I am a real estate broker in California and listed a property for sale. I want to buy the property and my client is ok with it as well. I wa...

Question

I am a real estate broker in California and listed a property for sale. I want to buy the property and my client is ok with it as well. I want to know if there is any problem with purchasing her property as long as I do it at a fair market price. Should I include any type of language in the addendum? Can I take a commission still? Either representing myself and the seller, or just the Seller? Any advice is appreciated.

Answer

An agent or broker for a buyer or seller may participate in a transaction as a principal, i.e., as the seller or buyer. The agent or broker is required to disclose this fact, and also all other material facts concerning the transaction that might affect the client's decision, and the client must consent to the relationship. See Business & Professions Code section 10176(g).

Answer

You say you are a broker, but apparently don't know even the most basic of rules of fiduciary responsibility and disclosure requirements, violation of which can lose your license and get you sued. I suggest you consult with an informed broker or real estate litigation attorney to get 'education' on these issues before you do anything.

We recently signed a contract to sell our house and the buyer has stated that due to a busy schedule they would like us to provide a home wa...

Question

We recently signed a contract to sell our house and the buyer has stated that due to a busy schedule they would like us to provide a home warranty and they will then sign an as-is agreement and skip inspections. We have noted all known issues on the seller's disclosure. Are there any reasons why we should not agree to this request and have them do an inspection?

Answer

It is common for sellers to provide a Home warranty plan for the buyer. They often last 1-2 years. But, most warranties don't cover everything that an inspector would look at, and most inspectors don't examine everything that a warranty covers. The best case scenario is for there to be both, an independent examination by an inspector of the Buyers choice, and a warranty plan to cover what little things might pop up with appliances, utilities, and finishes, if not structural items. The extent of the warranty coverage effects its cost. Therefore, it is an economic decision between the buyer and seller as to how extensive of a warranty to procure.

If the buyer has an opportunity to examine the proposed warranty so they know what it doesn't cover, they can assess the security it provides. If the buyer accepts that warranty and formally waives their right to have an independent inspection, the seller can be somewhat protected in an "As Is" sale. There is no guarantee that the buyer will not sue the seller, but doing the documentation right, can make it less likely that the buyer will prevail. The Seller might even include a reimbursement of seller's attorney fees and costs as part of the As Is agreement.

Good luck

I've been taking care of my boyfriends son for 2 yrs now. His mother has been away for those years due to her drug addiction and her own per...

Question

I've been taking care of my boyfriends son for 2 yrs now. His mother has been away for those years due to her drug addiction and her own personal decision to not contact or check on her son. My boyfriend doesn't receive child support ... yet. She just popped back in his life this past week and while having him she told him that he isn't allowed to call me "katie mom" which he started called me on his own (I'm also the mother of his baby brother). Since I have financially, physically and emotionally taken care of him, can I take her to small claims court to be reimburse for everything I have done. We live in illinois.

Answer

You can do nothing. It is your boyfriend who should have done something over the past two years to get custody of the child and a support order. He did nothing apparently. He should immediately do something so she does not simply take the child back. As there appears to be no court order, she has the right to do that now.

I was approved for SSDI 06/2013 and started receiving benefits 11/2013. I also received a lump-sum, workers' comp settlement (40K) 03/2013. ...

Question

I was approved for SSDI 06/2013 and started receiving benefits 11/2013. I also received a lump-sum, workers' comp settlement (40K) 03/2013. I am unsure if the W/C settlement details were given to SSA when initially applying for SSDI.

I just received a letter from SSA requesting information about any possible W/C payments and/or lump-sum settlements. The letter specifically requests payments and/or settlements dated 11/2013 to present only. Should I instead give information about my W/C 03/2013 settlement even though the dates requested do not match?

Answer

Social Security disability has no means test, meaning you an win the Florida Lottery and still receive your full benefits. Supplemental Security Income (SSI) has a means test. You should cooperate fully as this government never trusts anyone seeking assistance and they will check with the state data base (keeps records on all WC claims/benefits paid/ settlements). If they confirm what you tell them no problems. If you hide/misrepresent you may forfeit benefits or be charged with fraud.

Answer

The Social Security Administration may offset your disability benefits if you receive workers' compensation payments. Florida is a "reverse" offset state. This means that the workers' compensation carrier can offset (receive credit for) their payments to you if you receive social security disability. Since you settled your case before you became entitled to social security disability, there is no impact on the regular workers' compensation payments. However, the settlement includes both past and future indemnity and medical benefits. The Social Security Administration may consider the portion of the settlement for future indemnity in applying their offset formula. It is important the the workers' compensation settlement paperwork properly consider the possibility of social security disability benefits. You need to reply to the Social Security request for WC information and attach a copy of the settlement paperwork.

Please help, my husband and I live in this apartment for the past 3 years with our two children. When we move in my husband didn't list my n...

Question

Please help, my husband and I live in this apartment for the past 3 years with our two children. When we move in my husband didn't list my name on the lease, we didn't think any of it since we live in a community property state. Now the landlord said I'm illegally here. what are my rights as spouse?

Answer

You have the right to live there and the landlord is discriminating against you based on your familial status.

I have two prior dwi and i just committed grand larceny. Im willing to give the money back. Will i go to jail

Question

I have two prior dwi and i just committed grand larceny. Im willing to give the money back. Will i go to jail

Answer

Many more facts are needed but you should hire a good criminal defense lawyer. It is not as simple as giving the money back.

Answer

Whether you go to jail is entirely up to the judge and no one can answer that question. However, there are some things you can do which would be helpful: get to court on time and make sure you are in court when they call your case. Tell your attorney that you are willing to reimburse the complainant and the attorney can work something out with the DA.

My Mom Past Away Two Months Ago At 97 Years Old...We Have Been Getting Some Unpaid Medical And Ambulance Bills...Is Anyone In Our Family Lia...

Question

My Mom Past Away Two Months Ago At 97 Years Old...We Have Been Getting Some Unpaid Medical And Ambulance Bills...Is Anyone In Our Family Liable For These Bills Or Can A Lien Be Put On Her Home?

Answer

Only her estate is liable for those debts, but yes a lien can be put on any assets she left behind. They can also go after anyone who takes assets out of the estate before the debts of the estate are settled.

Answer

I agree with Mr. McCormick. I am assuming from your post that she was uninsured and that mediCal made those payments for her?

Can my father sue me or press chargers for me using his name for a cable and cell phone service? (him and my mother are seperated but are st...

Question

Can my father sue me or press chargers for me using his name for a cable and cell phone service? (him and my mother are seperated but are still married, shes the one who gave me the info). I said I would pay but he said it still will be on his credit.

Answer

Sure - it is called fraud.

Answer

Sure, you committed a crime. You csan go to prison, and yes he can sue you. You woluld be very well advised to do two things in the next couple hours - pay the bill in full and get a lawyer.

Answer

I agree. You have committed the crime of financial identity fraud and your father could press charges if he so desired. I suggest that you contact the providers and have the cable and cell put in your name. Otherwise, pay off the bills and close the accounts as they will be reported on your father's credit report if these accounts are not paid.

Why did you do this? It was a really stupid thing to do. Did you and your mother think you were somehow getting back at your father because they are separated? And what was your mother thinking? Since she gave you the information that makes her an accessory.

Really, you better make nice with daddy, pay the bill in full and hope like hell he chooses not to prosecute. If you do not pay the bill in full, the cable/cell phone companies are either going to hold your father liable or ruin his credit or possibly prosecute you themselves.

real estate - what would be the legal issue if we pass on the closing - I am the buyer

Question

real estate - what would be the legal issue if we pass on the closing - I am the buyer

Answer

I am interpreting "pass" to mean that you are going to back out of the deal. First, if you are backing out for a reason, you may have a contingency in the contract that would give you that right. Otherwise, if you are simply backing out without any basis in the agreement, you would be in breach of contract and can be sued for damages. Most of the area contracts, however, limit that to the forfeiture of earnest money, which often is not much. If it is not limited to the earnest money, the sellers would have to prove their damages. If they sell to another party soon, that may be very limited. If they cannot sell, the damages can conceivably be quite high. Have a real estate closing attorney look at the documents and advise you about the terms, deadlines and ramifications. You should not be involved in a real estate closing without an attorney regardless the above.

Can a person who alleges sexual assault/abuse that has occurred 10 years ago, and no longer resides in the state of the allege incident, pre...

Question

Can a person who alleges sexual assault/abuse that has occurred 10 years ago, and no longer resides in the state of the allege incident, press chargers from or with the new state that he/she now resides? Or, does the alleged victim, have to come back to the state of the actual occurrence and press charges in that state?

Answer

First off, unless the victim was a child at the time, the limitations period has probably run out. There may be reasons why it hasn't, but don't be too surprised if it has. Even if the case isn't technically time-barred, after ten years the evidence may be too unreliable.

Second, only the government can decide whether to charge someone with a crime. Laypeople often believe the victim makes this decision, but that's not how it works. The victim (or a third person) can ask the prosecutor to bring a case, but the prosecutor can decide not to. The prosecutor also has the power to bring a case even if the victim wants him to let it go.

As to the substance of your question: Only the state where the crime occurred has jurisdiction over it. The laws of that state govern, the prosecutors of that state will decide whether to act, and the courts of that state will handle the case if there is one. The victim's current state has nothing to do with the crime. The victim does not actually have to travel to the other state in order to make a report, but she almost certainly will have to in order to testify against the attacker.

Credit card fruad amount was 515.00. Never had a criminal record. What are my chances of jail time

Question

Credit card fruad amount was 515.00. Never had a criminal record. What are my chances of jail time

Answer

Slim. Pay the debt off as soon as possible.

Do I have to have workman's compensation insurance if I am the only employee of my business? I recently completed a landscaping job for a ne...

Question

Do I have to have workman's compensation insurance if I am the only employee of my business? I recently completed a landscaping job for a neighborhood association. I filed my invoice with the property management company. They replied saying I must provide three things before payment could be processed: 1) W9 form; 2) proof of insurance (liability); 3) proof or workman's compensation insurance or a waiver from the state. Numbers 1 & 2 are easy, but I do not carry workman's compensation insurance on myself. I've been in business for over 10 years and never been asked to provide this information. It seems silly to me to have to pay the state $20 for a piece of paper waiving this when I've already done the work. Please advise. Thanks!

