In traffic court, after I exercise 170.6 (peremptory challenge), do I have to stay in court that same day to get another judge, or will the ...

Question

In traffic court, after I exercise 170.6 (peremptory challenge), do I have to stay in court that same day to get another judge, or will the court reschedule my traffic court hearing date to another day? and do I need to file a Motion To Recuse (170.6) form or can I verbally request the judge's recusal at the hearing or do I tell the court clerk before the judge steps to the bench?

Answer

It depends upon the court's schedule whether the hearing is on the day the 170.6 motion is made or on another day. You can either do it in writing or you can read the form in court. Best practice would be to have a written form and to give the clerk warning prior to the judge taking the bench.

How can I get a copy of a police report from over 5 years ago? I am currently in California but the incident happened in Iowa. I need to obt...

Question

How can I get a copy of a police report from over 5 years ago? I am currently in California but the incident happened in Iowa. I need to obtain a copy but am unable to provide the exact date or report number. Who do I need to contact? What information do I need to provide? What is the cost?

Answer

If the incident happened in Iowa, then you need to repost this question for Iowa attorneys to answer, not California.

If i own a house it is in my name only and am still married (house was bought while married) and my wife wants me to pay her off for her par...

Question

If i own a house it is in my name only and am still married (house was bought while married) and my wife wants me to pay her off for her part of the house, and she signs and agreement to relinquish any claim to it or it's equity and later we get divorced will that agreement hold up.

Answer

Generally and with exceptions, of course, a division of marriage (marital) property is final upon divorce (marital dissolution). An agreement such as you describe may or may not 'hold up'. I urge you to confer with an attorney who can assist you with such an issue. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Divorce Division of Property Attorney, Minnesota Family Law Attorney, Minnesota Family Law Mediator, http://dwyerlawfirm.net

Answer

An n agreement such as the one you describe is a post-nuptial agreement which are not viewed particularly well under Minnesota law. For such an agreement to even have a chance to be enforceable, each party must be represented by counsel and the document must be notarized with several formalities.

You must retain counsel. For a consultation call 6612-240-8005.

Defense attorney gave my medical history to a doctor I don't know without my consent. Read and showed the jury what that doctor said in clos...

Question

Defense attorney gave my medical history to a doctor I don't know without my consent. Read and showed the jury what that doctor said in closing argument .

Answer

If you brought the case chances are the Defense Attorney obtained the information from your attorney though discovery. Essentially when you sue someone for personal injury, that person has a right to review and use your medical records in open court.

My husband died 12/22/13. He had no will and has 2 grown children. The mortgage and checking/savings accounts are in both of our names. Do I...

Question

My husband died 12/22/13. He had no will and has 2 grown children. The mortgage and checking/savings accounts are in both of our names. Do I keep the house or does it have to be sold and divided between me and the 2 children?

Answer

I am sorry for your loss.

Regarding whether your husband's interest in the house is subject to probate depends upon the nature of title.

Generally speaking, if your deed was setup between you and your husband as joint tenants with right of survivorship, then his interest passes to you automatically, outside of probate court. There are some things we should do to document this, however.

If the deed did not include the right of survivorship language, then it is likely his interest will go to probate court.

If there are probate court proceedings, more analysis would have to occur to determine how things are split.

If we can help further, please do not hesitate to let us know.

Answer

I am sorry for your loss. The answer depends on what th house deed says and also on whether you seek years support. Please call me if I can help.

Answer

You do not relate a lot of details here. How was the land titled? If it titled in both your and your husband's name as joint tenants with right of survivorship, then the land passed to you automatically at death. If it was just in your husband's name then you and the children would own the land on a 1/3rd (you) 2/3rd (children) basis, subject to your year of support.

The mortgage is a different matter. You indicate the mortgage was in both names so if that is the case, you were probably on the deed as well. If the house passed to you alone, then you keep paying the mortgage as before.

Regarding joint bank accounts, those usually pass to the survivor on the account.

You do not indicate what other assets your husband owned at the time of his death (cars or other personal property or land). If there was no will then any other property would be split on a 1/3rd, 2/3rd basis as I noted.

Next month, I would contact a probate attorney who practices in the county where your husband lived at the time of his death. I would bring in copies of the deeds to any land or make a list of the things owned by your husband, either solely or jointly with you or another person, and a list of his children. Have the probate attorney review the information and see whether an estate needs probated and assist you with that.

I am suing a company with a fictitious name. Do I have to use their registered agent and address or do I use their current address?

Question

I am suing a company with a fictitious name. Do I have to use their registered agent and address or do I use their current address?

Answer

The answer to got question depends upon what form the company is; Corp, partnership, style proprietor dba. You usually cannot go wrong using the resident agent. Sometimes, for Some entities you can serve someone else.

Good luck

I would like to get advice regarding severance package I got they want to sign document to release right to claims.What should be considered...

Question

I would like to get advice regarding severance package I got they want to sign document to release right to claims.

What should be considered before signing this document?

Answer

You should consider whether you have any claims against your employer such as overtime pay, discrimination, etc. etc. If you believe you have any claims, don't sign before consulting with an employment law attorney.

I bought a property that I soon discovered has car parts and oil barrels on it. This was never disclosed to us. Yet when I asked someone to ...

Question

I bought a property that I soon discovered has car parts and oil barrels on it. This was never disclosed to us. Yet when I asked someone to contact the sellers lawyer they said I have to prove they knew about it? They lived here for 20 years, a neighbor knew, they stuff wasnt barried deep stuff stick out orr just under the service. We keep finding more and more. Is it true the law protects these dishonest sellers? If that's the case most people would not say anything because they get away with it. Now im out and cant even sell it...I would have never bought this if I knew

Answer

This will be a fact specific situation.

Generally speaking, a seller has no duty to disclose defects in the property to a buyer. There are a few exceptions to this, including septic and lead paint. If asked about the existence of a defect or specific condition, the seller must answer truthfully. A seller may not actively conceal or answer the buyer's questions dishonestly.

The burden is on the buyer. It is the job of the buyer to do his or her due diligence when purchasing a property, including careful inspections and written questions to the seller.

A real estate agent, on the other hand, has a higher duty of disclosure toward buyers. A licensed real estate agent must voluntarily disclose the existence of any condition he or she knows about and which might influence a buyer not to purchase the property.

Some areas to explore with a lawyer in your area include whether the seller had a licensed real estate agent, what questions you asked of the seller or seller's agent, what was said to you by the seller or the seller's agent, what information was provided to you/advertised by the seller or seller's agent, etc.

I am being pursued for Medi-cal charges for a dying patient. I am not related or in a relationship with the dying. Family is not stepping in...

