I'm a stay at home dad of 5 years and my wife has told me that she wants to separate. She told me that I will receive a document to that effect this week. She tells me that it doesn't contain any details regarding finances, but I'm concerned that by signing it, I'll considerably weaken my position to claim financial support from her.
Should I sign the agreement?
NO!!!!!!! Don't do anything without calling a lawyer. Call me anytime at 732/773/2768.
if i have signed a none compete with geographic restriction 20 miles radius.i am over 20 miles walking distance and over 25 miles driving distance , but straight line is 18.5 miles.i did verify the distance with attorney and he said walking distance is how law measures.how dose texas law measure the distance ? what is the consequences if i open my business less than 20 miles straight line.
I would have thought the distance would be measured "as the crow flies" unless there would be some reason to use a different measurement. Regardless, there is no way to know the consequences of opening your business within the protected radius. First, one would need to read the agreement. Then, one would need to ascertain the likelihood of the holder of the restriction pursuing action against you.
It would probably be a good idea to consult with an attorney.
I no longer have an attorney and my daughter's father does. She filed for a hearing next week today only for one issue we currently have pending. How do I object to this hearing, request another time in which all outstanding issues are heard, and require him to appear in person?
file a motion to set cause for trial.
a 2 party check was sent from the insurance company to the mechanic that was repairing my car. The check was made out to me and the garage. The mechanic forged my name (insurance company sent me a copy) and deposited the check in their account. the car was returned to me but it was not finished.
the insurance company is trying to get the mechanic to complete the job.
Should I report the mechanic for forging my name? Who would I report it to?
Notify the insurance company you never endorsed the check. It is a forged item that they can seek a return for through the banking system. It is not your check, so nothing to report. Up to the insurance company to pursue an action against mechanic if they choose.
Is it possible to have a felony record reduced to a misdemeanor.....this is 26 years old and subject has had no infractions since.
If you already plead guilty you can't reduce the charge.
www.Legalphilly.com Attorney Michael Kotik, Esq. 267-265-4553
What do you name a pleading where the court erred by allowing a paternity hearing/trial to come before the court absent service upon the mother and only proof of service on the assumed father? So I need to obtain a reversal of the entire case due to the paternity portion being the basis of how the case will play out. I believe it to be harmful err, since I certainly would have fought it initially.
Also, how long following the trial/hearing do I have to file this motion? And what if it was after appeal that was not filed complete only partially and then the case was closed?
This is not the appropriate category for this question. This category concerns the rules and regulations governing the practice of licensed attorneys in California.
You need to speak to an attorney in person, because your question is very confusing. I suggest an appellate attorney who has handled family law and paternity matters, since that appears to be the area of law that you seek.
My wife and I are getting a divorce. She texted me saying that she went to the doctor and she could get hip replacement surgery in a few weeks and wanted to know if she should go ahead because it will less cost to do it know versus next year. What obligation do I have to help pay for this surgery?
You have no obligation to pay for her hip surgery. However, her health and inability to work are factors to consider in evaluating alimony and property division. If you are contemplating divorce you should not take on any "unnecessary" debt. There are other issues to consider that are too numerous to discuss on this forum. If you wish, contact me to discuss in greater detail.
how much jail time will I receive for failure to report an address change to my probation officer
I'm assuming you have received a summons to appear for probation violation. Contact me to discuss your situation. "Jail time" is not an absolute consequence. I have had great success with violations much "worse" than this technical violation.
I agree. Get an attorney and you might just be ok. Is this in Westland? I work there a lot.
I got into an accident with someone. We decided to settle on our own and I have a auto accident release form prepared. My question is if they are the person that got in the accident but are not the legal owner/person on the registration can they sign it binding the legal owner to the agreement or does the legal owner need to sign it? The person is above 18 so they can sign a contract.
It would seem to make sense that you have this agreement reviewed by an attorney. You would be well-advised to have the operator and the registered owner release you. One person cannot legally bind another.
I got a designer to make a parody of the coco cola logo and they gave the commercial rights. Can I use it in my clothing line?
The design has the red circle and bubbles, but the bottle is of a woman and the coco cola font he made.
Generally speaking, using trademarks in parody is completely different from using trademarks in commerce. Any potential uses need to be evaluated on a case by case basis.
For assistance on this please ping me offline.
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.
Back in june/july of 2013,my mother and I were kicked out of the man we were living ins house,after some violence at night.He threw a wine glass at her,then called the police,and they took her away.He then put a 7 day restraining order on her,and wouldn't let us get any of our stuff.He put everything that he wanted to put outside and said we could go pick that up,but he still has my mothers table,and chairs,and all of her baby photos of my sister and I.We were living in the house with him,and this wasn't the first time this happened.Before we were thrown out,she signed a renters contract,so we paid rent to him every month aswell.Doesnt that mean that he has to give us atleast a 3 day notice before legally getting us out?
You need to consult with an attorney in more detail. It is not clear whether you were leasing the entire place, or renting a room as a lodger.
in December of 2013, I went into a right to survivorship deal on a condo with my son a realtor, I Didn't not know that if I get sick and needed money or financial hardship I could not sell and get my equity out of the property with out his consent, my wife is furious she is not on the deed.
My question is how can you terminate a right to survivorship with only 1 wanting the sale of the property
Thanks
You needed to ask this question when you went into the deal. Unless you argue that you lacked mental capacity or that your realtor son used undue influence or some other reason that he over-reached and had a fiduciary duty to you that he breached, and that for that reason the deed should be set aside or changed, you are stuck with the deal you made. Did you contribute money to the purchase? If yes, you may want to consult with a local lawyer to look into the options available to you. If no, what is your and your wife's complaint?
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
What happens if a minor is written a youth court referral form for a MIP, but they wrote the wrong name and birthdate but my legal guardian signed it? Is this a ticket?
Technically it is an ordinance violation that will be resolved through a diversion. You might want to have the name corrected, so that the CCounty Court does not pursue further prosecution.. But, as it is now, if the minor gets charged again, for a separate act, it might not appear the new Court that the minor already used their youth Court option.
Good luck
Does a woman have to name a father on the babies birth certificate by law?
No, a lot of them don't. It also has no legal effect on the father. To establish paternity requires the child to be born during a marriage, a DNA test, or the father acknowledging paternity on the Affidavit of Parentage form.
A summary appeal was filed in the fourth district court of appeal for my son charges of aggravated assault with a weapon. There was no victim injury,and he had no criminal past except one grand theft under $5000, but he was sentenced under Florida law for 20 years minimum mandatory. He lost his 1st direct appeal and now his second 3.85 appeal.Per curiam affirmed on 2/27/14 and mandate issued 3/28/14. The attorney was negligent and just advised me of all of this on April 1st...4 days after the Mandate expired. I want to appeal the Mandate... Can I appeal the Mandate? What are my legal options so that this case can he heard again..? How can I get it to be filed with the Fl Supreme Court? Are there any other Courts for me to appeal? What are the time limitations?..please help..urgent
Since I don't do a lot of appeals, you need to find an attorney that handles criminal appeals. You must do so immediately, because there are always strict time limitations when it comes to appeals. Do not delay, hire an attorney that can give you answers and advise you on whether or what kind of appeal may be allowed.
Do I have a legal right to ask for a copy of my father's Will? He passed away and my sister has the Will. They live in Missouri.
In Missouri, a will is just paper until it is submitted for probate. Once it is submitted, it becomes accessible to all potential heirs or devisees through the Court. If this will is still in the hands of your Sister, you may need to apply for letters, for an estate for your father, and state that the will is held by her. The court may be able to compel her to appear and produce the Will(s) that she has in her possession or control. It would have to be done in the jursidiction where your father was domiciled, or his property was located. It also has to be done very soon after death. If you are still interested, you need to consult directly with a Missouri licernsed attorney very soon.
Good luck
I received a call today from an agency claiming to be a collection agency for a payday loan that was told I took out in Jan. of 2011 online for $250.00. I was told that now due to late fees, etc., that I needed to pay them $430.00 or they would take further action against me. I offered to set up a low monthly payment amount but am unable to meet the amount that they want me to pay as my husband died a year ago. I told them that the most I am able to pay back per month is $50.00. They told me that there is nothing that they can do for me and that they were going to proceed with action against me. Can they do this if you are willing to try to pay this back? I need some help and advice please as I do not have the money that they are asking me for.
Yes, it has the theoretical right to pursue you even if you are willing to pay this back. In all likelihood it will do nothing. It if does, in all likelihood it cannot prove the debt according to the rules of evidence.
The $430.00 may or may not be bogus depending on the terms of your contract, but payday lenders often cannot be sued because they are hard to find.
Jed
Jed Berliner, Lawyer
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How do I find an attorney in Maryland to represent a parolee for a hearing before the Parole Board?