Answer

You are NOT required to carry WC insurance but your customer is certainly within their rights to require it. It is a bit late to ask for it AFTER the job is completed. That said, I think you are foolish NOT to carry WC insurance on yourself. If you were injured, who would pay your bills, who would pay for your medical care?

"How much time does an inmate do if he got two years for probation under the old law in va back in 92?"

Question

"How much time does an inmate do if he got two years for probation under the old law in va back in 92?"

Answer

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

I'm trying to do a report on the wrong nature of prosecuting kids for sexting and I wanted to add a section involving entrapment. Can a cop ...

Question

I'm trying to do a report on the wrong nature of prosecuting kids for sexting and I wanted to add a section involving entrapment. Can a cop entrap someone on the basis of sexting when they have no reason to believe that that person has ever committed a crime such as that? I.E. A cop finds a random number and influences the person to send nude pics to them when that person has never done such a thing before?

Answer

Yes, if the cop uses enough pressure.

Answer

You are a little confused over the term "entrapment" although it is not surprising. Entrapment is not a police procedure used to catch criminals. It is a defense that the criminally accused use, to allege that they are not guilty of a crime. It is a bit complex. At it's heart, it is when the police deceive or coerce a person into committing a crime that they would not have ever committed on their own.

Cab a biological parent put a stop to step parent rights?

Question

Cab a biological parent put a stop to step parent rights?

Answer

Without knowing more of the facts here I couldn't offer an opinion.

I live in NJ. Yesterday, I received a notice from a Collection Agency claiming that I owed a balance to a creditor (a doctor's practice) and...

Question

I live in NJ. Yesterday, I received a notice from a Collection Agency claiming that I owed a balance to a creditor (a doctor's practice) and they had been assigned to collect the balance in full. I recognized the Doctor's practice, but also know that it was in Aug 2007 that I last used their services. Since then, I do not recall receive any invoices from the billing dep't, but frankly I do not keep records that go back 6+ years. I have read that the Statute of Limitations for this type of debt is 6 years in NJ, but it commences with the date of last invoice sent to me. So, while I believe it has been 6 years, I can't know for sure. I contacted the doctor's office, but they were not very helpful. (The receptionist did let it slip that many people were contacting the doctor's office today with the same line of questions). The notice from the Collection Agency says that if I request it, they will furnish "a verification of this debt, or the name/address of the original creditor". How do you recommend I proceed? I would prefer not to pay this bill since it has been over 6 years, and - as far as I can tell - the doctor's billing dept never tried contacting me during that period.

Answer

I have fought a lot of bill collector attorneys, and I was one back in the late 80's.

call me if you want my help.

Just received a notification letter from Unemployment office (E.D.D) stated that i am not eligible to receive / claim unemployment benefits ...

Is being served divorce papers by the postmaster a legal way to serve court papers? There is not a postmark on the envelope and I had to pay...

Question

Is being served divorce papers by the postmaster a legal way to serve court papers? There is not a postmark on the envelope and I had to pay a dollar because there was not enough postage.

Answer

That would depend on which papers they were. If they were the original petition and summons, no. Later papers, yes.

Answer

I agree with Mr. McCormick.

I want to start painting murals (specifically for nurseries). I'm great at copying... movie characters, book characters, etc. Is it illegal ...

Question

I want to start painting murals (specifically for nurseries). I'm great at copying... movie characters, book characters, etc. Is it illegal for me to reproduce another person's work if I only charge for labor and supplies, not for the artwork itself? I rather not be sued by Disney :) Thanks!

Answer

Disney, like all companies that own intellectual property, vigorously protect their rights and will/must send out cease & desist letters followed by lawsuits once they are aware of infringing acts. Your best option is to paint murals that are your original work, characters and scene; however, you can contact the persons designated in the below website to gather information on how much licensing would cost for your business idea: https://disneystudiolicensing.com.

I have a friend who told me that her baby boy was adopted without her consent I dont know but that sounds so wrong or illegal.

Question

I have a friend who told me that her baby boy was adopted without her consent I dont know but that sounds so wrong or illegal.

Answer

If she was serious she'd call a lawyer herself. Since she hasn't sounds like BS to me.

John

I have just listed my home for sale. My neighbor was issued a permit to dig up his land and sell the dirt. There are thousands of dump truck...

Question

I have just listed my home for sale. My neighbor was issued a permit to dig up his land and sell the dirt. There are thousands of dump trucks driving by my house everyday. If my house does not sell, do I have any recourse. If so, what type of lawyer should I hire.

Answer

You describe that he obtained a permit which seems to indicate he is using his land for a permissible purpose. Therefore it's unlikely that you will have any recourse should your house fail to sell. Additionally, if you were to pursue a claim against your neighbor, it would be your burden to show that the sole reason your home did not sell was a direct result of your neighbor's activity. To fully evaluate this matter you would consult with an attorney who regularly litigates real estate matters. Best of luck.

Answer

Great answer above. The simply answer is no without proof that the intrusion was impermissible and that that is the reason for your loss. Those are nearly impossible to prove on the facts given.

Does an officer in Georgia have the right to tell your mother to get out of the vehicle and come to the back of the vehicle and proceed to q...

Question

Does an officer in Georgia have the right to tell your mother to get out of the vehicle and come to the back of the vehicle and proceed to question your mother if her husband and son are alcoholics, all while the husband and son are visible in the back seats, accompanying the same vehicle, and perfectly able to speak for themselves? The mother was pulled over for speeding and charged. The son and father was charged with open container.

Answer

Sure, the officers can ask the driver or anyone else to step out, and ask questions.

I signed under 5 documents when friend was purchasing house. I was told my involvement would only be a year (on title--he had too many in hi...

Question

I signed under 5 documents when friend was purchasing house. I was told my involvement would only be a year (on title--he had too many in his name). It's going into foreclosure now and creditors are coming after me. #1: is it possible for me to have signed for loan (I didn't read docs--I know dumb, but was recovering from stroke). Friend's mom was agent. I know when I bought my home i initialed & signed MANY docs. I don't believe I put my fingerprint in a notary book. The mom is a notary too. #2. I have NO documents related to home , loan..etc. #3. I am permanently disabled (collecting social security), have no savings. I live in California. What do I say to collection agency who is calling & sending "threatening" letter? I don't need this stress and don't necessarily want to cause problems for friend & mom ( who I no longer talk to because of this house)

Answer

You really need an attorney to sort it out. But if they are trying to collect some of the papers leads them to believe either through title or loan that you should pay...but be careful what you do because this easily could turn into a mortgage fraud situation against you

Are corporations protected against personal injury suits? I have a judgement for 75000 and they have not replied about asset or anything els...

Question

Are corporations protected against personal injury suits? I have a judgement for 75000 and they have not replied about asset or anything else. They should not get away with negligence that caused injury.

Answer

Corporations are created to protect its ownerss from personal liability (with some excxeptions). If you have a judgment and the corp is still in business then you can collect your judgment (assuming it has assets left). If they had insurance then they would cover it. If not, then you can only collect through any existing assets (assuming the company still exists and has assets). You would need to contact the sheriff or marshall to start those proceedings. For an absolutely FREE consultation please call me at 347 702 4133 or email me at [email protected]/* */

Answer

No. Are they still in business or have they dissolved? Do they have assets? I do collection of judgment law in NY and Fla.

What if Lawguru allows responders such as Timothy McCormick to reply with "smart ass" comments?

Question

What if Lawguru allows responders such as Timothy McCormick to reply with "smart ass" comments?

Answer

You get what you pay for. If you don't like the answer, there are simply no refunds on a free site. Besides, the rest of us get to enjoy the "smart ass" comments.

Answer

Plus, many times his comments are right on the mark, so the rest of us don't 'pile on' as well. I don't know what your question was, but if it was a 'dumb ass' question, it deserves a 'smart ass' response. Most of the time we don't give sarcastic or condescending answers, but there are times we just can't restrain ourself from 'free speech' expressing our frustrations with the public.

A judge in volusia county FL issued what I consider an unlawful incompetent order which has caused significant hardship for my daughter and ...

Question

A judge in volusia county FL issued what I consider an unlawful incompetent order which has caused significant hardship for my daughter and granddaughter. The order vacates a previously entered order of 2006 which defined child support custody and visitation guidelines for my now 10 year old granddaughter.

The judge who issued the new order stated the the father was the petitioner and that my granddaughter resided with her father. The order had no party noticed of any hearing on any petition. We had no idea the order existed until we tried to find out why DOR stopped the child support payments and said my daughter owed money back. They would explain nothing. We went to the court house and after being shuffled around to many offices a clerk fount the order and we obtained a copy. We then asked for the petition which should have proceeded the order. To the clerks dismay there was no petition and she had no explanation as to how the order was issued nor why no party was noticed nor was anything mailed to anyone. After visiting more clerks' offices it was obvious they were as puzzled as we are but nobody could tell us what administrative court person could correct this.

The father says that he did not petition and did not attend a hearing but when DOR told he would no longer be making an income deduction and he did not have to pay support he did not. Of course her knew my granddaughter did not live with him and never had but he chose to not do the ethically or morally correct thing. At this point my daughter has not recieved child support for 10 months which has caused great financial distress. I have helped as much as possible but I am retired on fixed low income.

It is unbelievable to me that a judge could do such a thing with no petitioner with totally erroneous information and without notice to anyone. What can we do?

Answer

If DOR was involve you have been fighting the Gestapo. They know no law. In the past they have issued their own orders without any notice to any party. You can try your state senator for Volusia county but you will probably need to file a Petition with the court, not DOR. Note that due to the lapse of time the court, not DOR, may rule that any relief from the date of the original mistake has been waived. You need to have an attorney.

Answer

If 30 days has not passed, file your Notice of Appeal. Retain counsel.

Answer

You have to file a petition/motion to vacate the prior order. asap. Use of a lawyer is recommended in this case.