Question

I am being pursued for Medi-cal charges for a dying patient. I am not related or in a relationship with the dying. Family is not stepping in. The only pursuit is that I signed him into the nursing home.

Answer

If MediCal is pursuing for estate recovery, you've done more than just sign an admission sheet. You need to gather the relevant paperwork and talk to an attorney in person who handles these types of cases, as soon as possible.

What accounting can we legally ask my brother, who holds the Power of Attorney, of the estate of our father now deceased. My sister and I wo...

Question

What accounting can we legally ask my brother, who holds the Power of Attorney, of the estate of our father now deceased. My sister and I would like to see income and expenditures. My brother borrowed a large sum of money from the estate with a signed note that he would repay it and had credit cards in Dad's name which were for the sole use of Dad's upkeep while alive. We believe funds were not repaid and/or misused. Can we ask for copies of the credit card statements, income tax returns and an accounting of the sources of income and general daily expenses from him? What other rights do we have? Thank you.

Answer

Your brother should have to file something with the probate court for the administration of the estate. Was there a will? If so, was he the executor. If so, he has to file an accounting with the probate court and then a final settlement of the estate should occur according to the will. If there is no will, and you suspect there is real property as well as investments and other monetary goods, then an estate needs to be opened and the brother will have to provide an accounting there. If I can be of assistance, please call me. I am in Birmingham and do this type of work with my civil practice.

someone stole from you when you follow to where he got away what a ride these people home weed and won't tell me where he went that stole mi...

Question

someone stole from you when you follow to where he got away what a ride these people home weed and won't tell me where he went that stole mine didn't care so I wacked there is down now I'm in jail for attempted burglary arrested one week later

Answer

As a Former Deputy D.A, I can only tell you to speak with a highly trained attorney NOW. Many attorneys offer FREE consultations, so you have nothing to lose and a lot of wisdom to gain. You are being charged with a Felony and a Strike. This is what I call a "Life Changer" charge. I wish you well.......David Wallin

Answer

I can't follow your question, but you are probably facing attempted residential burglary. It's a felony and it's also a strike.

Bottom line? You need the best attorney you can find.

is it illegal for an attorney to give you advice if he has not yet been retained by you when he knows you've already been appointed a court ...

Question

is it illegal for an attorney to give you advice if he has not yet been retained by you when he knows you've already been appointed a court assigned public defender?

Answer

You are not telling us the whole story. If he has approached you out of the blue and is offering his services, he may be violating the State Bar's Rules of Professional Conduct by soliciting, which is unethical.

Answer

If you seek out a lawyers advise, because you are not comfortable with your current representation, then there is nothing wrong with that lawyer speaking with you. Not knowing all the facts, I can't speak intelligently further about your case. I wish you well........David

do i have a right to receive my my employee file after termination

Question

do i have a right to receive my my employee file after termination

Answer

No. Your file is the property of your employer. However, you may get copies of your file with a subpoena if there is a suit in court. If you have reason to think that you may need to sue your former employer or sue someone else in an employment-related matter, you should ask to have a "legal hold" placed on your file. Your lawyer can assist you with that.

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

Its been 4 years since I was falsely charged, and I still haven't received a court date. And it is a forgery charge that is hindering my emp...

Question

Its been 4 years since I was falsely charged, and I still haven't received a court date. And it is a forgery charge that is hindering my employment. Can they do this to me?

Answer

Ask your lawyer.

If you are facing a felony charge that has been outstanding for four years, you must have a lawyer.

if i got a dwi first offense in 2009 in another state and haven't paid the dues how can i get my license back

Question

if i got a dwi first offense in 2009 in another state and haven't paid the dues how can i get my license back

Answer

Do you mean fines? Is your license suspended because of that? If so you have to pay off what you owe.

I am a stay at home mom of a 17 year old and a 14 year old. I currently homeschool the 14 year old and am now expecting a baby. My ex has en...

Question

I am a stay at home mom of a 17 year old and a 14 year old. I currently homeschool the 14 year old and am now expecting a baby. My ex has enticed my 14 year old to go live with him. My question is will I have to pay him child support even though I have stayed home with the kids? Also he currently owes over 25,000 dollars in arrears of child support to.me.

Answer

Child support is based on a number of factors. Were the 14 year old the only child between the two of you, you may be required to pay. If each of you has a child, he may still have to pay because of the disparity in income. You should also be aware that, if you are the custodian of the 17 year old, this dynamic may change once that child reaches 18 or graduates. Also, child support can only be changed by court order, so just having the child live with him does not change his ongoing obligation. Finally, if he is that far in arrears, you may want to consider filing for contempt and having him forced to pay you the arrears or face incarceration.

Answer

Only a judge can change custody. If your 14 year old is residing with the father under no court order, you can demand his return. Even if a 14 year old elects to live with another parent, the judge does not have to grant the change. It is solely based on the best interest of the child. I assume there is no court order or otherwise the issue of child support would have been addressed. There are too many factors to state whether or not you would pay child support. You need to speak with an attorney as this is not a simple question to be answered on an internet posting.

I need to know who i can contact regarding over due child support. i have won my case twice now and still have no monies that are owed to me...

Question

I need to know who i can contact regarding over due child support. i have won my case twice now and still have no monies that are owed to me since the first time i won in 1981.

Answer

Florida Department of Revenue or use a private attorney (which will cost you money up front)

possession of weed and alcohol citation, under 19 years old. what is the punishment?

Question

possession of weed and alcohol citation, under 19 years old. what is the punishment?

Answer

Hard to say. It will depend on factors such as: your prior record, how cooperative you were with the arresting officer, how much 'weed' you had, how you present yourself in Court etc. You should consult with an experienced criminal law attorney. Depending on the policies in your district, there may be some things you could do to keep this off your record.

if you have DNA proving your the father do you still have to get child legitmized?

Question

if you have DNA proving your the father do you still have to get child legitmized?

Answer

DNA testing does not legitimize a child. If you want rights to see your child, you must legitimize your child, and you need an attorney for this.

Answer

Yes

Paternity and legitimation are different

My wife is approaching the end of her FMLA leave due to stage IV cancer (which her employer knows about).Today, their HR called and asked to...

Question

My wife is approaching the end of her FMLA leave due to stage IV cancer (which her employer knows about).

Today, their HR called and asked to voluntarily resign, and only in a brief e-mail (not an official letter) after my wife demanded something in writing, did they remotely offer to offer her "first re-hire" status should her doctors ever clear her again to return to work.

Can they force her to resign; and if she does, what does this do to any social security disability or unemployment claims?