Search listings.
I was under suspicion of stealing from employer, although it could have been other employees he seemed to like me for it. This was 8 years ago. I was terminated but never heard anymore about it. Yesterday i recieve a letter saying if i want my 401k money then i need to pay him 500 by money order and sign a paper basically saying i am guilty. He said there is no statue of limitations but i found out that he had filed criminal charges but the were nolle prosequi. I sent back only the form to receive my money but it was not released. Instead he just sent the paper again admitting guilt and requesting 500. If it was nolle prosequi am i done with this and what is he doing? Is this legal? What should i do?
The prosecution may recharge after entering nolle prosequi, so it would not be in your interest to make any statement admitting guilt.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
If the total amount of theft was under $500 (old law, today it would be $1000 for a felony), then after a year you are probably fine. If this was more than $500, you could be re-charged at any time and may want to consult with a lawyer.
I lost a civil fraud case and now the plaintiff wants to file criminal charges against me
The civil case took place in Toulumne County California and he talked to a attorney in the county I live in which is San Jouquin County. I don't understand
Why it would be filed in a different county than the civil suit. Please advise
Thank you b
Only district attorneys file criminal charges against people. It sounds like he told you that he was suing you for "malicious prosecution." That's not a criminal case, but a civil case with a criminal sounding name on it. A malicious prosecution suit can be based on a previous civil case that the new plaintiff (who was the old defendant) claims should have never been filed in the first place.
Whether or not the county of filing is appropriate is not clear right now. I would need more detail.
I agree with Mr. Roach. Jurisdiction may exist in several counties. You should talk to an attorney, although an attorney may not be able to fully answer jurisdiction questions until she/he sees a copy of the complaint. If it criminal charges you should see an attorney right away.
How much time would someone get for retaliation/obstruction in Texas?
It is a felony of the third degree (2 - 10 years) unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree (2- 20 years). Probation is also available.
security deposit return regarding painting. Tenants attempted to putty nail holes missed alot now we have glaring white patches on light brown walls. Also, some walls very dirty and pencil and crayon and balpoint ten on walls. Paint all new when they moved in 4 years ago. Can we charge for any of the repainting costs?
Of course. Remember though you only have 21 days to get them an itemized accounting of whatever you are withholding and send them the rest if any deposit is left.
Can an officer pull you over for just suspicion of not having a license
No, he must know that you have no license or make a traffic stop based on something legitimate.
i have a wirt of exection filed in 2010.... just found old paper work, recently i recieved a memorandum of costs after judgement acknowledgment of credit, and declaration of accrued interest, then i received a letter to settle for less than what we owed, this is a credit card we had from target more than ten years ago, please help.
Dear Sir or Madam;
Thank you for your question. I would need to know what amount the original judgment is, what amount is currently owed, and the offer in order to determine whether it is an offer worth settling for.
Please advise.
Daren
I think my right to petition the government as well as due process protections have been violated. The California Supreme Court is returning my original jurisdiction petition unfiled based on the content of the lawsuit.
1) Can I sue the California Supreme Court to require that the court clerks file my lawsuit before the court officially decides on its disposition on the case?
2) Can I file the suit in the federal district court where I live, Los Angeles, or do I have to file it where the California Supreme Court is, San Francisco?
3) I plan on filing the suit against the California Supreme Court, the Clerk of the Supreme Court and the Supervising Deputy Clerk (whose signature is on the letters sent to me) in their official capacities. Is it sufficient if I have an adult mail the lawsuit to the defendants (including the copy to the state's attorney general), or does it have to be served upon them in person?
More relevant information is on the Web site [ http://ProtectInitiatives.com/ ].
You cannot successfully sue the California Supreme Court or its personnel for rejecting your papers. That's true regardless of where you try to file your new lawsuit.
Also, the clerk probably acted correctly. I can't be sure about this without knowing more about what your papers said and about the grounds for the clerk's decision.
Hi Margaret,
I am Leyla Firatli, a journalist from USC's Annenberg News department. We are currently working on a project on the immigration reform with 17 other journalists. It would be a great pleasure for me if you answer my questions by Tuesday, our deadline for the project.
My three questions are;
1) According to you, what can be done to break the stalemate over the immigration reform happening in the country?
2) What do you think about President Obama's 3.8 billion dollar request to use on the aspect on immigration? Why?
3)What is your opinion on the protests that recently happened in Murrieta?
Thank you very much for your help and answers.
Best regards,
Leyla Fıratlı
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
Dear Leyla:
Please see below:
1) According to you, what can be done to break the stalemate over the immigration reform happening in the country?
Unfortunately, Speaker Boehner will not bring it to the floor. It does not seem this will change. Thus, the voters must essentially vote for whatever party they want, but vote for somebody who does not stop everything at the door.
2) What do you think about President Obama's 3.8 billion dollar request to use on the aspect on immigration? Why?
Since Congress will not act on a comprehensive immigration reform bill (specifically, the House), this is what he is left with to do. I believe it is a reasonable request to stop the influx. As of now, more kids are making the dangerous journey because they believe there will be no problem getting into the U.S.
3)What is your opinion on the protests that recently happened in Murrieta?
I believe it is probably a natural consequence of the events, but also demonstrates the need for immigration reform.
Where in the constitution does it state anything about secession? What exactly does the us constitution say? Basically, is it legal to secede?
The constitution does not say anything about secession. And no, it isn't legal. The Supreme Court said in Texas v. White, 74 U.S. 700 (1869) that states may not leave the union unilaterally, but that they might be able to if the other states consent. Whether that would actually work has never been decided, since it has never come up.
Can I do an online will, trust, etc. or do I need face to face attorney?
You can do your own will, trust, Limited Liability Company, Corporation, etc. online.
It's usually a bad idea. Estate planning attorneys do not sell wills and trusts. We sell estate planning. When you hire an attorney to prepare an estate plan, you aren't just buying forms to fill out. You are buying advice concerning what kind of estate plan is appropriate for you under the circumstances.
There are many questions that are not asked by a blank form or webpage and that you don't know to ask yourself. Here's a small example: Many people don't put any thought at all who should be trustee of their trust when they die and by default select the first-born child (or commonly, the first-born male child) without any regard as to the relationship amongst the children.
So, you can do your own estate plan, but understand that you get what you pay for.
I purchased a house contract for deed in 2010. Although I have been up to 10 days late, I am not behind on payments, and have never been behind. Can he cancel my contract for being late?
Here is a link to certain Minnesota statutes so that you may study the law: https://www.revisor.mn.gov/statutes/?id=559 You may seek private attorney counsel at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net
I've been with my fiance for the past 14 years and have 4 kids with him and the house is under my finace name. We never got married but lived together as we were. He now is trying t get married with someone else and threating to take the house away and all our insurance plans that he listed us under. Is there any law that protect me as ''his common law'' wife. I know the law doesnt apply to CA but there is such thing as palimony. What rights do i have? Supposal? house?
Since you're not married, the law that governs your situation would be civil law and contract. Many details are required that should be shared with an experienced family law attorney in an office consultation to properly determine your legal options and rights.
Is there anyway possible a father can take away a mothers children for having other children? My sons primarily live with theirs father u have them 3 to 4 days a week! I have another child and might have another in the way ! Is there a way he could stop me from seeing my sons if I go ahead with this pregnancy?
Courts are very very unlikely to give full custody to only 1 parent unless there is some sort of abuse or potential harm to the children. A parent has a constitutional right to be involved in their children's lives. You should consider consulting a family law attorney if you are concerned.
If someone gets something as a present for their birthday then gives that present to someone else and the person they gave it to breaks it could a year plus later the person who gave them that present sue you for breaking it?
The person who provided the gift has no claim for the item once he/she divests himself of the ownership.
What options do I have if there is a check written to the title company, for the initial deposit, dated two months before our contract was signed. The funds the check was written on were tied up in another escrow. We found this out 20 days into our escrow after issuing a Notice to Perform. This doesn't seem to be proper conduct, legal?
You need to consult in private with an attorney. The facts you have posted are inconsistent and do not make sense in the manner you have written them.
- I have received a foreclosure notice that was never served upon me, although the association found a copy of it at the entrance gate to the association and e-mailed it to me. My property will be sold on December 29, 2014. My loan has been in default since 2011.
- Countrywide gave me the said loan in 2005. Then Bank of America purchased my loan. Then it was sold to Ocwen. Now Ocwen is foreclosing.
- The notice of default on my property was filed by Bank Of America ( not Ocwen) in 2011, and it is more than 3 years old.
-Could I file an action to stop foreclosure on the grounds that the Notice of default is defective and it is 3 years old?
- I am told that a notice of default ( which is less than one year old) should be filed and 3 months ( or nay 6 months) waiting period should pass before a foreclosure is scheduled.
