I've been having a roach problem for the past 2 years that I've been renting this studio apartment. When I moved in, the roaches were here. ...

Question

I've been having a roach problem for the past 2 years that I've been renting this studio apartment. When I moved in, the roaches were here. The manager of the building at the time assured me the unit had just been treated and the roaches were dying. I moved in at his word.

The roaches never left. The building has changed management hands three times and owners once during my tenancy. The response is the same. They treat when I complain and then promptly ignore the problem and my complaints. In the interim, the roaches get bad and then worse.

Bottom line, I am sick of it and I want to know my rights in the situation. It's gotten to where I can't cook in my kitchen because of the presence of roaches, or sleep soundly at night for fear they are going to crawl on me (they are seen by my sleeping area). I have to eat take out and that's expensive. The last time my unit was supposedly treated was at the end of November, and it didn't solve the problem. Since then, management hasn't been responsive and has been ignoring my complaints for the past two weeks. What are my rights?

Answer

Call the health department.

I have a windfall and want to set up a trust, do I see an attorney or an investment trust company first?

Question

I have a windfall and want to set up a trust, do I see an attorney or an investment trust company first?

Answer

Try both...if u do not know a trust attorney, call but be sure to check the trust company and compare...good luck again..

I was rear ended sitting at a stop light by a utility truck owned bythe county. I just bought my car, it had only 3000 miles brand new. The ...

Question

I was rear ended sitting at a stop light by a utility truck owned bythe county. I just bought my car, it had only 3000 miles brand new. The ticket was issued to the other driver. I went to the hospital a day later to find out I have 3 herninated disks in my neck. Went to therapy for about 6 months went to a spine surgeon and he suggested getting spinal fusion surgery. I declined, after all said and done I have a three percent disability in my neck. The countys insurance limit is 100,000.00. I have a lawyer but I'm begining to lose faith in him. April 15 will be four years later. March 20, I was suppose to go for questioning under oath and then mediation, my lawyer calls me and says the county has a new lawyer and he wants to get this over with and not go through mediation and so on. My lawyer said if he could get 10,000 in my pocket would I will be willing to settle. I was very upset, I told him I would discuss this with my wife. My question is do I stand a better chance of taking this to trial or try and settle? What is the amount you would concider fair? On my MRI this is no space where the spinal cord runs through the channel. One more good accident and I'm looking at some major problems. I still work and I don't show any loss of income. I don't like taking pain killers so I just deal with. please give me you honest opinion.

Answer

You may seek a second opinion from another attorney; however, a new attorney will want to review all of your medical records and material information to be comprehensive.

It sounds like your case is in suit (as it should be at this point, as in Florida, the injured party has 3 years to issue the statutory tort claim notice and 4 years to file a lawsuit to prevent being barred from bringing a claim).

If you do proceed with another attorney, your current attorney would probably assert a lien for costs and time on the case, which may limit your recovery. So, talk to your current lawyer to see what is going on and why. Get a copy of your medical records from your attorney for your own review and then consult another attorney for a second opinion.

Answer

The County has limited liability no matter what your damages. Hard to assess your case without seeing the medicals and confirming that all damages are related to the accident and not associated with preexisting problems, which is the usual defense. I suggest you sit with your current attorney and discuss the positives and negatives of your case.

I own a home jointly with my ex-husband. We have an $80,000 home equity loan on it together as well. He would like to buy me out. What happe...

Question

I own a home jointly with my ex-husband. We have an $80,000 home equity loan on it together as well. He would like to buy me out. What happens with the home equity loan? How is the debt figured into the buyout?

Answer

More information is needed. It depends on the terms and conditions of the loan and what that allows you and your husband to do.

gonna try this...brother was in prison and wa released too interstate compact too georgia under certsin conditions, but got arrested over a ...

Question

gonna try this...

brother was in prison and wa released too interstate compact too georgia under certsin conditions, but got arrested over a family argument at the other brothers home,with drinking involved but charges has not been before courts ,still awaiting on a court date too be convicted of the crime,but however florida reacted after his was out on bond still awaiting for the court date, he ,he turned himself in on the fla. warrant was issued,but waived all expidtion charges ,now the magistrate judge order a 10 days pick up on him too go back too florida, but parole in florida said they would not pick him up until georgia charges were handle.. so why did they issue a warrant knowing that he was not charge for the crime yet,and is out on bond working and doing right? can florida lift the warrant on him so he can continued too work,and go too court when the date comes up?

Answer

DOING RIGHT? drinking and getting into family disputes when he has just been released from prison. Get real.

Answer

I'm sorry but between the spelling and the run on sentence I'm having a hard time putting together what you are even trying to say.

I am an owner of a small quilt shop in Texas. We have an annual event where we put together a gift basket and for every $10 a customer spend...

Question

I am an owner of a small quilt shop in Texas. We have an annual event where we put together a gift basket and for every $10 a customer spends, they get a ticket for the gift basket drawing. Every person that comes into the shop, during that time, gets one ticket whether or not they make a $10 purchase.

For example, someone walks in and spends $50, they get 5 tickets or someone walks in and doesn't spend anything and they get 1 ticket.

Is this legal?

Answer

This is not a legal answer, but I think it is OK. There could be an interpretation, that this is a lottery, or that people are "like gambling", Churches to this type of thing all of the time, so do non profits. I do not see a real world problem, especially since all of customers get a chance. If you want to check it out further, you could speak to the police department, and see how they react. There may a a license for this type of thing. Again this is not a legal answer, merely a common sense reply.

The above is NOT intended to be legal advice, or the acceptance of representation, merely a response to a general inquiry.

I can be reached at 281 704 6740, or [email protected]/* */

if i was fired due to a medium offense after being at the company for over 4 years and other employees kept their jobs with much worse offen...

Question

if i was fired due to a medium offense after being at the company for over 4 years and other employees kept their jobs with much worse offenses because they were friends of the owners of the company, is that a starting point for wrongfull termination

Answer

You should forget about a "wrongful termination" suit.

If you don't believe me, go online and find a lawyer who specializes in employment law, and give him a call. Tell him your circumstances, and ask him if he will take the case on a contingent fee basis.

You're better off not working for this jerk; he did you a favor. You should concentrate your efforts on finding another job.

My medical insurance has not yet paid the emergency room physician bill. They have now billed me for the balance the insurance company owes....

Question

My medical insurance has not yet paid the emergency room physician bill. They have now billed me for the balance the insurance company owes. Am I responsible in California to pay this?

Answer

You are responsible to pay the bills. My suggestion is that you work with the provider and insurance company and figure out what is happening with the claim. The provider generally has about a year to file a claim, if it is not taken care of by the insurance in that year you can be stuck. You may need to push for billing and push the other side for payment.

My Aunt's bf decided to build a meth lab in a shed that he kept locked up and she had no knowledge of. He does have a past as he was paroled...

Question

My Aunt's bf decided to build a meth lab in a shed that he kept locked up and she had no knowledge of. He does have a past as he was paroled on probation. He informed the officers that she had no knowledge of what he was doing. They arrested her anyhow and are trying to charge her with a felony A, 2 C's, and 2 D's. She passed the drug test they gave her after they arrested her and she has absolutely no priors for anything. Does she stand a chance to receive probation only?

Answer

I can't answer your question without more information. She may be able to defend the charges against her, or negotiate a plea bargain that avoids prison. She needs to hire the best criminal defense lawyer she can afford. If she can't afford a private lawyer she may wind up with a public defender. I have handled many such cases over the last 36 years in many different Courts. You or you Aunt may call me for a free telephone consultation.

Alright so back in August I was arrested for less than an ounce and in park after hours. It was my first offense so they put me on that 120 ...

Question

Alright so back in August I was arrested for less than an ounce and in park after hours. It was my first offense so they put me on that 120 day Supervision. Like a month before I was supposed to get off I took my very first drug test and failed, my Officer told me that she was revoking my program and that I would be seeing the judge again. I don't have money for a lawyer and my court date is tomorrow. Will I be sent back to jail or put on a longer probation and have to take the classes ?

Answer

Get ready for jail. See website for info on retaining the right attorney for your next offense: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck

Answer

You likely should expect jail when you violate probation by using drugs when on probation for drugs. However, each case is decided on its merits and a judge will decide your case based on what he hears.

It was foolish to violate your probation, and it would be even more foolish not to retain a lawyer, who might help you minimize the consequences and likely will help you in court. Even if you have to borrow the money, get a lawyer.

if my date of birth is wrong on custody is it void

Question

if my date of birth is wrong on custody is it void

Answer

You should give more information about the order. Are you a person who was awarded custody or the person who is in custody? If the former no harm, unless you are a minor and the date in the custody order makes you an adult. If the latter the only substantive effects it would have would be if your correct date of birth would make you an adult or if you are over 14 and were not allowed certain prerogatives permitted to those over 14 because the incorrect date showed you as under 14. Assuming these substantive issues don't apply then no harm. However if it bothers you, you can make a motion for the court to correct the order "nunc pro tunc," which is used to correct clerical, non-substantive errors in final judgments and orders.

My husband of 8 years died suddenly Friday night... He left behind my 16 year old step daughter. Her mother died 9 years ago. Am I her legal...

Question

My husband of 8 years died suddenly Friday night... He left behind my 16 year old step daughter. Her mother died 9 years ago. Am I her legal guardian now?

Answer

I am sorry for your loss. Unless you adopted her, the answer is no. You could seek guardianship in the Probate Court and the decision is up to a judge. It would be helpful if your husband's closest biological relatives (and the closest relatives on the mother's side) are willing to consent.

Answer

I am so sorry. I know this is a tremendously difficult time for both you and your stepdaughter. If your husband had a Last Will & Testament designating you as the child's custodian, there should be no problem. If not, you can still file for guardianship. If the child's closest biological relatives know that would have been your husband's intent, they do not object and the child wants to remain with you, there shouldn't be a problem. If they do object, depending on the circumstances, you could still have a chance of obtaining guardianship. I suggest you meet with an attorney to discuss the procedure and your next step.

I'm being fired for crying at work... Is this legal

Question

I'm being fired for crying at work... Is this legal

Answer

If your employer does not fire employees of the opposite sex for crying, it could be - e.g. if only crying men are fired but not crying women, you may have something. However, experience suggests there was something more to the reason for your termination.

I was charged for paraphernalia because the cops had found a jar that had the smell of weed/pot but it did not have any weed/pot in it and i...