Thank you for your time.

Answer

Would need more information. If she can return they can't force her to return and under the ADA she can ask for more leave time as an accommodation. Feel free to call or e-mail me to discuss further at [email protected]/* */

I was served a summons meant for someone with the same name. What can I do to prove they served the wrong person?

Question

I was served a summons meant for someone with the same name. What can I do to prove they served the wrong person?

Answer

Call the attorney that served you.

Answer

I agree with Mr. Sheikh, call the attorney that is listed on the summons.

I live in Kane county. I want to sue a hospital in DuPage county for personal injury, etc. Which county should I hire an attorney from? Whic...

Question

I live in Kane county. I want to sue a hospital in DuPage county for personal injury, etc. Which county should I hire an attorney from? Which county should I expect the attorney to file my case in?

Answer

You can hire an attorney from any county including cook and the collar counties. With respect to expectations as to whom will file a lawsuit for you, it all depends on your case and its details. Most personal injury attorneys, including me, offer a free consultation to discuss the details and facts of a possible case to assess whether a viable suit can be filed.

You should first consult with an attorney about whether or not you even have a case.

I hope this helps-

Answer

Any attorney licensed in Illinois can file this case. But they may be limited to filing it in the proper venue of DuPage county, where the events transpired and the defendant is located. This is not necessarily a good thing, because DuPage county is considered "conservative".

Most attorneys based in the Chicagoland area litigate in all of its counties, including Lake, Kane, Will, DuPage, and, of course, Cook. So just fine someone you trust and like and don't think too much about geography.

I would consult with someone ASAP. Time limits for filing are short. Also, you need to provide more information about what you want to sue them for.

My mother has a good deal of money in CDs and IRAs. Should she have to be placed in a nursing facility is it true that the money from these ...

Question

My mother has a good deal of money in CDs and IRAs. Should she have to be placed in a nursing facility is it true that the money from these accounts would be used first for her care before Medicare payments begin? My brother and I are on all her accounts, although she is listed first. If this is true, what can we do to protect her money?

Answer

Yes, she must spend almost all that money first. The way around it is to plan when young, as Medicaid looks back a number of years at transactions. Sit down with an elder care lawyer.

I have a notice that my wages will be garnished if I don't make a payment plan with the attorney for creditor. I have tried making payment a...

Question

I have a notice that my wages will be garnished if I don't make a payment plan with the attorney for creditor. I have tried making payment arrangements and they said all or nothing. Is that legal and any advice?

Answer

Do they know where you work or bank?

If not they can't gsrnish you.

Did they serve Summons / Complaint?

Call or email for assistance

Answer

Yes. It is legal. A creditor and/or its attorney has no obligation to accept a payment plan on a debt that is owed and they may proceed to a judgment and seek creditor's remedies that include garnishment.

Answer

There are limits under state law on the amount of your check that can be garnished (basically, you get to keep 3/4th or $290 per week, whichever is more for you, less for the creditor).

Also, if you receive "relief based on need" your wages are off-limits to creditors.

These limits apply to most contract debts (i.e., not child support, not taxes, etc.).

You don't say the amount of the judgment; that may make a difference in how you proceed. But, generally, if you cannot work out a payment plan with the creditor, and if your wages can, in fact, be garnished, and it is enough to cause you to default on other debts, you need to consider a chapter 13 or a chapter 7 bankruptcy.

Answer

Hello. It would appear to be 'legal', but of course full information would need to be known by your personal attorney. In the event that your wages are garnished, know that there are limits to the amounts that may be taken, as well as other protections that may be available pursuant to governing law. Please do confer privately with an attorney as to your personal issues and needs.

Tricia Dwyer Esq

Ph: 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

company "A" owns company "B". Company "A" sells company "B" assets to company "C". Company "D" has an exclusive agreement with company "B" t...

Question

company "A" owns company "B". Company "A" sells company "B" assets to company "C". Company "D" has an exclusive agreement with company "B" to make a part, does company "C" inherit the exclusive agreement?

Answer

This sounds like a bad law school exam question.

Generally a proper sale of the assets of Company B would include an assignment of product orders and contracts, however the sale agreement should explicity state that and the assumption of the contract should be spelled out as part of a schedule.

Put more simply, was the contract made part of the sale of assets by direct statement or by clearly including the assumption of all existing orders and supply contracts.

Howver, without actually reading the terms of the sale agreement as well as the product agreement it is impossible to provide you with a definitive statement.

Two years ago my great grandparents loaned my ex-husbands parents $6500 and have not paid that loan off. Both my great grandparents are dece...

Question

Two years ago my great grandparents loaned my ex-husbands parents $6500 and have not paid that loan off. Both my great grandparents are deceased now, how do I go about getting that loan paid?

Answer

The representatives of the estates of great grandparents needed to pursue this as part of the probate and the estate settlement... The estate was owed the money not anyone else. You don't say how long it has been since great grand parents have been deceased or if estate was probated. If the estate has been settled it complicates the issues... You need to discuss this with a probate attorney.

Does the court believe you have to pay atty fees sanctions before your own bills like for instance taxes/IRS?

Question

Does the court believe you have to pay atty fees sanctions before your own bills like for instance taxes/IRS?

Answer

A sanction award is collected in the same manner as any other civil judgment, and any exemptions that apply to a judgment debtor also apply.

I have an active warrant in Phoenix, Arizona for aggravated assault and resisting arrest, how do I go about taking care of this?

Question

I have an active warrant in Phoenix, Arizona for aggravated assault and resisting arrest, how do I go about taking care of this?

Answer

Technically, you need to self surrender and appear before the judge to get the warrant lifted. However, the most advisable approach is to seek counsell who will then guide you through the process and appear with you to improve your chances of release and the lowest possible bond if any is required.

Answer

The best approach is to retain private counsel to have the warrant quashed. If you self-surrender to the Sheriff's Office without an attorney, you may be held on a very high bond.

My husband passed away and left debt on 2 credit cards. The cards are in his nameonly. Am I responsible for these debts?

Question

My husband passed away and left debt on 2 credit cards. The cards are in his name

only. Am I responsible for these debts?

Answer

Yes, if the debts were incurred while you were married. Arizona is a community property/community debt state.

can a realstate agent rent a house and buy it a year later.

Question

can a realstate agent rent a house and buy it a year later.

Answer

Yes, such might be legally possible but without more relevant

facts related to this situation and any unethical aspects of

it that might be involved (if that's what you have in mind),

I couldn't offer an opinion.

My wife and I live in California. She had an affair and is pregnant with the other man's child. 1. Can the other man establish paternity wit...