- Could you help me?
Double check to make sure that it isn't just an advertisement by some company trying to scam you. A real Notice of Default does not give a sale date, it gives a 90 day period of time to cure the amount you are in arrears.
A real Notice of Sale usually does not issue until about 21 days before your sale and expires in 20 days. If you got something with more than that many days notice I would be suspicious of advertising.
and . . . . Yes they can leave notices at the gate of a locked association.
I have been very successful with cases such as yours in filing court documents and then obtaining subsequent loan modification. It isn't a guarantee, but given who your lender is, I could probably help you. Consultation is always free.
Hi. I recently was let go from my job about a little under a month ago. When I went to file for my unemployment..I got a phone call from an unemployment agent saying she had some questions for me about it. My former boss lied to them about why I was let go. When she let me go she said it was because I had not "progressed" far enough for them. SHE told them it was because she asked me to help fix a window display and I flat out refused and sat down and got on my phone! I MOST CERTAINLY didn't do that--and what really happened that day was that I went to change a tuxedo mannequin and inside the mannequin was a HUGE spiders nest..and spiders went EVERYWHERE! I screamed and refused to touch the mannequin! Never once did I get written up for anything. I also didn't get a verbal warning except for one day telling me I needed to hurry up with a particular customer. WHAT do I do? She told me they would take it into review and all..but that's been almost 2 wks...
What do I need to do?
You will receive notice when there will be a hearing and should respond in writing to their written notice asking for a hearing.
My dad had has life insurance policy. His wife has passed away. But she has a son. We were told I get the first 25k then any debt and lawyer fees come out of the remaining amount. Then I'm to split 50/50 with her son the remaining amount. We had a hard time finding her son but finally did. Only to find out he's serving a 88 yr prison sentence for rapping a 78 yr old women. My question is since he's incarcerated is he still allowed to recieve his amount
Serving a prison sentence doesn't act as a bar to receipt of contractual benefits.
I know it's illegal for court staff to give legal advice to anyone at a courthouse. But what law are they violating if they give legal advice? Would they be violating a.) a Business & Professions Code; b.) Penal Code c.) California Rules of the Court d.) Case Law Appellate Authority e.) Code of Civil Procedure f.) internal CourtHouse Rule g.) other law (which one?) ? What specific law would they be violating (state the specific code numbers)?
Among other things, they would be practicing law without a license, as prohibited by the CA Business & Professions Code.
Only a licensed attorney for their jurisdiction(s) in which they are licensed may confer legal advice. They are breaking the law.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=06001-07000&file=6125-6133
I asked my mother can I olease leave and go stay with my friend for a couple days because ive been going through to much here in this house and I wanna get out. She told me no. I cried and begged please, she left home and so I called a texted her begging to let me leave. She told me the only place all get to go is a hospital when she's done with me. If I run away because she hit me , how much trouble will I be in with the cops ? If they were called.
How old are you? Can you prove that she hit you? Is it enough to amount to abuse? Will the prosecutor charge her? The answra to these questions are important; without them it is impossible to give informed advice.
Last Will & Testament executed by decedent in 1993, decedent's death 6/15/14 but can only find a copy not the original which was purported to decedent's daughter the night before her death to be the original will. Spouse was not mentioned in Will, only two daughters of decedent. Spouse is disabled and in a coma like state in Texas. Can the copy be probated if affidavits are given by the daughter & Aunt (witness on the will) that attest to what the decedent purported and an affidavit by the Notary to authenticate the will. The other witness on the will is also willing to attest to the authenticity of the will. Thanks
A copy of a will can be probated, if sufficient evidence is submitted to the court proving that the decedent executed a will and the will was never amended or revoked.
I lost my job so I contacted my landlord and asked him could he help me out. He gave me the option of moving out by a certain date and he would return half of my security deposit to me ($800) without an eviction. Now that I'm out he says he doesn't have to Panay me anything because I broke the lease, in fact he is saying I owe him two months rent per the lease we both signed. Is he allowed to do this? Even though we have a leased he agreed to do something contrary to the lease. All I have is the text messages to prove this. I live in Florida.
Print your text messages before you lose them. No doubt he will deny it. Based upon your facts, he waived his rights.
if there is no custody agreement and my gf took my son out of state of pa where we was all residing . when I get him for a visit can the law make me give him back to her to take him back out of state if I decide not to give him back?
You need a custody order to get the child back in PA. The courts frown on self help solutions.
So get a lawyer and get your child her and make sure the case is heard in the courts of your county.
John
You stated that your "girlfriend" took your son out of the State of Pennsylvania. You did not state whether or not a paternity test was done to prove that you were legally the child's biological father. If you have not had such a paternity test to prove that you were the child's biological father, you should not attempt to take your son anywhere because you could be charged with kidnapping.
If a paternity test was done and you have proof that you are the biological father, then under Pennsylvania law you have an equal right to custody with the mother. If this is the case, you should file a Complaint for Custody with the Court of Common Pleas of the County in which you resided with your girlfriend. Proper venue for such an action would be the State and County in which the child resided during the immediately preceding 6 months. So, if your girlfriend took your son out of the State of Pennsylvania less than 6 months ago, then any custody proceeding she starts in that State would be invalid because neither she, nor the child would have met the residency requirements.
Best of luck,
ANDREA
To whom it may concern
I have a very big problem! my family and I live in a very small town We have gone through absolute hell from one women who live behind us. We are on 5 acres of land and she is on 2.5 so you must understand that you could get about 3.5 football fields between us. We have had to place injunction against harassment against her and way more. Well now some of our neighbors have been giving us the cold shoulder and we have not been able to find out why. Tell the other day, I got on line and found out that there is a web site that has me down for 21 major crimes from Rape 1 to theft 1 and some are of both. Also they have me being convicted of a aggravated sexual assault in 1995 and this is totally not true! This site has been up for more than 7 years and I do not know how long i have been on it so the damage is already done. I will say that I am guilty of two crimes 27 years ago and those i have taken full responsibility for and neither were rape. But wow ! My family and I are totally blown away. Now I see the motive behind this lady behind us as well as why friends stop talking to us! The damage is already done. My family and I also have a gospel album that has gone 500 radio stations world wide and I was featured in Australia and new Zealand I feel as if I have been totally defamed! This web site will gross more than 11 mill this year alone. I will add that they have also false advertise their service completely.
I suggest that you demand that the website remove the defamatory material. If they fail to do that you might be able to sue them for defamation under Arizona laws.
My granddaughter is living with me as well as my daughter. I have provided most of her financial support. My daughter is dragging her feet a about filing for child support. Do I have any recourse to sue the father for financial help myself?
No, not unless you were appointed guardian by a court.
Which criminal records can be expunged in the state of Texas?
Cases that have been dismissed and the statute of limitations has run, and cases for which there was a not guilty verdict.
I never got a record. Back in July I had a fight with my partner and my partner call the cops. No charges were made. On October another dispute occurred but this time I called the cops.3 days later I was arrested for assault on 3 degree but the judge let me go and declared order protection until my next court date.will I serve time?
I doubt you will serve time but the biggest goal is to avoid getting a criminal record for life. Hire a good criminal defense lawyer. There are ways to deal with this and maybe even get the case dismissed.
Upon my Aunt's death, her house was left to all four of her adult children; for tax purposes, it was put into 1 person's name. That person moved out of the house. That person has now moved back into the house with spouse (Dec 2013) and it was verbally agreed upon that they could refinance said house (with spouse) and the other sibling (2 others had also moved out) in the house would move out next year. It is now next year and the one sibling who has lived in the house the longest is being told to leave by a certain date (Mar 1). There has never been anything in writing between the siblings. The sibling who has been there the longest is trying to buy their own home but the process is taking longer than expected. Can they be "evicted." What is their recourse? Or is this a civil issue?
The person facing this issue should confer with an attorney who can provide legal counsel and a legal opinion. It does appear that the matter is civil in nature. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, Minnesota Estate Planning Law, Minnesota Elder Law, Minnesota Landlord Tenant Attorney, http://dwyerlawfirm.net
Hello good afternoon my father and my childs mother passed away with in the same week, I let her go with her grandmother for a year and a few months , know my lil girl is ready to come home and I'm ready for her to come , so in the next week or 2 I'm going to get her I'm in greensboro NC , she is in Chrlotte NC if the give me a problem can I call police how do you think I should go about this I never said it was for ever and I never gave over any of my rights as her father
Why don't you just talk to the grandmother ahead of time? The only reason not to discuss this with the grandmother is if you believe she will hide your daughter from you if she knows you are coming. In any event, unless there is a custody order in effect, the police are unlikely to get involved - they will most likely say this is an issue for the Court to decide. So here's the deal, you can go and get your daughter. But you can't breach the peace and bum rush the house if granny tells you no. If you do, you will likely end up in the pokey and either granny or social services will be taking care of your daughter and it will make you look bad in any future custody case. If grandmother tells you to leave - you have to leave or you will likely be committing the crime of trespass (assuming you haven't already been informed not to come there). If grandmother refuses to let you have your daughter, you will have to go to Court and have a custody order put into effect. If she still refuses, law enforcement will assist if the order specifically states they are to do so.