Question

I was charged for paraphernalia because the cops had found a jar that had the smell of weed/pot but it did not have any weed/pot in it and it looked like a regular jar. This is not the first time I was charged for paraphernalia. Could I be facing jail time for this?

Answer

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

John,a multi millionaire is the major shareholder and director of Jojo Sdn Bhd.Jojo Sdn Bhd is in a lot financial difficulties and are indeb...

Question

John,a multi millionaire is the major shareholder and director of Jojo Sdn Bhd.Jojo Sdn Bhd is in a lot financial difficulties and are indebted to many creditors.Jojo Sdn Bhd owes Maniam a lot of money and upon liquidation could not pay Maniam.Maniam wants to sue John and seeks your advice. Maniam is also asking your legal advice whether the implication would be different if John was found to be the mastermind in defrauding Maniam and other creditors and he had resigned leaving Jenny as the sole director of Jojo Sdn Bhd.

Answer

This "question" seems to be law school homework. LawGuru rules require us to answer only real-world questions, and not to help with schoolwork.

Answer

I agree with Mr. Whipple. Do your own work.

Can my ex husbands girlfriend make changes to my sons document that I feeled out?

Question

Can my ex husbands girlfriend make changes to my sons document that I feeled out?

Answer

Question makes no sense.

I went to the store eariler today. when i got to the checkstand i i had a problen with my card an was unable t o make the purchase. later in...

Question

I went to the store eariler today. when i got to the checkstand i i had a problen with my card an was unable t o make the purchase. later in the day i returned to repurchase my groceries. within five minutes i was approached by. an officer and given an ultimatum to. pay for the groceries that i couldnt. get eariler in the day or go to jail. is this legal.

Answer

Well, if you left and took them without paying it is. But if you simply abandoned them at the check stand, they can't make you pay for what you didn't take.

Custody...How can I get custody of my grand 5 yo. nephew( I'm his only relative here.) from his father when his father is mentally retarded ...

Question

Custody...How can I get custody of my grand 5 yo. nephew( I'm his only relative here.) from his father when his father is mentally retarded and Schizophrenic ( He quit taking his medication.) I have called the DHS case worker on numerous occasions leaving messages that I have recorded, voicing my concerns. The Police have been notified and have arrested him again for driving without a license, but they won't do anything just let him go. My 5 yo. grand nephew just got out of a CINA proceeding last fall where the court erroneously gave custody of him back to his father. Just the other day his father forgot that the bus was going to drop my grand nephew off from pre-school and left home. The bus driver dropped my grand nephew off and left with no one to watch him and the door to the house locked.

Since they just moved into this house, they don't know any of the neighbors but according to my grand nephew 2 men from across the street came over and told them their names and said they weren't strangers. I've also learned that an older man 2 doors away might be a sex offender. I know that the police here in Washington Iowa won't do anything as they are not allowed to arrest anyone for child endangerment. When they caught my nephew in law driving drunk with my grand nephew in the front seat unrestrained all the gave him was a dui. and DHS took him away for 2 weeks then gave him back to his father without doing a through investigation. Then he was put into CINA after his father left him in a public park with a complete stranger while he went to the store down the street and was gone for at least 45 minutes. After 2 years in CINA the court gave custody back to the father because as his custodian I chose to push my court appointed attorney to file a motion to have cousin's intervention vacated for lying on their intervention. ( They said they were his Aunt and Uncle and that they were involved since the beginning. Both Lies.) My court appointed Attorney sent me an e-mail that there are people involved in this case that are think of taking custody away from me. The bus driver who went to pick up my grand nephew in the park used to be a police officer here and is also on the Iowa Child Advocacy Board. He never called the police but did let DHS know which is why my grand nephew was taken away and put in CINA in the first place. But there is a blank on the court records from DHS as to why he was taken away. His father is a danger to my grand nephew and I can't get DHS or the police here to do anything.

Answer

Please reduce this to two or three lines and state it as a legal question.

My 95 yr. old uncle passed away May 21, 2013, while a resident at the California Vets Home in Yountville, CA, near Napa. After the fact, the...

My daughter (4mo) lives with me but no legal custody has been established. Can I take her out of state to visit family?

Question

My daughter (4mo) lives with me but no legal custody has been established. Can I take her out of state to visit family?

Answer

If this departure is for the purposes of a visit and there is no court order precluding you from leaving then, of course ,the visit can take place. If you're planning on relocating to another state, it would be wise for you to get court orders allowing the child to be moved. Failure to do so could result in the bio father getting orders for the child's return. Please meet with experienced family law attorney to explore your legal options.

Has anyone ever sued a woman for breaking up a marriage by getting pregnant knowing the man is married.Can she be sued for emotional stress?

Question

Has anyone ever sued a woman for breaking up a marriage by getting pregnant knowing the man is married.Can she be sued for emotional stress?

Answer

No.

Okay so i have visitation on the weekends and my ex is denying visitation due to the fact that I'm behind on child support. She made it real...

Question

Okay so i have visitation on the weekends and my ex is denying visitation due to the fact that I'm behind on child support. She made it real clear that if I don't pay the amount i owe in full, I won't be able to see my child. I know she has no right to do this but I would like to go after custody for this. This is going to be the second week she is denying visitation to me. What can I do to help get the judge to change custody?

Answer

Even though you are not up to date on child support, this is a separate issue than visitation.

A parent cannot deny visitation for non payment of child support.

You should petition the court for a violation of a court order, and the sanction you would seek is a change of custody, legal fees, and in the alternative of a change of custody increased visitation and a make-up of all times lost.

I doubt if you will obtain a change of custody on the first violation, but each time she denies you visitation you have a right to file a new petition. The court may get sick and tired of her non-compliance of its own orders, that the only remedy the court can give is a change of custody.

Jefffrey A. Lazroe, attorney at law, 37 Franklin Street, Buffalo, New York 14202

1-716-856-8811

Am I entitled to a copy of a contract with a funeral home for burial of a relative in the state of Virginia?

Question

Am I entitled to a copy of a contract with a funeral home for burial of a relative in the state of Virginia?

Answer

Certainly, if you're a party to this contract. Otherwise, it's probably up

to the other party (the funeral home) whether it wants to give you

a copy.

If father with visitation lives in another state and has bench warrant can I go to court and suspend visitation rights?

Question

If father with visitation lives in another state and has bench warrant can I go to court and suspend visitation rights?

Answer

Depends what is the bench warrant for? Obviously having him come to Pennsylvania would make him vulnerable to arrest. That said he might be released on bail. Then what?

John

How long does a company have to pay you commissions after you've been fired

Question

How long does a company have to pay you commissions after you've been fired

Answer

Depends on your contract with them.

Answer

If not paid within their policy guidelines [read them in your handbook], you could file a claim with the Labor Commissioner or directly in Superior Court if the amount owed justifies doing so. If you are serious about getting legal help, feel free to contact me. If the case is worth pursuing, it is worth doing it right and professionally.

I am the father with no legal custody of my son and I his mother has two twin babies under the age of two along with a two year old in her h...

Question

I am the father with no legal custody of my son and I his mother has two twin babies under the age of two along with a two year old in her house. She is also married to a man with mental health issues. He has verbally abused my son and physically restrained him on the ground. She punishes me when ever I take legal measures by threatening me to not see him any more.

Answer

To properly answer all your questions, we would like to offer you a free consultation. This can be done either over the phone or in-person.

If you would like to schedule a free consultation, please contact James Luna at 1-800-297-9191 or email [email protected]/* */

We look forward to hearing from you.

What does it mean when you go to court and you are handed a paper that says Not Indicted at this time, please call for your next court date....

Question

What does it mean when you go to court and you are handed a paper that says Not Indicted at this time, please call for your next court date. Can you be indicted at a later date?

Answer

That means the Grand Jury returned what is known as a "no true bill" in that they could not agree on having an Indictment filed. The District Attorney is free to present the issue to a new grand jury provided the statute of limitations does not expire between the time of the first consideration and the date the new grand jury is empanelled and considers the charge(s).

If there is an order for child support against me in Sacramento County, and I want to file for full custody, but my son resides in Yolo Coun...

Question

If there is an order for child support against me in Sacramento County, and I want to file for full custody, but my son resides in Yolo County with his mom where do I have to file my paperwork?

Answer

It depends. Is there a current custody case open? If there is then that county has jurisdiction of the matter. Could it be moved to Yolo county? Maybe. It depends upon your facts. If there has never been a child custody/visitation order in any county and you are the primary then you can file in Yolo county. You should speak with an attorney regarding your issues. No answer on a website should ever substitute the representation you would receive from experienced and knowledgeable counsel.

My brother left his estate to the siblings he was raised with. His younger 3 half sisters that he met after he was an adult are contesting t...

Question

My brother left his estate to the siblings he was raised with. His younger 3 half sisters that he met after he was an adult are contesting the will. They really haven't had anything to do with us since our father died until now. Do they have a right?

Answer

Yes. A will contest is fact and witness specific and costly. I have done many of them. Good luck.

Answer

They have a right, but they also have the burden or proving up their entitlement. It is not easy to do. Consult with someone like Mr. Slater.

My ex is out of work and have not received child support.Should he have to pay using his pension ,he also received money from his father lif...

Question

My ex is out of work and have not received child support.Should he have to pay using his pension ,he also received money from his father life insurance.

Answer

Assuming you have previously obtained a Court Support Order, there are steps you may take to enforce the Order and collect support if your ex has recently failed to comply. The Support Enforcement Services is a part of the Judicial Branch that helps parents enforce and modify their child support orders. You may also choose to hire a private attorney to help you with this matter.

Child support may be collecting through different methods, if payments are not being made after a court has issued an order. The court may find the non-custodial parent to be in contempt if they have willfully failed to obey the court order. If the parent is found to be in contempt they may be ordered to pay a lump sum of money. They may also be incarcerated until a certain sum of money is paid.

If you have any further questions regarding Family Law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected]/* */

Could i request to reschedule a trail in the court, massachusetts?what could be the good reason to request it?the trial is in 2 weeks.i need...

Question

Could i request to reschedule a trail in the court, massachusetts?

what could be the good reason to request it?

the trial is in 2 weeks.

i need your advice please.

jose

Answer

You need a substantive reason for the delay. Illness, unavailable witness or a good reason for you not being able to appear, conflict with another court.