Question

My wife and I live in California. She had an affair and is pregnant with the other man's child.

1. Can the other man establish paternity without our cooperation?

2. Can the other man establish paternity with our cooperation?

Answer

1. Maybe. There is a strict law that a child born to a married co-habitating couple is irrebuttably presumed to be the husband's child. Some family law judges, however, will bend over backward to find a way to have the true dad be the legal dad if he wants to step up and take responsibility.

2. Almost certainly. If you do not assert the presumption, it is fairly easy for him to establish paternity if he wants to do so.

can a collections agency serve you papers at work if you request that they dont

Question

can a collections agency serve you papers at work if you request that they dont

Answer

They may not if you have advised them in writing by certified mail not to contact you at work. If it is a civil complaint for damages, then yes, they may serve you at your place of business.

If one of the parties in a child support case is not present at the initial hearing can i have the case dismissed?

Question

If one of the parties in a child support case is not present at the initial hearing can i have the case dismissed?

Answer

If the party asking for support fails to appear and hasn't asked for a postponement, the case will probably be returned to the files. It could later be reopened.

What rights do grandparents have when it comes to visitation of minor grandchild

Question

What rights do grandparents have when it comes to visitation of minor grandchild

Answer

This answer varies greatly. It really depends on the situation. If you are interested in pursuing visitation you should try and find an attorney who will do a free consult. That will allow you to provide more details.

Answer

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

To schedule your consultation, please call us at 1-800-297-9191 or email James Luna at [email protected]/* */

We look forward to hearing from you.

Does a Durable Power of Attorney expire when the notary's stamp expires?

Question

Does a Durable Power of Attorney expire when the notary's stamp expires?

Answer

No.

just received my official charges online. When I was arrested, I was under the impression that it was just for battery. Here is what showed ...

My son lives with my mother and his girlfriend moved in with him. The house belongs to my mom and they pay no rent or help with the bills. D...

Question

My son lives with my mother and his girlfriend moved in with him. The house belongs to my mom and they pay no rent or help with the bills. Does my mom have to serve her with eviction papers in order to make her leave? We are in NC.

Answer

Unfortunately, yes she does. She can try calling the police first, must they will most likely not interfere until a Court order is given.

Need help, I live in Raleigh NC and was recently release from county lock up. I was served with child custody papers where the bio-mother ga...

Question

Need help, I live in Raleigh NC and was recently release from county lock up. I was served with child custody papers where the bio-mother gave the child to her sister. She has just moved to VA and I do not have any contact information. The bio-mother is now preg with another child. Now that I am out I cannot get anyone to response, and I just want a DNA test so I can know if the child is mine or not and take action as needed. I do not have 2.5k to give an attorney, what are my options

Answer

Either you hire an attorney or you have to file the appropriate action in court to petition for a DNA test.

Answer

The best course of action can be determined by one simple question. If the child is yours, do you want to be part of the child's life? If the answer is yes, follow Mr. Love's advice. If the answer is no - you shouldn't do anything. Someone will most likely track you down soon enough to establish paternity for child support purposes. Every day you can delay that happening is a day you don't have to pay support.

what is law about owning property in Mexico in a divorce trial? Does the judge have jurisdiction concerning that property?

Question

what is law about owning property in Mexico in a divorce trial? Does the judge have jurisdiction concerning that property?

Answer

Yes and no. The California judge does not have jurisdiction over the property itself. So for example she could not enter an order or judgment vesting title in one spouse or the other. But the court has power over the parties and can order them to execute and record a deed. If the spouse subject to the order fails to follow the court order they are in contempt and can be fined or even jailed for each day until they comply.

My 18 yo son wants to attend a party where there will be alcohol and underage drinking. He is not going to drink, but wants to look out for ...

Question

My 18 yo son wants to attend a party where there will be alcohol and underage drinking. He is not going to drink, but wants to look out for a friend that may. If there are high school kids under 18yo, could he get in trouble for being there if the party is busted? I think he can as an adult, but he doesn't think he can legally get in trouble as long as he isn't providing anyone with alcohol. This is in Virginia.

Answer

Well, yes, but your son may have some difficulty in convincing these cops

that he has had nothing whatsoever to do with supplying these "underagers" with

the copious quantities of booze found on the premises, but, nevertheless, might

still find himself charged with contributing to the delinquency of minor(s), and who knows what else?

in a felony grand theft Larson case, is the defendant allowed to help select the jury or does the defendant have the right to be at the sele...

Question

in a felony grand theft Larson case, is the defendant allowed to help select the jury or does the defendant have the right to be at the selection process and when does this process happen?

Answer

I assume you mean larceny, not Larson.

Yes, the defendant has a right to be present at all stages of the case, including jury selection.

If you're representing yourself (horrible idea), then you pick your own jury following applicable rules, laws and procedures.

If you have an attorney, they do the questioning of jurors. It's between you and your attorney to decide how much input you have. Some defendants just let the lawyer handle it all. Some want to have input. Conversely, some lawyers want input from their clients. Others would rather take their experience over your gut feelings.

Or any combination of the above.

When u pea a no contest can the other party ask for a restitution

Question

When u pea a no contest can the other party ask for a restitution

Answer

Yes. Any award of "restitution" is in the discretion of the Court and limited to the jurisdictional authority (limits) of the Court. In doing so you may be limited to a sum less than the damages actually suffered, so it is suggested that you check with the Court first to ascertain if the Court is inclined to Order restitution or damages and if so what monetary limitations would apply in that specific Court.

In Circuit Courts in Mississippi there is no monetary cap on damages.

I have been contacted by a legal rep stating I have an inheritance I have been receiving documents to sign but have not did so it is a lot o...

Question

I have been contacted by a legal rep stating I have an inheritance I have been receiving documents to sign but have not did so it is a lot of money and i need to know if it is true.

Answer

I suggest you confer privately with an attorney due to the concerns you stated. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Wills - Trusts - Probate Attorney, http://dwyerlawfirm.net

Dear Sir,my great grand father created a will to among his children and created a private wakf-AL aulad, which says his properties will be m...

Question

Dear Sir,my great grand father created a will to among his children and created a private wakf-AL aulad, which says his properties will be managed by eldest male decedent and he has to manage the affairs. He has mentioned the names of beneficiaries from his children. But few of the beneficiaries left and migrated to Pakistan and took citizen ship and one become a justice and other become a brigedier in Pakistan.They are not alive and can their children claim their rights in India ? if so what is the law that allows or disallows?