I have a living trust. I'm trying to fund the trust with my annuity's. Since the accounts are listed on the trust do I have to fund them rig...

Question

I have a living trust. I'm trying to fund the trust with my annuity's. Since the accounts are listed on the trust do I have to fund them right away or can I wait a couple of months or years to complete the funding. I live in the state of Wa..

Answer

Once you listed the accounts as assets of the trust, the trust legally "owns" the underlying assets. You need to notify the banks or other investment vehicles of the change of ownership, so the records will agree. If you use the "trust assets", as the accounts are now, for any purposes other than those dictated or allowed by the trust agreement, there is a risk that the IRS or others (heirs or beneficiaries of the trust or your estate) could challenge the validity of the trust.

A customer gives my company a personal check for a deposit, or even a down payment for their lease or purchase of a product. If the check ca...

Question

A customer gives my company a personal check for a deposit, or even a down payment for their lease or purchase of a product. If the check came back for "non-sufficient funds", and the customer didn't repay us in a timely manner, or not respond back to us at all yet, can a company representative fax, post or publish that customers 'personal check' for everyone to see in order to try and get their attention, and / or embarrass them too? Is it illegal?

Answer

It is certainly ill advised and unnecessary, given your other potential remedies. Presumably, and based on your message, you still hold out hope for payment. With proper notice and a lawsuit you can proceed with a much more effective remedy in court, unless the unpaid amount is just too small to warrant such action.

You can contact me through our web site at lambertplc.com to learn more.

This message is information only and not legal advice.

My son-in-law severed parental rights to his son who is over 18 a year ago. The boy tried to rape my grandaughter. He was expelled from scho...

Question

My son-in-law severed parental rights to his son who is over 18 a year ago. The boy tried to rape my grandaughter. He was expelled from school. Started a GED program and word has it that he has been expelled from that. How does my son-in-law get documentation that the boy is not in the program any longer? My son-in-law wants to stop paying support. The boy is working.

Answer

This question makes no sense at all. Why does your son-in-law need documentation? Who's he gonna show it to? If parental rights were terminated, your son-in-law didn't do it because you can't simply unilaterally terminate your parental rights (otherwise 9/10's of the people out there paying child support would just terminate their rights to avoid paying child support). Further, if parental rights were terminated your son-in-law would not be obligated to pay support - so why's he still paying? I think it's safe to assume parental rights were never legally terminated! Further still, unless your son-in-law stupidly agreed to extend his obligation to pay support in some sort of written agreement, child support ends at 18 - so again, why's he still paying? A GED program after being expelled from regular secondary school should not extend the child support obligation especially if he is out on his own.

Hot topic pressed charges on me for falsely returning stuff for 150 dollars. I'm an idiot. I've never been in trouble for anything like that...

Question

Hot topic pressed charges on me for falsely returning stuff for 150 dollars. I'm an idiot. I've never been in trouble for anything like that. I'm so scared and don't know what to do. I live in mississippi. Am I going to go to prison? I'm terrified.

Answer

Several questions need to be answered before an assessment can begin. First, where are you charged (in what city or county?;) second, are you an employee of hot topic?; third what is the exact charge you are facing? (they could charge this several ways depending on factors...

You need to have a consultation with an attorney. You do not need to post facts on the internet as they can be used against you. Depending on the jurisdiction and the charge brought you could be facing jail time, Please contact an attorney immediately for a consultaiton

My wife sued the Attorneys' she worked for. The case made it to the Supreme Court. Their case, "Defamation",which the charges were taken fro...

Question

My wife sued the Attorneys' she worked for. The case made it to the Supreme Court. Their case, "Defamation",which the charges were taken from the complaint continued. Our case,"Toxic Tort" was dismissed. The Supremre Court Chief Justice that presided over "Oral Arguements" had at one time or another had a partnership or work together with them. Is that a fair hearing or decision?

Answer

What is the name of the case?

I am a seller and do not want to fix any repairs from the home inspection. The buyer has agreed to pay for any repairs. I do not want the bu...

Question

I am a seller and do not want to fix any repairs from the home inspection. The buyer has agreed to pay for any repairs. I do not want the buyer repairing my home until he has secured his FHA loan and we have closed on the sale. However, my agent is trying to scare me into allowing the buyer to access to my home to make repairs before he even has a loan approval letter or we have closed. I do not want the buyer altering anything in my house until the sale has closed and it's his property. It seems like a huge liability because what if the work is not done properly or he can't get a loan and tries to sue us for the repairs. What are my legal rights as the seller?

Answer

You are quite right in not wanting to permit the buyer to do anything prior to completion of settlement. However, with an FHA loan, FHA may require repairs to be made prior to settlement. It may be better for you to make the repairs so that they are done to your satisfaction. If this Buyer fails to complete settlement, those repairs won't be an issue for the next buyer's inspection, so you will not have wasted the effort and expense, and you will have protected yourself from any potential liability you would be exposed to by reason of Buyer's entering on your property and doing the work improperly.

If you are still in the repair/inspection contingency, you may agree to whatever you want and submit counter proposals. What is your attorney advising? If you don't have one, this would be an excellent time to get one involved in the transaction.

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 wife filed an EPO in VA and then a PPO which the judge dismissed. Will this be on my record?I'm military, retiring this month and am conc...

Question

My wife filed an EPO in VA and then a PPO which the judge dismissed.

Will this be on my record?

I'm military, retiring this month and am concerned about my Top Secret security clearance.

Answer

Most unlikely (in my opinion)since neither of these involve crimes

but rather are civil domestic matters which apparently have now both been effectively dismissed.

My mother just passed away without a Will. How do I move forward as theOnly child to sell her house in Dallas, TX?

Question

My mother just passed away without a Will. How do I move forward as the

Only child to sell her

house in Dallas, TX?

Answer

I'm sorry to hear about your mother. In order to handle her estate, I need to know the following:

1. Was she married?

2. Did she owe any debts?

3. Did she have any other assets aside from the house?

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

Answer

Mr. Leon is correct. More information is needed to determine what procedure you will have to follow.

is there a law in oklahoma that would allow someone 27 to be charges with satutory rape for being with a 17 year old.

Question

is there a law in oklahoma that would allow someone 27 to be charges with satutory rape for being with a 17 year old.

Answer

"Being with" someone that is 17 is NEVER rape. There would have to be sexual intercourse.

If the 17 year old is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with the 27 year old who is a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or where the 17 year old is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with the 27 year old who is an employee of the same school system....then you are guilty of 2nd degree rape. If it doesn't meet any of this, then it is legal.

I am submitting this question for my brother. He was in what he believed was a legal marriage for about 24 years. Upon doing research earlie...

Question

I am submitting this question for my brother. He was in what he believed was a legal marriage for about 24 years. Upon doing research earlier this year for divorce, he discovered his wife had been previously married and her marriage had not been legally dissolved when they got married. Consequently, the judge granted him an annulment. Now his ex is counter filing for Palimony. she is trying to get some kind of monetary award such as support and asking for attorneys fees. Does she even have a leg to stand on?

Answer

She may. The Family Code recognizes what is called a "putative marriage" in some cases of a void marriage. Whether she really has a case or not is not something that can be evaluated in an internet Q&A format. There are WAY too many details that go into the analysis. He really needs to sit down with an attorney who has handled these kinds of invalid marriages and go over every detail to figure out where he stands. Co-incidentally I have just wrapped up one of these "divorce not final" cases in Solano County. So if his zip code is the same or close to your's, or he is anywhere in the greater San Francisco to Sacramento area, I'd be happy to give him a discounted initial consultation in my Walnut Creek office or one of my other conference facilities in the area.

Answer

I agree with Mr. McCormick. There are many legal issues presented here, one of which that I can see is whether or not the wife was a putative spouse, or whether this was waived by failing to raise the issue in the annulment.

Hello-I am a independent contractor who was terminated and withheld my commission. The company is located in Ga, USA and has a pattern of do...

Question

Hello-

I am a independent contractor who was terminated and withheld my commission. The company is located in Ga, USA and has a pattern of doing this. How do I get my commission?

Thank you

Answer

Unless they have assets in California, you will have to go after them in Georgia.

Answer

By suing in GA through a local attorney there.

I have a month to month tenant who keeps paying the rent late at first it was 2 weeks late so I agreed to change the due date from the 1st t...

Question

I have a month to month tenant who keeps paying the rent late at first it was 2 weeks late so I agreed to change the due date from the 1st to 15th, now they're paying on the 20th, can I charge a late fee? What can I do? For Pennsylvania rental property.

Answer

What does you lease say about late fees? Do you want them to pay or do you want them gone?

John

20 year old got simultaneously 10-125B, 65 (c), and 221.05. these are white slips "Complaint/ Information". He is a student who was at home ...

Question

20 year old got simultaneously 10-125B, 65 (c), and 221.05. these are white slips "Complaint/ Information". He is a student who was at home on vacation from university upstate, now to appear in court on all three during the school session. What to do? How to plead? In panic and confused...

Answer

What do you mean by white slips? This must be in NYC if you are charged with AC 10-125(b) so it is usually a pink slip summons or you get arrested and receive a Desk Appearance Ticket, which while white only has one charge on it. The best thing to do is retain a criminal defense lawyer. I handle cases like this all the time.

Eric Rothstein

[email protected]/* */

212-577-9797

In Maryland if the father signs over his Parental Rights Does he still have to pay child support?

Question

In Maryland if the father signs over his Parental Rights Does he still have to pay child support?

Answer

It depends on the document you sign. If it was for adoption, then yes, you do not pay child support.

My car got hit while parked in my apartment parking lot a couple weeks ago. It appears to be damage from the back of a salt truck as recreat...

Question

My car got hit while parked in my apartment parking lot a couple weeks ago. It appears to be damage from the back of a salt truck as recreated by a local ford body shop. Both my management and the plow company are declining liability and I have even reached out to the plow company through email with no response. The only proof I have is that they came much closer to my car then others following the snow line and the damage is by a very firm hit from a slice of metal like the plating on the end of a salt truck. No cars in the lot have damage that would match mine. Should I and if so is it worth perusing? It's a 1200 dollar repair

Answer

If you want to pursue it, your best course of action is to do so in small claims. I am sure your lease has a disclaimer for such damage for the landlord. However, the Plow company would be responsible if there is a way to prove it.