Is there any clause that could be written in a prenup to deter the spouses from asking for divorce first? I.e. similar to the "cheating clause"--a clause which should specify maybe a financial or other kind of penalty for the spouse who wants the divorce.
I assume that you understand that you both have to have attorneys representing you in the pre-nup in order for the pre-nup to be valid in the State of Texas?
So talk to your attorney about this matter.
The current pre-nup used by most attorneys has been tested many times and has been held to be valid. So most attorneys want to used the "standard" form in the TX Family Practice Manual and not vary from it too much.
I also recommend that you also execute a post-nup after the marriage -- so talk to your attorney about this too. That makes it iron-clad! You need to execute the post-nup within 30 days of the marriage! Most people don't know about the post-nup agreement and it's vital!
It shows that you really intended what you meant in the pre-nup agreement.
You can put all sorts of clauses into a pre-nup but it might make it invalid later - so be careful.
And, remember these clauses are normally mutual!
If you need an attorney, look on this website and on www.avvo.com
I recommend that you allow your future spouse to select her/his own attorney to represent her/him in the pre-nup. You don't want your future spouse claiming that you "forced" or "selected" the attorney that he/she used. The future spouse needs to select the attorney that they use -- even if you pay for it.
If you need a referral to an attorney, you can email me at [email protected]/* */
I only mediate these days.
Good luck.
a guy rented a room from me, he's now proved to be a drunk, brought pot into the house, was last month, so I tried to get rid of him, then he, in a drunken stuper screamed "loren your going to die tonight" I called the cops who did nothing. He was late then paid -dribbled in but still only paid till end of the month, he has no lease, no reciepts no real proof he's given me anything. but now says he's a squatter and staying/&/or I owe him another 30 days. How do i get this guy out as a middle age woman, I am afraid of him
You get him out the same way as any other landlord; by serving appropriate notice and filing an eviction lawsuit as necessary. You may also seek a restraining order if there is legitimate threat of 'breach of peace' or safety issues. Be prepared to call the police again if necessary, and be prepared to protect yourself from harm. Consult with local experienced eviction counsel to do this right the first try.
It sounds as though this guy is a lodger. A lodger is a person who rents a room from the owner of a dwelling, such as a house, an apartment, or a condominium. The owner retains control and possession over the entire premises.
To evict a lodger, you must give proper notice. If it is a month to month tenancy, meaning one month passes between the time periods that you collect rent, then you need to serve him with a 30 day notice. Once the thirty days has expired, the lodger can be removed pursuant to Penal Code section 602.3.
You should seek the help of an attorney near you who is familiar with this kind of law.
I have adopted a little boy and have had his baby sister in foster care at my home her entire life(18ms) suddenly a man has stepped up and said he is the father. he says he is a professional poker player and has a history of violence against women.he may be unwilling to work a case plan but wants his mom to get custody. he said at the last review that he gave mom money for an abortion and seemed agitated that she took his money. bottom line is he is not a good guy he beat mom so her family says and his history confirms.now all the sudden he wants to be super dad. this little girl has cerebral palsy among other health issues due to neglect and drug exposure inutero and possible abuse from dad hitting mom.as a foster parent and adoptive mother of a blood sibling can i file for custody for myself?
In Ohio, the first thing that the guy is going to have to do before he has any rights at all to the little girl is to establish that he is her genetic father. Once he does that, you will have to argue that he is unfit to be her parent or that he has abandoned her.
If a used car dealer lists options on a particular vehicle and after the purchase you find out that the vehicle does not have 1 or more of the specified options what can you do legally
Depends on a lot of things, including the integrity of the dealer, whether you inspected before you bought, whether you reasonably could have known the options weren't there when you bought, whether the dealer promised you they were if you were unable to make sure they were, you haggled on price, etc. And it will also depend on what the difference in price would have been had the options been on the car.
I was fired yesterday. Today I still didn't get paid and finally wAs told the reason for termination of theft. But I haven't hAd charges filed against me. Is this wrongful termination and by them telling the current employees why they terminated me without proof deformation of character ? I didn't steal anything and this was my career, if rumor if this gets with other oil field companies no one is going to hire me again! And I was a field supervisor/ roustabout manager. They could ruin my whole life over this.
Could be if they did not have sufficient prove of theft. If your company gave or has sent you any paperwork about filing a grievance or appealing their decision, you need to act quickly.
Regardless of whether they were right or wrong to fire you, you are still owed any wages due you. If they don't, you may be able to recover not only your lost wages but an additional110% of your lost wages as penalty, plus receive your attorneys fees.
You need to quickly on the lost wage claim. You only have a 180 days to file a lawsuit. You have 1 year for the wrongful discharge claim.
Can a person in the State of Kentucky be convicted of a DUI for sleeping if they keys were not even in the vehicle? They have a statement from a witness that claims he was driving previous. They have a reciept from a store 3 hours prior that he purchased beer.
If the keys were not in the car, let alone the ignition, then the prosecutor will have a very difficult time proving operation which is a required element for guilt under Kentucky's DUI statute.
My parents gave my husband and me a car. They signed a piece of paper that states that they did give the car to us. The car has transmission problems, and it doesn't run. Since we live with my husband's parents, we brought the car home and parked it in the back. My father in law is threatening us to get the title or he is getting rid of it, can he do that? My parents are waiting on that? My parents haven't given us the title because they don't have it, the bank does. They are waiting on the bank to clear final payments etc. Which is why we haven't worked on it. Can my father in law give the car away and move it? It's rightfully mine and my husbands. If he does, what can we do about it? It's on his dad's property, but we live their too.
No landlord, family or not, wants a broken down car on their property. In fact, most apartment leases specifically say that. It is your in-laws house and the fact that they allow you to stay there does not mean you have the right to do what you want. Assuming your father-in-law is serious, either move it (perhaps to your parents' house) or he probably will. He can have it towed (there may be abandoned vehicle ordinances he should follow).
We are relocating to Contra Costa County, California from Washington state. In the middle of July we submitted an application for an apartment which credit-wise was approved. We traveled down to CA last week to meet our prospective landlords and view the property. We decided to rent, were given a lease that we were told to sign and fax back(the landlord did not sign). We left an $800 security deposit, and went back home to WA state. This was last Weds. Yesterday, we get an e-mail with a form to sign authorizing background checks on us. We were wondering, if we are denied this rental, is the Landlord liable for the extra expenses we have incurred due to their misleading us into believing we were approved to rent this house. Basically what rights do we have if we are denied this rental ?
You either are approved or not. If you want the landlord to hold a place for you while screening your application, then you will have to put a holding deposit down.
My son purchased a home with his girlfriend, they lived there for two years and broke up a year ago. He moved out, his name is on the title, but not the loan. She is now saying she cannot buy him out, but will sell, with a 40/60 split in her favor. He wants a 45/55 split. He put about 4,000.00 into the home and she put about 7,000.00. They shared the costs while together. She delayed this issue by telling him for 6 mos. that she was getting the property ready to sell. Then she stated she wanted to stay. What should he do?
There could be a strong argument that ownership doesn't divide according to what's shown on legal (recorded) title, but equitably should, can and will divide according to the parties' relative contributions to the down-payment. So, as an additional factor, I'd need to know what either of them can show, by clear and convincing evidence, as to how much each of them contributed to the purchase money (down-payment). If he can show that he provided 90% of the down-payment, at or before the closing, he could argue for a 90% ownership share. Such a claim could be nullified by evidence that he intended to make a gift of the excess (above 50%) contribution.
Then, if and when the property is sold, or she buys out his interest, a court having jurisdiction following the filing of a "partition" suit could make additional adjustments to the net proceeds each receives. Such adjustments would be calculated to reimburse one or the other of them for excess outlays (in excess of his/her share of ownership) for necessary expenses such as mortgage interest, property taxes, insurance, and necessary repairs.
If the couple is fairly close to agreement on percentages (40/60 vs. 45/55), a lawsuit may be undesirable. If, on the other hand, there is substantial equity in the property and the down-payment made by one is well outside the ranges being negotiated, it may be worthwhile for that person to litigate under "purchase-money resulting trust" and "partition" principles.
Negotiate a deal he can agree to, or litigate. No mystery here.