Answer

The will needs to be reviewed, and it should have been both filed in court as well as probated if it pertained to any real property. Most wills made here include legal words "per stirpes" which means that if a beneficiary dies but leaves descendants, the descendants inherit the dead beneficiary's share. After a generation or two this becomes a complete mess if not property managed. I suggest you hire an attorney to research whether there was a probate case, what the results were, and if not, to have the will probated even at this late date before things get even more out of control. The mere fact that beneficiaries moved and even took citizenship elsewhere is irrelevant -- they would have to affirmatively disavow the gift made to them in the will. PS this is not civil rights law - it is estate and probate law so when choosing an attorney keep that in mind so the attorney will have a clue what you really need help with.

I live in government housing in illinois where i pay a reduced rent because I am unemployed. I have two children and am not married. My daug...

Question

I live in government housing in illinois where i pay a reduced rent because I am unemployed. I have two children and am not married. My daughters dad comes to see her on a regular basis during the day because he works at night so he is there quite often in the daytime. I was told by the housing authority that he could not visit anymore as often as he does. Im not sure why because we are not noisy nor do we cause any problems. Also they tell me that i cant have anyone spend the night at my house ever. Is this right are they allowed to tell me when i can have someone at my house? Also they are remodeling all the apartments and they are having me move into the ones they already have remodeled and they are asking for a 500 dollar deposit before we can move but if I dont have the deposit I have to move out of the one im currently in because they need to remodel it? I am in low income housing because i do not have that sort of money to give them but they want it all before i can move. are they allowed to do this?

Answer

It depends on the program. If you are under the "Housing Choice Voucher Program" you should have a pretty standard Chicago lease that also complies with the program, so what your lease says about having to move would control your obligation for any deposit; leases usually don't require deposits if it's the landlord's choice but then again most landlords don't remodel unless the city requires code upgrades, and then they do only what they have to, to meet code. The only other option you might have is to stay in an un-remodeled apartment. As to why the dad can't live there, that's also something usually covered by the lease -- only tenants who sign the lease along with others who are named in the lease as additional occupants (typically children or some other relative, up to the maximum allowed in that size apartment unit under zoning laws) can live there. Unfortunately without the lease to read, this may not be reliable help, and you should still take your lease to an attorney who can give you the best answers.

How legit is a lease bought from Staples if it is signed by the deed holder/co signer of mortgage but not the main person on the mortgage?

Question

How legit is a lease bought from Staples if it is signed by the deed holder/co signer of mortgage but not the main person on the mortgage?

Answer

An agreement about property has to be signed by the legal owner(s) to bind the property. The deed shows who the owners are.

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.

Wife wants 100 custody of kids. I am trying to do joint 50/50 custody but don't know if I can get it since my work schedule is at night so ...

Question

Wife wants 100% custody of kids. I am trying to do joint 50/50 custody but don't know if I can get it since my work schedule is at night so she takes them to school and picks them up.... She deals with kids during the week and I spend the weekends that I'm off work with them. Is there a way to still get 50% joint custody?

Answer

You may be able to get joint custody but whether you can get them 50 per cent of the time depends on a number of factors including the age of the children and child care arrangements

Answer

It is possible to get close to, but not realistically to reach a 50/50 plan for a parent who cannot care for the children on week-nights. Joint legal custody, sure, but it's just logistically impossible to get to 50/50 when unable to have week-days and nights.

Answer

Joint legal custody means that you and your ex make health education and welfare decisions together for the benefit of the child. Actual parenting time share is based upon the specific needs of each family system. Your work schedule must be taken into consideration when it comes to having quality not quantity time with your children.

I have legal guardianship of my mom who has advanced alzheimer's. Is there any way to obtain power of attorney?

Question

I have legal guardianship of my mom who has advanced alzheimer's. Is there any way to obtain power of attorney?

Answer

If you are the court-appointed legal guardian then you already have the type of authority and powers typically granted in a power of attorney. You should discuss your duties, powers and authority with your guardianship counsel.

Answer

Basic answer is you dion't need a power of attorney. You should just be able to show your "letters of office" to anyone who requires proof that you are your mother's legal guardian.

My wife worked for a large retailer in Michigan as a manager. In 2009 her boss grabbed her by the arm and told her to "just f-ing do it" abo...

Question

My wife worked for a large retailer in Michigan as a manager. In 2009 her boss grabbed her by the arm and told her to "just f-ing do it" about changing a table. She did not report it at the time. A few months later in 2010 she was in a car accident and severely injured her foot and was told by the treating Doctor at the hospital to stay off it until it healed (4-6 weeks estimated) so she called off from work. The next day I got a phone call from her boss saying he needed to talk to her I work her up and told her JOE was on the speaker phone, he told her she had 2 days to get back to work or she would be fired. I told him and her she can take as much time as she wants because she can't walk, he insisted HIS boss told him this and in fear of her job she went back to work and worked in a walking cast on her feet for 10 hours per day. She was eventually demoted, then left the company.

So the question is - Did her boss commit a crime by forcing her to work on a "injured" foot causing permanent periodic pain in that foot?

She does not care about money as much as holding both her bosses accountable for the assault and forcing her to work injured.

Answer

This is the exact same question that was 22-1/2 hours ago. Look here for the identical question and my reply:

http://www./answers/answer/show/742140742

a person i am dating now (was married but divorced years ago) put two of his homes in his name and signed a legal document saying it was a g...

Question

a person i am dating now (was married but divorced years ago) put two of his homes in his name and signed a legal document saying it was a gift with no expectations. now he wants to go to court and take them back because we are breaking up. do I need to worry?

Answer

You leave out a lot of facts. You claim he signed a " legal document" gifting you the property. If the document was not a deed that transferred ownership to you and recorded, your ownership was not perfected. You may have little rights here...

Answer

I don't read your confusing post the way Mr. Green does. You state that he put the homes in his name. He's allowed to hold title to property anyway he wants. I'm not sure what your question is.

Hi I was caught shoplifting at Von maur. I was told to sign a civil demand and a notice that I can't come back: the police took me to the st...

Question

Hi I was caught shoplifting at Von maur. I was told to sign a civil demand and a notice that I can't come back: the police took me to the station and since it was my first offense and a clean record I was issued a ticket. I think it is municipal but I'm not sure. What's the difference if it is or isn't? What will most likely come out of this? Do I pay the civil demand? Do I need an attorney? When I check my records online it says there is an open case but there are no details about the arrest why is this? Can someone help answer questions and offer any info that may help

Answer

This is NOT a Workers' Compensation question. That is the area of law dealing with work injuries. This is a criminal law question. NEVER pay a civil demand. It is extortion. Save the money for a criminal defense attorney.