Answer

What probably won't work is a simple: "I'm not prepared." But if you're sick or a significant issue came up unexpectedly in the case, you can ask.

My husband passed away and left mobile home to a friend. he had no will, just a notorized piece of paper saying he gets mobile home. does he...

Question

My husband passed away and left mobile home to a friend. he had no will, just a notorized piece of paper saying he gets mobile home. does he automatically own all the belongings? i have personal and sentimental items in the house that i want. we were still married at the time he passed. his friend says he gets everything in the house.

Answer

He gets nothing.

Answer

Does not appear to be a valid will-so the friend will get nothing.

The complete answer depends on other assets and if he had children.

Answer

The document needs to be reviewed by an attorney. It does not sound like it is a validly executed will but would need to be examined. If it is not a valid will, the friend would not get anything assuming there is not other valid contract. To preserve your rights, you should consult with an attorney immediately.

Answer

Seek some actual legal advice. You have valid claims and should pursue those AND you should not automatically allow the other person into possession of the mobile home.

I have a 3 year old autistic child, and my brother is recently deceased. On facebook, there has been a girl (?) who created a fake facebook ...

Question

I have a 3 year old autistic child, and my brother is recently deceased. On facebook, there has been a girl (?) who created a fake facebook account to friend me, come onto my status, call my 3 year old autistic son a vegetable, a muddy piece of shit, etc. as well as call me a whore, telling me to kill myself, telling me that if she saw me on "our" college campus, she would kick my ass. She brought up my recently deceased brother as ammunition. Then she went on a school-related facebook page to our anniversary and proclaimed me again, a whore (in much more colorful words) and my child to be a retard. What legal action do I have available to me to not only find this person but press charges?

Answer

You could file harassment charges and you could file a defamation of character lawsuit. But, you can not get blood out of a turnip. I realize many people turn to facebook and write things that are not true. That just shows their immaturity. But if you do not befriend her, you do not have to read it. I suggest you just move along. Real people don't read posts that people like this put on facebook. They know what kind of person does this. It is no class at all. Show your character and stand above it. Good luck and I am sorry for your loss.

if i was cited for no proof of insurance and just pay the fine, will i automatically get a driving without insurance even though i wasn't ci...

Question

if i was cited for no proof of insurance and just pay the fine, will i automatically get a driving without insurance even though i wasn't cited for it?

Answer

If you were cited for no proof of insurance, and pay the fine, you are admitting to driving without insurance.

My boyfriend was shot in the head and two other places by police..He now has extensive brain damage and will not be able to walk. Will he st...

Question

My boyfriend was shot in the head and two other places by police..He now has extensive brain damage and will not be able to walk. Will he still be sent to jail in that Condition?

Answer

If you are asking if his injuries will lead to him not being tried for the alleged crime and possibly going to jail, that is unlikely. He needs to hire a criminal defense attorney.

In California is it legal for a relative to manage property for another relative?

Question

In California is it legal for a relative to manage property for another relative?

Answer

Being a relative is not a disqualifier.

Two tenants on the lease. One wants to move and would like their portion of the security deposit back. Am I legally obligated to return thei...

Question

Two tenants on the lease. One wants to move and would like their portion of the security deposit back. Am I legally obligated to return their portion?

Answer

It depends on your lease but most likely no. If the lease is still in force, then they can't leave before the lease is over without owing you.,

If the lease is over, then you can refund the security deposit BUT, you should enter into a new lease with the remaining tenant and tell them to replenish the security deposit or move.

The terms of your lease may call for a different outcome.

My father past away almost 1 year ago. Mother and father still have mortgage on their home, she wants to sell. My father is survived by my m...

Question

My father past away almost 1 year ago. Mother and father still have mortgage on their home, she wants to sell. My father is survived by my mother, sister and myself. We have no disputes regarding the sale of their home, nor how any of the sale proceeds are shared. Is their any legal documents needed to clear the property title/deed that we will need to get in advance of putting the property for sale?

Answer

In some way, you will have to deal with your father's interest in the property, since his name is on the title and he is deceased.

It may be that you can do this through an affidavit process and avoid the court costs involved in a formal succession.

My ex wife and I have two children together and she just had a baby with her new husband last month. She just presented me with a bill for c...

Question

My ex wife and I have two children together and she just had a baby with her new husband last month. She just presented me with a bill for child care for the two days that she was in the hospital for the birth of her child. Our kids do attend the daycare while she is working, but do I have to pay for the time she was in the hospital.

Answer

No, child care is due for work and school related expenses. She and her new husband should pay.

Your question: "I am a massage therapist in Colorado and would like to offer bondage massage and aspects of BDSM in my massage practice. Is ...

Question

Your question: "I am a massage therapist in Colorado and would like to offer bondage massage and aspects of BDSM in my massage practice. Is this legal? What are the rules on erotic fantasy and massage services?"

Answer

Short version:

You may not touch others' naughty bits, even over clothing, for money and sexual gratification.

You may not let others touch your naughty bits, even over clothing, for money and sexual gratification.

Most jurisdictions require a sexually oriented business license for most activities that involve titilation.

Check with a local attorney.

What is the difference between POSSESSION,MANU,DISTRIB,ETC.-OF CONTROL SUBS.OR MAJA.PENAl and Poss of Schedule 1 and 2 (meth) w/intent

Question

What is the difference between POSSESSION,MANU,DISTRIB,ETC.-OF CONTROL SUBS.OR MAJA.;PENAl and Poss of Schedule 1 and 2 (meth) w/intent

Answer

There is no difference. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck

ok cps showed up the other day and said they had a referral of high traffic and drug use in the home. I the father was home when the case wo...

Question

ok cps showed up the other day and said they had a referral of high traffic and drug use in the home. I the father was home when the case worker arrived as my wife was still at work. so i invited the worker to have a seat with me on the front porch and said i was happy to answer any questions she might have.(by the way We were just walking out the door to go to the park Youngest 2 daughters and I) I asked my girls to play in there room for a min while we talked and yes they were still within my site. she only asked me a few simple questions then started talking about food and the house so I invited her in. the house was clean the girls were of course dressed and clean I had no concerns in my mind at all. until I started reading all these posts. wife came home 30 min later they had there interview much more in depth than mine. the worker then spoke with my in-laws one at a time. (we rent half the home from them separate entrance bathroom and living space other than the kitchen.) the only concern she said she had (caseworker) was that when she went to our boys school earlier that day and interviewed them individually. they each in turn mentioned my father in-laws drinking and verbal abuse of my mother in law. and that was all. at the end she requested that my wife submit a test the next day and that she would receive a call with a location. my wife informed the worker that she had no problem with the test but she would not be home from work until 5 pm so please work around that. they did not call my wifes cell we later found a message on the home phone in from the early afternoon of that day . there was no way had she gotten the message that she could have made the appointment anyway so what now?

Answer

You need to speak in person with an attorney who handles these types of cases. That attorney is going to want to know if your children have been detained and removed from the home, and whether you have prior involvement with DCFS or law enforcement.

My niece signed over temporary custody to her mom for her daughter for insurances purposes. It was notorized to a court document. The human ...

Question

My niece signed over temporary custody to her mom for her daughter for insurances purposes. It was notorized to a court document. The human resource department rejected it. What now? A court document what if we cant find her my niece

Answer

She will have to look at what dependents the plan covers. The plan is not obligated by state law.

I got a ticket for no proof of insurance and expired tags/registration. I had insurance at the time and I can prove it, but I haven't been a...

Question

I got a ticket for no proof of insurance and expired tags/registration. I had insurance at the time and I can prove it, but I haven't been able to afford to get the new registration and court is next week. what happens if i can't get the registration by then?

Answer

Take your insurance to court with you and ask for some additional time to get the registration resolved. Most prosecutors will give you a reasonable chance to obtain your registration.

If i signed agreement with employer saying im a indepenant contract s...

Question

If i signed agreement with employer saying im a indepenant contract& will recieve no workmans comp benefits& then i quit the company&then; six months later the company calls me to ask if i would come back to work,is initial contract still valod if no time line was stated in contract

Answer

Your question can't be answered without looking at the contract.

If I'm on probation for 2 to years for joint and was n wreck and n hospital a lot but I admitted to being around drugs but they have no urin...

Question

If I'm on probation for 2 to years for joint and was n wreck and n hospital a lot but I admitted to being around drugs but they have no urine and they wanted me to sign another year and they file a motion to adjudicate guilt what will happen I have week left

Answer

This is not a valid question.

Is a spouse,living in Massachesetts (married 23 years) entitled to half their property, (in this case the home they reside in regardless of ...

Question

Is a spouse,living in Massachesetts (married 23 years) entitled to half their property, (in this case the home they reside in regardless of what the will states?

Answer

First, if the deed say they own it be tenants by the entirety or joint tenants, the Will has no impact on the ownership, it overrides anything in the Will.

A Spouse can elect to take property under the Intestacy Statute and void the Will to the extent it provides less than that minimum under the Statute. Which as memory provides is the first $200K and then half of the estate thereafter after paying all debts and bills. In determining the amount, the value of items left directly to the spouse can be included.

Unless there is a marital agreement or pre-nup agreement, the wife can seek her portion under the intestacy statute.

My ex boyfriend hasn't seen our son in months. I want to make sure he can't take my son from me and I want to change his last name. What do ...

Question

My ex boyfriend hasn't seen our son in months. I want to make sure he can't take my son from me and I want to change his last name. What do I need to do? How likely is it to get what I want?

Answer

There is a free class on custody this Saturday from 11:00 a.m. to 1:00 p.m. The class will give you a bit of insight into the process. For more information, see: http://www.law.unlv.edu/free-legal-education.html.

This is a list of charges that I have... I would like to know what my charges are and how I can obtain my report?11377(a) HS F496(a) PC F113...

Question

This is a list of charges that I have... I would like to know what my charges are and how I can obtain my report?

11377(a) HS F

496(a) PC F

11364.1(a) HS M

148(a)(1) PC M

14601.2(a) VC M

Answer

The charges are possession of drugs ( possibly meth) and receiving stolen property, suspended license, resisting arrest, and a misdemeanor drug charge. You need to contact an attorney at once and go over the facts of the case and begin to mount a vigorous defense. I wish you well......David Wallin

Answer

Mr. Wallin's description of the offenses is correct. You can get the police report through your attorney, who will demand it from the police and the prosecution under Penal Code section 1054.1 and Brady v. Maryland.