The problem is that there are no witnesses and the Ford Dealer while it may provide a report is not going to get involved.

Frankly I would send a demand letter to the Plow Company and see if they give you an offer of something,. Absent a witness or a stronger proof that they did this to your car you have a case of I think they did it and no proof they did.

If I let someone hold my car that was unlicensed and they where avoid in a auto accident and not at fault will either insurance cover the ac...

Question

If I let someone hold my car that was unlicensed and they where avoid in a auto accident and not at fault will either insurance cover the accident

Answer

Ok proofread your question and resubmit it using complete sentences.

I don't have money right now to hire an attorney. Can I file for divorce on my own at the court house in my county?

Question

I don't have money right now to hire an attorney. Can I file for divorce on my own at the court house in my county?

Answer

Yes.

I am 16 years old and am wondering what legal action should be taken for me to change who my legal guardian is. I live with my mother who ha...

Question

I am 16 years old and am wondering what legal action should be taken for me to change who my legal guardian is. I live with my mother who has uncontrollable anger management issues and fights with me and my grandmother all the time. she threatens to throw me out of the house all the time even though i never do anything she always blames me for every thing. I am a minor and know that legal action should be taken but i don't know what to do. I would like to live with a friend of the family who would take good care of me but i don't know what to do. I'm only a minor and don't know what legal action should be taken.

Answer

Short version is that you could attempt to have a legal adult request a guardianship (either temporary or long term -- you have less than a 2-year window), See http://willicklawgroup.com/guardianship/. Or you could conceivably seek emancipation, although that is a pretty tough test requiring your stated ability to self-support.

I was served with a summons from an attorney's office on behalf National Collegiate Student Trust who bought my loans from the previous lend...

Question

I was served with a summons from an attorney's office on behalf National Collegiate Student Trust who bought my loans from the previous lenders, for three private student loans totaling approximately $30k. My mother co-cosigned on these loans so bankruptcy is not an option. Is it realistic for me to hope that we can settle for $100 monthly repayment contract? My life is about to be ruined over this.

Answer

Further detail would need to be known in order to provide you with sensible advise for your personal circumstances. I suggest you focus on responding to the legal action (in the event one has been initiated) in a timely and proper manner. You may secure an attorney so she/he can assist you and seek to negotiate a settlement on your behalf. Tricia Dwyer Esq Phone 612-296-9666 Minnesota Civil Law, Minnesota Debtor Creditor Law, Minnesota Mediator http://dwyerlawfirm.net

Answer

You first need to make sure that National Collegiate Student Trust does not win a judgment against you by "default." If you fail to timely answer the summons and complaint, they will win by default and get everything they want. Thus, you'd lose settlement leverage. There is no way to know if they will work with you to reach a settlement, but you should contact an attorney right away to discuss your case further.

If I am dating a 18 year old and I'm 16 can we date and participate in sexual acticities

Question

If I am dating a 18 year old and I'm 16 can we date and participate in sexual acticities

Answer

Yes, but I'm not so sure the parents will be too happy.

If my rental agreement says I must give one full months notice in writing, does that mean 30 days from the date of my notice or I have to gi...

Question

If my rental agreement says I must give one full months notice in writing, does that mean 30 days from the date of my notice or I have to give my notice on the day I pay rent for the last month?

Answer

It usually means 30 days, starting on the first of the month. Thus, if you wanted to leave on January1, notice must be received before December 1.

what should i do if i have a bench warrant for not showing up at community service.

Is it legal for an employer to with hold a pay check from an employee. My boss got mad and said he just wouldnt pay me for last week.

Question

Is it legal for an employer to with hold a pay check from an employee. My boss got mad and said he just wouldnt pay me for last week.

Answer

Not legal. Feel free to contact me if you wish to discuss further.

Scott Behren

I have lived with my boyfriend since 1994. We have a 15 year old son and are getting ready to separate. We built a house together 5 years ag...

Question

I have lived with my boyfriend since 1994. We have a 15 year old son and are getting ready to separate. We built a house together 5 years ago but it is all in his name. Do I have any rights as far as the house is concerned?

Answer

Wow. Great question....

The answer is: probably. There are a lot of factors that go into things such as this. Because you were never married, we need to look at different statutes and case law to determine what, if any, ownership rights you have. Typically there are factors that need to be taken into account. These include: did you help make the down payment, did you help pay the mortgage, did you help with the utilities or any other way financially?

So you probably do have some rights. On the flip side, because you were never married, your boyfriend has NO rights regarding visitation, custody or any other issue with your son... unless of course you went to court already and gave them to him. Feel free to call or email. Our website is www.cjlawyers.com.

Good luck!

Hello, I was arrested for false imprisonment in NC in 2011 (age 29 at the time). However, it was dismissed, I was found NOT guilty, and I wa...

Question

Hello,

I was arrested for false imprisonment in NC in 2011 (age 29 at the time). However, it was dismissed, I was found NOT guilty, and I was NOT convicted. Am I able to get this expunged now that is is the year 2014? Or do I have to wait a total of 15 long and unfair years?

Thank you so much!

Answer

Good morning,

Thank you for your inquiry. Please give our office a call, (919) 829-3500 to further discuss this matter.

Best,

I have 2 payday loans and I cannot pay them, I only have social security for an income how do I get out of these debts

Question

I have 2 payday loans and I cannot pay them, I only have social security for an income how do I get out of these debts

Answer

In Ohio, you could file for bankruptcy if you do not have the money to pay your outstanding debt obligations.

Hello, I am an intern at an art gallery in NY and I give a minimum of 20 hours a week there--sometimes this raises to 40 hours depending on ...

Question

Hello, I am an intern at an art gallery in NY and I give a minimum of 20 hours a week there--sometimes this raises to 40 hours depending on what is going on that week. I am not paid for this internship but it was recently brought up that I could get paid for 10 of the hours I work every week (at minimum wage) if I start working on a new project. The only hitch is that I would need to sign a non compete because this project has to do with grants. I do not feel comfortable doing this because I feel it is very limiting to any opportunities that might present themselves in the future. Do you have any recommendations?

Answer

Generally speaking, unless an intern receives school credit for their internship, the intern should be paid at least minimum wage and overtime when required.

I have a colleague who practices in this area who may be able to assist you further. Feel free to email me: romanlaw (at) lawyer (dot) com

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.

Can a States Attorney agree to a ALFa Plea with you and tell you that you will get 18 months for a con arm robbery because you gave someone ...

Question

Can a States Attorney agree to a ALFa Plea with you and tell you that you will get 18 months for a con arm robbery because you gave someone a ride somewhere and dropped them off and you didn't know what they were doing until after wards and you talked to a law and he told you to go tell the police and you made a statement to them and the state ask you to testifiy against them and you agree and when you have the ALFA Plea hearing and they agree to 18 months and the judge wants to sentence you then and the States Attorney says no because he needs you testimony in the other ones hearing and then he tells you he doesnt' need you because the other people plea guilty and your the last on to be sentenced and you tell him you've been sick in and out of the hospital for a year and on a lot of medicine and your addicted to it and he takes the alfa plea away and sentences you to 7 years and within 5 days at the jail you past away can you go after the jail for not helping you and the states attorney for not standing by his deal and the judge for sentencing you for not even seeing the PSI report

Answer

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.

Were do I find federal case file for thomas clayton

Question

Were do I find federal case file for thomas clayton

Answer

Get yourself a PACER account.

Can a medical facility withhold my records if a lawyer is mentioned?

Question

Can a medical facility withhold my records if a lawyer is mentioned?

Answer

They're your records and you're entitled to them.

Baby father leaves residence/ moves out. But didn't take all his property. Time has been over 2 months since he left. Now he wants his prope...

Question

Baby father leaves residence/ moves out. But didn't take all his property. Time has been over 2 months since he left. Now he wants his property. Is it still his or not?

Answer

It is until you get a court to say it isn't. It's cheaper just to arrange to give it back.

John

I was accuse of a class 5 felony I am a first time offender if plea guilty will this be on my record for life

Question

I was accuse of a class 5 felony I am a first time offender if plea guilty will this be on my record for life

Answer

Yes, for life, unless you can somehow, perhaps, secure a pardon

from the governor for this offense (not easy).

Hopefully, you have by now a criminal defense counsel who is sufficiently

competent and experienced in his or her representation of you

that you will be able to avoid being convicted of this felony crime

or, if you are convicted, that it is reduced to no more than a misdemeanor.

If i am on disability fixed income from social security and on georgia state probation. How can i be made to pay fines and fees when it take...

Question

If i am on disability fixed income from social security and on georgia state probation. How can i be made to pay fines and fees when it takes all of my social security to live each month. I have been disabled since birth.

Answer

When you commit a crime you have to deal with the consequences. Failure to pay a fine and probation fees could in some cases meamn you go to jail. You should have had your lawyer seek to have you do community service in lieu of fines (that cannot be fixed now). Why did he not ask for that, as judges often approve that?

if the pet store sold me a sick dog and I spent all my own money on him, and I am on disability and got emotionally hurt all this time and t...

Question

if the pet store sold me a sick dog and I spent all my own money on him, and I am on disability and got emotionally hurt all this time and taking him to doctors every other day, what are my rights ? the owner is not responding to me , I took the dog to the store and left it there because the illness is transferable !

Answer

You can likely sue for a refund and for your expenses. If under $10k, do so in Small claims court.

I own a LLC in California and I recently moved to Michigan. My dad will be taking over my existing business completely and I want no ties wi...

Question

I own a LLC in California and I recently moved to Michigan. My dad will be taking over my existing business completely and I want no ties with it. How do I transfer a Califonia LLC business to my father?

Answer

You create an LLC Membership Interest Transfer Agreement, but there are other factors to consider such as outstanding contracts ( especially for personal services), any debts or obligations unless dad is absorbing all those, the business bank account, the EIN which is likely supported by your SS number. Also, case depending you may need to make an amendment with the state, but not in most cases.