My dad owns a 50 acre farm and my husband and I have been married for 10 years BUT my dad is the "What if" type and thinks the worst. We are...

Question

My dad owns a 50 acre farm and my husband and I have been married for 10 years BUT my dad is the "What if" type and thinks the worst. We are wanting to build on an acre of the farm, my dad has an issue with this thinking if we do get divorced then my husband could force me to sell the land and the house in the event we cannot come to an agreement with me keeping the house. Is there anyway to put into a document signed by us to cover my dads land not being sold? Im trying to convince dad that the land would be covered just in case.

Answer

Yes, an agreement could be drafted by an attorney to cover all of these issues. It would probably take an attorney who deals in matrimonial/family issues, because the agreement would be a post-nuptial contract between you and your husband, as to what his rights would be in the event of a marital dissolution.

Regarding Georgia law: my father passed away over five years ago and my mother passed away March 1st this year. Neither will was probated. I...

Question

Regarding Georgia law: my father passed away over five years ago and my mother passed away March 1st this year. Neither will was probated. Is their a statute of limitations on my fathers will being probated?

Answer

Some states have time limits for probating an estate. There does not seem to be any time limits in Georgia. However, due to the lapse of time, is there anything to be probated for your father? What assets did he own and how were they titled? For example, if he owned jointly held real property with your mother, a joint bank account with her and a car and a small life insurance policy making her the beneficiary, there is no point in probating an estate for your father now as there is nothing to probate and most debts, if any existed, may even be time barred or will soon be time-barred.

Your mother is a different issue since she died. You do not indicate what she owned or how it was titled but for assets that were solely in her name you will need to probate an estate to transfer title. And she also may have debts.

I suggest that you make a list of assets and debts that your father owned at the time of his death and find out how it was titled. Do the same for your mother. I would at least consult with a probate attorney who practices in the county/state where your mother lived at the time of her death and see about probating an estate for your mother for sure. While discussing your mother's estate you can see if there needs to be a probate for your father's estate.

what can i do if i was falsely accused of setting up a beating on a police report?

my CA house was foreclosed in June 2012 and now the second mortgage is with a collection agency and they are coming after me for the balance...

Question

my CA house was foreclosed in June 2012 and now the second mortgage is with a collection agency and they are coming after me for the balance of $150,000. I thought there was a federal law to protect me...can they do this?

Answer

There is no federal law to protect you. The second is what is known as a sold out junior lienholder, and can sue you on the promissory note, because there is no security to foreclose on. This lawsuit could be defended if the holder of the first and the second were the same lender, or if the second loan could be considered a purchase money loan.

I suggest you consult with a competent real estate attorney familiar with this area of the law, immediately.

Answer

There is no federal law that protects you from a "sold out junior," other than the Bankruptcy Code. There MAY be California state laws that protect you, but only under certain circumstances. You will need to go over your specific situation with a lawyer to find out if they apply to you.

Answer

Under the "Contracts Clause" of the U.S. Constitution (Article 1, Section 10), no state may make a law impairing the obligation of contracts. Although this Constitutional provision has been watered down considerably by Supreme Court interpretations since the early 19th Century, I'm pretty sure there is no California law that would prevent the creditor from suing. Same goes for Federal laws.

My son and his girlfriend had sign a lease for an apartment in July of 2013 his girlfriend has decided to move out and wants her name remove...

Question

My son and his girlfriend had sign a lease for an apartment in July of 2013 his girlfriend has decided to move out and wants her name removed off the lease.The rental agency is telling my son if she turns in her keys then they will have to evict him because she wants off the lease.My question would be if the rent is current and he wants to stay there would they be aloud to evict him because she wants to walk away? The rent is current not behind and I had thought they could not evict you if you have not violated any of the rules on the lease it would be the same thing as if one would lose their job then the other person on the lease would cover so I'm not understanding with a sign lease shouldn't it have to stay the same until there was non payment or a violation before they can evict someone?

Answer

In Ohio, much would depend upon what the lease said. If the lease did not say that both tenants had to live there and the full rent was being paid by one person, then I don't see how her leaving would be a breach of the lease sufficient to support an eviction.

In massachusetts an ex lied to get a restraining order with no evidence..and they gave it to her...then she had a change of heart and went a...

Question

In massachusetts an ex lied to get a restraining order with no evidence..and they gave it to her...then she had a change of heart and went and terminated the order. On the notice I got it said " the order is terminated at plaintiffs request...all law enforcement shall destroy all records of such order". Yet a year later im applying for jobs in ny where i live..and the law enforcement agency in mass is sending copies of this order to my potential employers..can i take legal action for them providing documents that were ordered destroyed?

Answer

consult an attorney and have the attorney review the order and contact the disclosing agency.

IS THERE A LIMIT on time to file a slander / defamation lawsuit ?

After granting a Motion to avoid lien and order Confirming chapter 13 bankruptcy plan, is it possible for the property in question to contin...

Question

After granting a Motion to avoid lien and order Confirming chapter 13 bankruptcy plan, is it possible for the property in question to continue to be listed under properties in foreclosure for auction? Can it be sold? Yes no?

Answer

The granting of your motion would have been conditioned upon your successful completion of your Ch. 13 Plan. If you are unable to continue to make your first mortgage and Plan payments your Ch 13 case will be dismissed and the second mortgage will still be a second mortgage (it will not be "stripped"). As for the property remaining on the foreclosure listings, I suppose it can so remain, but the lender cannot take any action to collect money from you nor sell your property... again, as long as the plan remains viable. Good luck!

my husband of 25 yrs has retired and rolled his 401k over to a IRA. He listed his children from a previous marraige as bennificarys, Since i...

Question

my husband of 25 yrs has retired and rolled his 401k over to a IRA. He listed his children from a previous marraige as bennificarys, Since i am his currant wife wouldnt i have to sign off that i agree?

Answer

Not unless you were a co-owner of your husband's 401K.

Should I hire a lawyer or do the paperwork myself because of child born during marriage that is not ours together.I live Georgia and want to...

Question

Should I hire a lawyer or do the paperwork myself because of child born during marriage that is not ours together.

I live Georgia and want to file an uncontested divorce. I am unsure of whether or not I should consult with and have a lawyer fill out my paperwork or do it myself. My ex and I have a son together, but have been split up for 6 years. We already have child support established on him through the court system. Two years ago, I got pregnant with another man's child. Because of the law changes made in the state of Georgia, she couldn't take her biological father's last name or my maiden name. My ex knows of the entire situation and knows he isn't the father of the child. Since he isn't going to put up a fight, what would I need to do in order to legitimize my child and have the name changed on the birth certificate for both the father and child. (Father's name shows refused on birth certificate.) The biological father for my second child wants to be legitimized with the child. I am just unsure of which steps to take to. Would the biological father and I just need to file a Request to Admit along with a Petition for a name change and a form to legitimize him as the father? Or is there something else I may be missing.