It looks like a messy case, one where diversion (i.e. PC1000 or Prop 36) is not possible and probation may not be granted without some significant jail time. Prison may even be part of the deal.

Answer

Unless you have prior strikes, none of those charges will land you in prison. County? Yes, but not prison.

You've already been told what the charges are. You probably have a probation violation for your underlying DUI that got your license suspended under 14601.2.

Now it's time to select the lawyer you want to represent you.

I bought some candy from a very well known store stop shop I open the bag and had a few piece then looked in the bag and there is garbage ...

Question

I bought some candy from a very well known store stop & shop I open the bag and had a few piece then looked in the bag and there is garbage in it. my stomach is still up set.an now I am sick . what are my legal rights

Answer

Since it was a pre-packaged item (you had to open the bag), then the store is not responsible for the content, the manufacturer may be liable.

I have a service company of 10 years with an equal partner (50/50). My partner says if I don't sell my half of company to him he will desolv...

Question

I have a service company of 10 years with an equal partner (50/50). My partner says if I don't sell my half of company to him he will desolve the company and start a new one with the support of our biggest client. Can he do that?

Answer

In general, the answer is no. You have not stated whether you have a partnership, LLC, corporation or proprietorship, or whether you have a written agreement. An owner can withdraw from the relationship, however that is different than dissolving the company.

Answer

Call me for a complimentary consultation. I can help you.

The Law Office of John Burton, PLLC

602/617/8516

Daughter turned 18 yrs old does she have to go with her mother any more.

Question

Daughter turned 18 yrs old does she have to go with her mother any more.

Answer

Daughter may want to request custody order be terminated.

Answer

She's 18 any custody order is moot. So it is up to your daughter. The courts no longer have jurisdiction to order either parent to do anything with respect to custody.

John

I am contracted through my company to a private school as a day porter. I work alone during school hours and a full night crew comes in at n...

Question

I am contracted through my company to a private school as a day porter. I work alone during school hours and a full night crew comes in at night to clean everything. My problem is that the night crew is not doing the work and I have to make up for it. I have repeatedly let my supervisor and my boss know about it. We have cameras everywhere and I take pictures to prove my point. I was told by my supervisor to leave it so he can see it himself. Then He proceeds to tell the night crew to make sure all is done. So when he comes in to see it, there is nothing to see. This has been going on for almost the whole time I have been at this job. Also there are safety issues with my work place that are ignored no matter how many times I address them. Is there a negligence case hear?

Answer

Might want to report them to OSHA for safety violations. Feel free to contact me if you wish to discuss further [email protected]/* */

I recently hired a lawyer to handle a case in Atlanta Georgia, I live in NYC. I sent him a retainer and have yet to receive a receipt or con...

Question

I recently hired a lawyer to handle a case in Atlanta Georgia, I live in NYC. I sent him a retainer and have yet to receive a receipt or contract, is this normal

Answer

Call the lawyer to discuss.

Answer

No. Call the lawyer to discuss it. You should have a fee agreement or engagement letter.

My daughter will be receiving a settlement due to her mother's death. Her lawyer advised me that the court has control of the money and make...

Question

My daughter will be receiving a settlement due to her mother's death. Her lawyer advised me that the court has control of the money and makes final decisions how the money is spent. Im her legal guardian, should I be the person that decides where or how the money is used???

Answer

To properly answer all your questions, we would like to offer you a free consultation with one of our attorneys who can help you best. Your free consultation can take place either over the telephone or in-person.

To schedule your free consultation, please call 1-800-297-9191 or email Adam Kumler at [email protected]/* */

We look forward to hearing from you.

Can I still be drug tested from my employer for a workers compensation case if I was injured almost 1 month ago and they have not even menti...

Question

Can I still be drug tested from my employer for a workers compensation case if I was injured almost 1 month ago and they have not even mentioned it or have a reasonable suspicion?

Answer

Labor Code 132(a) says an employer cannot treat a staffer differently solely because s/he requested workers compensation benefits.

Therefore, if the demand for drug testing says IN WRITING that this is solely because you requested Workers Compensation benefits, then no, that's a misdemeanor crime.

Sadly, if the employer puts nothing in writing and tests a handful of employees from time-to-time, then you are just being drug tested and YES THE EMPLOYER MAY DRUG TEST employees. There is no 'reasonable suspicion' requirement, the employer is not the police.

I'm married with a cuban, cu6 and waiting for one year to apply under the CAA. I have B2 visa which is expiring. If something happened to me...

I am A Professional and wnt to use my maiden name for business purposes. Is this legal in CA

Question

I am A Professional and wnt to use my maiden name for business purposes. Is this legal in CA

Answer

Yes. It is legal in CA to go by any name you choose so long as it is not used to deceive or defraud anyone.

I live in an apartment at lake mary florida. One my neighbor works in my apartment complex and he would drive his car around our residential...

Question

I live in an apartment at lake mary florida. One my neighbor works in my apartment complex and he would drive his car around our residential area with an expired temporary tag that does not belong to that vehicle - around our neighborhood to do his job. I told the front office about his illegal action but they are not doing anything about it. who else can I call? Code enforcement? Police? he is setting a bad example with the younger generations.

Answer

Driving with out the proper registration is usually a criminal offense, punishable by up to 60 days jail. You need to call the police. Even if it turns out to be non-criminal (it's unclear from the facts), it is still a state traffic violation. The only caveat may be if you are talking about a gated, or guarded or closed community that does not allow vehicle traffic. Let the police sort this out.

My sister is the Executor to the Family Living Trust. According to the Lawyers letter, this was suppose end Sept 2014. My parent's didn't ow...

Question

My sister is the Executor to the Family Living Trust. According to the Lawyers letter, this was suppose end Sept 2014. My parent's didn't own a business. Mom died 8 yrs ago and Dad over 2 yrs ago. My sister has decided to extend this an additional 2 yrs. She's a control freak. How is this legally possible? Her lawyer is going to be sending me a letter. How can a lawyer do this, since I was informed this would end in Sept?

Answer

You need to read The Trust to see what it says about termination.

Home address 24240 Graver Lane, Naperville, IL. In Will County. Applied for a home equity loan ajudgment lien showed up from over 10 years a...

Question

Home address 24240 Graver Lane, Naperville, IL. In Will County. Applied for a home equity loan ajudgment lien showed up from over 10 years ago. On 11/19/2013 our loan officer said we had this judgment over $17,000.00 dollars owed to Hinsdale Hospital Hinsdale, Il in the county of Dupage, yet we were never served with a notice to appear in court or received a letter to appear in court, an amount this large would have not gone neglected on a home without a mortgage. This collection was never on my credit report and we have no knowledge of this Medical Bill and do not fill we are the responseable party.

Thank You Louis Jan Moll

Answer

If it's an error and you can prove it the hospital should be able to clear it up even at this point. A personal information affidavit given to the title company that came up with this lien may help but may also confirm that you are the same persons as the lien is against even if the lien is wrong. This process is called "title clearance" and with a situation like this you should seriously consider hiring a real estate attorney to help you.

i financed a car for a friend with the agreement he would give me the money for the payments every month. he has yet to give me anything. wh...

Question

i financed a car for a friend with the agreement he would give me the money for the payments every month. he has yet to give me anything. what can i do to get my money back for the last 10 months?

Answer

Consider suing him in your local small claims court for the payments

you've already made in his behalf + your cost of filing fees.

Is the landlord allowed to send any family members that are not listed on the lease to the property while the tenat is not home?

Question

Is the landlord allowed to send any family members that are not listed on the lease to the property while the tenat is not home?

Answer

Not without tenants permission unless its an emergency.

We would like to install window guards for child saftey on the interior side of the windows in our condo. The HOA is debating not allowing u...

Question

We would like to install window guards for child saftey on the interior side of the windows in our condo. The HOA is debating not allowing us to do so (currently the board is discussing/researching if they will allow it). Is there anything that says they can/can't allow these? It is not in their CC&R's that you cannot have window guards and the only thing remotely close is that they have discretion over window treatments (must be white or tan/neutral color when viewed from the outside). This is something we'd like for child safety.

Answer

I don't know why you asked them to start with, since it is on the inside of your property where they have no authority. Now that you have invited them to meddle, work it out as best you can to avoid having to 'disobey' a ruling on this and risk them then taking action to prevent you from doing it.

Husband and I separated march 30 2013. From the beginning oh January til March 1 2014 I moved back in with him and had a sexual relationship...

Question

Husband and I separated march 30 2013. From the beginning oh January til March 1 2014 I moved back in with him and had a sexual relationship again with him. I am out now he wants to continue with the divorce and pretend we didnt live together for those 2 months during the separation. I dont want the divorce. Can I fight this in him. And if I do that us there anything ge can do to me?

Answer

Sure you can fight him on it. NC requires one year of continuous physically separation and during that time either one or both of you must have the intent not to resume the marital relationship. Generally, brief attempts to reconcile and / or isolated instances of sexually relations will not restart the year time period. However, living together as husband and wife for a period of two months would most likely restart the year period. But if he wants the divorce all fighting it will do is delay it for a while. You may have reasons for wanting to delay the divorce but ultimately if he wants the divorce he will get it when eligible and there is nothing you can do to legally prevent it. As to what he can do to you if you fight it - nothing legally however, you may request a contempt / perjury action against him if he allows a fraudulent divorce complaint to be filed.

My company produces computer networking equipment. I want to provide an evaluation unit to a prospect, but I don't want the unit to move fro...

Question

My company produces computer networking equipment. I want to provide an evaluation unit to a prospect, but I don't want the unit to move from inventory into capital goods. I have seen conflicting information regarding how long an evaluation unit can be at a customer site before being returned, refurbished and placed back into new inventory. One reference I have seen, the vendor states the "Commercial Code" allows for product to be off the shelf no longer than 30 days before turning into capital goods, while a company I worked for before thought 90 days was the right time frame for product to be returned and placed back on the shelf.

Any thoughts?

Answer

First, I'm unsure about the terminology you use in your question......perhaps you are asking when the evaluation unit ceases to be your company's inventory and becomes, instead, sold merchandise subject to a return privilege. If so, this sounds more like an accounting question than a legal issue, although I suppose it would have aspects of both.