You guys would be well-advised to consult a lawyer to assist so you know it has been done the right way. 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.

Answer

That depends on the terms of your LLC operating documents, but generally it is done by a transfer of the shares of the company. Without seeing the LLC documents, however, there is no way to be more specific than that.

Answer

There are a few different ways to do this, and they have tax and liability consequences. Selection of the best way is dependent on the past operations, tax basis, fair market value, who you have contracts with and how they are structured, your folks estate planning and other issues.

Mechanically, you could simply transfer the membership interest to him, and determine whether changes are needed in the Operating Agreement and the Statement of Information. Are you selling or gifting the interest? You will also need to determine how to advise customers and vendors of the changes.

Alternatively you could transfer the operational assets to him or a new LLC he forms, and dissolve the old one. If there are liabilities in the entity he prefers not to assume, this may be appropriate.

Obviously there are other factors to consider. Your question is deceptively simple because there are many factual, tax, financial and personal implications of your choice.

Answer

I've read the three previous answers, and while I agree with them in general, I'd like to try to sharpen the focus in a couple of areas.

First, whether you'll benefit from paying a lawyer depends upon the complexity of the LLC's organization and operations and your comfort level in dealing with business management. If the LLC is relatively simple and you are sophisticated businessmen, you are unlikely to need or want a lawyer.

Next, the most obvious formality to be handled is notifying the California Secretary of State of the changes. Looks like you'll need to file a new Statement of Information, Form LLC-12, but perhaps an LLC-10 if your changes go beyond what's provided for on the LLC-12. Read the instructions furnished with the forms.

Next, think about places where the outgoing owner has signed something. The most obvious is the bank signature cards, so a trip to the bank to change signatories is in order. However, there may also be credit applications and other kinds of accounts with lenders, suppliers, landlords, etc. where paperwork needs updating.

If you have given any personal guarantees (think about suppliers and landlord, for example), consider negotiating your way out of these, perhaps by substituting your father as the new guarantor.

If there are employees, obviously the new owner needs to be introduced. The same may be desirable with customers.

LLCs generally don't have "shares" (although it is theoretically possible).

Remember that your ownership interest in the LLC has a "basis" (value for reckoning capital gain or loss upon its transfer to another owner) and that selling it or giving it away will result in a capital gain or loss -- maybe zero if you sell for exactly the current tax basis.

Make sure that your bookkeeping and tax filings are current and will be understandable by whomever will be taking them over.

Most LLCs have almost everything "in the business name" except for SoS filings and personal guarantees, but not always -- so try to think of anything that's in your name rather than the LLCs, and get it changed or otherwise handled.

If someone gets divorced and a month later the man dies can the divorce be anulled?

Question

If someone gets divorced and a month later the man dies can the divorce be anulled?

Answer

Once the divorce is finalized, you cannot go back and change it unless the divorce was done under fraudulent circumstances or duress.

Answer

no

Answer

No. Not even if he died 1 second after the ceremony.

Can my probation be switched from sis to ses if i cannot afford to pay my restitution fines.

Question

Can my probation be switched from sis to ses if i cannot afford to pay my restitution fines.

Answer

You may wind up with an SES, but you will still have to pay restitution. You probably should hire an attorney to help you. Feel free to contact me directly for a free telephone consultation.

Someone perjured themself on a marriage license that was applied for. A marriage never took place therefore the license was never filed with...

Question

Someone perjured themself on a marriage license that was applied for. A marriage never took place therefore the license was never filed with the county clerk. Any legal recourse against someone who lied on the application?

Answer

What's the point? What are the damages? Is this just an attempt to sue for breach of a promise to marry?

What's the difference between custody and guardianship?

Question

What's the difference between custody and guardianship?

Answer

Custody is an unspecific term that means different things in different contexts and generally refers to some form of legal or physical control over another person. So a person can be in police custody, or a parent my have part time physical and full joint legal custody over a child, or a child taken out of an abusive home may be put in temporary custody of Protective Services, etc. Guardianship is a formal legal proceeding and relationship in which an adult is given permanent or at least semi-permanent responsibility for and control over a minor on a level that has much in common with, but a few significant differences from, adoption. The two most significant differences that come to my mind are: 1. in an appropriate case a guardianship can be terminated or transferred to another guardian much more easily than an adoption; and 2. a ward (the person under the guardianship of another) does not acquire intestate succession rights as an heir of the guardian.

Answer

A guardianship is a procedure that can give custody of a minor child to a non-parent. Custody is the right of an adult to care for a child until they become an adult. Unless, there is another document (e.g. judgment of paternity, divorce, guardianship, adoption etc.) Custody is presumed to be shared between the parents of the child as listed on the birth certificate.

Its been two full weeks and I haven't received my first check. No one has the answers at my company. What am im obligated to if this continues

Question

Its been two full weeks and I haven't received my first check. No one has the answers at my company. What am im obligated to if this continues

Answer

That's not good. If it continues, file a claim with the Department of Labor.

We declined Dollar Car Rental's Plate Pass. We paid all tolls in cash. On our return to the UK they have erroneously charged us for supposed...

Question

We declined Dollar Car Rental's Plate Pass. We paid all tolls in cash. On our return to the UK they have erroneously charged us for supposed toll charge violations. I used the http://www.dollarrentalfine.com/ContactUs.aspx:

"Although the Notice date is September 18 we did not receive this in the UK until September 30, 3 days before the due date.

We did not opt for PlatePass. We paid all tolls at the 'Cash' booths. We did not pass through any EZPass toll ways. This Notice appears to list all the tolls we paid in DE, MD, NJ and NY. We remember specifically the $1.50 which seemed a strangely small fee and the $13 which seemed high. We also traveled through VA, NC, SC, GA and FL where we again always paid the tolls by cash yet none of these states are listed.

We are certain that, if you have access to CCTV for any of the listed places/times, you will see us pay at a Cash booth.

Something about license plate recognition and erroneous expectation of EZPass payment must have occurred here and we dispute these charges."

I never received a reply and I see my credit card has been billed $172.60.

How can further my dispute of this charge?

Answer

I would start by disputing the credit card charge. Otherwise you will lose all of your leverage with the rental car company. You can't get much legal help for $172.50.

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

Can i get arrested in a pre-indictment confrence for criminal mischief for a fourth degree

Question

Can i get arrested in a pre-indictment confrence for criminal mischief for a fourth degree

Answer

No. But you should have an attorney there to help you. Call me at 732/773/2768 to discuss.

I signed a draft lease of a property I've lived in since 28 ?Aug13. I was told by the landlord's real estate agent I would get the final lea...

Question

I signed a draft lease of a property I've lived in since 28 ?Aug13. I was told by the landlord's real estate agent I would get the final lease withing the next few days. I've emailed both parties and never received any final document. I paid deposits for the home and a pet deposit, if I had an official lease it would be up the end of next month what actions do I need to take?

Answer

Without a written lease you are a verbal month to month tenant, subject to termination at anytime. Either you or your attorney should clear this issue up.

Answer

Not sure what the issue is. Your lease may be the written lease which was never signed. Is the issue how do you get back your security deposits? Extendthe current lease. Speak to an attorney and have your issues clarified.

I am trustee and beneficary my brother is also benifacry he is in federal prison till the yr 2025 he will be 70 yrs old do i have to distrib...

Question

I am trustee and beneficary my brother is also benifacry he is in federal prison till the yr 2025 he will be 70 yrs old do i have to distribute his part while in prison or can i wait and just send alittle every month his pART IS ABOUT 250,000.

Answer

It depens on what the trust provides

Answer

You really need to review the trust with a trusts and estates lawyer to answer this question. Chances are, the fact that your brother is in prison is no bar to the distribution of his share of the trust.

Please note that if he was in a California prison or County Jail, you would have to provide notice to the Director of the California Victim Compensation and Government Claims Board under Probate Code section 216.

My ex husband continues to involve our 2 and 6 year old children in our divorce affairs. He tells them I am going to hell and has gone as fa...

Question

My ex husband continues to involve our 2 and 6 year old children in our divorce affairs. He tells them I am going to hell and has gone as far as making false allegations against my husband. I feel he is confusing our children. What can I do about this

Answer

Discuss this with your attorney. Sometimes Domestic Relations Services are helpful. Other times a Guardian ad Litem can be appointed by the Court to address such issues. An aggressive attorney can bring these matters to the Courts attention, and obtain protective Court Orders.

I have rommates and I pay them 600 amonth for me and my kids to stay there I usually pay 150 a week per our written agreement . I usually pa...

Question

I have rommates and I pay them 600 amonth for me and my kids to stay there I usually pay 150 a week per our written agreement . I usually pay on Thursdays but can not pay this Thursday due to the fact that I switched jobs I can pay on Tuesday can they legally kick me out if I do not pay today they have no lease with the land lord.

Answer

No, they cannot kick you out, lock you out, or prevent you from using the property. If you failed to pay rent, they could bring an eviction action in court against you. But in Minnesota, you have the right to "pay to stay" before the evicition order is granted. So long as you pay before they get a court order evicting you, they cannot kick you out. They may still have the right (depending on what the lease says) to terminate the lease upon written notice, but typically there's a notice requirement.

Can an attorney transfer a dying mans LLC to a trust that he did not prepare? The attorney said he did no estate planning, Will or Trust for...

Question

Can an attorney transfer a dying mans LLC to a trust that he did not prepare? The attorney said he did no estate planning, Will or Trust for the decedent. How can he transfer to a trust when he didn't prepared it? Can you explain? Can it be done? Thanks. CC

Answer

An asset can be transferred to a trust not prepared by the attorney.

I have an interview next week, if I'm offered the job the employer is asking that I submit official transcripts. I owe UCLA about $8000 and ...

Question

I have an interview next week, if I'm offered the job the employer is asking that I submit official transcripts. I owe UCLA about $8000 and they won't release my transcripts. Is it legal for them to withhold transcripts if I need them for a new job?

Answer

Yup.