Answer

In no way should you attempt to try to deal with these legal issues on your own. You definitely need an attorney as the child will have to be addressed in the divorce.

My Husband has a court hearing for improper registration and driving without a license will he get locked up

Question

My Husband has a court hearing for improper registration and driving without a license will he get locked up

Answer

No, probably not, but since the second charge can be a jailable offense, your

husband should have an appropriately experienced attorney to represent him

in these matters to maximize his chances that such does not occur in his case.

I live in Texas at present and want to move as I have been offered better jobs in both Florida and Alaska. There is temp custody and he has ...

Question

I live in Texas at present and want to move as I have been offered better jobs in both Florida and Alaska. There is temp custody and he has supervised visitation and is not working. I also have a 2 year protection order against him as well as his now ex wife having one as well. Can I go ahead and move and file in my new state or must I wait for the final order to be done?

Answer

No you cannot move with the children. If you leave, the children must stay. The Texas court has continuing jurisdiction over the children. You instead must have the permission of the court, and it should be in the final order. A temporary ruling is not sufficient to effect such a significant change.

I want to disown my 20 yr old daughter: can I and How much?

Question

I want to disown my 20 yr old daughter: can I and How much?

Answer

If you want to direct how your property is distributed after death, get a will. Call lawyers who handle these matters and ask them how much they charge, based on your circumstances.

Answer

If you want to disinherit her you do that by a will (and sometimes related documents). The cost is usually inexpensive but depends on many details you didn't share. You'd have to call me with the details to get a specific number.

Answer

You can disinherit your daughter in your Last Will & Testament. I do those with a health care directive and living will as a packet.

Tahira Piraino

404/248-0203

Is there a 24 month timeframe starting on the original date of sentencing during which a sentence modification may be both petitoned and imp...

Question

Is there a 24 month timeframe starting on the original date of sentencing during which a sentence modification may be both petitoned and imposed by a court of law to a DUI charge?

Answer

DUI sentencing usual duration in 1 year unless it is a HV felony

Glad to answer your DUI questions privately

Ralph J Villani, Esq.

VILLANI LAW FIRM

821 Dawsonville, Hwy.

Suite 250-333

Gainesville, GA 30501-2634

(TEL) 770.985-6773 (answered 24x7 every day)

(Email) [email protected]/* */

Hi, I've recently been contacted by a Legal Shield telemarketer to become an associate (pyramid) to recruit members. My question is, does th...

Question

Hi, I've recently been contacted by a Legal Shield telemarketer to become an associate (pyramid) to recruit members. My question is, does this company really have anything to offer (for $20 per month) that I can't get for free on a website like yours?

Answer

I would go with your instinct. If it seems like a scam it probably is. Good Luck

I am a PhD student on an F-1 visa and I won DV lottery 2015. I know that I have to wait for my case number to be current and then file I-485...

Question

I am a PhD student on an F-1 visa and I won DV lottery 2015. I know that I have to wait for my case number to be current and then file I-485 to the USCIS for status adjustment. But, I am not clear if I have to fill the online DS-260 and if I have to pay any fees to KCC other than this. Please explain the whole procedure. Thanks

Answer

For more information as to how to proceed with your case, please refer to:

https://www.dvlottery.state.gov/

http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program

Answer

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

The owner of the triplex I have lived in over 3.5 yrs has sold it and has given me a 60 day no fault notice to vacate because buyer had an a...

Question

The owner of the triplex I have lived in over 3.5 yrs has sold it and has given me a 60 day no fault notice to vacate because buyer had an agreement that seller would deliver to the buyer vacant properties.Two days ago the seller asked if I would be interested in doing a cash for keys deal. Question Am I entitled to relocation assistance from the current owner and is it mandatory under Calif. law. If so what are the Calif. codes that deal with this issue . It is a no rent control area & I am 71 years old & have never been evicted before .

Answer

There is no statewide requirement of relocation assistance for terminations of tenancies that are not covered by a rent control ordinance.

I am inquiring if I even have a case and would like an to know if I should pursue.To make a long story short, I filed a grievance with the H...

Must my spouse sign a waiver if I don't name her the beneficiary of my pension. We live in New Jersey.

Question

Must my spouse sign a waiver if I don't name her the beneficiary of my pension. We live in New Jersey.

Answer

It could depend on the type of pension plan. You can ask your employer for a copy of the plan documents and then review what it allows.

If a tenants lease is expired in new york state do they have the right to be on the property?

Question

If a tenants lease is expired in new york state do they have the right to be on the property?

Answer

It depends. You're providing no facts at all. They could be rent-stabilized. They might have paid rent. There are dozens of possibilities. Handle it wrong and landlords can end up in jail.

My mortgage company filed a Discharge of Mortgage with my local Recorder of Deeds a few years ago. I just found it again. At the time I rece...

Question

My mortgage company filed a Discharge of Mortgage with my local Recorder of Deeds a few years ago. I just found it again. At the time I received it, I called to inquiry about it and they said "Just ignore that, we don't know why that letter was sent." Am I still responsible for the mortgage even though the county records show the mortgage as discharged?

Answer

The situation does not alter the debt but it could alter the security for it. That might affect future lenders. In theory, it converts the secured loan into an unsecured loan. Unless you intend to borrow beyond your means, it does not have much effect on your situation unless you go into bankruptcy. In that case, be sure to point it out to your lawyer.

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

My ex-husband and I are considering re-marrying. In the 20 plus years since our divorce, he has been less than responsible with money. If we...

Question

My ex-husband and I are considering re-marrying. In the 20 plus years since our divorce, he has been less than responsible with money. If we remarry, would I be responsible for debts he incurred while we were not married?

Answer

No, you would not be responsible for any debt he had prior to your second marriage. However, should seriously consider the financial risks of remarrying someone you know has difficulty managing their financial affairs. Any debt he acquires during the new marriage is community property. You would be responsible for any debt while married to him that was created at that time.

Answer

His creditors can look to his separate property and all of your community property to satisfy any premarital debts.

I was accused by students of drinking alcohol in school and had to undergo drug testing. Whats my recourse

Question

I was accused by students of drinking alcohol in school and had to undergo drug testing. Whats my recourse

Answer

Recourse for what? Were you drinking in school? If so, you have a problem and may need a lawyer. Otherwise, since you gave us no information at all as to why you think you have "recourse," it is difficult to respond. Why do you think it was inappropriate?