As to the Commercial Code, in California two possibly relevant sections are 2326 and 2327, which deal with sales on approval. You may want to look them up. I did not notice that either of them contains a thirty, ninety or other limit in days as to when an approval sale becomes final and the buyer loses its return privilege. I suspect that this is left by the law to the reasonable discretion of the parties.

So, I'd say ask your accountant. I'd guess that a delivery for evaluation is legally equivalent to a sale on approval and that the time limit for return at which the sale becomes final is subject to the parties' contractual agreement, but the time should be reasonable in terms of the shelf life of the product in question. An ice cream cone would have a shorter time than a bronze statue. Similarly, a piece of technical equipment that is in evolutionary development would need to be recognized as sold more quickly than, say, a portable generator.

Answer

I don't think you are asking a legal question. Your question would be governed by a combination of Generally Accepted Accounting Principals, tax accounting for depreciation, and the actual nature of the market for the product in question. The rules are going to be different for, say an automobile, versus a router. The first real question is purely practical - how long can the product reasonably be used for evaluation before a customer would feel cheated if you sold it to them as new. With a car, there are pretty clear industry standards for how much a car can be driven in test drives before it has to be considered a "demo." You would have to determine when that is for your item. Once something is a "demo" you would normally account for it as going from inventory to capital goods. That is usually desirable because you can depreciate capital goods, but not inventory. Even then, though, if you carry used inventory, you may be able to reconvert it to used inventory and sell it. That would be an accounting question.

in minnesota can I collect unemployment if I was given a severence package

Question

in minnesota can I collect unemployment if I was given a severence package

Answer

Hello. This is not a simple 'yes/no' sort of question. Here is a link as a starting point for information: http://www.uimn.org/uimn/search/?v:sources=mn-uimn-app&query=severance&x=-1202&y=-128 Please do seek private attorney counsel as to your personal legal needs and issues.

Tricia Dwyer Esq

Ph 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

Can I get back restitution paid to a company if an insurance claim was filed?

Question

Can I get back restitution paid to a company if an insurance claim was filed?

Answer

you were convicted and required to pay restitution? no, you are not entitled to a refund. the insurance company should be reimbursed for money they paid out. you are not entitled to benifit from your own "bad act". nor should the company benifot from a crime. they should be restored but not profit.

A writ petition for mandamus, prohibition and certiorari was filed to request CA Supreme Court opine and void all former orders made by the ...

Enter your question here...what will happen if i am put on probation and never go to my scheduled visits or pay my fines.

Question

Enter your question here...what will happen if i am put on probation and never go to my scheduled visits or pay my fines.

Answer

A warrant gets issued for your arrest and you probably serve your sentence in jail.

Answer

Very Simple, the probation officer will ask for a warrant from the Judge, he will sign it. Your probation will be tolled (delayed) until you are found, and then you will spend your sentence (likely 12 months for a traffic offense unless there are multiple offences) in Jail. Unless you have some kind of amazing reason, like you were incarcerated somewhere else for the entire time you were on probation, or you were hospitalized for the entire time.

I hope that helps, even if it's bad news. But I also hope it serves as a deterrent (warning) to others. Go to your probation officer when scheduled, even if you can't afford to pay!

If a person on Hospice has family members using credit cards does the estate have to pay or do the individuals who charged on the cards?

Question

If a person on Hospice has family members using credit cards does the estate have to pay or do the individuals who charged on the cards?

Answer

You didn't tell us if the family members were criminals using the cards without authority, in which case the estate administrator should sue them and try to get them arrested, or whether it was with authority, in which case the answer may get complex. So there's no way to answer you.

A loved one of mine was murdered, now his family wants to hire an additional lawyer to make sure the person who did this stays in jail and t...

Question

A loved one of mine was murdered, now his family wants to hire an additional lawyer to make sure the person who did this stays in jail and that justice is served to the maximum. What kind of lawyer do we need to hire? Do we even need to hire an additional lawyer or will the district attorney or whoever prosecutes the case suffice?

Answer

There's no such remedy, and no lawyer can do what you're describing. It's up to a judge, or a parole board, whether or not someone stays in jail and serves 100% of his sentence.

I moved to Phoenix went to a new home builder and registered, left and didn't give much thought to that home. Then, found a realtor to repre...

Question

I moved to Phoenix went to a new home builder and registered, left and didn't give much thought to that home. Then, found a realtor to represent me. As it turns out I went back to the home builder I went to on my own and put an offer in on the house I viewed and registered for on my own. Since the realtor I found didn't show me the house and I had secured after my visit to the builder, am I liable legally to pay them? I feel bad of course, but can't help that I went on my own before I met them or agreed to have them represent me.

Any advice is much appreciated.

Answer

Whether your realtor can claim a commission on your home purchase will most likely depend on the terms of the listing agreement you signed with the realtor. Listing agreement terms can vary depending on the type of agreement you enter. Without reviewing your listing agreement, I can't provide more guidance than that. I recommend you (or your attorney) review your listing agreement terms. Please let me know if you have any questions.

Riley S. Snow

(480) 477-6311

[email protected]/* */

I received a DUI first offense charge with a child on board. I also received a charge for abuse/neglect child: reckless disregard for life. ...

Question

I received a DUI first offense charge with a child on board. I also received a charge for abuse/neglect child: reckless disregard for life. My BAC was of .09. I support a family of 5 and i need my license to get to and from work. What steps should be taken to get in the least trouble possible?

Answer

Hire a lawyer ASAP who has knowledge of as well as experience in defending

DUI cases. (And, if perchance, you can afford to hire a lawyer on your own,

then ask the court to appoint one to represent you in this criminal matter.)

Answer

Correction: Line 2 of above answer should read "can't" rather than can.

In Texas, what is the consequence of a parent violating a divorce decree by removing children from the state without written permission?

Question

In Texas, what is the consequence of a parent violating a divorce decree by removing children from the state without written permission?

Answer

Was this a permanent move? If so, if there is a residency restriction you can file for the court to enforce the residency restriction.

I think you need to hire a lawyer to help you. Look on this website and on www.avvo.com for help.

If the person took the child on a trip, there is normally no travel restriction about removing the children from Texas for merely visiting another location.

I hope this helps.

www.familylaw4u.com

713-847-6000

I'm in North Carolina and I'm trying to start a business. Without giving too much away, our business idea is to host parties at clients home...

Question

I'm in North Carolina and I'm trying to start a business. Without giving too much away, our business idea is to host parties at clients homes in which we create original pieces of art and provide an alcoholic beverage for the process. How can I do that and adhere to NC's strict alcohol laws? What permit would I need that is also affordable?

Answer

Contact Alcohol Beverage Control to get the proper permit for your area.

What is the statute of limitations in Indiana to pay off a loan

Question

What is the statute of limitations in Indiana to pay off a loan

Answer

Statutes of limitations pertain to the time in which someone has to file a lawsuit. It doesn't pertain to loan payoffs. The terms of your loan are contained in the written documents that you signed when you took out the loan.

My grandmother past away is anyone entitled to the deposit made to the land lord.

Question

My grandmother past away is anyone entitled to the deposit made to the land lord.

Answer

Yes, her estate is entitled to any refund.

I live in Virginia and my husband and I separated 7 years ago. We have a child custody agreement but no child support agreement I want to f...

Question

I live in Virginia and my husband and I separated 7 years ago. We have a child custody agreement but no child support agreement; I want to file for child suport and to change the custody agreement but I don't live in the county where it was filed. Should I file for the custody case to be transfered to the county I will be filing for child support? Should I transfer it first and then file for support?

Answer

Venue vs. Jursidiction...just how does this work?

Great question! We lawyers talk about jursidiction and venue all the time...well, more appropriately, jurisdiction. Rarely is venue an issue in a divorce/child support case. The proper location for divorce is circuit court. The proper venue for custody and support issue is Juvenile and Domstict Relations Court (J&DR;), a subset of circuit. There you go -- venue solved.

The question is -- did you appeal you original J&DR;determination? An appeal from J&DR;goes to Circuit -- so you need to make sure the case is really still in J&DR;.

That notwithstanding, any J&DR;court in VA has jurisdiction to hear the case. If your ex does not want you to bring the case where you are now, he can file a "forum non-conveniens". Usually, that is reserved for jurisdiction arguments, but it can be argued for venue, too -- but only if filed timely after you bring the suit.

Your case for hearing it local to you is further bolstered if the child (children?) live with you now. But this is just icing on the cake (or a handy way of smushing a forum-non-conveniens filing).

Need help with figuring all this out? Give us a ring! We'll be glad to chat with you further. 703-402-2723.

My employer fired me and said the reason is because he wants only full time employees and not part time like me. But almost every employees ...

Question

My employer fired me and said the reason is because he wants only full time employees and not part time like me. But almost every employees are part time. Also they did not pay me the last 2 days that I worked on the day they fire me. In the past year, every time they hire a person of same nationality as them, they would take away my shift and give it to the new employee. By the way, I am not of the same nationality. I think they also discriminate against me. Now they tell all the other employees that I quit. What are my rights, and is it worth going to a lawyer?

Answer

Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to help you at no cost to you. When an employee is fired or laid off, they must be given their final paycheck that day, including any earned and unused PTO or vacation pay. If not, you are owed one day's pay for each day you had to wait - up to 30 days PLUS the law states that your employer "shall" pay your attorneys' fees. You may also have a claim for unlawful discrimination.

I'm buying a house for sale by owner. It was for sale threw an auction by the owner and was not a forclosure. They just wanted to sell fast....

Question

I'm buying a house for sale by owner. It was for sale threw an auction by the owner and was not a forclosure. They just wanted to sell fast. We put 10% down at the time of the auction and agreed to close in 30 days. When we signed the purchase agreement it was dated for 10/4/2014 instead of 10/4/2013. Because the the government shutdown it will take about 3 week longer then the 30 days. Seller wants us to pay him additional $1000 and not take it off the purchase price. Is the fact that the purchase agreement was date wrong going to help me. Buyer said he will keep the 10% that we put down. I'm in missouri.

Answer

If the seller insists on closing within thirty days, they will have to return the deposit. The wrong date on the paperwork, might work in your favor.

Good luck

I was awarded permits for structural, mechanical and electrical changes to my duplex in San Jose, CA. The zoning for the area is multifamily...