I had a abdominoplasty 3 weeks ago. My plastic surgeon said if I had a hernia he would repair it while I was getting my procedure. After the surgery I asked how everything went beautiful. I said great. No mention of the hernia, however today I get an explanation of benefits in the mail and a check from my insurance company for a hernia repair. Something is fishy about that. I was never told I had a hernia, I feel that the doctor probably submits this everytime to get extra money and its really insurance fraud. Shouldn't he have told me right after if I had a hernia repair done?
Yes. Obtain a copy of your medical & hospital records to be sure what he did.
I have heard similar complaints on many occasions. Call up your insurance company and share your concerns with their fraud dept. and let them handle it.
Oh, very nice. Now consider this:
MD: I want authorization to perform an abdominoplasty on Patient X.
InsCo: Tummy tuck is excluded cosmetic surgery.
MD: Pt has a left ipsilateral hernia with potential to progress to incarcerated.
InsCo: ICD53.9 is approved.
*****
So you get an $8000 tummy tuck and [pay just the co-pay. And now you're going to destroy the doctor who helped you. You evil sack of nightsoil, I hope you get a post-op infection that dehisces and dumps your stinking guts on the floor.
I willing signed over my rights to protect my children with agreement that I would still be apart of their lives. What do I do to get that back?
You can't sign your right away unless ythe children are to be adopted. Once they are adopted you are but a stranger to them.
John
5 months ago I leased an apartment in East Brunswick, NJ through a real estate agent. The state gave me assistance for my security and 1st months rent, the landlord then demanded cash. In Feb. He gave me a notice for nonpayment of 2600 (1300 per month) and I would need to leave by May 1st now I received court papers for non payment of rent. And to and EB code enforcement just knocked on my door to quietly come in and take pictures and to notify me this was ILLEGAL APARTMENT and I will need to leave as soon as possible. HELP.!
Never ever pay cash, especially with out a reciept. That aside what you have a very intersting situation. The First thing I would do is call East Brunswick Code enforcement and see if they issued a summons. They should be able to provide you with it or the Municipal Court should.
Assuming the property is illegal under NJ law you would be entitled to a 6 month relocation allowance. You will need to bring that to Court. You should consult with an attorney to review the documents and options
I'm currently 54 yrs young and have only met my biological father twice in my lifetime. If he dies am I able to receive anything from his estate? Will I need a birth certificate or DNA test to prove I am his daughter?
No, under these circumstances the only way you could
receive anything from your putative father's estate would be if
he dies with a valid will which specifically names you as an heir and beneficiary of his estate.
If I plead guilty to a class a mistominer for domestic assault and assault with a deadly weapon can I still apply for citizenship I spent 80 days in lock up and received domestic violence classes and probation the victim tried to drop the charges but could not so I'm stuck with it on my record she is now my wife to be and a us citizen I have been here already for 5 years but this is recent with the charges I was released July 2 @ 1am I need to know my options with citizenship in this case and if I can possibly seal my record some way I am in Chicago I'll and have been the whole 5 years
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
My apartment lease says two different lengths: 365 days at the top, and 348 in the body. Does this invalidate the lease?
Probably not, but may create enough ambiguity so as to permit an argument as to the length of the lease. It may depend on the context in which those numbers appear.
how to get a violent crime conviction in the state of michigan reopen or removed
It's almost impossible to get a case reopened once the appellate process has been exhausted unless there is new or exonerating evidence. You can apply to have the conviction expunged or said aside if it is been at least 5 years since the sentence has been completed and you have no other convictions on your record. Consult with an attorney in your area with experience in expungements.
Here is a good web site for you to read about the expungement process in Michigan:
http://www.aggressivecriminaldefense.com/Expungement.html
I was arrested and injured by the police officers during the arrest.i was taken to the hospital to get checked because the officers were in a panic.i was refusing to go because I had no insurance and I just did not feel I needed to. I never singed any paper work and I don't know how they got all my information.iam I technically responsible for the bills?
You could still be held responsible, since you did receive services that benefitted you. However, I suggest that if you have received a bill, you notify the billing office in writing of the circumstances and suggest they send the bill to the police department.
It's more of a question of concern regarding an Arbitraion agreement between myself and the Tunica-Biloxi Tribe of Louisiana Indian tribe. I went online and filled out an application for the pay day loan. used the money and am now trying to make good on my agreement (since i couldnt afford the fees) to pay back what i borrowed from them. They are unwiling to work with me and wants payment in full for the entire balance. i went through the terms and conditions and noticed a clause for Arbitration and waiver of jury trial and court involvment. How will this affect me if they try and sue me for the balance owed? Also I live in Michigan.
If they sue, you can use the arbitration clause to close the case and send it to arbitration. Of course, that costs money as it is privately run and expensive. You may just want to stay in Court.
If a W/C injury exasperates a documented medical condition, can I add that to my current claim?
Yes. You can file an amended WCAB application and claim and file it with WCAB Board. If there are new body parts or/and condition (i.e. insomnia) you may add that too. Feel free to call me directly at 213-388-7070 for a free consultation.
Motion To Add A Count On Information what does that mean
The prosecutor wants to add another charge to the list of charges against the defendant.
Adding another offense to the charging document.
It sounds like the prosecutor is wanting to add an additional criminal charge against you.
It means you don't have a lawyer who would have explained this to you.
I worked as an over the phone interpreter for a company for over 5 years. I was fired yesterday for " inability to comply with company's standards" During my work with the company I've developed very bad anxiety attacks, hearing loss in my left ear ( the one that I was talking on the phone with, bad headaches, neck and shoulder pain. I have advised my employers numerous times that it's becoming increasingly difficult for me to work because of non stop stress, but nothing has changed. Now, I am off work and in a lot of pain. Can I file for worker's comp? Thanks.
Yes you can file a worker's compensation case. Have you treated for any of these medical conditions in the last five years? Feel free to call me at 213-388-7070 for a free consultation.
20 year old step daughter , who has been in our home since 10, left home to be with undesirable boyfriend. Do wehave to let in our home to get anything? What are our rights if she brings police?
You give her the stuff that belongs to her. She does not have to go into your home to do that; you can hand it to her on your front porch.
If someone passes away and myself and their daughter are listed as beneficiaries on his bank account even though we're not married will I have any problems getting my money?
Maybe, if the daughter gets there before you do.
It depends on a whole host of things you do not discuss here. Was this a jointly owned checking account or a payable on death (POD) account? If a POD account, how were the beneficiary designations? By that I mean did it say pay to you and daughter 50-50 or pay to person A then B?
What access does daughter have to the bank account? Does she have a debit card for example and can she withdraw funds? Has anyone advised the bank to freeze the account by reason of the decedent's death? Did the deceased have a will? Who is the executor named in the will? What debts are there of the estate? What assets? Is there any way the executor of the estate would be able to pull these funds into probate?
The answers to these questions will dictate the ease or difficulty of you getting the money. If the bank does not know of the death, I suggest that you advise them. They will want a copy of the death certificate before any monies are paid but they may be willing to freeze the account. Once the death certificate is provided if the funds cannot be reclaimed by the estate and its truly a POD account paid equally to you and the beneficiary then the bank should be willing to cut you a check for your 50%.
Can a landlord remove a Co-tenants name from a lease ?
There is not enough information here. If you mean 2 people have a valid written lease that has not expired and neither tenant is violating a rule of the property, then no, the landlord just cannot remove the name of a tenant from the lease. The landlord will have to wait until the lease ends and then could decide not to renew.
If there are other facts, like a domestic violence situation, then the answer would be maybe.
Does a new Poa automatically negate an earlier Poa?
Usually, but not always. You have to read the new PoA to see what it says on this point.
My soon to be ex husband and I agreed in mediation a parenting schedule. Kids are primarily with me, he gets them 2 evenings during week for dinner and every other weekend Fri-Mon. Morning. He is now saying he wants more time, other dads he knows get more time, etc...says he will fight me and I could lose a lot of the time I currently have. I have been a stay home mom since kids were born and my stance has been that I wanted structure, consistency, as little disruption to their daily lives. The current schedule that was agreed upon is already taking a toll to where the kids constantly complain about just wanting to stay put, dont want to go, etc. Is this request he may fight for, a losing battle for me?
If you and your ex cannot agree on the development of the parenting plan, then you may wish to consider going through a child custody evaluation and acquire a recommendation on the part of the expert.
I would urge you to continue trying to mediate together and resolve your differences. You have a lifetime of parenting with one another..
i am required to be in court but have a physical inability to get to court. what do i do?
Physical inability? What do you mean? You need to fully explain this. I would say that if you miss court a warrant will issue for your arrest. At that point, you won't have to worry about getting to court because you will be in custody and you'll be brought before the judge.
