igned a Employment discrepancy contract. for 3.5k with a 33% contingency clause. Finish EEOC and attorney is asking for more cash. I do not have the money and need to file a Federal case. What do I do?
Feel free to contact me to discuss your possible case. I might be able to represent you going forward. You can e-mail me at [email protected]/* */ or call cell 954 295 7501.
I have a will created in 1993 in Virginia and I currently live in Florida. Is that will still legally enforceable in Florida and can I make a legally enforceable codicil to that will in Florida to add a beneficiary if it was created in Virginia or do I have to scrap it and make an entirely new will.
If it was validly drawn and meets Fla. requirements, you can add a codicil but I would have a new will prepared in Fla.
Can I prevent my sister from seeing my daughter?
most likely yes, but i need to talk it over and find out all the facts to be sure of that.
How can an OTR truck driver get temp custody of our two teenage children quit his job and go underemployed, get out of paying maintenance paying marital bills during the divorce and let the family home go into foreclosure. I was a stay at home mom for 16 yrs while he drove truck OTR raising my kids alone. But I am to receive nothing not even 25% visitation with my kids. I am scared and do not know what to do.
Much more would have to be known about the circumstances.However, a person cannot simply quit their employment to seek custody. they may be able to seek a change in careers, if that makes sense. The past history of custody and care can also be critical to any analysis.
Your case would have to be reviewed in far more detail.
In order to provide you with legal advice and counsel, an attorney would want to learn many further details as to the facts of your particular situation. I urge you to confer with an experienced attorney with no delay. Tricia Dwyer Esq Minnesota Family Law Attorney Minnesota Divorce Attorney Minnesota Family Law Mediator phone 612-296-9666 http:DWYERLAWFIRM.net
My work insurance requires my children to be claimed on my taxes to qualify for insurance. I am getting a divorce and would like to know how I am going to keep the children on my insurance if I don't have physical custody and can't claim them on insurance... can a judge order that I get to claim children in order to keep them on my insurance? I am OK splitting refund with ex...
There is actually an IRS form that is used each year for a custodial parent to disclaim the children to the non-custodial spouse. You would just need to put in your divorce agreement that your ex will sign that form for you each year that the kids are on your insurance, along with whatever other terms you want to make that fair.
I bought a house with my brother 5 years ago. I put down 95% and he put 5%. We had agreed we would split the monthly mortgage payment so that he would get half the taxe relief due to interest. He now refuses to talk to me and has not been paying his half of the mortgage the last 6 months. How do I get him off Deed and pay him off?
Well you either get him to agree, or you file a specialized action called a "partition" case. In the olden days when joint owners of property couldn't cooperate, the courts literally partitioned the property creating new parcels. Under modern parcel map acts, zoning laws, etc., that is no longer possible, so the courts conduct what amounts to a combination foreclosure sale and partnership dissolution. The property is sold at a sheriff's auction and then the owners litigate over their share of the proceeds.
Considering that sheriffs' sales draw a fraction of the market value of properties, the filing of a partition action almost always results in either an agreed buy-out by one owner, or a joint agreement to sell the property for market value and then they litigate or settle over who gets how much of the proceeds.
I have handled a number of these cases in my 27 year career and would be happy to discuss how I might be of further assistance.
I will describe two legal principles that, if used together, could produce a very favorable result.
The first is that you probably can successfully claim 95% (more or less) of the ownership, based upon your 95% down-payment and a legal principle called "purchase-money resulting trust," where title can be shown equitably owned in proportion to where the purchase money came from, irrespective of how recorded title shows (tenants in common, joint tenants, etc.) down at the courthouse, including the percentage ownership shown on the record. A purchase-money resulting trust cannot be established against evidence that one party intended to make a gift of some of the ownership, but such a situation (a gift) usually is only found where the parties are parent and child or husband and wife, not brother and sister.
So, a lawsuit to quiet title, i.e., to have you awarded 95% ownership, would be part one of the proposed legal action. Part two would be a so-called "partition action," which is a highly specialized form of lawsuit used to divide ownership between unhappy co-owners of property. Originally, the court would divide the physical parcel (generally, a farm or ranch) between the squabbling heirs, hence the name "partition" -- but by the mid-20th Century, we were urbanized and had laws and policies restricting subdivision of parcels, so more and more the result of a "partition action" is a court-ordered sale of the co-owned property, then a court-ordered division of the net proceeds of sale (after paying taxes, loans and liens, and the costs of sale). The distribution of the net proceeds is done with due judicial consideration of not only percentage ownership, but also excess expenditures that one former owner may have made for mortgage payments, property taxes, insurance, and necessary repairs. Cost of improvements to the property might also be figured into the final accounting (if all co-owners had agreed upon and/or benefitted from them), as well as rental profits made and not shared.
I note that your Zip code isn't too far from my office-at-home; actually, I do cases all over California. Also, I have made a mini-specialty of situations just like yours (resulting trusts and partition). I could handle this for you economically and expertly, and I invite you to contact me with details and further questions.
This calls for what is considered a "partition" of the property. You might even consider what is called a "quiet title" action.
Talk to the guy first and see if you can get him to agree to get of the deed by working something out (like buying him out).
By filing suit for a 'Partition' and 'Accounting' action if you two can't resolve it yourselves.
I'm willing to bet a dollar that you didn't bother to put any of this 'agreement' in writing either. If you had, you could then prove what the terms of the 'deal' were when he says 'nah uh'.
Ive been charged for hindering prosecution 1st degree. okay so i do have two historical priors (poss marijuana use class 6 and drug para use class 6 felonies)its been seven years. So anyways i was assaulted by multiple assailants one day and was put in the hospital with multiple facial fractures,lacerations,and abrasions to the face. I was discharged two days later with prescribed medications for my pain. At the time my girl friend and I stayed with a friend at his apt. well four days later i was still recovering of course and was asleep when there was a loud knock at the door so i naturally go and open the door to find police officers looking for my roommate. They said he assaulted his girl friend a few days ago and were looking to arrest him. well at that precise moment i didn't have any knowledge of his whereabouts n said just that. then closed the door n went back to my bed took some pain meds and fell asleep. When i awoke a few hours later i hear a lot of banging i go to see what it is and find my roommate standing there blocking the front door. He's a big man (280) pounds and was not letting anyone get near the door so i went to my bed and sat down. They finally blew the door down cut the power and came in with deadly force,putting me on my face re tearing the stitches in my eyelids and causing much damage to my already clearly damaged shattered face. Took me to jail and i posted bond after 16days its been five months now and I've just had to fire the court appoint lawyer who i never spoke with or met,partially cause he was in a bad car accident and in the ICU. I still haven't had any representation thus far and no funds to hire private council so any kind of advice/help could be what saves my future from years in prison for this alleged crime. Thanks ! p.s. they did extend a plea of 2.5 years in prison no probation is available but the roommate is getting out on 3 years PROBATION soon due to a plea agreement he's signed. HELP ...
I would really need to see your charges and hear more about the story. Why are they charging you with hindering prosecution? Is it simply because you said you didn't know where your roommate was? If you truly didn't know. I don't see the charge holding up. However...I'm certain there is more to your case. Did you try asking them if they would offer 2.5 years house arrest as opposed to probation? If you have a good case against your charge..may be worth fighting. You would be trying to prove that you did not hinder prosecution because you were honest in your response when police arrived. Furthermore... did they have a warrant? I would need to know so much more to help you adequately. I've given you the best information I can based on the facts. Please feel free to call with any other questions.
I went to a car dealership and financed the car. I was told I was approved for financing so they let me take the car. 2 months later I am told I was not approved for financing and to bring the car back. I dropped the car off to the dealership. They now want me to sign a letter saying I never took possession of the car. That made me question a few things. So, I went to get a copy of the title and it's in my name with NO LIENS. Don't I legally own the car?
Whatever claim of ownership you might assert under the circumstances
described would be subject to serious challenge by this dealership since you
are apparently without financing or the necessary funds to purchase this vehicle. (My opinion).
My wife's ex husband was fixing our car on Dec. 23rd 2013. He took the car after it was fixed without permission, we didn't even know he had the keys and totaled the car. Is there anything we can do???
Hopefully you had full coverage. In that case you just call your insurer. If not, you may or may not see the money probably yes if he had insurance, and no otherwise, unless he has lots of money floating around.