Question

I was awarded permits for structural, mechanical and electrical changes to my duplex in San Jose, CA. The zoning for the area is multifamily, the approved plans clearly say "duplex" on them, they required multiple things on the permits/plans because it was a duplex, and I paid for a review by their planning department to guarantee it was a duplex in getting these permits. Upon going to get an additional permit for a gas meter they looked at the records and told me the house is listed as a single family residence. They started to imply but didn't actually say that the issued permits might need to be redone.

Can a planning department of themselves actually rescind awarded permits, or should I just continue with work as permitted? Are they obliged to honor permits awarded?

Answer

The short answer is "yes." But it is a lot more complicated than that. SFD versus Duplex can be for many purposes and contexts. For example the tax records may show a SFD, because they have not been updated to reflect that it was converted to a Duplex. That doesn't change the fact that it structurally is a Duplex for building permit purposes. Or it could mean that it was converted to a duplex without the required permits, so even though it is zoned and taxed as a duplex, the unpermitted conversion is going to have to be legalized. The practical answer is work with them on it. In the end you want a legally remodeled, legally taxed, legally occupied duplex. The way to get that is working with them and using persuasion to get to do it in a reasonable way. You are not going to win a legal fight to force the City of San Jose to do something inconsistent with its building, planning and tax laws.

College forgot to review my application. After I took a year off to apply to that school. Can I sue them for it?I'm an international student...

Question

College forgot to review my application. After I took a year off to apply to that school. Can I sue them for it?

I'm an international student who applied to a college in the states in November (early decision). My application was rejected and I asked the director of international admissions if my application can also reviewed on the regular decision pool in January. He said that it will be reviewed. But now every student had heard from the college about their decisions except me (I checked). The college's website also states that the last day for a decision is April 1. I think the director forgot to submit my application to the regular pool, even though he said he would. I will be contacting the school to ask them about this. But i would like to know firsthand if I have grounds to sue if they admit they forgot or they just send me a rejection letter to shut me up?

Answer

In Pennsylvania you can sue anybody over anything. That said it doesn't mean you should.

So when you didn't hear by March 1st why not contact the admission office then? Why wait till it's to late to address the problem?

You're claiming the college is negligent. That they breached a duty to review you application a 2nd time. That's just not going to fly. You could have checked earlier you could have applied to other schools. All would have reduced what you contend is an injury, Of which you msy not even have.

Sorry suing the college isn't going to get you anything.

I have my own hip hop beat selling website. I plan on makin a contract. Can I copy someone elses (insanebeatz.com in particular) contract an...

Question

I have my own hip hop beat selling website. I plan on makin a contract. Can I copy someone elses (insanebeatz.com in particular) contract and adjust it to my needs? it that legal?

Answer

Generally, speaking, though one can draw inspiration from a copyrighted work one cannot copy the work, therefore you cannot copy any policy or contract that was written by someone else. If you are generating revenue from the site it behooves you to consider hiring an attorney who is able to create the necessary agreements and otherwise advice you how to best protect your interests.

My firm is dedicated to entrepreneurs and we offer substantially discounted fees (as in half price) for early stage startups. Please contact me at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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

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

Do you have to.pay an inheritance tax in georgia The inheritance is from a relative who.lives in another state

Question

Do you have to.pay an inheritance tax in georgia

The inheritance is from a relative who.lives in another state

Answer

Georgia does not have a gift tax or an inheritance tax, but it does have an estate tax for estates of decedents with a date of death before January 1, 2005.

There is a federal inheritance tax however. A filing is required for estates with combined gross assets and prior taxable gifts exceeding $1,500,000 in 2004 - 2005; $2,000,000 in 2006 - 2008; $3,500,000 for decedents dying in 2009; and $5,000,000 or more for decedent's dying in 2010 and 2011 (note: there are special rules for decedents dying in 2010); $5,120,000 in 2012, $5,250,000 in 2013 and $5,340,000 in 2014.

You will also need to research whether that "another state" has any taxes.

Answer

Since your inheritance is from someone who lived in another state, you need to direct your question to a probate lawyer in that state. The tax is based on the state where the estate is probated not the state where the beneficiary lives.

PA (where I am licensed) has an inheritance tax. It is not directly paid by the beneficiary; it is is paid by the estate and comes out of estate assets before distribution is made. PA inheritance tax rules depend on your relationship to the deceased. If you are dealing with PA, email me and I can email you the statutes for the tax rates.

As Attorney Ashman noted, GA does not have an inheritance tax. Neither does NC (where I am also admitted). For estate taxes, NC follows the federal government. Since the estate tax limits have been increased (I assume that the person who left you the inheritance has died recently in the past year) then most people with estates under $5 million do not have to pay estate tax.

My step mother filed for divorce in 2010 in California. An ATROS was placed on all assets. She placed a joinder on my father's 401k, but my ...

Question

My step mother filed for divorce in 2010 in California. An ATROS was placed on all assets. She placed a joinder on my father's 401k, but my father didn't think it was necessary to place a joinder on her 401k. My stepmom was receiving alimony. My father continued to work to provide medical insurance to her as shortly after she moved out she was diagnosed with pancreatic cancer. In December 2012, unbeknownst to my father, she violated the ATROS and cashed in an IRA and also transferred her 401k and converted it to an IRA. Her best friend's husband was the financial advisor. The paperwork was filled out stating she was divorced and single and the transfer went through. She named her brother and boyfriend as co-beneficiaries. She passed away in July of 2013 and within 2 weeks the beneficiaries each received their inheritance. Through much investigation my father was able to ascertain information related to this transfer but it was too late. His probate attorney sent a letter to the bank's vice president and it was forwarded to the banks attorney. The attorney for the bank determined that the paper work filed was sufficient for the transfer and said they are not responsible for the actions of their employees. This is a large sum of money and my father says he doesn't want to fight it because of the expense and he just wants closure. Any advise you can give would be greatly appreciated. The releasing nor receiving financial institutions did not ask for proof of this divorce (obviously the best friend's husband has violated his ethical responsibility and possibly some laws along the way) and accepted a 2010 tax return that she had indicated her filing status as "single" as sufficient proof. My father is clearly listed as "spouse" on her death certificate.

Answer

This can best be dealt with in the civil courts. You ought to put the question to a civil litigation attorney.

Answer

Actually, this is a family law question that divorce attorneys handle. Family law is the branch of civil law that this should be in.

im getting married my husband owes both back taxes and back child support he is making payments on them both but once were married will I be...

Question

im getting married my husband owes both back taxes and back child support he is making payments on them both but once were married will I be liable to pay and will my earnings be attached..

Answer

Once a person who owes taxes and/or support marries, the community property the couple acquires can be attached to satisfy any obligation, but the new spouse's wages cannot be attached, and his or her separate property cannot be taken. So the key is to keep the money and assets separate. Make sure your paychecks go into a separate account, and if you want to have a joint household account, only transfer as much as needed into it from your account. A pre-nup that outlines what is your separate property is also a good idea if you have any meaningful assets. Lastly, and most importantly, if he has a payment plan in place with the creditors, help him make sure he sticks to it. They only come chasing assets when you don't make the payments as agreed/ordered.

When husband and wife are divorcing, does husband have to pay spousal support? They both have roughly the same salary. Thanks!

Question

When husband and wife are divorcing, does husband have to pay spousal support? They both have roughly the same salary. Thanks!

Answer

One of the key factors in calculating support has to do with the incomes of the parties. If the incomes and employment benefits are truly the same, then a dollar amount may not be paid. However in long term marriages, spouses may elect to reserve their right to ask for support in the future if a need arises.

Answer

It has nothing to do with the sex of the parties.

In April 2014 my spouse filed for divorce which is totally uncontested ( Divorce by deposition). June 3 had spousal support hearing where my...

Question

In April 2014 my spouse filed for divorce which is totally uncontested ( Divorce by deposition). June 3 had spousal support hearing where my spouse has been denied spousal support. My spouse has filed all the correct documents and paid for service process by sheriff. However the procedure was done out of order. On the same day my spouse filed the complaint of divorce, then filed the witness and plaintiff deposition, then on the case information there is a notice of taking deposition, and a notice of filing depo and decree. I was served the complaint of divorce by sheriff on July 3, 2014 after the court was notified I've never been served. Since I've been served should it show up on the circuit court case information site that I've been served? Everything in the complaint of divorce is correct and there are no issues regarding any support, children, or property, nor with what's in the proposed decree. Is there any need for me to file a response? If so do I just file an answer saying that I agree to all terms set forth and file it with the clerk at the court?

Answer

Something doesn't add up. How could there have been a spousal support hearing when you had not yet been served; the court could not have jurisdiction over you unless you had been served. Need more information.

do i have to return a rental care back that an auto repiar company had to rent for me due to an electrical issue in my car that arose after ...

Question

do i have to return a rental care back that an auto repiar company had to rent for me due to an electrical issue in my car that arose after the did some electrical work in my car with out them fixing my car?

Answer

If they asked you to, yes, IMMEDIATELY, unless you want to go to prison for auto theft.

Answer

How can that be answered? Can you keep a rental forever because your car needs repair? No.

I work second shift at a warehouse a long with one other female and the machine mechanic. None of us are allowed to leave the premises durin...

Question

I work second shift at a warehouse a long with one other female and the machine mechanic. None of us are allowed to leave the premises during lunch break. What can I do?

Answer

Generally, your employer must allow you to leave the premises during your meal period. Your meal period is your time, not your employer's time.

There are certain exceptions to this rule, however. Call an employment lawyer to discuss.

Good luck!

the attorney that handled my parents will, power of attorney and dnr papers has past away, their house burnt and in it was those papers, whe...

Question

the attorney that handled my parents will, power of attorney and dnr papers has past away, their house burnt and in it was those papers, where would i find copies of these documents, i mean just cause the man died his work didn't, right?

Answer

The documents you refer to usually have to be originals. For example, wills must be the originals for the court to recognize them. The reason, generally, is that people can forge copies but it is not easy to forge an original with an original signature.

Original wills can be filed with the county clerk. If the original is not there, the lawyer's office may have it.

The other documents can be recorded (not filed) with the county recorder or auditor and that may be good enough for them to be recognized. If they were not recorded, try the lawyer's office or the the law firm which is handling the dead lawyer's clients.

If you can't find where the dead lawyer's clients are now getting legal services, contact the Washington State Bar Association and ask them for that information.

an ex landlord is leining property of my brother my father and myself for back rent of a commercial property which we do not have a contract...

In DHS freedom of information sheet.If it said 3REF per page what's it stand for 2.If it say's 1 page per RIP Also what's that meaning?