Answer

They can withhold "official" transcripts for non-payment. However, under FERPA, they are required to provide you with an unofficial transcript. Your transcript is also a "student record" which must be produced under California state law. If your employer wants an official transcript, you won't be able to produce one until you pay the $8000. On the other hand, most employers don't require an official transcript. If you were applying to grad school or professional school, another university would require an official transcript.

I know that when a person writes his own will, the actual will should be handwritten.What happens when his handwriting is illegible? This is...

Question

I know that when a person writes his own will, the actual will should be handwritten.

What happens when his handwriting is illegible? This is in NJ. Thank you

Answer

Best guess on interpretation will prevail and in the worst case the document will be rejected for probate. However, you are incorrect that a self-written Will needs to be handwritten. All that is required is that the execution and witnessing be in conformance with NJ law. To assure its admission to probate when the maker passes away, aside from signatures of the maker and witnesses, it should also contain a self-proving affidavit that needs to also be signed, witnessed and then notarized, While forms are available at most stationery stores, many attorneys charge a reasonable fee to prepare and oversee the execution of a Will. With so much possibly at stake, a few hundred dollars spent to see that everything has been done correctly is like purchasing insurance to guaranty that one's wishes be and are properly carried out.

Can a joint custody plan be changed around after it's been settled for 8years?

Question

Can a joint custody plan be changed around after it's been settled for 8years?

Answer

Yes, you would want to file a Motion to Modify. There must be a permanent, material, change of circustamces, AND the change must be in the child(ren)'s best interest

I have owned my home for 23 years. I married two years ago but we have lived together in my home for the past four years. If we were to divo...

Question

I have owned my home for 23 years. I married two years ago but we have lived together in my home for the past four years. If we were to divorce, could he take my home or any portion of its value?

Answer

You need to talk to a family law attorney in your county. Look on this website and on www.avvo.com for an attorney.

If he put any money into the house then he could ask for reimbursement. Of course, he would need to prove that he put money into it.

When you lived together before marriage he was just a "roommate" and not entitled to anything.

Does Texas Property Code, Section 202.018 prohibit Christmas decorations in a gated community?

Question

Does Texas Property Code, Section 202.018 prohibit Christmas decorations in a gated community?

Answer

You need to read the code section carefully.

The HOA can't prevent you from "displaying or affixing on the entry to the owner's or resident's dwelling one or more religious items." That's stuff that you stick to your door - not stuff you might hang on the gutter, or on outside trees. You CAN be prohibited from displaying one of those hideous inflatable Santa-on-the-motorcycle things.

my mom passed away in july of 2009. and my brother(named excecutor) left the home in mom's name and the will leaves half of everything to my...

Question

my mom passed away in july of 2009. and my brother(named excecutor) left the home in mom's name and the will leaves half of everything to my brother and I her only children dad passed years ago in NJ. Now my brother and I agreed that he is going to buy me out my half but he wants to charge me 3% of my half in case he sells the home in the future. Also he says he will pay me half of the banks appraised amount is that fair to me? Also he has moms entire possession's In his home, how do I make him pay me half and how do I not pay him 3% if he sell the home in the future. do I have any rights, he has been renting the home out and I have not seen a penny from the rent, I have seen no records. I have been completely in the dark. he holds all the cards. what recourse do I have?

Answer

As executor, he should have probated your mother's will and been administering the estate. That means gathering the debts and assets, paying the debts, including inheritance and estate taxes, if any, last income taxes, and then distributing the assets. As part of the process, he should have provided you with an accounting of what he was doing.

If he wants to buy you out, he should be paying you now, and if he decides to sell later, then any Realtor's commission, which the % sounds like, is all on him.

You have the right to seek an accounting from him. Find an estates lawyer in the county where your mother resided at the time of her death and find out what your options are. Do not do anything or sign anything until you have done this.

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.

I was granted lifetime medical in calif in 2009. When this was awarded I received money minus what they had paid me in weekly work comp paym...

Question

I was granted lifetime medical in calif in 2009. When this was awarded I received money minus what they had paid me in weekly work comp payments. Now, they are wanting to settle the lifetime medical and I am ok with that to some extent. If I was to settle, do they reduce my settlement and take back the money they already spent on medical for me like they did with my weekly benefits?

Answer

The settlement is for what you and the adjuster agree to in writing.

IF THE COMPROMISE & RELEASE AGREEMENT contains an agreement that the insurer 'takes credit' for all sums, then sums paid will be subtracted -- that's what 'taking credit' means.

INSIST that the Compromise & Release Agreement is for "NEW MONEY". A New Money agreement starts from zero and you keep everything to which you agree, no deductions.

I currently live in NJ and have sole custody of my son. His father lives in Wisconsin and hasn't contacted him at all in 8 years. He pays ch...

Question

I currently live in NJ and have sole custody of my son. His father lives in Wisconsin and hasn't contacted him at all in 8 years. He pays child support but no visitation and our court papers say he has no decision making rights whatsoever. I got a job in Texas and will be moving there in a couple months. Who do I contact about this? Do I need his permission? Do I tell NJ child support ahead of time or wait till I'm in Texas and file a change of address? How will the support order transfer to the new state?

Answer

Come in and see me, and bring all the court papers. I will give you advice on how to do this without causing problems that you can avoid.

How can I find out how long a person was sentenced to?

Question

How can I find out how long a person was sentenced to?

Answer

You can check the public dockets: http://ujsportal.pacourts.us/

www.Legalphilly.com Attorney Michael Kotik, Esq. 267-265-4553

My wife and I (tenant and co-tenant) were sued for non payment of rents. She has to go to work on the day for hearing. Can I appear alone? W...

Question

My wife and I (tenant and co-tenant) were sued for non payment of rents. She has to go to work on the day for hearing. Can I appear alone? What is the negative consequence of appearing alone? As long as I appear, she would not get a default judgment, would she?

Answer

If this is Small Claims, you can appear for your wife. If not, your wife also needs to appear or risk being in default. You cannot appear for her in superior court. Contact the court and the other attorney and see if you can continue the hearing for another day. Otherwise, your wife is going to have to appear.

Negligent discharge of firearm . Gun went off accidentally bullet went thru wall no one was hurt what are we facing in tx

Question

Negligent discharge of firearm . Gun went off accidentally bullet went thru wall no one was hurt what are we facing in tx

Answer

Have you been arrested? Did anybody call the police? Was anybody injured?

What you have done is probably a misdemeanor. The police/prosecutor would have to prove who did it. DON'T CONFESS TO ANYTHING, AND DON'T COOPERATE WITH THE COPS.

And don't be careless with firearms. There's no excuse for accidental discharge of a firearm. I say this because I have done what you did (12-ga. shotgun inside a mobile home).

Hello,I been arrested for poss CDS, 2v:35-10A(1), DEG:3, i been admitted in PTI in New Jersey , I'm from New York ( I plea no guilty ) which...

Question

Hello,

I been arrested for poss CDS, 2v:35-10A(1), DEG:3, i been admitted in PTI in New Jersey , I'm from New York ( I plea no guilty ) which i just completed ( so there can be no conviction and my charges were dropped ). My green card will expire in beginning of 2015 and my question is do I will face any problems renewing a green card?deportation?

Thank you

Answer

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

I parked my car at a extended parking garage near LAX, when I came back to picked up my car, I noticed that it was vandalized, it wasn't bro...

Question

I parked my car at a extended parking garage near LAX, when I came back to picked up my car, I noticed that it was vandalized, it wasn't broken in as there are no notice of force entry. I have a lot of personal and business stuff missing. When I parked I left the keys with them and they parked it for us. They are now saying that they are not responsible. I have about $2500 worth of items missing, what can I do. Also the car has some mechanical issues as soon as I started it.

Answer

See if your auto insurance will pay for it.

How long does the district Atty. have to convict a person on a DUI case in the state of California

Question

How long does the district Atty. have to convict a person on a DUI case in the state of California

Answer

The statute of limitations is how long the have to file charges and initiate the case. If the case is filed within that time frame, it can go forward. There may be ways to get the case dismissed due to an unreasonable delay or if it is filed, but no attempts are made to locate the defendant and bring him/her into court.

There is no limit on how long a case can go on.

You'll need to discuss these timing issues with a lawyer face to face. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

Answer

There are speedy trial limits that begin running at arraignment. Depending on whether it is a felony or a misdemeanor and on whether the person is in custody or not the limits run from 30 days to approximately three months. These can be waived by the defendant and there are exceptions to the rules.

Answer

If the DUI charge was being treated as a Misdemeanor, than the DA has one year to file charges.

BARRY BESSER

www.besserlaw.com

Im sons father work at a convince store and all employees recently recoeved a letter that we were exposed to tb He got tested and it was pos...

Question

Im sons father work at a convince store and all employees recently recoeved a letter that we were exposed to tb He got tested and it was positive their manager did not inform them until he got word of positive results In staff but knew the store was exposed can they sue

Answer

There are likely a couple ways your son may be able to pursue this as a workers comp claim. Either as an injury by accident and/or a single exposure occupational disease. This could get pretty complicated pretty fast. You should call an attorney for a full consultation ASAP. Thanks for your question and I'm happy to help.

Answer

I agree with Mr. Shaprio. There are complex legal and medical issues involved, and I'd suggest contacting an attorney who has significant experience in workers' comp for a consultation. I hope this information is useful. Please let me know of any other questions.

is destruction of property a crimal or civil case if there is no proof i did it

Question

is destruction of property a crimal or civil case if there is no proof i did it

Answer

There can be criminal charges as well as a civil suit If you are charged or sued, you need to retain counsel

My ex got a temporary spousal support order (no kids) several months ago because she lied on her petition and said she had no income. She re...

Question

My ex got a temporary spousal support order (no kids) several months ago because she lied on her petition and said she had no income. She refused to respond to court ordered discovery and eventually the judge granted my petition to terminate sanctions and strike her petition. However she was able to collect a very significant amount of support while the temporary order was in place. What are the rules in this case? Can I expect to get my money back?

Answer

That is a question you need to ask the judge. If the judge believes you overpaid spousal support, the court might allow for reimbursement.

My husband is divorcing me and is coming in to a slip and fall settlement. Am I entitled to some of that money?

Question

My husband is divorcing me and is coming in to a slip and fall settlement. Am I entitled to some of that money?