I am separated from my husband at the moment. He recently changed jobs and refused to put me on his Medical Insurance. Now I am uninsured. What rights do I have regarding this matter? Isn't he legally obligated to cover me until the divorce is final? We haven't even started preceedings yet.
Yes, he is required to keep you on the insurance until the court rules otherwise.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
[email protected]/* */
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
I bought a house in Pa with a girlfriend. I was not on mortgage nor did I sign the note. The deed is titled joint tenants with right of survivorship and was filed before the mortgage was. She passed away and I haven't paid the mortgage. Should I worry about foreclosure and what should I do?
Condolences on the death of your girlfriend.
Yes, you do have to worry about foreclosure. You should be on the lookout for notices from the lender about default on the note and beginning of a foreclosure action.
You may negotiate with the lender to take over the mortgage and to modify it so that it is affordable for you, but you should be consulting with a local real estate attorney to represent you since the lenders are not always responsive to individuals.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
my son just got a speeding ticket. When I was looking it over they have my husbands drivers license number and birthday, he was not even in the car at the time. Any way to fight this?
Several possible strategies. However, it is likely the officer will "fix" the error, which is legal for them to do. I suggest you hire an attorney in your area to fight the ticket.
My husband and I are purchasing a home in the state of New York. His credit is great and thus he was approved for the mortgage. As the wife, can I legally be added to the title/deed/contract at the time of signing, even though I was not approved for the mortgage?
yes
My daughter has dual citizenship, German and American, my child's mother is a German citizen, and I am and American citizen. I have never given up any parental rights, but because my child is in Germany, the mother has sole custody. My daughter and her mother will be in America in December. Once they get here can I prevent my daughter's mother from taking her back to Germany?
No, not likely, if a German court of proper jurisdiction has already awarded the mother sole custody of this child (in my opinion).
I live in one state husband lives in another. Can i move with my children to a different state? I have already filed for divorce. My kids r 12 and 14 and don't want nothing to do with him. Can the court make them c him?
Yes the court can make hem see him if the court does not find that he endangers them. And no, now that you have filed the case you can not move without his consent or an order of court.
In Pennsylvania, can an individual serve a civil complaint to defendant named in a Civil procedure
Huh? A civil complaint at the court of common pleas or a magistrate civil complaint?
I have a daughter and she just turned 1, she's carrying my last name and I signed her birth certificate. I'm getting her every other week in a month and taking care of her whenever her mom is not available - that's what her Mom and I agreed about but no formal and legal order for that. Her mom and I were not married and she's with somebody else now for a long time. I filed a case for visitation right couple of weeks ago to finally acquire any type of custody for my daughter. I was paying for her child support since she was born. Her mom said that I won't be seeing my daughter until we go to court and that is totally unacceptable. That's my daughter too and I want her to be with me. Her mom even banned me on daycare to just take away my daughter from me. I'm not really aware for my rights as a father that's why I'm seeking help her. Is there any point that I can tell her mom that I should be getting rights to see and be with my daughter too? Thanks in advance for any help. Jason from Terre Haute, IN
Legally, you have no rights until a court orders that you are the father. At that time, ask the court for makeup time for the period when the mother has denied you time. You should look at the Indiana Parenting Time Guidelines for some guidance as to what the minimum rights are for a non-custodial parent. I suggest that if possible, hire an attorney.
i was driving a vehicle with expired tags & got 4 tickets...i was going thru financial hardship...but will make everything right next week...but what will the judge say about all of this? i have no prior anything & did have a clean driving record...until this happened last week.
No one can guarantee the outcome. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
These are the easiest for the State to prosecute, especially if you knew that the tags were expired. Our associate recently beat one of these for a client, though, using evidence that the MVA mailed notices to the wrong address within a few days of issuance of the ticket.
My landlord performed renovations that the EPA found exposed tenants to asbestos and possibly to lead paint dust. The EPA has ordered a work stoppage and special cleanup of all apartments and common areas. Can tenants sue for reckless endangerment and/or infliction of emotional distress, or do we have to wait until the lung cancers and other diseases show up?
No, I believe your claims at this stage in the matter are very likely premature, and given the current status of matters with EPA having ordered a work stoppage and special cleanup, should necessarily require further time to evaluate and determine whether your landlord has in fact done anything wrong in regard to the situation described.
if i got married in pakistan and marriage did not not registered in usacan i file divorce from usa?
As long as the marriage was registered in the place where it happened, you can get divorced here. A marriage in Mexico does not get registered here and people get divorced. So as long as it was properly registered in Pakistan, you can obtain a divorce here.
I travel for work, and rent two rooms in my house. One tenant is great. The other is haphazard with her rent (currently two weeks late), and has a string of boyfriends in her room. Every single night, there are two people in her room. There is no formal lease. She apparently has mental problems, and has been suicidal. Her room has lots of prescription bottles. I'm concerned something might happen, and that I might be held liable. Can I surveil her room? Can I enter it without her knowledge (among other things, to collect the mountain of dishes)? Do I need to give any notice before kicking her out? Basically, I'm tired of the parade through my home, and don't want to get sued when one of her boys falls down my stairs or she overdoses.
Unless the lease authorizes you to do so, you may only enter her room in an emergency. In order to evict her, you must first give her written notice of your intent to evict her and why. Then, if she does not move out by whatever date you specify, you must file a dispossessory action in the local magistrate court.
I have missed a court arraignment because i was out of the country on family emergency and i myself got hospitalized while abroad. I called the court and told them i wouldn't be able to make it. They suggested i send a check and signed letter with "NOT GUILTY" written on it. So i sent them a letter along with check for the bail amount mentioning that i will miss court and would need a reschedule due to my emergency. I didn't hear from them until i received a letter for Failure to Appear.
The court sent me a letter for FTA and now they want a bail of $1,088
what should i do? i would like to see a judge to fight my case.
You should get yourself a good lawyer who will get the case put on calendar which will get the warrant withdrawn, Then the lawyer will represent you through trial. Don't try to represent yourself. You see where that got you .
My wife has a $5,000.00 judgement against her for past credit card debt. Both our names are on our house mortgage. The judgement is solely on her. My question is will this judgement attach to our home if we go to sell it in the future?
Judgment has already attached to the home; it is a lien on the real property. The judgment will have to be paid when you sell the property.
May I suggest an alternative? Why doesn't your wife resolve the judgment and settle for less before you sell it? How old is the judgment? Depending on age, most creditors will settle for 50% to 80% of the judgment. This would be somewhere between $2500 and $4000.
I can help resolve this for a reasonable . Please contact me at [email protected]/* */ if interested.
If you bought your home during your marriage, and the judgment is only against your wife, the judgment does not attach to the home so long as you are alive. This is called "tenancy by the entireties". The judgment does not have to be paid if you sell it in the future, or prevent a refinance. Bad credit will prevent a refinance, however. Your wife should consider options to resolve the judgment whether by saving to settle it or by filing bankruptcy, If you should pass away before the judgment is resolved, the judgment will be a lien on the house which will have to be paid when the house is sold.
"i rent a commercial place but in the building is an apartment were i live, can i get evicted under commercial laws"
I would suspect, but do not know for sure, that if you rent a commercial building which contains an apartment, you could be evicted from the commercial portion of the building under the less-strict commercial rules, but that the residential rules would apply to evicting you from the portion of the structure that was rented to you as your dwelling. This assumes the lease or rental agreement identifies part of the premises as residential and that you haven't just set up a "crash pad" within your commercial building without the landlord's knowledge and permission.
i just moved into a house one week ago and the water heater broke. the floor got ruined so people came in a removed the flooring but i've had to keep industrial fans running continously for 24 hrs to dry the floor and now they say it will take the whole week before they can replace the heater until the end of the week! The rental peple told me to call my renters insurance but they don't cover this situation. what can i do and why do i have to inconvienced with not being able to take a bath nor my children
Your inconvenience in the situation described is unfortunate, but
unless the landlord is somehow now in violation of the lease such as failing to take reasonable action to correct physical defects in the rental premises which s/he is legally obligated to do, you would appear to be without a legal remedy (other than to await for these needed repairs to be completed)--in my opinion.