Question

In DHS freedom of information sheet.If it said 3REF per page what's it stand for 2.If it say's 1 page per RIP Also what's that meaning?

Answer

What does all this have to do with immigration law?

my husband was cheating on me for fifteen years before I found out. then I left the home after he became abusive to me in front of our child...

Question

my husband was cheating on me for fifteen years before I found out. then I left the home after he became abusive to me in front of our children. I was gone for a while, so when I return he had devorce papers served to me. with only for the devorce and no money was involved, the papers said that the served papers was for the devorce only and no settlement was not envolved.

Answer

So I Left....

Answer:

Generally, leaving the home without securing a separation agreement, protective order, court order, or some form of agreement opens you up to a claim of desertion. This is made worse by leaving the kids with the alleged "abusive" spouse. Would you leave your kids with someone that hurt you? That does not make a lot of sense.

Usually, the Court will find that when one parent left, absent extenuating circumstances, the person abandoned the family.

This results in grounds (at least in VA and DC) for a "for cause" divorce. This type of divorce grants a more favorable status to the complaining spouse in terms of property settlement, pendente lite support (that's support and benefits given to one spouse during the course of the legal proceedings).

What happens if you did this?

First, you need to get all your information together. In this case example above, the person left because of infidelity and mental abuse...so document it. If you can show that the other actor was also bad, it will go a long way in mitigating the impact of walking out on the family.

Secondly, you need to get a divorce attorney that is experienced in tough, possibly negative situation divorce. You can overcome an accusation of desertion, but it takes careful planning and work.

Thirdly, track the money -- who was using the credit cards and the bank accounts. This is important is any allegation of wrong doing.

Finally, be very clear on why you came back and that the absence was of a short, fixed duration.

Do you need help dealing with a difficult divorce? Are you the bad actor? You need to get good, honest, candid legal advice. When you're ready to talk about fighting for your rights, and overcoming challenging circumstances -- call us. 703-402-2723.

I am preparing to accept a settlement from an auto accident (not my fault) but the insurance company wants my medical records. Why shouldn't...

Question

I am preparing to accept a settlement from an auto accident (not my fault) but the insurance company wants my medical records. Why shouldn't I consent to that if it makes it go quicker?

Answer

Generally speaking it's not a good idea to release private information -- whether medical, employment, education, or otherwise. Here are some reasons:

(1) The more information the insurance company has, the more likely they will find something in those records to use against you in denying your claim.

(2) The authorization form is drafted by the insurance company.

(3) The authorization form probably does not contain sufficient restrictions on "scope" (time, type, issue, etc.). In other words, the authorization form could be so broad in scope that it could scoop up all your medical records for all time, for all areas of your body, and for all medical treatment -- regardless of whether it's related (or not) to the injury accident.

This should give you a glimpse of some of the many risks that you may face when dealing with an insurance company. Best of luck to you!

Answer

It depends on what records they want. If they want records related to the accident that prove that your injuries were caused by that accident, then they would be entitled to those in discovery in a civil lawsuit. On the other hand, if they want past records that have no relation to the accident at all, then those may be protected by your right to privacy.

Can i remove-destroy spy cameras placed in my house by my 30 year old freeloading son who did so without my permission. He pays no rent or a...

Question

Can i remove-destroy spy cameras placed in my house by my 30 year old freeloading son who did so without my permission. He pays no rent or any financial assistance at all.

Answer

You may remove them, but take care not to break them. I suggest you speak with your son about this one more time as I assume you have already spoken to him.

In Virginia, is an incarcerated felon "sui juris"?

Question

In Virginia, is an incarcerated felon "sui juris"?

Answer

Appling the definitions of "sui juris", i.e., one who is entitled to all

the rights afforded a freeman or one who is not under or subject to

the power of another, the answer must obviously be, no.

May 2009 I stopped working due to work injury. first Ame exam was on Feb. 2010. Ame stated I needed specific medically treatment. In additio...

Question

May 2009 I stopped working due to work injury. first Ame exam was on Feb. 2010. Ame stated I needed specific medically treatment. In addition Ame clearly stated he wanted a job analysis report to connect my work to injury. Four years later I was scheduled for final Ame exam on feb 2014. I reminded my attorney of job analysys that Ame requested. My attorney sent the job description submitted by my employer with false data. I brought this up with attorney and said for me to write one and submit. 7 months after final Ame exam my attorney stated that Ame wants a proper professional job analysis order to submit his final.

Question: this is very stressful this delays have been unreasonable. Could I get an independent review of my case. I feel my case had been in the back burner and my attorney is causing most of my delays

Answer

No. There is no such thing as an Independent Review. You may, however, consult another attorney.

I helped my then girlfriend out my getting a loan for a new car . Her name is also on the papers as a way to help her with her credit. Since...

Question

I helped my then girlfriend out my getting a loan for a new car . Her name is also on the papers as a way to help her with her credit. Since then we have broken up and every month I end up paying the car payments to protect my credit. She has the car but fails to pay the payments. Since the loan is in my name and I do have a key for the car can I legally go pick the car up since I have every right to the car since I've made all but one payment since the car was purchased? I have called the finance company and tried to get it switched to just her name but her credit isn't good enough to get the loan in only her name. She has nobody that has credit enough to cosign for her. I have to deal with her every month trying to get her to pay the payment.

Answer

Buying something with someone you are not married to is a big mistake as you have learned. Don't do it again. Your ex-girlfriend (or anyone who needs a co-signer) has lousy credit. What they are doing is looking for a sucker to pay their bills and after awhile they are going to default on the car loan leaving you holding the bag. This is why co-signing is always a bad deal for the co-signer.

You confuse being responsible for the debt with ownership of the car. These are two different things. Who is on the title to the car? That is who owns the car. It is whoever is listed on the registration. If you are not a co-owner of the car then you cannot possess it lawfully and if you do take it, its going to be considered theft. You have no rights to the car if you are not on the title regardless of whether you are paying for it.

Responsibility for the debt is a different matter. It sounds like you either co-signed or were a joint applicant. In such case, you are stuck paying for the car if you wish to protect your credit. If neither of you pay, the lender may repo the car at some point. If the lender does that, they may come after you for the balance owed on the car. And your credit will be toast.

You have the following options: (1) if you are on the title to the car, then you can pick it up. My advice then would be that you need to buy out the equity share of the ex-girlfriend so that the vehicle can be titled in your name once the payments are made or so you can trade it in. (2) if your name is NOT on the title, then you cannot have possession of the car.

Your options: (a) You can pay the car off and then sue your ex-girlfriend; or (b) you can allow your credit to be ruined and stop paying; or (c) get the ex-girlfriend to sell the car to you for what is owed on it and you get your own financing or get someone else to buy it for what is owed. In either case, your ex-girlfriend has to be willing to sell and if she is not then you cannot force her to do that. Nor can you force her to pay. There is no way the lender is going to release you from the title. This will have to be a new car loan and you have already stated that the ex-girlfriend has poor credit and has run out of victims to be co-signers for her financial irresponsibility.

Sorry. This should be a lesson learned. Never co-sign and never finance/acquire anything with someone to whom you are not married.

How long (years) does a dentist have to suit after the last payment made on acct?

Question

How long (years) does a dentist have to suit after the last payment made on acct?

Answer

In most cases, the dentist would be suing for breach of a written contract and this would mean the dentist has 4 years from the date of the breach of the contract. The date of the breach is usually the first time you became past due.

How and where can I legally hand out flyersmenus for the pizza place I work at. It is a small locally owned restaurant in Kissimmee Florida...

Question

How and where can I legally hand out flyersmenus for the pizza place I work at. It is a small locally owned restaurant in Kissimmee Florida, we are licensed and insured. There is a history of scam companies stealing credit card numbers and solicitors breaking into hotel rooms and guest's vehicles which has lead to strict enforcement of illegal solicitation. I want to help my employer survive and grow but these unlicensed companies and their crook employees have made it very hard to use this effective and almost necessary method of advertising. Any advice would be greatly appreciated.

Answer

The simple answer is on any private property where you have permission from the owner of the property. With regard to public land you should be mindful of any local ordinances related to solicitation and panhandling, or any other city ordinances.

If you are trying to pass them out at hotels the best thing would be to talk to the management of the hotel. They may allow you to leave flyers in the lobby or give them out when customers check in. Just a thought.

The mobile home I live in is owned by my brother in law, as first owner, and mother in law, as secondary owner. She will eventually be place...

Question

The mobile home I live in is owned by my brother in law, as first owner, and mother in law, as secondary owner. She will eventually be placed in nursing care with Alzheimer's. Will the state be able to seize the mobile home for payment of care?

Answer

It is certainly true that Medi-Cal does go after real estate owned by its patients when long-term care bills are unpaid. In this situation, the picture is somewhat clouded by the question of whether the mobile home is real estate or personal property, and the fact that it is co-owned. However, the state's right to place a lien on the property is also subject to some rather broad "principal residence" requirements, which may (or may not) place the mobile home beyond the state's grasp. The law allowing (and limiting) seizures is Welfare & Institutions Code section 14006, and since it is rather lengthy, I'll suggest that you look it up on line and read it carefully to see whether the requirements are met (principal residence, etc.) for the state to seek a lien on it. Also note that with a prospective rather than a current situation, the legal, etc. outlook may change by the time Medi-Cal would otherwise be in a position to foreclose. Keep an eye on changes in state and federal health care law and policy.

If there is a child visitation schedule in place, an order or protection was vacated, I missed a month with the children and had to take off...

Question

If there is a child visitation schedule in place, an order or protection was vacated, I missed a month with the children and had to take off work to research and fight this without a lawyer. Am I entitled for restitution.

Answer

No

I had a traffic ticket last year that I was in the process of paying in installments, however I took longer to pay off the fine than what wa...

Question

I had a traffic ticket last year that I was in the process of paying in installments, however I took longer to pay off the fine than what was allotted so the DMV suspended my license. Shortly after my suspension, I was in a auto accident and I received a misdemeanor charge of driving with a suspended license after the police officer took down my information. I have since reinstated my license and the DMV has given me a printout saying my license is now valid. Is there a way to reduce the misdemeanor to an infraction? What can I do to avoid points on my license and probation? My arraignment is next month (May 2nd). Thank you.