I did a tile job for a construction co. and they were short of tile. I got paid half of my labor costs and they ended up not being able to get matching tile from the same lot #. One entire wall had to come down including shower doors to accept the off shade tile. they blame me for leaving the tile out in a bad spot and are not paying me. I am filing a lien. Can you tell me anything of my chances of being paid or do you need more info? I never made a move or a decision without the owners or the const. managers permision by the way. Thank you. dave
Whose responsibility was it to both determine whether there was enough tile for the entire job, up front, and supply the material. Also did you waste any. Before beginning a job of finish materials the responsibilities for those things should be clearly defined. If the manager simply said, "here's the tile, and there's the space" you may be good to go. If there was more involved, maybe not. Those will be the key things.
My home was scheduled for foreclosure in November 2013. I filed bankruptcy in October 2013 due to unemployment which has delayed the process. I was awarded the home in my divorce in 2008 at which time the deed was changed into my name. In 2011 I modified the mortgage w/out needing my ex husband to be part of it as I had the new deed and divorce documentation. Last year when attempting short sale on the home according to Chase bank I did not need my ex husband involved as I had supporting documentation and he had been away from the home for a long period of time. The attorney documentation I received from chase was always sent to me at my address. My ex's name is still on the mortgage, however, as i stated, he was not an imperative part of any of this process. However, today I recved a packet from their attyorney that was sent to the court to continue with the foreclosure. In this packet it had all my personal information regarding my banruptcy and foreclosure and mortgage arrearage and they cc a packet to my ex husband at HIS address. What are my legal rights for them disclosing all my personal information to him as they are well aware he was no longer involved in the home??? I live in Massachusetts Thank you
I suggest you contact your bankruptcy attorney and file a formal complaint against the Bank for wrongful disclosure of your personal information.
The claim is an asset of your bankruptcy.
my question is ,if there is a unknown about cemetary underneath a popular area of homes,does it change things to reveal sch information. Could it bring property value down,becausealot of people whom where buried ,did not have funerals,and were not moved,before others built on top of them?
If it were discovered that a residential area had been built, without anyone's knowledge at the time of its development, over an ancient cemetery or burial ground, that discovery would probably have some negative effect on property values. 90% of the owners and prospective owners wouldn't give a hoot, but if 10% would be spooked, more or less, by the known or suspected presence of an ancient burial ground, that would be enough to reduce demand and thereby bring property values down a bit.
A company that I use to work for shut down because of customer fraud. Can I sue the company due to this issue?
Sue them for what exactly? Did you have an employment contract that was breached? Remember, in America you can sue for almost any reason, but you need to make sure you are not wasting your money and time.
I would consult with a lawyer in private and discuss all the relevant issues, but I would be surprised if you had any claims absent a written agreement with them.
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.
Were you a customer defrauded? Then, yes.
You described nothing that has to do with you, or that would give rise to a lawsuit for you. Plus, the company is GONE and so is any money. Exactly how much are you willing to spend [waste] on this?
I just finished bankruptcy, my car was included but a company had bought the loan right before I entered now they want to go after my wife who was co-signer on auto but not on the bankruptcy. The interest rate was lowered to 4 percent but they want the original 11 percent over these 5 years that I completed the bankruptcy plan. That's about $6,500 they want from my wife, even though they only had the loan about 3months before the bankruptcy started. Can they legally do that and what are my options?
Maybe, and I am sure your bankruptcy lawyer discussed that with you 5 years ago.
Yep. They can do that because your wife was a co-signer! Never ever be a co-signer for anyone and if you needed a co-signer it meant that your credit was crappy. Now its even crappier because of the bankruptcy.
Being a co-signer means that you tell the lender "go ahead and make the loan because if the borrower does not pay, I will pay." And so your wife must now pay everything that you did not pay in the bankruptcy.
So your wife has a decision to make - either she needed to file bankruptcy too or you will have to pay for the car.
I would try and get a loan at a much lower interest rate and get the car paid off and then repay the loan.
I currently pay 675 a month in rent. My lease expires on 10/31/2014. I received an email from my property manager on 09/31/2014 stating that the owner would like to resign our lease but increase the rent to 825 because of the market value of surrounding properties. Is this enough notice? What should I do?
Your current lease controls any re-rental entitlement. The facts done help answer the question. They are allowed to charge whatever they want for an apartment if your lease does not have a cap or time frame for the re-rental at a specific amount. Seek legal counsel with a copy of your lease.
Hi,
Recently simple battery charges have been filed against me. My business partner tried to take some of my merchandise from me and I tried to grab it back. This caused us to fight over the merchandise. During this tugging back and forth her bangle bracelet on her arm starting cutting into her skin and the basket the merchandise was in started to break because she was holding on to it so tight. The basket also starting cutting her. She began bleeding due to the fact that she is taking a blood thinner for many years. She also has had bruises for years from this medication and her skin is very thin. After she left, she went to the police and filled Simple Battery Charges and said that I jumped on her back and scratched her arms and that's where she got the bruises. At no time did I even touch her body. I was only trying to get the basket of merchandise from her arms. I did have a witness that said she was not telling the truth and that I never jumped on her back or scratched her. The witness told the police that I was only trying to get my merchandise back. Can I really get charged with Simple Battery.
The question is not "can you be charged?" Anyone can be charged with anything if the prosecutor chooses to make a bad decision. As to "Will you be charged?": Probably not, but sometimes prosecutors do actually make those bad decisions.
We had to use a Betterment Loan to install a $46,000 septic system in 2012, then the economy crashed, my husband was unemployed and we now have to modify our mortgage. We were unaware that the loan would prevent us from touching our mortgage for the next 18 yrs. We will lose our home and the equity is not available to include paying off loan. Is there any way around this issue?
Thank You
I can't think of any way around this issue, and I look forward to the creative ideas of others. Any other loan or lien on your property is going to cause problems if you attempt to modify or refinance your first loan. This is most likely an issue between you and the underwriting department of your lender. I wish you the best of luck, and I'm sorry I couldn't be more optimistic.
A coworker of mine is suspected of child abuse. I called the police anonymously asking for them to check on her child. Today I found out the police revealed my identity to my coworker despite my pleas for anonymity. What do I do now?
32A-4-4. Complaints; referral; preliminary inquiry. (2005)
Statute text
A. Reports alleging neglect or abuse shall be referred to the department, which shall conduct an investigation to determine the best interests of the child with regard to any action to be taken. The name and information regarding the person making the report shall not be disclosed absent the consent of the informant or a court order.
The statute above says they can't disclose your name without your consent or a court order, but it provides no remedy. If you file a complaint with the police department (assuming it was the police who disclosed your name) they may discipline the cop. If it was the CYFD worker who disclosed your name I understand they have a complaint process; it's hard to locate but you might try their constituent affairs office: http://cyfd.org/about-cyfd/constituent-affairs. (CYFD doesn't take criticism well).
If you date someone w ho gives you a credit card with your name on it and permission to use it and his. Other credit cards and then you break up but he doesn't take card back or say you can't use it, is it fraud if you do?
Maybe, maybe not, but either way you would still be responsible for paying for
all of the charges which you made on this particular credit card.(my opinion).
i went to a dentist that i was referred to by a coworker, because she said that that they took our insurance. i made an appointment, showed my insurance information, got my checkup, and was told i needed a deep cleaning. the dentist assured me insurance from my job was accepted because he saw many people from my job. at the completion of the procedure (2 visits) i sign and pay.
a few days later i get a call from the dentist saying that my insurance actually isn't covered and i'm out of network and that he is willing to "work with me" on a $1000+ bill. i feel that this is his and his billing department's mistake for not checking insurance information before anxiously accepting my business. i already signed and paid for the amount owed (not to mention, on a procedure that wasn't done correctly in the first place). unless i signed a payment clause i wasn't aware of, does he have a right to collect any additional money from me and take me to collections?
Yes he does, but it sounds like you have a counter claim for negligent misrepresentation.
need to get copy of mothers will from reno, Nevada. Can I get this online or how do I go about it? Donna
Nevada law requires the filing of a Will, in the following circumstances and in the following manner:
1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.
2. Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after knowledge of being named, present the will, if in possession of it, to the clerk of the court.
3. Every person who neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause is liable to every person interested in the will for the damages the interested person may sustain by reason of the neglect.
Your attorney can explain further.
what does it mean if a criminal trial has been cancelled/vacated
Either the charges have been dismissed, the trial has been postponed to another date, or the person has already been found guilty. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
My father recently remarried and is currently in the hospital.
Does he need to make a new durable power of attorney or does the previous one still hold up
It lasts until he revokes it or he dies, unless the terms of the power of attorney state otherwise.
He should update his estate plan, simply because getting married now means his wife will inherit all of the community property, if any, and either one-third or one-half of the separate property.
A marriage or divorce ALWAYS means you should consult with a trusts and estates lawyer.