I was involved in a deposition of a divorce for a friend and about 1/2 hour into the deposition the lawyer questioning me did not believe my answers of "I do not remember" and yelled to stop the recording and then shouted at me do you want a lawyer, which I responded no I do not. She then said something to the tune of then you better start answering the questions and was incinuating I was telling a lie by not remembering an incident from over 6 months prior. She kept yelling and abruptly ended the deposition with you need to have your lawyer contact me within 2 weeks. I asked her for a business card in which she replied she didn't have one and "you have the info on your paperwork we sent you for the deposition". She was so unproffesional it was absurd. I believe she startred screaming at me because she was not hearing what she wanted and thought she could somehow bully me. I only answered what I knew for sure and if I could not remember or did not know I answered appropriately. Do I really need a lawyer, if so why, what are the repercussions?
I'm sorry you had to suffer. A lawyer would have been helpful to curb her abuses. Attorneys are not allowed to harass witnesses, and if you said you didn't remember, an attorney could have objected that the question had been asked and answered.
I have worked for a company for 13 years and saw a position posted within that I was interested in. I applied and a short time later the nursing director responsible for hiring came to me saying she owed me an apology because I was more than qualified for the position, but someone else (a 5 year employee) had stepped in and started doing the job so she felt it would be a slap in the face not to give it to her. Do I have to swallow this bitter pill or is there anything I can do? I went to HR Director who agreed it was handled wrong, but did nothing.
Handled wrong vs. illegal are two different things. Unfortunately, unless you can show that the hiring was discriminatory, based on a protected class (race, age, gender, religion, disability, national origin), then the act was legal.
The initial thought is that age discrimination might have happened..but you stated that they gave the job to the other person because she/he essentially took the initiative and started doing the work and proved that she/he could do it.
I recommend you see an employment attorney if you still feel slighted but a lawsuit is an uphill battle with these facts.
We are purchasing a home that currently has tenants in it. The contracts are between the owner & the property management company and between the property management company & the tenants. We have been told that the deposit and all paperwork will be given to us at close of escrow. Are we are obligated to adhere to their lease until the 10/31/14 release date. Is this legally binding for us?
We are also purchasing this home on a VA which designates that we must take residency within 59 days.
Yes. You will be bound by the terms if the lease. A seller can only sell you what they own. They can't sell you property free and clear when they have given up the right if occupancy until the end of a lease. If you have to occupy before the lease is up, someone has to buy the tenant out, or you have to try to find a legal way out of the contract.
You are bound to the terms of the lease. You should get an estoppel certificate from the tenants so that you will know the terms of the tenancy prior to closing.
You have a problem if you are supposed to occupy the property. Buyers who take property that is leased to others, take the property subject to the existing lease. In other words, you are simply buying out the previous landlord and are becoming the new landlord.
My father passed away and his wife has refused to not only speak with me but refuses to discuss the property left. He has no will in probate and according to her nothing even stating his wishes for his personal items. I am not looking for money or anything obtained during their marriage. He does have several things that are sentimental to me and were items obtained years before he married my step mother. I would like to know if there is any way to obtain these items......
The answer is dependent on what she files (administration versus years support). If the items matter to you, see a lawyer and file to be temporary administrator, as you my be entitled to up to half his estate.
I agree with Attorney Ashman. If there was no will and if this is in Georgia, then you and your father's wife get to split the estate assuming that you are the only child. If your father had other children, you and the other children would get 2/3rd of your father's estate.
This also assumes that there were assets to probate. What did your father own and how was it titled? Your post is a little confusing here. Estates should be probated if there are probate assets - regardless of whether there is a will. If there is no will, then estate property is distributed as per the state intestacy laws. If there is a will the the assets get distributed as per the will.
So (a) is there a will; and (b) are there probate assets? Not all assets are probate assets. Probate assets are things titled solely in your father's name - could be cash, cars, land or other personal property. Non-probate assets are things like jointly held real estate with a right of survivorship, joint checking accounts or payable on death accounts, life insurance or any other asset that has a beneficiary designation.
I know you are seeking sentimental-type items. It would be nice if your ee-ville step mother would permit you to have them. The problem though is, even if you get a lawyer or a court order making her turn over items, she may claim these items do not exist. I don't know how far she is willing to go and what kind of legal hoops she is going to make you go through. Not talking to you does not bode well.
You would do well to at least consult a probate attorney who practices in the county/state where your father resided prior to his death. While you say you do not want money, it may be that for a small fee, the lawyer can send the wife a letter to try to get her to turn over the items especially if they hold no actual value only sentimental value.
If a defendant sued for breach contract files a motion for summary judgment and the district court denies it and on appeal court affirmed the district court's decision. What does this mean? My main question is do you think the appellate court agreed? And agreed with whom or with what? And why?
The first thing you need to know is that summary judgment is deemed a harsh remedy in that it deprives the losing party of his or her day in court. That being the case, all favorable inferences are decided in favor of the opponent.
Also, there is a common misperception by pro se litigants that summary judgment is a mini trial on paper. That is not the case.
The purpose behind the summary judgment motion is to dispose of all cases where neither party disputes the facts and one of the parties is entitled to judgment as a matter of law. For example, when a one car rear-ends another car which is stopped, the law holds the driver of the offending vehicle 100% liable. If the offending vehicle's driver admits to striking the stopped car, summary judgment is warranted. However, if the offending vehicle's Driver testifies that the car he struck was moving in reverse, the determination as two which party is telling the truth is left to the jury to decide based upon the credibility/believability of the parties.
I suspect the judge believed that plaintiff was able to raise a triable issue and that's why summary judgment was denied. When the appellate court affirms, that simply means that it agreed with the decision of the lower court. Generally, the appellate court issues a written decision. If you want to know why the appellate court agreed, you can obtain that decision from the court or it's website.
My colleague offered a good response.
In short, it means your motion was denied. An easy way to consider summary judgment is to ask the question: is it possible that the non-moving party (the one that did not make the motion) could possibly win their case? If not, then summary judgment is likely. But if there is any question of fact involved, meaning that the party has a chance to prevail, then SJ is not warranted.
I suggest you consult a civil litigator to get some guidance as doing this pro se as a defendant is risky business.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
(1) District Court found that you had not established your defense as a matter of law, or that the plaintiff showed an issue of fact that needs a hearing before it can be accepted or rejected.
(2) The Appellate Term agreed with the result, i.e., you don't get a dismissal. The affirmance might have been based on the decision of the District Court, or it might have been based on a different reason. You have to read the decisions.
It sounds like this is a full bore District Court case, i.e., more than $5000 (and less than $15000) at stake. (Smaller cases are brought in the Commercial or Small Claims part unless there are special circumstances. I'm being polite. A case in the "Big Boy" court for less than $5000 is usually smelly and I defend them on that basis.)
You're defending yourself probably because many lawyers have an inflated view of how much their time is worth. You would be surprised what can be done. I defend cases in the District and Civil Courts, many of which seek as little as $1000 in recoveries. It can be done economically. (I also have cases that I call my Poster Children; one is a plumber from Nome Alaska who's being sued in New York City Civil Court for $635.00 and another is a gift shop owner from Huntsville Alabama who's being sued for $247.00.) You can reach me through the Lawguru mail system or directly as [email protected]/* */
Can CYFD take my kids from me if there is no drug use or domestic violence regardless if I have had a previous case with them. My husband and I are living new lives drug free and changed to the fullest. I'm aware anyone can call and I have already been threatened ad I'm ok with that just wondering if there is no findings this go around if that gives them any power to take them just because of what happened in the first case?
CYFD acts under the authority granted to them by both criminal laws and the children's code. Thus, their authority to 'take children' is not simply limited to drug use in the household or domestic violence. If the children are in an 'unsafe' place by being in a particular household CYFD can probably take the children until they are proven wrong or until the situation has changed.
Unfortunately, this is an area of law where many families feel the full weight of the government in their lives and it is a very unpleasant experience. Fortunately for some children it is a good thing we have such a government agency.
Hope this helps.
Law Guru
If defendant's (a company with Insurance) counsel settles a case (at the request of Plaintiff's demand), at the early pleading stages (before responding the complaint), then the Insurance carrier saves the expense of litigating the case through Summary Judgment and/or Trial.,,, So both the Plaintiff and Insurance carrier benefit because Plaintiff got paid & the Insurance saved further costs, BUT what about the defendant's counsel? Does defendant's counsel get a partial % from the defendant's insurance company/carrier or some incentives for settling a case early?,,,Because I would think that a defendant's counsel would want to defend the case as far as possible to get paid from defendant's Insurance company...I know defendant's counsel has an obligation to relay any settlement offer to his client and the insurance company, especially under CCP 998 et seq., and if the case settles early, that would mean less litigation work for the defendant's counsel down the road, in that case.