Answer

Possibly, if you are named as a plaintiff.

Answer

The only part of it you would get would be lost wages, nothing else. Contact my office for free consultation 727-446-7659

What is Crb 1400744 a--b stand for

Question

What is Crb 1400744 a--b stand for

Answer

It is the case number.

Hello,I am a coowner with one business partner of a small scale restuarant. My partner has pretty much given up on the place. I am putting m...

I live in the same home as my father, he wants me out for he can move my daughter and boyfriend in. He has me living in one room right now a...

Question

I live in the same home as my father, he wants me out for he can move my daughter and boyfriend in. He has me living in one room right now and if they move in I won't have access to the bathroom or kitchen. He doesn't want to go through the ejectment process with the court and constantly harrasses me about moving out. I live in Florida and need to now what my rights are. Thank you

Answer

If he owns the home and you don't have written lease, you likely will need to move. Contact a local attorney to go into more detail on your rights.

Will the courts grant retroactive child support if it was agreed to in writing?

Question

Will the courts grant retroactive child support if it was agreed to in writing?

Answer

If your lawyer drafts it, probably yes. Since it takes correct wording, if you write it pro se, probably not.

I received a summons for an outstanding medical bill with a total of $310.28. The summons is in 12 days.I just got a summons for a court dat...

Question

I received a summons for an outstanding medical bill with a total of $310.28. The summons is in 12 days.

I just got a summons for a court date in 12 days. I did not get a warning this would happen... I want to know how to avoid actually having to go to court. Also what would happen if I do go to court, what are the chances the rep for the defendant will be there? Will that help me avoid paying the court fees. There are no instructions on the legal documents on how to aviod the court date.

The debt is a meidcal bill totalling $310.82 and it is 10 months old, and I really should have paid it by now, I do have the money to pay it directly to the hospital.

On an unrleated note, perhaps I should sue them for overcharing me for emergency room services.. (sorry i am kidding about that one)

Answer

Every county has a different procedure. What you think is a court date may well be a return date where you have to file your appearance. On that date you would then get a court date. IT is too late to merely pay the bill. The hospital is now entitled to be reimbursed the court costs and reasonable attorneys fees. Call the lawyers and discuss settlement with them.

Court documents would not explain how to avoid what they are demanding you do. The only way to avoid the date is to pay the bill pus costs and fees.

My son was on probation in Cherokee county ga. He didn't do his community service as ordered and was arrested when he reported to his probat...

Question

My son was on probation in Cherokee county ga. He didn't do his community service as ordered and was arrested when he reported to his probation officer. He had paid all his fines and has been turned away from community service twice for various reasons( weather/already full). He has a hearing Monday morning. Will he get any credit towards the community service for the 4 days he will spend in jail. What can we expect at the hearing Monday. This all stems from a super speeder ticket. He paid his fines and took the defensive driving class. Just hasn't done the community service

Answer

You can expect that the judge will violate his probation, and either give him 5-10 days in jail or additional community service. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck

My son is on parole and got arrested today for 314.1, 647(a), 647.6, 3056 I believe he had the same charges last year oh and possession if c...

Question

My son is on parole and got arrested today for 314.1, 647(a), 647.6, 3056 I believe he had the same charges last year oh and possession if concentrated cannabis. No bail and "unsentenced court commit" what does that mean and what is going to happen from here...what kind if sentence will he get?

Answer

No one can answer that without having the details of his parole agreement. It sounds as though he has violated his parole, and it is not clear what remaining sentence he would have for the underlying parole violation.

the relationship with my son over the course of time has deteriorated to the point now that we have not seen him or heard from him in over 2...

Question

the relationship with my son over the course of time has deteriorated to the point now that we have not seen him or heard from him in over 2 years(he lives with mother about 20miles away in nearby town) and he has even leagally changed his name to hers after turning 18. this is in Illinois, now ex wife is taking me to court for post secondary education expenses..1/2 of all of it, seeing how he hasn't been involved in my life for over 2 years, changed his name, and I don't see reason the future will change this, I just think this outrageous. my questions are number 1> any chance this will be denied in court? 2. do I have any recourse to fight this/change the law such as an appeal etc..

Answer

Your relationship or lack thereof afford you no defense to your obligation to contribute to the cost of your child's post-secondary educational expenses. The law is clear on that point. The extent of your contribution is a question of fact...what percentage of his costs will you be responsible for. The Court has discretion in this area.

Can a person be on parole and probation at the same time for the same charge ?

Question

Can a person be on parole and probation at the same time for the same charge ?

Answer

Yes a person might be on parole and probation for the same matter at the same time.

can some3one change the will after one spouse dies

Question

can some3one change the will after one spouse dies

Answer

Change whose will? His or the spouse's?

A person can change his own will any time he wants, unless he is non compos mentis.

My 18 year old brother pawned the title to his truck but the title was in my dad's name. Can we get the pawn shop in trouble?

Question

My 18 year old brother pawned the title to his truck but the title was in my dad's name. Can we get the pawn shop in trouble?

Answer

There could be more to this than meets the eye. Did your 18 year old brother falsely represent he was your dad? Who is going to pay the pawn shop back the money? There are a lot of things to consider before trying to get someone in trouble. More information is needed and whether or not your Dad is willing to prosecute anyone.

I am a landlord trying to a evict a tenant who has not paid rent. The tenant filed a demurrer against my unlawful detainer. However, the jud...

Question

I am a landlord trying to a evict a tenant who has not paid rent. The tenant filed a demurrer against my unlawful detainer. However, the judge overruled the demurrer. Can someone explain what happens next? The letter from the court stated that the tenant had 5 days to reply. What happens if they reply?

Thank you.

Answer

The tenant has five days to reply by filing and serving his/her answer to the UD complaint. As an alternative, a very aggressive or experimenting tenant might challenge the judge's ruling overruling the demurrer by filing for a writ of mandamus. If the tenant's next move is anything other than a timely (and reasonable) answer, I'd recommend retaining an attorney.

Answer

If the tenant timely files an answer, then you will proceed to trial on the issues. You need to keep track of the five (5) days, and be careful in a situation where it runs from notice of the ruling, which will give the tenant five (5) extra days where the notice was served by mail.

Can an employer make an employee come in on their off day?

Question

Can an employer make an employee come in on their off day?

Answer

Absolutely yes. If the employee is non-exempt they may have to pay overtime, but either way they can require it.

I'm a green card holder in USA. My visa type is F43. My family got a sponsorship and came to USA in last December. I'm going to marry on thi...

Question

I'm a green card holder in USA. My visa type is F43. My family got a sponsorship and came to USA in last December. I'm going to marry on this November from my home country. My question is can go back to my home country and get married? since i haven't even stayed here at least a year does that makes any problem?Is there any restrictions like I have to stay in US for some time in oder to travel to my home country?

Answer

No restrictions on travel or anything like that. If you plan to be outside the country more than 6 months, you need a re-entry permit.

The problem I foresee is that your spouse will not be able to return to the U.S. with you. You will need to file an I-130 petition, then it must be approved & the priority date must be current in order for your spouse to obtain an immigrant visa at the U.S. Consulate abroad. If you wait outside the country with your spouse, that could cause some problems with the residency issue, affidavit of support, etc.

Answer

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

do i go to jail for stealing i phone 1st time offense

Question

do i go to jail for stealing i phone 1st time offense

Answer

You should have a lawyer to make sure you get the best possible result.

It does not have to be expensive.

Probably probation or ARD which is a first offenders.

Call me for a free phone discussion

(I used to live in your neighborhood)

215-370-2608 is my cell phone.

Web site www. Saulhsegan.com

Best wishes,

Saul Segan Esq

I got my green card recently through employment. What is the fastest way to convert this into citizenship?

Question

I got my green card recently through employment. What is the fastest way to convert this into citizenship?

Answer

You will be eligible to file for naturalization once you are a U.S. legal permanent resident for 5 years. If you marry a U.S. citizen, then you can file after 3 years, even though you obtained your green card through employment. No other way to expedite the process.

I was told by booking that Florida does not recognize blood test for DUI is this true?

Question

I was told by booking that Florida does not recognize blood test for DUI is this true?

Answer

No. Blood tests can be used but there are very specific rules about when one can be taken/requested. The accused is allowed to submit one at their own expense after the arrest. However most law enforcement are not aware of that provision.

Hello,I have a Pennsylvania single-member LLC already formed.It's name structures is as follows:Barkley Associates, LLCI would like to sta...

Question

Hello,

I have a Pennsylvania single-member LLC already formed.

It's name structures is as follows:

Barkley & Associates, LLC

I would like to start using the name"

Barkley & Associates Ltd.

1.) Do I need to file an Amendment with the state just to change the designator?

2.) Or can I just start using the different designator?

Answer

You cannot just start to use a fictitious name. There is a $70 filing fee to register a fictitious name or file a Certificate of Amendment with the Corporations Bureau to change the name, so it would make sense to change the name of the LLC. After the Corporations Bureau processes the name change, you have to notify the Department of Revenue.

HelloMy husband and I purchased our home in 2005 during the housing market crisis. We were forced to stay in the home which was significantl...

Question

Hello

My husband and I purchased our home in 2005 during the housing market crisis. We were forced to stay in the home which was significantly under water because we could not sell. During this time, we struggled to make ends meet and needed to borrow money from relatives, use my husbands retirement, and ultimately credit to make ends meet. We did not want to walk away or claim bankruptcy. We are very much behind in our financial picture as a result. We were finally given modifications on our first and second mortgages but too late. Met Life home mortgages denied our request for a modification forcing us to borrow 30,000 from a family member. Our question is do we have any legal grounds against the banks or mortgage companies who caused this situation and resulted in so much distress for our family over the past 9 years? We are gaining ground but are still paying back creditors and family and will for many years to come. Any advice would be greatly appreciated.

Lori Nicholas

Answer

Lori,

The short answer is no or probably no. You were not forced to borrow funds. There were options available (bankruptcy or just walking away) but you did not want to use these options. 2005 was prior to the economic bubble. Homes were overvalued and I don't deny that the banksters caused this whole mess but I don't see that you have any legal grounds to sue just because of this. If there was fraud or something with your loan, that is a different matter and if there was then maybe you should see a foreclosure defense attorney..