My son signed a gym membership contract without telling us (parents). He is only 17 years old and still in highschool. They now have access to take $32 a month out of his checking account. Is this a legal binding contract?
A contract signed by someone who is not yet 18 is a voidable contract because he is not an emancipated adult yet. You should contact the gym owner / manager to try to cancel the contract.
I live in Virginia. Was notified aver two weeks ago that my ex husband is moving to New Hampshire due to a military transfer. How long do I have to respond after notice or how long before move can I file a motion to Amend?
I do not recall that there is any time limit to respond, but if he plans to take a child or children with him and you oppose his moving the children, you should file a motion for custody quickly.
In the state of Ohio, if a rental agency lets someone who is uninsured rent a car (which is illegal, but apparently happened), and that person hit my car while driving the rental, is the rental agency legally liable for the damage?
No. While it is illegal to drive without insurance in Ohio, a rental agency's agreement with a customer transfers liability to the customer. A rental agency is not required to ask for proof-of-insurance. A driver has an option to purchase car insurance through the rental agency for an additional fee. An otherwise uninsured driver may be covered through the terms of their credit card agreement, based upon the credit card they used to reserve their rental.
Hi,
I recently cashed two of my paychecks (both cut in this month) and just received a letter in the mail (from my bank) that the checks had been returned due to insufficient funds, which means I had fees withdrawn from my account due to the returned checks (I had deposited each check in a different account). I luckily caught the problem before my account ended up in the red, so there are no overdraft fees.
Is my employer responsible for the return fees from my bank, seeing as I had cashed them well within 30 days and was not the one writing the bad check? Also, though I plan on going to the issuing bank to cash the "legal copies" of the checks, what should I do if they bounce again? What should I do if more checks return (I had no choice but to cash my most recent paycheck at my bank since my account was at near 0)?
Thank You for any help!
You may have a claim for any damages, plus attorney's fees, under the Wage Act. This requires more information about the specifics of your job situation. Contact me should you wish to discuss via free initial consultation.
If someone is in a psycho ward for being in a 303 does that person have the right to know when they are allowed out of the hospital
Their treating physician should be able to provide them with that information.
in a civil federal lawsuit against local law enforcement, I was charged with disorderly conduct and resisting arrest, found guilty in my local City Court overturned by a county court judg.e. serves 6 months for a crime I did not commit, Plus Zapp several times with a stun gun face down while in handcuffs (seven times). damages suffered are PTSD and angoreaphobia and skin rashes. violations of constitutional rights includes the first 4th 5th 7th and 14th. how much should one asked for on a federal level????
This is not a Federal Torts Claim Act case unless it was federal officers. I suggest you retain counsel.
I want to leave Portland, Oregon with my 5 month old daughter. My ex boyfriend says I can't. What would I have to do.
If there is no court order regarding custody, then you may do as you please. Otherwise, read and follow the custody order. Reasonable notice to father is probably required prior to relocating.
If I got pulled over and the officer found felony amount of marijuana in the vehicle but then I offered to work something out in exchange for the charges. but then after he brought me to the police station and took a brief statement he told me he had to forfeit my 250 dollars that was on me. I convinced him not to and so he gave it back to me and let me go that night in exchange that I would help someone in the task force. And if I didn't he would forward the case to the county. But when he agreed to give me my money he made it seem like he broke a legal procedure or something by not forfeiting it. My question is if I don't call him will he still be able to send my case to county.
You should never speak to the police without speaking to an attorney first. Your statements to him will be used against you unless there is some reason they should be suppressed. You will likely be charged with a felony. You should hire an attorney ASAP to mitigate any damage, if that is possible at this time.
Nathan Hansen
651-704-9600
I agree with Mr. Hansen's advice. Do not, under any circumstances, speak to the police without your attorney. The police are not on your side. They do not care what charges you end up facing, regardless of any promises they made to you.
Police need a legitimate lawful reason before they can stop your vehicle, question you about things unrelated to the reason for pulling you over, and also before they can search your vehicle. If they police did any of these things illegally, you can ask the judge to suppress the evidence against you.
Visit my Blog at http://arechigo-stokka.com/category/criminal-law-blog/ for more info on motor vehicle stops and searches.
Yes. If you do not call him, you will be charged. In fact, chances are, if you do call him, he will exhaust your usefulness and you will still be charged. Law enforcement cannot make binding agreements not to prosecute and, in fact, they are very careful in most cases, to be very vague about what your assistance will bring. Ultimately, charges are usually filed which means, generally, you should exercise your right to remain silent and hire counsel.
For a FREE legal consultation call 612-240-8005
You should confer with an attorney right away: You are in need of legal counsel at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, http://dwyerlawfirm.net
My ex-wife and I are considering remarrying so we both have heath care coverage. Her concern is that if either of us meet someone else and want to marry, can we write a prenuptial agreement that will force a divorce?
In Texas, if either party wants a divorce it will be granted by the judge. Of course, you can write a pre-nup to make the divorce process quicker and easier. Be sure to put in that you will mediate or arbitrate -- usually cheaper and quicker than litigation.
www.familylaw4u.com
713-847-6000
Hello, I have a question about promissory notes, If I Ioan someone funds for real property what type of promissory note should I use?
I'm tempted to say that if you don't already know, you may not be sophisticated enough in this kind of lending activity to take the risk.....and that's possibly true. Nevertheless, saying something like that sounds like being a haughty lawyer and I'll give you a suggestion, for what it's worth.
Most real-estate lenders expect to be collateralized, and usually by the same property for which the money is to be used by the borrower. Therefore, the note most often used is called a "(promissory) note secured by deed of trust" and the deed of trust effectively pledges the property described therein as collateral for the note itself. The deed of trust is then recorded, to place "the world" on official notice that the property described therein is pledged as collateral for the note.
It's relatively easy to find examples of promissory notes and their associated deeds of trust. Source #1 would be Web postings by various title-insurance and escrow companies, which use these documents every day and often post examples of them as advertising for their services. Source #2 would be to go to your County Recorder and look at examples that have been recorded........there will be plenty, and if you go at a time when the office isn't too busy, one of the clerks will probably be willing to assist you.
If you decide you need assistance, maybe inquire at a local title or escrow company, a real estate broker, or a local real-estate lawyer. Some thoughtfulness and caution is advisable in choosing the instruments you'll use, filling them out, getting them notarized, and recording the deed of trust, which ultimately provides your security. This is a well-worn path, as there is lots of activity in lending with real-estate security, but you don't want to step off the path.
You want to get a promissory note that is secured by a first deed of trust on the property to be purchased.
I have been renting a house for about three years, but only the first year on a written contract. I moved out with notice and signed a written lease at a new place. One of former roommates at the old house hasn't paid all of his part of last month and any of this month. The landlord threaten to rescind the letter of recommendation that he sent when I applied to my current place because the slacker hasn't paid money. Can he do that. Can I get evicted from my current home even after I paid deposit and first months and pet fees etc. The Written Contract Was For One year
I suppose he can do whatever he wants with the recommendation letter. If you are responsible for the entire rental at the old place, you may be responsible for the rental not paid by former roommates. If you have a new contract and you have paid funds toward that, it is unlikely you can be evicted due to the withdrawal of the recommendation letter.
I am a member of a construction trade union in Chicago. I get all my work through the union referral system and there are jobs that come in that ask specifically for minorities. I thought this is illegal? When I questioned the union they said the city of Chicago are the ones making them do this. How is this legal? I would think this is discrimination. I appreciate your time and look forward to hearing from you. Thank you.
Chicago has requirements for certain construction projects, including a percentage of minority and a percentage of women owned trades. Anytime public money is involved, that is an absolute. And yes, it is "discrimination" but not all discrimination is illegal -- it is "affirmative action", but whether it would withstand a constitutional challenge only years in court and tons of money might determine. Have you contacted the ACLU perhaps?
If I have repeatedly asked the landlord , for about two weeks now, to fix a roof leak and it still is not foxed, what are my legal rights?
Review the Georgia Landlord Tenant Handbook, and the section on repairs -- https://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf
My ex put on a motion and I was unable to attend due to my son being violently ill that morning. I called the courts and let them know the situation and the clerk told me she would inform the court.
I received the minute order from the court stating they had granted the motion. It also stated that I was unable to attend because of childcare issues. That clearly wasn't the case, but because ample time was given before the hearing, the courts felt I had neglected to arrange childcare for the day.