The defendant's counsel incentives to settle early includes wanting the client to be happy. But there is a conflict in insurance defense attorneys, who are paid a much lower hourly rate than others, to come up with reasons to continue the litigation.
Your question seems to imply that defendants will use what they believe they will spend on the litigation towards settlement That is simply not true.
If the defendant has insurance 99 out of 100 times the insurance company is providing the defense counsel. As long as the settlement is is within policy limits, the defendant pretty much has to agree to it or lose coverage. So it's really between the insurance company and defense counsel when and for how much to settle the case. Some insurance companies give incentives for early or favorable settlements, others just consider getting additional work in the future to be the reward for defense counsel who settle early and favorably.
Many insurance companies use in-house lawyers who are salaried employees. They have a case load and more work than they can handle so they do not have an incentive to drag out or prolong a litigation. As noted above, insurance companies do not like over-paying, whether it is the settlement amount or the amount they pay their attorneys, so lawyers who are not able to resolve cases efficiently are not likely to get repeat business from insurance companies.
I have a living trust in CA, am the Settlor and wish to cancel the trust. How do I do it?
I assuem this is a revocable trust. The trust instrument itself should have detail as to how you can revoke the trust. Once revoked, you must also transfer each asset placed into the trust out of trust by deeds, changing account titles or otherwise.
You might find it helpful to discuss with an effective estate planning attorney why trusts are used, the consequences of revoking the trust, and the methods of reconveying title.
If this is an irrevocable trust, you likely are not able to revoke it.
Mr. Christian's advice is sound and you should follow it.
how long does a person have to legally pay child support?
Until the earlier of 1) the death of the payor, payee or child; 2) the child reaching 18, unless still in school, in which case graduation or reaching age 19; 3) the emancipation of the child by becoming financially independent, etc. However, if the child has reached 18 (or 19) and is severely and permanently disabled and unable to support himself, the obligation to provide support will continue.
Hello, I have a question. When I was 18 or 19 I was working at a convience store, I stole some food from out of the store, I was told by the manger that if I confess to it be at least $200 worth of items, he would not press charges, well he did, but I never took that much I promise you, but being young I was scared. I got finger printed in my local town and now have that record, I am 54 years old now, can I have that expunged from my records?? And if so what would I need to do.??
If you have had no other criminal convictions, you are and were, long ago, entitled to apply to the
Superior Court of New Jersey to expunge the record of your arrest and conviction for shoplifting all those years ago. I would help you with that. You should call me at 201/342/7933.
Sure you can. Call me at 732/773/2768 to discuss.
I am an iraqi citizen. I want to buy a house in usa. Will it make citizenship easier or what offers do i get
Buying property in the United States will not assist you with becoming a U.S. citizen.
In order to become a U.S. citizen, generally, you would need to have eligibility to apply for U.S. Legal Permanent Residency. Once a LPR for 5 years, you would be eligible to apply for naturalization (other criteria must be met to be approved).
There is no immigration benefit to purchasing a house in the United States that I am aware of at this time.
I'm a divorced father with joint custody of my 6 year old son. I was told there is a law that went into effect January 1, 2014 in Illinois that states that when a child is in any kind of childcare, babysitting, etc.. that the person or place has to be approved by both parties, is this true?
I believe this is what you are referring to. There is nothing here that gives the non-residential parent the right to approve or disapprove of the residential parent's choice of caregiver. It only requires that the non-residential parent be given the opportunity to provide childcare in the event the child is to be left in the care of a third party for a substantial amount of time. No definition of "substantial" is given. Also, this statute gives the court the right to consider making such a ruling when awarding joint custody or visitation rights in the event the parties cannot agree on how this is to be done.
HB2992 Enrolled LRB098 07270 HEP 41552 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by adding Section 602.3 as follows:
(750 ILCS 5/602.3 new)
Sec. 602.3. Care of minor children; right of first refusal.
(a) If the court awards joint custody under Section 602.1
or visitation rights under Section 607, the court may consider,
consistent with the best interest of the child as defined in
Section 602, whether to award to one or both of the parties the
right of first refusal to provide child care for the minor
child or children during the other parent's normal parenting
time, unless the need for child care is attributable to an
emergency.
(b) As used in this Section, "right of first refusal" means
that if a party intends to leave the minor child or children
with a substitute child-care provider for a significant period
of time, that party must first offer the other party an
opportunity to personally care for the minor child or children.
The parties may agree to a right of first refusal that is
consistent with the best interest of the minor child or
children. If there is no agreement and the court determines
that a right of first refusal is in the best interest of the
minor child or children, the court shall consider and make
provisions in its order for:
(1) the length and kind of child-care requirements
invoking the right of first refusal;
(2) notification to the other parent and for his or her
response;
(3) transportation requirements; and
(4) any other action necessary to protect and promote
the best interest of the minor child or children.
(c) The right of first refusal may be enforced under
Section 607.1 of this Act.
(d) The right of first refusal is terminated upon the
termination of custody or visitation rights.
Effective Date: 1/1/2014
I cosigned on a vehicle for someone that promised to never miss a payment. Welp they did time after time then telling me "I cant afford it come get it or arrange for repo" always avoiding financial company. My credit took a dive from 800 to 596. Putting my financial life at risk. The only way out of the loan was to pick it up and sell it for $8900 less then what it was worth because of the horrible negative equity involved. The only way I could sell it was to trade that in and my personal vehicle to get a new car (because the bank would only approve me for a new car) applying the 8900 to the loan. So in the long run my apr is sky high and I just had to buy a new vehicle and add $8900 just to keep from getting repo then sued for what the car didn't sell for at auction. Can I sue her for the difference of what I traded the vehicle in for and the negative equity applied to my new loan because she lied and forfeit the vehicle back to me, and I was forced to do this in order to save myself from a financial collapsed?
I would.
I am looking to see if I can or have claim for the injuries sustained as a result of unprovoked assault inside the a health club basketball Court by another health club member , The attack resulted in a broken Jaw and I was taken to the ER treated and released after scheduling a medical surgery to repair my jaw. The attacker was arrested by the Police and charged with malicious wounding. The cost of the medical bills and other special needs costs are swelling
- Can request the club insurance pay the medical bills
- Can we claim Pain and suffering
The attacker has no money or asset
Yes, start with your request to the club to have its insurer foot
at least your medical bills. But, should it decline (perhaps, on the ground that it cannot be held responsible for this kind of injury), then you may be looking at suing both the club as well as the club member who assaulted you for your medical as well as the damages for your pain and suffering.
(And, yes, you will need an attorney with appropriate experience in litigating
personal injury matters for this kind of a claim.)
What did the club do wrong? Your attacker was not an employee. The club almost certainly didn't ask you or any other perspective member to prove they're not nutters, or psychopaths, or capable of being bad actors, so they could deny such people membership to protect their other members.
If a settlement has been offered to me the plaintiff is my attorney obligated to accept it if I instruct him to do so even if he feels the amount is not enough?
Yes, if you instruct your attorney to accept, then he or she must do so. However, they may ask you to sign a statement that you have chosen not to follow their advice and instructed them to accept the settlement offer. In addition, if this is being submitted to the Virginia Workers' Compensation Commission, your attorney will not be able to advise the Commission that he or she believes the settlement to be in your best interests and that could prove to be a problem getting approved.
You need to discuss this thoroughly with your attorney.
can i make an even exchange of real estate to my neighbor for equal value of building me a garage with no monetary implications to either party?
By "monetary implications" I am assuming you mean taxes. There is transfer tax required on the transfer for real estate regardless of the exchange for the labor to build. Transfer tax is $4.40 per thousand, and likely the value of the land being conveyed is modest, so the tax will not be much. The other tax is income tax on the part of the laborer. If the real estate was reduced the $, then the laborer would declare it as income, so the fact that its real estate worth a certain amount of $ does not change that.
There will also be costs to do it this way such as the cost of the deed preparation (about $150), recording the deed (about $26), and it may be advisable for a surveyor to prepare a proper legal description depending upon the circumstances.
Can an attorney be sued for misrepresentation in a class action medical claim because medical records and information resulting from injuries sustained were omitted during settlement?
