervisors he has either been running my name back then when he sent me the letter claiming I was on probation still. So he had to be:

1. Running my name for personal use likely for the purpose to share information with my ex, because i had not been in any mediation with his wife for 2-4 years before that. which leads any normal person to believe that likely it was not ran for any reason she asked and or was not ran for her.

Or

2. It could also be that he did it because he was looking through the face pics to see who i was, because he wanted to tell his wife about that visit to scare me or to threaten me silent but certainly it was for personal use, and obviously it was just to identify who i was. But he could not have felt threatened because he knew I did nothing but ask him why my kid knew him in a picture. Then tell him the process server would be in touch with him. So that is not in any way frightening and not reasonable to use the justice files to review.

Like i told his supervisor "I approached him where many criminals are, where he should be used to dealing with them, and im a: Petite an pretty, small framed girl who is smart, i am not very intimidating. So, either way, he should not be doing using the files for his personal use, and its not like i went to his house or anything, he works where he deals with criminals daily. Likely it is not that I am not any physical threat to him!!!"

3. Then there was the third possible reason, i said if he did not run my face recently then he did meet up with my ex and son in exparte to watch them interact for the court and he already did know who my kid is, and likely was sent by his wife that mediator or my ex, who is friends with his kids. (I based that conclusion on the sheriffs approaching me and telling me to keep away from his work, the parole / probation office!)

So if he did know me directly off, either he knew my kid, and or hes been running me for information re: me for my ex who is just an un-employed public citizen and not a dept. of justice employee who should not be allowed to access and or be provided my information without a warrant or a order from the court.

Its highly unlikely he was doing it for his wife since my case with her from way back was well buried by the time of the initial letter he sent prior to the current case.

He simply shouldn't have known who i was by sight nor my son from a 2 year old picture unless he met him face to face! (And Because I wore Large Gucci Sun glasses and Ball Cap)--I chose a picture that was two years old of my kid, because that was how long ago the meeting happened between my kid, my ex, and the parole guy husband of mediator. Whatever the reason was he certainly should not have been able to tell by looking at me who exactly i was......

Three days later I get a call from the Mediators supervisor / Pro per desk manager (kinda seems like a conflict of interest job title to me but its whatever) telling me that the papers I just filed can be served by the pro per desk, (it was a motion to vacate a dismissal due to non appearance due to incarceration for a couple *no charge filed against me by the dist. attorney*) and I still had not served the adverse party the motion to vacate the default judgement.

When I called her back she also said she removed the parole officers wife my mediator from my case due to mediator all the sudden telling them there was now a conflict of interest between both mediator and parole officers kids and my ex.

So you know, I didn't file anything with the court to get mediator off my case at that time, she was just removed and a new one appointed. She then asked me if I was planning on entering any new files based on the conflict of interest. When I said "YES! I am planning a motion to vacate the entire case due to failure of the mediator to disclose the conflict of interest and her misconduct in my case!"

(Did i mention i heard her husband is suspended now and that his bosses are now wanting me to fill out a written complaint on their form for formal complaints yet?)

Yes, shortly after the mediators boss called, I got a call from his supervisors, and they asked me to fill out the formal complaint form. so i think he is in a bit of trouble.

Ok, so in all of the shuffle the part i forgot to tell you is that the mediators supervisor is telling me to file a motion to list all of the bad things my ex did over the years, and all the dirt in it, and request my motion to vacate. At one time I had an attorney, and she went as far as to approach his paralegal to ask him to aid me in the filing of the motion and what she wanted in it. She claimed supposedly to him she was going to "talk to them and help me get it through" so here are my questions......

1. Is this some sort of set up, are they wanting me to file this motion with all of my ex's faulty stuff in it so they can say it is my final "accusation in attempt to alienate him from my life and sons life" in an attempt to keep my child from me all together?

or

2. Are they realizing that they really "messed up this time and need some damage control" to save their butts, and are willing to send me my child to keep quiet since she told my old attorney contact that they do NOT want my mediators name in the vacate motion at all!???

or

3. Are they just trying to get me to appear as though i am conspiring with a different court official so that they can claim i didn't disclose some information which mediators supervisor told me, if i fail to state in my pleading she told me to file this? Then get my son taken away from me forever??????

Call me crazy but, this whole thing screams conspiracy and group effort like the mob or organized crime faction employed by the state county or other in attempt to defraud me and remove my rights to parent my child and raise him, and be in continuing contact with him. I SMELL SOMETHING AND ITS SCARY AND ITS WRONG!!!! What do you think??? H-E-L-P????



Answer

To me some of this just does not make sense. Let's cut to the chase. Why did you go anywhere to confront the mediator's husband other than to make a scene? He has nothing to do with your case. File a motion on the conflict and move on. You go and file complaints about things that happen years ago supposedly with the same person.

Of course the mediator asked to be removed from the case. With all the drama of course. Mediators have a specific role. To help mediate the dispute between the two parties. If you don't mediate, it goes to the judge. There no no such thing as a motion to list all the bad things your ex has done. There is no motion to list the dirt as you put it.

If there is a hearing and the information is relevant and admissible then use it otherwise you a just adding drama and emotion where it does not belong. It sounds like you missed court dates for being incarcerated that you could have notified the court what was happening but did not.

Just based on what I read here you need an attorney and some other professional help. Stop doing this by yourself. The case already sounds like a disaster going worse.