This was to be the first hearing of this case with the new rotation and the judge is unfamiliar with the case. I have a restraining order on this person for trying to strangle me in front of our children. He is constantly harassing me and making fearful he is going to do something to take the children from me. He calls me constantly to talk to the children which he does one at a time, calling back to speak to each one several times a day. He is only supposed to contact me for issues of visitation, yet he is constantly getting me on the line and threatening to take the children because he doesn't want them to live here. This is a person who will do or say whatever it takes to get to where he wants to be. He is now going so far as to say the children are being molested and I am allowing it. I'm humiliated and sickened and I am loosing ground. I need help. Is there a way to go in and still plead my case. I know I have to file for harassment but I have 15 days to provide this man, who is out to ruin me, documentation from my personal Human services case. He already got permission to be allowed the documents from the courts but was turned down by the legal department of Human Services stating it is privileged information and by law they cannot release it to him. What do I have to do to to have the courts take a second look and possibly reverse the order?
It would seem that the first order of business would be to get back on calendar to set aside the order that was entered because you could not appear at court. I also would suggest meeting with an experienced family law attorney to assist you with this complicated family law case.
My daughter's boyfriend is being a leach, lived in my guesthouse last year, came back unwelcome though (daughter is welcome, not him). He says because he kept getting his mail at my place that I will have to spend money to evict him even though he pays nothing to me for rent (he refuses find his own place to live). Does he really have me cornered? Do I have no rights, no say as to who I share my home with?
he has no right to possession? does your daughter keep letting him in? getting mail at your address means nothing. change the locks and advise her not to let him in. it sounds like that might not work and you may need to hire an attorney anyway.
If he still refuses to leave, your remedy is an action in ejectment.
I'm 58 years old & don't plan to retire until I'm 65.
I have a pension plan & upon retirement I will get a monthly stipend & a lump sum cash distribution which today is valued at over $85,000.
Even though I'm receiving nothing now & have no immediate access to the cash, is this considered an asset, & should it be listed as such in my petition & if so what is its value?
Thanks,
Richard
If you are referring to the bankruptcy petition, ALL assets have to be listed. The important part is to make sure the appropriate law - "exemption(s)" is applied on Schedule C to make sure you can keep it.
This is the crucial part where attorneys know which laws protect which assets, how to apply exemptions strategically, and how to handle the situation and/or negotiate with trustees when appropriate.
My wife filed for divorce and we have been in agreement with everything so far. I just have a couple questions for clarification.
1. What is the difference between Joint Physical Custody and Parenting Time with a split at 50/50?
2. I would like to move out of our home but I'm concerned with "abandonment" being taken into consideration when it comes to custody of the children. Is there a chance it could be held against me even though we are in agreement on custody terms?
A 50/50 parenting time schedule would be an example of a joint physical custody. As for abandonment, it could possibly hurt you with claims to the house or to the property, but as long as you are seeing and providing for your children it should not hurt you in regards to custody or parenting time.
You're really thinking about handling a divorce case without a lawyer? You can't be serious. Why would you risk your home, your kids and yourself? Quit being silly. Hire an attorney.
My father in law pasted away and in his burial contract with the cemetery stated he was not to be embalmed but when the funeral home picked up his body and the family sat down with them and told them they wanted no service his wish was to be but in the Mausoleum ASAP. And not to be embalmed. We were told that being that he was being put in the mausoleum and not in the ground he had to be embalmed. So against his wishes and our wishes for him we paid to have him embalmed. We have now since that the cemetery's aid that the funeral home gave us false information and that he did not have to be embalmed. Do we have a case and what should we do? Our hearts a breaking right now and spent money that should have never been spent.
I'm very sorry for your loss. I would be willing to assist you in this matter. There are many more questions that need to be answered. Please contact me to discuss in greater detail.
My children go to a private school in Los angeles ,the principal has been harrassing our family and singling us out because an IEP pointed to one of my kids as not needing services and pointed to issues occuring in the private school as the issue. Ever since the school has been picking on us and trying to kick our children out. I have a ton of harrassment evidence against them . In one of the harassing email we got ,by mistake the principal forwarded a previous email to us and he bcc'd the school conselor ,a student support person who i had specifically asked that she not be involved with my children because she refused to provide records after the EIP did not go the way she had wished and the school lawyer who i think has his children in the school . I was wondering if the principal needed to get my consent before sharing my kids information with the conselor and the student support. we are looking for a class action lawyer as many parents have been harrassed by this principal
The rules are definitely different for a private versus public school. When you said "counsellor," is that a licensed clinical or educational psychologist? They have ethical and legal obligations to obtain parental consent and to assure confidentiality.
Before professing an opinion about this matter I would want to know answers to other questions. I would be willing to give you a free no cost consultation or talk to you on the phone.
John Laurie
818 345-0123
I was convicted of a gross misdemeanor of malicious mischief in the 3rd degree last year on December 4th. I had aided a friend who had been badly scorned by her cheating spouse and the girl he had been seeing behind her back. It was an ugly battle of words back and forth and she decided she wanted to do something to get back at them for all her grief. So one night, with emotions overflowing, her, I, and another friend of ours slashed the tires on the girl's vehicle. This happened in July 2012. About a month or so after this happened I was contacted via cellphone by an officer who claimed he was investigating the crime. At first I denied knowing anything but he used his "scare tactics" by informing me that they had license plate numbers and witnesses who had seen my friends and I commit the crime. After that he told me he knew I was involved and to call him back when I was ready to talk, and that he was going to be calling the other two. I then had a meeting with my friends about what we should do, and we decided that we needed to come forward and confess to prevent things from getting worse. We met with the same office (Officer Jones) a few days later and came out with the truth. He informed us that the victim was willing to except the payback of $700.00 with out going through court. She agreed to give us 3 weeks to come up with the money. He told us that we were to give the money to a mutual friend to give to her to avoid face to face confrontation, but in the report stated differently. He also informed us that she was still capable of pressing charges even after she was paid back. We didn't think much of this until about a week later she told the officer that she was tired of waiting for her money and just wanted to go ahead and press charges, after promising us 3 weeks to pay her. After this we decided that we wanted her to sign some sort of agreement that once upon receiving her money, she would not press charges, as promised by her. She refused to sign anything which course made us think she would indeed press charges anyway. Why would we pay her just so she can screw us anyway and make us pay her again? Anyway, this whole thing escalated between her and my friend, and she decided she would just press charges. Our first court date was October 31st 2012. We were informed by the judge that we could all possibly face the maximum of 364 days in jail and a $5,000 fine. We then each got our own public defender and returned to court on December 4th 2012. I was sentenced to pay $235 in restitution to the victim and $150 in court fees and two years probation. I was told that after paying in full, I would be eligible for dismissal(or whatever its called when they remove the charge from you record). At this time I was pleased with the outcome after learning what the maximum penalty could have been. But as time went on, I began looking more into law information and realized all the flaws in this investigation. For one, in the report, it said we had an arrest date. It is my understanding that when someone is arrested, they must be read their rights. We were NEVER read any rights. The officer had recorded the entire interview, but the tape was never played after we brought up the fact he didn't read us our rights. Everything we said was overlooked or ignored by the court system because we were the bad guys. Since the court hearing, I have paid in full both my restitution and court fees. My friend had also paid hers off in full in the month before. She filed for a court hearing to have her case dismissed, like promised upon completing payments, and she was informed by the judge that "they felt that she hadn't served enough of her sentence so they weren't going to grant her dismissal". I just recently learned through a friend of the victim that neither the victim, nor her boyfriend, had paid to have her car fixed like they had told the officer. She told her friends that her insurance paid for her tires. Yet everyone took her word and assumed she paid the $700 out of pocket like she had said. I was able to read over the entire police report when I met with my public defender before my sentencing. There was nothing in it saying anything about her insurance picking up the bill. So why were we ordered to pay her and not her insurance company? There was also no proof provided by her the prove the amount she "paid" to repair her car. She just made off with a set of brand new tires and pocketed approximately $700.00. For what? I just can't help but feel I got thoroughly screwed over. I am looking for advise regarding what my rights are in this case, and if there is anything I am legally able to do. I have missed out on a great job opportunity that I was in the hiring process for when my sentencing took place. I have been turned down by every employer since. I can not rent an apartment because of my record. This smudge on my record is literally ruining my life. I have no criminal activity on my record besides this one charge.
There is probably nothing you can do at this point. I can't tell from your message exactly how your case was resolved, there are different court options that involve probation and restitution. If the case is going to be dismissed after a period of time, you may just have to wait for that. If you plead guilty, you can request 'vacation' of the conviction, but there is a time period you have to wait, by statute.
Generally when you resolve a case, the law presumes that resolution to be final and allows very few ways to undo it. The court rules do allow a motion to withdraw a guilty plea, if you made one, if new evidence has been discovered. Doesn't sound like that applies to you, though.
You should probably call the lawyer who represented you, or contact a private criminal defense attorney who practices in the court you went to.
As for the owner of the tires, if you are correct that she pocketed the money, that may be a breach of her contract with her insurer, and could possibly expose her to prosecution for insurance fraud. But we definitely don't have enough information to make that kind of an accusation.