I'm not sure where the mis representation occurred. In a class action, an attorney does not represent each individual class member. He/she represents one or a few representatives. How did not submitting your medical records hurt the case?
Also, misrepresentation is a claim a person brings against someone who harmed them...it is not brought against a person representing you...it seems you may be thinking more along the lines of malpractice.
is assault arrestable and is proof , like a witness required?
Yes
Yes, proof is required, but the victim can provide it; with or without other witnesses.
I have 68/32 custody of my 7 year old and his dad is taking me back to court to try and get 50/50. the order was made 4 months ago what are his chances?
Given that the court has broad discretion to order any custody schedule the court finds to be "in the best interests of the minor child," there is a great deal of guessing in predicting a custody hearing outcome even with all the facts and information available when representing a party. Given that you have not provided even a single detail about the case, I could flip a coin and be as accurate as anything I could tell you based on your question as asked.
A complex question deserving the attention of an experienced family law attorney in an office consultation.
If there are no new facts about the issue since the last custody order - his chances aren't good. But, if he is alleging something significant has happened since the order (e.g. you started using drugs, domestic violence, neglect etc.), I defer to the above answers.
My husband's father was killed last year. He was a NY state corrections officer, though he didn't die on the job. In his will, everything was left to his girlfriend. His life insurance was split between his mother (my husband's grandmother) and the girlfriend. My question is about the 3 years of his salary. It was split between my father-in-law's brother and father. My husband inherited nothing. He is the only child and we have two daughters. He wants to sue for a piece of the 3 years of salary. His father's girlfriend says he cannot because the brother and father were the listed beneficiaries. So my question is this worth pursuing or not
Possibly. Further information is needed, such as the ages of the beneficiary designations. Were they in place before your husband was born? It is also possible that if your husband was not mentioned in the Will he may have a claim against the estate as a forgotten heir. I suggest retaining a good estate/probate attorney and have him/her check these matters.
if I got fired am I entitled to collect my tips for the weeks I worked?
You are entitled to payment of all wages and tips earned for the time you worked. Your employer is generally supposed to pay everything owed within 72 hours of your firing.
If your employer is not timely paying you what you are owed, you may be entitled to additional amounts and penalties. You can file a claim through the labor board or talk to an employment attorney.
A dear friend of mine told me that when she passed, she would help me and my family with a "substantial sum" . She also said my deceased brother (adopted at birth by the deceased and who i knew for a little more than a year)had savings which was added to that sum which would be granted to us, when she passed, God rest her soul.
Here's the problem: the person in charge of her will, estate and worth is her daughter who has never liked me. I am Muslim and because there is absolutely no other reason to dislike me (i met her once, literally), I believe its because of my religion. Anyways, my dear friend died in March 2013. Telling you we are in need of help is an understatement. I dont know how much has been alloted to me and my family. I just know its there. How do I inquire about the will and what has been left for me???? I am certain the daughter will do anything in her power to stop it from happening. I am in Delaware, the deceased lived in California. Desperately in need of your help. Thank you.
Obtain probate litigation attorney in the county of the death of the deceased to represent you to commence a probate petition, and to determine if the will was filed with the court, which is required by California law after death, if there was a will. Whether there was a will or not, commence with filing a petition into probate, which will require notice to all potential heirs, creditors and other interested parties. Best to use legal representation process, as the probate process is not easy, and be prepared to pay the lawyer. There may already be a petition for probate on file. Check the county internet in which the deceased died, and look at the probate filings. This will give you a good start on answering the questions you have.
My 12 yr old says her friend found pictures of her dad and his girlfriend performing sex acts. The pictures are time stamped as being times when she and her younger sister were in the home. My question is it it illegal for him to take these pictures with the children in the house?
No.
It is not illegal. It is apparent the children didn't even know it was taking place and would not have known if he hadn't been so irresponsible in leaving the pictures out. It also would be difficult to even prove the children were in the house at the time.
My daughters father is court ordered to pay half of medical expense and is refusing to pay half of her second set of braces. How do I take him back to court to make him pay ? I do not want to hire an attorney because that will end up costing me as much as the braces. Please help !
In Ohio, it depends upon what the decree says about who is to pay for the braces (usually referred to in Court orders as "orthodontia"). If the decree requires him to pay half and he refuses to pay it, then you will want to file a Motion to Show Cause why he should not be held in contempt of court for failure to abide by the Court's order. If you win and he is found in contempt, then he will either have to pay for his end of the braces, and your attorneys fees, or he will have to go to jail.
Can my Manager hold me after my designated time to leave work to finish what ever needs to be finished? I work at Sams Club and my General manager has started punishing associates for leaving when they are scheduled to leave and is labeling it a "Job Performance" issue. I live in Kentucky and was wondering if it is a State law issue, or possible a federal. I know Wal-mart's policy states an associate "coached" for leaving when they are designated to will be forgiven. It isn't a coachable offence to Wal-mart, what about Sam's club, which is also a Wal-mart inc. store.
Unfortunately, Kentucky is an "at will" employment state which means either party (employee or employer) may terminate the working agreement "at will." Unless you have a contract with Sams Club indicating you only work during scheduled hours or you are being discriminated somehow based on a "protected class" in which you are a member; such as race, religion, political affiliation, age, sex, or one of the other distinct protected classes.
As far as the policy portion of your question, I am unfamiliar with Sam's Club employment policies. If you would like to provide a portion of the policy for my review then I may be able to help further in that regard.
I hope this answer has been helpful. Please let me know if you have any other questions.
Take care,
By applying several credit cards on his own name and not paying for them, my husband accumulated huge credit card debts. The court awarded each party the debts post separation. The court also awarded me our residence (the house). After getting the house title out of his name, can any of his creditors still obtain a judgment and record an abstract that attaches to the house? We both live in California.
Under California law, the creditors have a right to go after either spouse. In your instance if your ex fails to pay his debt, you have a right to return to court and ask for enforcement of the judgment. You may be entitled to sanctions and attorney's fees for his failure to comply with the court ordered judgment. You may be entitled to attorneys fees and sanctions for his failure to comply with the judgment.
MY daughter was driving an unregisterd car and side swiped another car her fault. no police were called but now the other drivers son is saying he wants 900 for damages to the car or hes calling police and DMV. I dont have it and neither does she. The accident was over a month ago.
A little like extortion isn't it. I don't like that. However, your daughter did side swipe the other car. You say it was her fault?
I would do one of two things:
Contact the DMV myself or work out a negotiation with the other side. Get proof that the damage was worth $900 or you are likely to meet this person in court if they choose that route.
Unfortunately, these things don't just go away. I would hate to see your daughter get a bad record with the DMV, especially for insurance purposes down the road.
We might need more information to answer this question adequately. However, from what you have told me your daughter caused some damage to another individual's automobile.
In Pennsylvania: My elderly father was three years into a divorce (they separated 2.5 years ago) passed away last month. The marital house was underwater and in foreclosure when he and his wife separated. Months later through bankruptcy and my negotiations with the bank the house is out of danger and now has some equity in it no thanks to his deserting wife. It's a tenancy bu the entirety and the divorce had not been finalized before his death. Does the deserting wife now get the house even though it was worthless before she walked out on my father and filed for divorce?
If either party dies before the granting of a divorce then the divorce abates, That is the proceedings end and they died married.
John
I pay child support for my son. In 2013 my salary was $17 a hour, my child support
was set at $543 a month. In 2014 my salary dropped to $8 a hour. What is the process to get my child support decreased? And what is the timeframe in which I can request an review to the Courts of my income change? Is it immediately when it change or 2-3 years?
You should be able to petition the court anytime for a review
and adjustment of your support (if warranted) by the change
in the amount of your income, but it will be up to you
to present the necessary evidence to persuade the judge that your
support should in fact be adjusted in accordance with the Virginia Child Support Guidelines.
However, if your support was administratively established through
DCSE, you will need to make a request directly to this state agency
for this aforementioned review and possible adjustment in you child support obligation.
I have a newborn baby that was given the wrong shot at the hospital instead of a hepatitis b shot they gave her a tetanus shot is there a case here or no
Unless a doctor connects some physical injury to the newborn, with the wrong injection, probably not. VTY, MEZ
my child lives in Illinois but my divorce and custody case were in Oregon. Where do I file a motion to change visitation?
Normally in the Court that issued the Order. But, in some circumstances you might be able to proceed in Illinois. Consult with an attorney.