Do you qualify for HARP/HAMP? If not, then maybe the only alternative is just to walk away and either file for bankruptcy or not (depends on your circumstances but there may not be a deficiency judgment to worry about). Then you can focus on getting yourself back on track financially.

Im looking to get child support from the father but i dont want him to have contact with the baby because he is involved with drugs and more...

Question

Im looking to get child support from the father but i dont want him to have contact with the baby because he is involved with drugs and more. Is that possible?

Answer

Yes. Contact an attorney. If the father has a serious documented history of ongoing substance abuse you probably can get "custody" established whereby he would have only supervised visitation/time-sharing, or no time-sharing at all.

Answer

yes you can just file a case for child support only.

Answer

Hello. I'll add another resp. You would file a Complaint for Paternity-You ask for support and no parenting time for father or it must be supervised at a family law Center...no overnight. Also, you can ask for sole Parental Responsibility. That means he has no decision making over the child's welfare. You have him served with summons and proceed with case. You could seek temporary support while case is proceeding. If my office can help, give us a call. Tom Rosenblum

I am not the owner to the house that I live in, a woman is living in my house for basically free, I gave her a written certified notice to v...

Question

I am not the owner to the house that I live in, a woman is living in my house for basically free, I gave her a written certified notice to vacate my residence. The owners do not want her in their house anymore. She is not on my lease, she does not have any bills in her name at my residence. Can I put her things outside?

Answer

You or the owner need to file in District Court to evict her. Otherwise, you may be subject to a wrongful eviction lawsuit.

Also licensed in Maryland.

I'm on disability and for the first time with a clean record never going to jail I received a ticket for shoplifting 37 dollars at Walmart c...

Question

I'm on disability and for the first time with a clean record never going to jail I received a ticket for shoplifting 37 dollars at Walmart can I lose my benefits from this

Answer

When benefits are stopped, usually the reason is incarceration. Otherwise you would be double paid for your necessities, once they institution housing you and again by the disability program.

Theft of less than $50 is a Class C Misdemeanor. There is no jail penalty for this level of offense. Given your record, even if this were punishable with incarceration, it is very likely that you would get probation instead.

However, this is a crime of moral turpitude, conceivably, benefits might be stopped for that reason. You need to discuss this with your criminal defense attorney or with the agency that provides your benefits.

I applied for u visa send 918,918B,192 the fee was waived but whats next I havent receive no answer

Question

I applied for u visa send 918,918B,192 the fee was waived but whats next I havent receive no answer

Answer

Hello:

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

Kind regards,

RDM

I am a U.S. citizen by birth and have given birth to my daughter (now 1 y/old) in Pakistan. I have filed a K1 visa and we are possibly going...

Question

I am a U.S. citizen by birth and have given birth to my daughter (now 1 y/old) in Pakistan. I have filed a K1 visa and we are possibly going to get the visa in the next month or so (we are in the last steps). Can I file for a NA-3 (baby transportation letter? If so, how?

Answer

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

My vetren husband died three years ago while waiting for an appointment is there anything that can be done now

Question

My vetren husband died three years ago while waiting for an appointment is there anything that can be done now

Answer

Sorry, but it is impossible to know what you are talking about.

If I leave my marital home with my daughter whom is 17 years old and afraid of her father who verbally abuses both of us. Do I loose any mon...

Question

If I leave my marital home with my daughter whom is 17 years old and afraid of her father who verbally abuses both of us. Do I loose any monetary rights to the home once it is sold.

Answer

No you still are entitled to half.

Answer

You maintain your interest in the home.

I have participated in infidelity and impregnated another woman. I'm married and my wife has made it clear that I must terminate all contact...

Question

I have participated in infidelity and impregnated another woman. I'm married and my wife has made it clear that I must terminate all contact with this other person or she will demand a devorce and full custody of our daughter. I have made a mistake and am truely thankful that my wife is offering me another chance. Is there any legal way I can omit my self from the other woman. We have talked and she is willing to stay out of my families life but are there any documents that will prevent her from entering in the future.

Answer

No, because the rights and responsibilities involved aren't just yours and hers. The child has rights too and the right to demand you live up to your responsibilities. So the child or the mother on behalf of the child can legally seek to establish and enforce the responsibilities of your paternal relationship to the child. Neither you nor the mother can waive any of that, except if she marries and her husband adopts the child. That is the only way you can sever your paternal rights and duties.

With an HECM Mortgage (Reverse Mortgage) Foreclosure can the fair market value of the property be established with a drive-by(exterior only,...

Question

With an HECM Mortgage (Reverse Mortgage) Foreclosure can the fair market value of the property be established with a drive-by(exterior only, where the appraiser does not enter the property) for use of the Trustee's Sale but not for establishing fair market value for a short sale or do they both require a full interior and exterior inspection by the appraiser??

Answer

There is no legal requirement governing what type of appraisal is done for foreclosure. The appraiser who conducts a pre-foreclosure sale appraisal does so at the lender's request, not pursuant to any state or federal law.

Establishing the market value of the property is irrelevant for a nonjudicial foreclosure conducted by way of trustee's sale, because the foreclosing lender is barred from obtaining a deficiency judgment once the sale is completed. (Code Civ. Proc., sect. 580d.) The only exceptions to the ban on deficiency judgments would be if the lender intended to sue the borrower for waste or fraud, post foreclosure, and intended to avoid making a full credit bid. (See Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4th 1226.)

Similar exceptions were drafted into the anti-deficiency legislation governing short sales. (Code Civ. Proc., sect. 580e, subd. (c).) From a practical standpoint, however, a lender would be wiser to have a full inspection done by a real estate appraiser for a short sale, to get a better determination of the market value of the premises, which establishes the market value that the lender will accept to sell "short." But this is not governed by any state or federal law, but rather by good business practices of the lender.

If I have $40,000 out of pocket medical expenses in my case and settle between mediation and trial do the out of pocket medical expenses com...

Question

If I have $40,000 out of pocket medical expenses in my case and settle between mediation and trial do the out of pocket medical expenses come off before lawyer fees?

Answer

No, they come from the net proceeds after attorney's fees and costs .

Answer

Read your Retainer Agreement. Probably not. Have the attorney try to reduce the liens.

I have not seen or even spoken to my ex brother in law in 20 years. He must have recently researched me and found my information and used it...

Question

I have not seen or even spoken to my ex brother in law in 20 years. He must have recently researched me and found my information and used it as a reference for something because now I am getting calls every day from a court house demanding to know where he is so they can serve him papers. I did not give permission for him to use me as a reference because I haven't had contact with him in 20 years. They won't stop calling and I don't know what else to tell them except that I can't help them. What can I do?

Answer

Court houses do not typically call people asking to know their relative's whereabouts. Perhaps someone has sued your former brother-in-law, is trying to find him to serve and in their research discovered a link to you. Or perhaps this is an aggressive debt collector who is falsely stating that they are a courthouse.

You can simply explain to whomever calls that you are no longer related to this individual and do not have a current phone # or address for him. Ask for the name and address of the company calling. Perhaps ask to talk to a supervisor and request that they update their files. If the calls continue after that, you may wish to log them and if they cross the threshold of the Fair Debt Collections Practices Act you may want to review the situation with an attorney.

While the above is not legal advice, I hope that it helps.

Answer

I agree with Ms. Laumann. Let me add that the fact somebody is calling you does not mean your brother gave them your information. They might well have found it on their own.

I have a question about a story I am thinking about submitting to the legal newspaper industry or law journals. It has to due with the abuse...

Question

I have a question about a story I am thinking about submitting to the legal newspaper industry or law journals. It has to due with the abuse I endured working at a law firm for 7 years. I ended up seeking psychiatric help and til this day I am still suffering the consequences of that abuse. I am still working in the legal industry in the tech department. What do you advise as to sending my story to the media?

Answer

Without knowing a LOT more about your situation, your story, your motivation, and many other factors, no lawyer can answer your question. I advise you to seek out a real, live, flesh-and-blood lawyer who is NOT associated in any way with the firm in question, show him/her the story you are thinking of publishing, tell him/her what happened to you, answer his/her questions, and follow his/her advice.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

uestion AnswerStatus of the Claim No action taken yetWhen Did the Incident Occur? < 1 year agoPrimary Injury Cuts and BruisesCause of Injury...

Question

uestion Answer

Status of the Claim No action taken yet

When Did the Incident Occur? < 1 year ago

Primary Injury Cuts and Bruises

Cause of Injury Traumatic Physical Injury (Accident)

Case Description I lacerated my ulnar nerve with a circular saw at work.Was drawing workers comp. Dr. released me for light duty. There is nothing at this job I can do under the restrictions and the way its looking I may never be able to again as the injury is permanent. For some reason my employer workers comp he did have things I could do. Two weeks now and not one single second on the clock. I've also learned through a coworker.that he shut the company down right after i cut my arm. My coworker is still working. So I'm guessing they reopened it in someone elses name. I do not believe workers comp knows any of this.

What should I do to make sure I get whats is entitled to me?

Answer

Contact a w/c attorney. Your inability to do the same job may not get you money or put lost wages in your pocket if you are mmi per the doctors. Seek legal help asap.

Answer

See a lawyer. See www.FL-PI-Lawyer.com

Hello, I moved from New York to Texas with my boyfriend with my two children. We've been living together for 4 months and now he wants to ev...

Question

Hello, I moved from New York to Texas with my boyfriend with my two children. We've been living together for 4 months and now he wants to evict us. What are my rights and how long do I have to live with him to have my right? Please advise.

Thank you

Answer

Make him go through the full eviction process. If you can prove that this is your current home address only a judge can evict you.

In TX we have common law marriage. But if you call him your boyfriend you are not common law married.

You can read the qualifications for a common law marriage in the TX Family Code which is available for free on-line.

If he is only your boyfriend, you have "no rights" -- I'm not sure what you mean by that phrase.

If you have any questions, call a family law attorney in your county - look on this website and on www.avvo.com