Answer

What matters is whether your license was suspended at the time of the accident, not on the day you go to court. That you're allowed to drive now does not change the fact that your license was suspended when you were cited.

Answer

Edward Hoffman is legally correct, but in practice, many courts will dismiss or reduce the charge upon proof that you have your license. You'll probably need a criminal lawyer to arrange that for you, and if you'd like to speak to me about that, don't hesitate to call for a free consultation. Good luck. Steve Mandell 310 393 0639

Answer

I respectfully disagree with part of Mr. Mandell's answer. What he says might be true of ordinary traffic citations, but you're facing a misdemeanor charge. The court has no authority to dismiss a misdemeanor if the prosecutor wants to pursue the case. The prosecutor can decide to dismiss or reduce the charges against you, and it's quite plausible that she will. Mr. Mandell is right that this will be more likely if you have counsel.

Good luck.

My mother recently passed away and left our family home to my brother and I. While the original mortgage on the home is paid, there is still...

Question

My mother recently passed away and left our family home to my brother and I. While the original mortgage on the home is paid, there is still an outstanding home equity loan in her name. How do we go about changing the title over to us, and is it possible to do so while leaving the equity loan in her name?

Answer

If the property was left to you by Will, you need to file a Probate. The property will pass from the Probate Estate to you subject to any liens which exist. The equity loan company would need to be given notice of the Probate. The terms of the equity loan control as to whether it would be accelerated now that she has passed away. Have an attorney review all of this for you. Sorry for your loss.

Answer

The home would need to go through probate.

Most of the time you can assume the mortgage and

keep making the payments.

Is it legal for a company to take 10 out of a waitress's tips at the end of every work day?

Question

Is it legal for a company to take 10% out of a waitress's tips at the end of every work day?

Answer

It depends why they are taking it out and who gets that money. There are various tip pool arrangements that are legal but if the employer is just taking money out of your tips to keep and the employer is paying you on a tip credit then it is probably not legal.

have a friend that returned items to a store had 3 receipts and one with no receipt. left store and was arrested outside store for trafficki...

Question

have a friend that returned items to a store had 3 receipts and one with no receipt. left store and was arrested outside store for trafficking in stolen property. the case was resulted programaticily. what does this mean?

Answer

Never heard of that term so there may be some confusion. If your friend has documentation, then he should show them to an attorney.

Answer

Was your friend a juvenile? If so the term

Means they participated in a diversion program where the case is dismissed after successful completion of the program

I have been renting from All Florida Properties for two years and three months. I just received a letter from a sheriff officer that I have ...

Question

I have been renting from All Florida Properties for two years and three months. I just received a letter from a sheriff officer that I have to respond to in 20 days saying that the mortgage on the home I am renting has not been paid since August 2012. What can I do and why is it that I have been paying rent and the mortgage has not been paid.

Answer

The owner has apparently not paid the mortgage while keeping your rental. You have your tenancy rights still based on any written agreement. Without a written agreement, you have a right to remain per Federal Statute. You should consult with an attorney to determine your actual rights. Is All Florida Properties a management company or do they actually own the place you are renting? You should make sure to respond within 20 days to the summons you received.

I went to court about an old credit card debt(2600.00)....I had three options and I took the one that I know I owe the debt but I have no in...

Question

I went to court about an old credit card debt(2600.00)....I had three options and I took the one that I know I owe the debt but I have no income, I'm disabled but don't have enough work credits...My husband is also disabled and getting a small disability check(1449.00) a month....Can the collection agency take money right out of our bank account?????

Answer

They will try and you will have to claim an exemption with the court.

My Exhusband is not paying child support and has claimed he filed bankruptcy back in 2011. He and his wife just bought their 2nd luxary car ...

Question

My Exhusband is not paying child support and has claimed he filed bankruptcy back in 2011. He and his wife just bought their 2nd luxary car and take vacations about 3-4 times a year. I want to file comtempt and a judgement for arrearages. Is this possible?

Answer

You can take that approach but the best approach would be to return to court on a request for order to enforce payment of those support amount as well as seek attorneys fees and court costs.

Answer

You don't actually say if there is a current order for payments that he is ignoring. Unless there is an order that he is not paying, you cannot get anything for contempt or arrearages. In any case, you are going to need to talk to a local lawyer to sort out what your options are.

Answer

I agree with Mr. McCormick. I would also add that orders to pay child support are not dischargeable in bankruptcy.

Is it a felony to be $48,876.75 behind in child support in the state of north carolina, and go to jail until you pay the differance.... Real...

Question

Is it a felony to be $48,876.75 behind in child support in the state of north carolina, and go to jail until you pay the differance.... Really need to know ASAP.

Answer

no

Can a non custodial parent be forced to pay child support for a 20 year old that is attending college under a full ride scholarship? The sch...

Question

Can a non custodial parent be forced to pay child support for a 20 year old that is attending college under a full ride scholarship? The scholarship covers food, medical/dental, and room and board. The scholarship also pays a monthly stipend to the child. (Paternity has never been established). The noncustodial parent voluntarily supports the child directly but there is no court order.

Answer

If paternity has never been established then child support is not required

My House is foreclosed on, Once the bank takes ownership when will I have to leave? I'm in Connecticut

On August 1st 2014 I broke my ankle. I was leaving work,it was 10:30 at night.The parking lot had very poor lighting outside and is full of ...

Question

On August 1st 2014 I broke my ankle. I was leaving work,it was 10:30 at night.The parking lot had very poor lighting outside and is full of potholes.I fell in one of the holes and broke my ankle. This was on a Friday night and I was due back at work on Sunday.I thought I had just sprained it.I called my employer on Sunday to tell them what happen.Went to the er on Monday and found out it was broke.My employer does not carry workers comp.I do believe it is the law that employers carry it.They have been sent my medical bills but have not paid any. What kind of case do I have...should I sue them ? Thank You for your time

Answer

Hire a personal injury lawyer. If they don't have comp you get the choice of suing them or going into the uncovered comp plan.

Answer

Based upon your brief description it appears that you have a viable claim to make against the owner/tenant responsible for maintaining the property. Please feel free to contact me for a free consultation.

Answer

You may have a case against the property owner and/or company responsible for maintaining the parking lot. I am happy to discuss with you in more detail.

Answer

I would be interested in speaking with you regarding this matter. To reiterate what the others have said, it does appear that you have a case. Please contact me at (516) 622-0428

Answer

It may not be a workers' compensation claim. The owner of the parking lot will in most probability be the liable party, however, others may also be involved (i.e. management/maintenance company). For an absolutely FREE consultation feel free to email me ([email protected]/* */) or call me (347-702-4133) to discuss your matter. DO NOT speak to anyone about any aspect of your case prior to retaining an attorney. The liable party of their insurance representatives can be sneaky and try to elicit information from you they are not currently entitled to or have you sign papers giving up all your rights.

All the best!

Michael Krigsfeld, Esq.

Answer

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

If my adult child that lives with me starts an internet business from home, could I have any liability? (Living in Spotsylvania County, Virg...

Question

If my adult child that lives with me starts an internet business from home, could I have any liability? (Living in Spotsylvania County, Virginia).

Answer

No, I don't think so (assuming that this person has the required permits

or licenses which may be required by state law and/or local ordinances to operate this business).

I moved into my apt on 2/1/13 with a l yr. lease. I asked if smoking was allowed and was told that it was and there was nothing in the lease...

Question

I moved into my apt on 2/1/13 with a l yr. lease. I asked if smoking was allowed and

was told that it was and there was nothing in the lease saying anything about smoking. On 1/1/14 the landlord issued a new rule banning smoking in apts. but the

lease remained the same. Now the landlord is threatening to ban e-cigarettes in the

apt. Is this legal ? There is no smoke, odor, nor flame/fire. And there is still no

mention of any of this in my new lease, signed and effective as of 2/1/14. I can under-

stand his point regarding regular cigarettes and have no problem not smoking reg-

ular cigarettes in the apt. even though I have a security deposite in place and all

contents are mine. The building is solid concrete so there is very little danger of fire

damage. But I really think banning e-cigs is a violation of my rights. Please answer.

Answer

You're right; he can't alter the lease after the fact. He CAN refuse to renew the lease at the end of the term.

Better yet: tell him that will allow him to change the terms of the lease if he will reduce your monthly rent by $150.00.

I live in Massachusetts and I've recently became naturalized citizen. I've opted in for a legal name change during naturalization. I have a ...

Question

I live in Massachusetts and I've recently became naturalized citizen. I've opted in for a legal name change during naturalization.

I have a creepy stalker following me - he searches for my information online usually (I presume) and then stalks me at my works and place of living. Question - is there a way for him to find out my new name?

Answer

there is always a possibility.

I live in Labette County Kansas and I am being sued for a private loan. The attorney with Kramer and Frank sent me a notice that reads: Take...

Question

I live in Labette County Kansas and I am being sued for a private loan. The attorney with Kramer and Frank sent me a notice that reads: Take notice that the court has scheduled a hearing of plaintiff's motion for leave to file amended petition on the above entitled case in District Court of Johnson County Kansas on the 2nd of may 2014 at 1:30. Ok my question is: Can he get a ruling in the Johnson County court when I live in Labette county (about 4 hours away)? Also, this is the same date and time as the case in Labette county. Whats the deal? I sent an objection to this to the Labette county court, do I need to send an objection to Johnson County? The only thing that they are changing is the county I live in because he put Reno County on the other summons.

Answer

I would suggest you call the attorney with Kramer and Frank and ask them why the motion was set in Johnson County. You may want to see if they will settle with you for a reduced amount. They may take a less amount payable in installments with a judgment for the whole amount. The judgment would not be used by them as long as you comply with the agreement to make the installments for the settlement amount.

RE: "The proposed order is the term for the unsigned order prepared by one party that you are objecting to. If the other side will not meet ...

Question

RE: "The proposed order is the term for the unsigned order prepared by one party that you are objecting to. If the other side will not meet and confer and work it out, then you need to follow the steps in part e of Rule 5.125. If the court has signed an order that does not comply, you are going to have to file a motion."

Exactly, what Motion do I file in Family Court?

Answer

A request for order. You really need an attorney to assist you on this important procedural issue.

Answer

If the court has signed an order that does not comport with the ruling of the court, then you need to immediately file a motion to correct the order pursuant to Code of Civil Procedure section 473. There are no forms for a motion like this, and I urge you to seek legal assistance with the preparation and filing of that motion.