I was told by my former employer that "it's not working out" after nine months with them. That was 3-31. I had an epidural and carpal tunnel surgery schedule in April. I have since found out that my health insurance was cancelled on 4-1. I did not receive my COBRA information until 4-11. I had to cancel the epidural and the surgery. Can they do that?
Oh, you have to be kidding. I do NOT do this area of law, but that just sounds completely wrong.
you need a lawyer who does employment law. I know two good ones in Bergen County, New Jersey. Contact me if you wan their information.
Is it true that the appointer of a conservetor can remove said person if theyare not performing correctly
You posted your question under Constitutional Law, but it's really about Elder Law, Family Law, and/or Probate Law. Please re-post it under one or more of those categories. More lawyers with the relevant expertise will see it there, and future users with similar questions will be more likely to find it.
Good luck.
My elderly grandma has 24 hour care in her home. Recently we noticed some items are missing from her home. Is it legal to install cameras in her apartment?
Yes
I would like to find out something please. I have sign a pda agreement back on June 26, and in that it have my ex wife custody to the kids. I have joint custody but she has physically custody. Can I get that change being that we are final divorce. We got are final decrees February 11,2014 she is saying what in the agreement stay not going to change it. She is going after me for child support but if the visitation is not set up then how can she do that..
Also I have insurance on the kids also and she does also to.
We also sign saying that we will pay 50/50 ,on the kids but I am not getting the village on anyone and she is saying that it over 3000.00 that I own here. So I need to see what to do about that.
I believe you also asked about QDRO (Qualified Domestic Relations Order) operations. Both of these topics are complex. It also sounds like you will need to return to court to settle a parenting plan that includes visitation schedules (also known as custody arrangements). It seems odd that was not part of the original order -- did you do this pro se?
If you both cannot agree on visitation schedules, you will need to return to court to get an order specifying the days, holidays, tax consequences, and child support.
These matters will require you to retain counsel. Bluntly, you simply lack the background to do this without causing yourself tremendous damage. This is NOT a game. Make a mistake here, and you will be stuck with considerable back child support as well as a screwed up retirement plan, and an inability to see your kids.
Do NOT play with this. Get assistance. We'd be glad to help you -- but, you can go with any properly licensed and experienced family attorney. Our retainers start at $1500 and we offer payment plans. Would you like to discuss this further? Give us a call at 703-402-2723.
i got stopped by wallmart for shoplifting with a friend and i ran away and he stayed they have my name and number what can they do?
While I can't give you legal advice and nothing I say should be interpreted as legal advice, I can generally say that retailers who suspect or catch shoplifters can and commonly do send them civil demand letters in the mail. The civil demand letter commonly states that unless the suspected shoplifter pays the store of sum of money and stays away from the store in the future, the store may report the shoplifting to the prosecutor, who may decide to file charges.
Your decision, should you get such a letter, is whether to pay the amount of money demanded, or, if you don't, risk having the theft be referred for possible criminal charges.
Can you be forced to give urine specimen by hosp against your consent if there is no court order, was in police custody at time for disorderly conduct and public intoxication and was physically restrained by hosp staff and police and a catheter was inserted into my bladder against my consent
No you cannot be forced, and the hospital may not perform an invasive procedure without consent. If it happened as you described any evidence obtained should be suppressed and you can sue the police and hospital. Feel free to call or email me.
A non-custodial parent repeatedly refuses to honor the details of the court order of custody, arriving late to pick the kids up and returning them late from visitation. What recourse does the custodial parent have? How does she go about getting the court order enforced?
From the limited information you provided, it sounds as though a contempt action will be your best option.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com/blog) or our website (www.SCFamilyLaw.com). I wish you the best of luck.
Ben Stevens
I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?
Pursuant to AC21, if you were in the U.S. at the time you reached the 6 year maximum period of stay, and you possessed an approved I-140 with a priority date that was not current, then you could have applied for your "7th year extension".
However, since you are out of the country, and have been for over one year, you will need to re-apply under next years' H1-B cap (April 1, 2015).
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM
I had my motorhome voluntarily repossessed in Oct. of 2012. They sold it for a low price and sent me a bill for the balance. I have not paid them a dime since then.
All three credit reports show a Charge Off, in addition one said SKIP.
Is there a time limit where they can no longer attempt to collect from me?? I haven't heard from them for over a year.
Four years from when they sold it and you didn't pay the balance is their deadline to collect. However, they can report the fact that you failed to pay and they had to charge off the debt (which is an accounting and tax exercise NOT a forgiveness of the debt as some people seem to think) on your credit report indefinitely. The fact that a debt cannot be collected does not mean it goes away as far as being a debt not repaid for credit purposes.
hello my name is rosa.
my question is .can my husband fix his mom paper first and then 2 months later can he fix mine?
If your husband is a U.S. citizen, then he can petition you & his mother. However, if you are in the U.S. illegally, then you will have to file a provisional waiver of inadmissibility first. If approved, you will still have to apply for the "greencard" outside the U.S.
I highly advise that you hire an experienced, licensed immigration attorney to assist you with this type of case, and NOT a "notario", paralegal service or other non-attorney. Also beware of people who want to charge you too much money.
Good luck to you both!
This requires a more in-depth analysis than a simple web-posting. Please call us at (212) 968-8600 or toll-free at (800) 750-1828 to discuss in greater detail. Kind regards, RDM
Is a 99 year lease in PA. legal? Can such a lease be challenged on the basis that the lease price of $1 per year is not a fair value for the property being leased and is causing financial hardship on the lessor?
Ok if it's a hardship on the lessor why did the lessor sign the lease in the first place?
John
How long does it usually take for the State of Florida's prosecutor to file charges?
Every case is different but the majority of them are done very quickly if an arrest was made. If an arrest was not made it can take quite some time (even years).
Orig.Question: If a neighbor decides to buy the house from their landlord, can they force me to pay for 1/2 fence replacement now? I've repaired part of it previously, they have a short cyclone fence on their side next to the old wood fence & only want to replace it now they've decided to buy the property. I cannot afford it. Especially if they get contractor quotes & aren't looking for least cost alternatives, I suggested I would help with labor. I apologize, Anthony, for not giving the info. you needed.
1. I don't know for certain, but it appears the wood fence is on the property line between our homes. I believe this means a "boundary fence".
2. Currently the owner of my neighbor's home is a landlord, I have never met him & have no agreement with him for the fence or anything else.
3. I don't know when the fence was installed, long before I moved in, which was 05/2009.
4. My neighbors have recently, 2014, decided they are buying the home next door. Now they are asking me to pay for 1/2 of the replacement of the fence, although a friend & I repaired the back section of the fence in 2010, which is sturdy. I believe only the center 1/3 is in need of repair at this time. Because they are buying the home, I can only surmise they are trying to force me to pay right now, although this is an extreme hardship. I simply cannot afford it right now. The fence has been the same, except for my repairs, for over 5 years.
5. We have no agreement, they've been renting the home for many years. They've never said anything about it until now.
6. The woman next door told me she's having "the fence company" come over this week. I have not agreed to any company, much less a full retail contractor. I have offered my labor since I told the woman I cannot afford to pay anything. She advised Bob, the neighbor on the other side, did the work himself, with a crew and it came out nice. I don't believe I should have to accept whatever bid she gets, especially since she's not the owner as of now.
7. What can I do to minimize the expense? I am willing to make the center section sturdy, like my friend & I did for the back section. She's talking about replacing the whole thing.
8. I will be looking & taking pictures this evening after work, but I believe they have a short cyclone fence on their side, next to the wood fence. Does that matter? Perhaps the cyclone fence is their responsibility & the wood fence would be up to me & them, since they have "use" of it? I'm completely confused, overwhelmed and upset since I cannot afford anything extra now. My hours have been cut back & I was just notified that my roommate is moving 09/01/14, giving me $500 less per month.
If the fence is on your property, it is your fence, unless someone has encroached and built a fence on your property. It is your responsibility to maintain your own fence.
In the same fashion, a fence on your neighbor's property belongs to them, unless you or a previous owner of your property has encroached and built a fence onto their property. In the same line of reasoning, your neighbor's fence would be their responsibility.
As pointed out by Mr. Whipple, yesterday, Civil Code section 841 provides that adjoining landowners are jointly responsible for maintaining common boundary fences, absent any agreement between them to the contrary.
At this point, I advise against assuming that this a common boundary fence. You need to clarify where the property line is, and be sure whose fence it is. This may require a surveyor.
I have vacated an apartment in California. The leasing office has sent me an invoice of $2026 and after deducting my security deposit of $550, they want me to pay $1450.
I leased this apartment for 8 months and now they are charging me -
$250 for painting,
$175 for unit cleaning
$151 for kitchen counter
and $1828 for carpet replacement.
Personally these amounts sounds absurd and irrational, Need your advise on how to proceed with them?
Thanks & Regards
Sachin
You leave out some fact here. Did you do anything that damaged the carpet, counter, or walls?
You can't be charged for cleaning if you left it as clean as you found it. You can't god charged for normal wear. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf is a good place to start look at page 53.
If you need assistance,we may be able to help.
I have a 14 year old, who wants to change high schools, and go to the one by my house. She does not want to see her dad anymore, because he is always gone, and he is abusing prescription medications, and alcohol. what would happen if she "ran away" to my home? As long as I kept her in school, in my district, and provided her basic needs, and told him he could still see her on his scheduled days, do you think this could be a problem for me?
You raise multiple issues, the most urgent of which is safety and welfare concerns for the child. 911 is to be phoned should a child be in immediate sort of danger. One or more police welfare checks may be requested. Child protective services is to be contacted. I urge you to confer privately with an experienced family law attorney so she may assist you with the issues. Your attorney will want to review the existing court order, if any. Tricia Dwyer Esq ph 612-296-9666 Minnesota Child Custody & Parenting Time Attorneys Minnesota Family Law Mediator Minnesota Child Endangerment Law, Minnesota Chemical Dep. - Alcohol. - Legal Issues. Tricia Dwyer Esq & Assoc PLLC
my mother bought an expensive purchase. I have power of attorney. can i make the company take back the product.
it is unclear from your description
If you were charged with leaving the scene property and reported your vehicle stolen filed an insurance claim then withdrew it would I have to be found guilty of leaving the scene before being charged with insurance fraud ? This is in mass thank you
Not really as they are both separate crimes with separate elements to be met. Leaving the scene requires the knowledge that you caused damage to property and did not stop to make yourself know. The insurance fraud would require the intent to defraud the insurance company. You can contact my office for more details 774-745-0562.
In the state of California can you collect child support from the father if you live together
Historically there is case law that says one parent can sue for support, even if the obligor parent lives with the child to be supported. In modern practice, it is very rare and the dissomaster program does not generate a value for child support when the obligor parent has 100 custody and visitation in a cohabiting arrangement. I suggest you speak to a competent family law attorney near you, because you may have facts that require further analysis and discussion.
I have full custody for one of my daughter and her father pay $55 a week in child support thru the courts and we have never been married and for my other daughter me and the father never been married or went to court for custody and he does not pay child support. I had an emergency had to leave the state with my daughter because we ended up in the street. I have not told the fathers of my daughter about me leaving the states to live with my mother. Can I get in trouble for this even though they refuse to help me financially?
Yes, the Florida Judge can order a change in custody to the biological parent. You need to review Florida statute 61.13001 on Relocation.
If the biological father of an unborn child has spoken up and said he doesn't want anything to do with the child, does he have to be notified when the child is born?
I don't care what he says now. Once the child is born he has an absolute duty to support that child if this indeed is his child. Whether he chooses to engage in any parental rights is up to him. And men have a different way of thinking once the child arrives in the world so he can change his mind.
Why does the father have to be notified at all? Its up to you to go after him for child support. If you are well off enough and don't want anything to do with him and he wants no contact then don't say a word. If you ever need any kind of public benefits though, the welfare authorities are going to require that a father of the child be named and they will go after him.
Note that if the child is born out of wedlock and is not legitimated by the father then the child cannot inherit. So if the man hits the lottery and is next day killed by a truck, your child cannot inherit any of the father's money.
And if you someday meet a man and get married and the new man wants to adopt the child, you will still have to have the biological father's rights terminated. Same thing if you choose to give the child up for adoption - the father's rights will have to be terminated unless the father consents. Fathers have a funny way of objecting when they did not know they had a child and the first contact they get is a termination petition from the court. When confronted with that, you would be surprised about the sudden father feelings men get.
Before your child is born, you have a lot to consider. Personally, I just don't understand this attitude in parents. If you got together long enough to create a baby then the parents, both parents, have an obligation to that baby. I can't help but think the child's life will be immeasurably enriched by the child knowing that it has 2 parents who love him. Doesn't mean that you and the biological have to even like each other or have anything to do with one another. But it does mean that you and biological father should have a cordial enough relationship so that you can cooperate on things regarding the welfare and upbringing of your child.
So whether you notify the father is up to you. Unless there is some kind of requirement that the father sign the birth certificate, then I don't think you have to say anything at all to the father.
Children who grow up without a father though may wonder and some go looking for their biological dad. I would keep basic information about the father together in case your child ever gets these urges. Also, there are medical reasons for this if your child has some kind of inherited condition.
Those would be my thoughts but I don't specialize in adoption/termination matters or general family law too much. Some practictioner who does this day in and day out may have a better take on this. Just to be safe, I would recommend that you look around and get a consult with a local family lawyer just to confirm what I have been saying. A 30 minute consult should not be terribly expensive and you will get peace of mind knowing what you should or should not do.
While it's up to you no law compels you to notify him, but regardless, he owes, under penalty of jail, 18 years of support. Since children do better with two parents than one, since you may need to find him if the child's medical history is needed to save the child's life, since he may later seek custody, and since if you meet someone and they want to adopt you will likely need to terminate his rights, you have many reasons to consider if you want to notify the father.
My checkbook/wallet was lost or stolen- I did file a police report. Someone wrote multiple checks- I was arrested and have three worthless check charges on my record that are dis-positioned - nol pros (code 4)- what does the code 4 mean.. what does nol pros (code 30) mean?
Not sure what the code numbers mean as that is probably a clerk entry. However, nol pros is short for nolle prosse which means the cases were dismissed.
Code 4/30 are interoffice references for our State Atty's office. The only thing that matters is the "nol pros". This is abbreviated Latin...meaning not prosecuting.
You can file motions to seal your records so long as you have no prior convictions. You may even have a law suit for false arrest if the State was negligent re: your arrest.
Good luck. Tom R.
My grandfather passed away 2 years ago leaving a handwritten will in his home. There five heirs named, one being me. We named 3 executors. It has been 2 years and its still not finished. The three executors are also heirs. Is there a statute or length of time that the will should be closed or finished? I feel as though they are procrastinating for a reason.
This was a mistake to name 3 executors. It was a mistake for your grandfather to do his own will as well.
Unless the estate is unduly complex, most estates are completed within 1-2 years. If this is in PA, then status reports must be filed with the court. Have they been filed? Have you asked the executors as to the reason for the delay? Failing that, have you consulted with a probate attorney who practices in the county/state where the estate for your grandfather is pending to have the attorney review the file and see what is going on? If the executors have an attorney, it may be as simple as having your attorney call or write to the estate attorney and see what is going on, find out why there has been a delay and find out when it is anticipated a final accounting will be submitted to the court. If there is no estate attorney, then the heir's attorney can write to the executor's directly and ask the same questions. If there is no satisfactory response and/or no status reports ,then the heir's attorney can file a motion with the court to compel action or have the executor's removed.
I purchased a used car on Dec. 9,2013. The sale was made with the stipulation that the car would be paid for in full pending a Personal Injury suit which was
supposed to be settled in December. They are now demanding the money or that they will hold the car for me (they are saying that I night have to return the car tomorrow) until my case is settled. I put no money down but they did take my car which was thirteen years old but gave me nothing for it. My son had paid almost $400.00 the previous week to have a new radiator installed
Do I have any rights?
9
Look at your paperwork! If the paperwork does not spell out what to do if the case does not settle by December (you can guess, but NEVER know, when a case in NJ will resolve), the attorney (or dealership manager) drafting the paperwork is an idiot. Unless the paperwork says you return the car if not paid by a certain date, they are shit out of luck. That does not mean they have no options, it just means they have to go to court to have a judge figure out what happens if the paperwork does not spell it out.
Would it be wise to have a meeting without councle with someone I may be pressing charges on for fordging my name on checks out of my check book? The person and there dad want to meet with myself and my dad to discuss the charges. I don't know if I should talk with them or not.
If you were the victim of a serious felony such as forgery with a large financial losses, I would recommend against a direct meeting with the perpetrators, unless you are accompanied by several witnesses (body guards) or your attorney, and have the meeting in a busy public location. If your intent is only to work out payback arrangements to recover what was stolen, these can easily be set up by phone or email, with less risk to you. Keep in mind that these perpetrators might even want to make you "disappear" so that you cannot press charges. By meeting alone, you would also give them the opportunity to make up fictitious statements from you to offer to law enforcement if they are later charged (for example, that you gave them permission to write the checks, taking the crime outside of the definition of forgery). In that event, it would be the word of two witnesses (them) against one (you), giving them a possible credibility advantage later in court. All these possibilities make me wonder what their goals might be in insisting upon a face to face meeting. I would also recommend that you get an attorney to represent you in such negotiations if that is what you are hoping to accomplish. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www./answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..
i'm fiing for divorce from my wife and i will have sole custody of our daughter...she does not work..does she have to provide health insurance or can i be responsible for it?
If the custodial parent provides health insurance, the non-custodial parent must reimburse the custodial parent for the premiums.
I work in the building trade for a contractor who is rebuilding his own home. I fell 18' and landed on a concrete footing. I drove myself to the emergency room. I've been in pain for 5 weeks now. I have an MRI scheduled on 8/26 to see whats damaged. The Doctors at The original visit to the emergency room said my pelvis and hip was not fractured. I have to work in pain every day or else I don't get paid! I'd like to see what my options are... Can you help me???
You would need to file a workers' comp case. Please feel free to contact me if you would like to hire an attorney
David Green
[email protected]/* */
(617)357-8600x103
If you were working for this contractor as an employee you could assert a workers' compensation claim, if that contractor has insurance, otherwise you could assert a claim a claim against the trust fund. Depending if someone is at fault for your injury, and whether you were employed by that person or not, you may have other rights. Just as you leave your house to see doctors, you must leave your house to see an experienced lawyer to see if you have a case and if the lawyer will take it. Best luck, JBS
We have a loan on a home with an unpaid principal balance of around 900k, monthly payments 7382.14 and 6.125% interest. We want to find out how to buy a 2nd mortgage for the least amount possible and when we buy 2nd mortgage how to refinance 1st loan.
Your ability to obtain a 2nd mortgage or to refinance the first will be heavily dependent upon the appraised value of the property. Other factors will be your regular and reliable income stream and your credit ratings. I'd suggest taking this basic information to two or more local lending institutions and have preliminary discussions with a lending officer. 6.125% seems a little high in today's market, but act promptly, as rates are trending upward.
If I am married to a man that owes alimony and has no job right now am I resposible for the alimnony he is not paying?
Your earnings could be attached to satisfy unpaid support obligations that he has. To protect yourself, you need to deposit your earnings into an account that is in your name, and for which your husband does not have any withdrawal rights.
I accepted a job opportunity at sears hardware and appliances. The position promises full time at 10 dollars an hour plus commission. After I gave my previous job a 2 week notice and started this job I found out they have no intention of giving me this position. And I left a job paying 32000 a year. I've been trying to contact the district manager through phone and email with no answer. What should I do. I can't keep up with my bills as a direct result of this.
If you have the job offer in writing, you may have an enforceable contract. Despite the fact that New Jersey is an "employment at will" state, there is case law to support the point that there is an implied promise to provide a job on the terms of the offer for a reasonable time. Frequently that is one year. The effect is that there may be an implied contract for a job for one year on the stated terms if you can prove what the terms are.
See also: http://info.corbettlaw.net/lawguru.htm
my kids father and his girlfriend have a trip out of state planned and plan on taking 2 outta 3 of my children with him leaving the 3rd behind with his mother knowing its his weekend visitation can he really take my kids without my consent
Essentially, because it's not a permanent move out of state, parents either must come to an agreement on this issue or get a court order reflecting the visitation arrangement going forward. Unless there's a legitimate reason for an objection, the court will likely allow a child to vacation with a parent.
a small trip out of state is usually not a violation of a family court order.
he can as easily take them for an out-of-state trip as you can.
My ex asked me to sell her car for her, she told me the lowest she would go was 4,000 dollars, and she was asking 8,000. I sold it for 4,000 and she signed the title. Now that we have broken up, she says that I am legally responsible for paying her back the full amount, even though I put all 4,000 in her hand.
She can certainly file a lawsuit but a judge would have to agree with her.
Unfortunately many people that break-up begin fighting about silly things. It sounds like she just needs some money and that is the only complaint that she has against you.
If she sues you then hire an attorney. The burden is on her to prove that you owe her money.
It seems slim - it was her vehicle, she signed the title and she has the money. You merely assisted her in finding a person to buy her vehicle.
Good luck!
I have a company that sends a client invoices on a weekly basis. Depending on their demands it can be a non existent invoice because no services were rendered or it can be a substantial bill because we've been there all week. We mail and email them EVERY Monday with out automated system and it shows they received the email and the mailed version a day later.
In the last couple of months for unknown reason a administrative assistant has gone and attempted to "reduce their costs" by adjusting invoices from clients. It has happened across the board from all vendors such as telephone, internet, coffee etc. Multiple times we've gotten cell calls because they have been cut off from internet, telephone or have argued why one vendor hasn't delivered an important product come to find out the vendor hasn't paid and so forth and it's happened multiple times.
The question is, since we are a Massachusetts based company "C Corporation" and the client likes to change invoice amounts WITHOUT prior dispute or authorization, what laws such as fraud, deception, etc can I reference in the MGL to show the client they cannot just change the cost of the invoice and feel like that is what they should pay and can I incorporate it into my terms of service?
I am looking to put a stop to this and or institute a process in which they can dispute it properly.
We have over 800 clients and this is the ONLY one that does this.
It is unclear to me who is not paying what bills. I am going to assume, that a customer is not paying their invoices properly. If you are billing for the service and the vendor products and the customer is supposed to pay the vendor directly, I am not sure what you can do other than to put on the invoice that failure to pay the vendor services and fees may result in suspension of services.
If the payment is made to your company and you pay the vendors, but only pay when you get paid that is a different issue.
Here you should put in your contracts that failure to pay vendor charges can result in the suspension of services. Likewise, you can state that the customer may question the validity of an invoice, but needs to make full payment until a credit is issued.
If you do not have a provision that says all disputes are subject to MA law and exclusive jurisdiction you should do so.
If you wish to discuss this matter, please feel free to contact me.
how can i enforce child support in california
Open a case with the Dept. of Child Support Services: http://www.childsup.ca.gov/Default.aspx
In Illinois if a company is sued in small claims court, do they have to get an attorney? Can they counter sue for fees?
if the business is a corporation or LLC, then yes, they have to get an attorney. Counter sue for what kind of fees? attorney's fees? filing fees? if attorney's fees-- you can only recover attorney's fees if allowed by statute or a written contract says the losing party pays.
I can be reached at 312-372-5600.
What can I do if I won a small claims case but not for the amount I asked for and I strongly believe that it should be more .. Los Angeles,ca
Nothing. The plaintiff in a small claims case does not have the ability to appeal the decision; only the defendant does. The best you can hope for is that the defendant appeals, and then you'd have another chance to argue your case in front of a different judge. (The result could be better, the same, or even worse.) At that point, you could also have an attorney if you'd like. However, if the defendant doesn't appeal, you're pretty much stuck with what you've got.
I agree with Ms. Darrow. You cannot sue again either.
how can we speed up the process of the attorney general in changing a custody order if the other parent cant be found. The child has lived with the father for a year and the mom is still getting child support. The father lost his job so was not able to pay the child support even though the child was living with him and the courts ended up putting a lien on his accounts and took all the money and gave it to her for the back pay in child support. She took the child off of medicaid since he was not living with her so now they are taking more money from him for back pay for medical. He has filed another case with the attorney general here in dallas, texas but nothing has been done cause they can not locate her. We don't know her exact where abouts but know she lives in a shelter now.
First the attorney general is notoriously slow. They have a lot clients. Second, the attorney general usually deals with child support, not custody.
It sounds like the AG wants to change the custody order because the child is living with the non-custodial parent.
It may be possible to serve the mother by publication. However the attorney general's office should know what to do.