I short-sold my home last year and am concerned about the bank chasing me down for personal liability within their 5 year limit. I tried to ...

Question

I short-sold my home last year and am concerned about the bank chasing me down for personal liability within their 5 year limit. I tried to be smart about it, but am not sure if I am safe.

I negotiated a $7,000 payment at the time of closing and just received my 1099-C tax form, does that mean that they have completely forgiven my debt and I can relax?

Thank you for your help.

Answer

Impossible to answer your questions without seeing the paperwork. Remember the five year period starts from the date the last payment was due on your mortgage. Did they issue a satisfaction of the mortgage? If so, then you likely are OK.

10 days ago (Jan.3rd,2014) I got into an argument with my then girlfriend. As she tried toleave my house, I tried to restrain her by holding...

Question

10 days ago (Jan.3rd,2014) I got into an argument with my then girlfriend. As she tried toleave my house, I tried to restrain her by holding her forearms. She claims this left bruises, & she took pictures of it. Can i still be charged with anything this many days after the event?

Answer

Sure, as time passes the chances of being charged decrease but after ten days you can certainly be charged, particularly if she has pictures.

Answer

Yes. You can be charged until the statute of limitations has run. Different charges have different limitations periods. But they are all measured in months or years, not days.

Based on what you've written, the most likely charge would be misdemeanor battery. The limitations period for that charge is one year. But other, more serious charges are also plausible, and some of them have longer time limits.

I don't know how likely it is that you will be charged at all. But the passage of a week and a half will not prevent the prosecutor from charging you if he believes he has a case.

Answer

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, with over 25 years of experience in these matters, I can tell you that charges could most certainly be brought after such a time period. You should NEVER speak to law enforcement or speak with this female about the charges or any 3rd person. You should contact an experienced attorney at once. I wish you well........David

Answer

The prosecutor and police have up to a year to bring charges on such misdemanor crimes. The longer she waits to complain to them, the less likely they are to act.

If you are charged, feel free to contact me for the legal help you are going to need. I've been doing such cases for many years throughout SoCal.

i got an open intoxcicant ticket and missed one court date. I went into court late for the first court date I missed and paid a $500 bond fo...

Question

i got an open intoxcicant ticket and missed one court date. I went into court late for the first court date I missed and paid a $500 bond for being late. I now have a court date coming up in two days. What can I expect?

Answer

Well, you are not off to the best start. I'm assuming by the way you phrased your question there is little room for a defense. If you are asking about a potential plea offer and sentencing expectations feel free to contact me. I need more information to answer your question, your background etc.

If your case is in Rochester Hills, depending on the Judge you pulled, you could be in for a rough ride. If you would like to discuss I'm here to answer your specific questions.

Answer

The Bloomfield Hills District Court won't look well on your failure to appear. You should be hiring an aggressive attorney to fight for you. I suggest that you read more at:

www.AggressiveCriminalDefense.com

Answer

Well, that is tough to state without knowing the facts. I am assuming that the matter is scheduled for a Pre-Trial. At a pre-trial, the police report is reviewed and the matter is negotiated with the prosecutor. At that point, you can decide to plead guilty, proceed to trial or ask for additional discovery. You may also be eligible for certain diversion programs.

Your best case scenario would be to speak with an attorney. Many (including myself) offer free consultations either by phone or in person.

Rochester District Court can be tough, and seeing that your bond was increased for being late, I can take a guess at the Judge assigned to your matter. Also, plan on being to Court early.

Contact an attorney for a specific answer. Good luck.

Answer

Open intox is possibly the lowest (and most popular for youngsters) misdemeanor in the book, but you have managed to screw this up and behave like you have a serious alcohol problem.

Usually first offenders serve a short period of probation (The law does not permit jail time). After you complete probation, your case will be dismissed IF you do what you're told.

Advice: Show up 15 minutes early, no jeans or shorts. Wear dark pants and a clean long sleeve (tucked in) shirt. Clean shaven face. Be polite. Act scared (Judges like this). LISTEN CAREFULLY. Stand up straight. No hands in pockets. Address the judge as "your Honor". Bring your mom to stand behind you at the podium. Plead guilty. Say you're sorry.

If a husband is under a bankruptcy is it legal for the wife to make purchases for him using her credit?

Question

If a husband is under a bankruptcy is it legal for the wife to make purchases for him using her credit?

Answer

Maybe, but your question is so vague (what purchases, why, and how much, as well as what type bankruptcy) that there is no way to answer you.

My fiance and I have beening living together for two years. His credit history is bad, so I signed for him to get a truck and motorcycle. We...

Question

My fiance and I have beening living together for two years. His credit history is bad, so I signed for him to get a truck and motorcycle. We are ending our relationship and I want a legal document stating he is to be responsible for all payments and repair and not to be late on payment due to the fact it will go on my credit if he does not pay. What do I need to do to accomplish this?

Answer

You can have a lawyer draft an agreement. That won't undo the huge mistake of co-signing, and if he can't pay no agreement can force him to pay. It'll still go on your credit. The only real solution is to sell the vehicle and pay off the loan.

Answer

You have probably now learned an important lesson. Never cosign on anything for anyone, not even a relative. An attorney can draw up an agreement and include indemnification language. The agreement, however, cannot bind the creditor. Should your soon to be ex fail to make a payment or payments, the creditor can still come after you. Any late or missed payments will appear on your credit report. If there is a suit to collect, you will be named as a Defendant. Finally, if you are on the titles and he fails to maintain insurance and was the cause of an accident, that could also come back to haunt you. Your best option is to sell the truck and motorcycle.

Can I file a small claims lawsuit due to property damage of my car due to a car accident even if I traded my car in for a new car or is the ...

Question

Can I file a small claims lawsuit due to property damage of my car due to a car accident even if I traded my car in for a new car or is the at fault now off the hook? I wouldn't have to buy another car if my car wasn't beyond repair

Answer

You can sue for damages being the diminution in trade-in value between a car that is just used and one that is used AND totaled, but the problem is that you will have a difficult time proving the amount AND courts don't like it when the people being sued can even have the situation evaluated -- you got rid of the evidence. However, the way it normally works is this: if you had insurance (collision?) and your insurance company had paid you for the loss, then if a third party was responsible for the damage (whether or not THEY had insurance), your insurance company would go after them to be reimbursed what they paid you. AND, since they sue on your behalf if they recover MORE than what they paid you (unlikely because there are attorney fees and court costs and settlements usually take those things also into account), but it happens) then you are supposed to get the excess.

Should I have gotten a BCA report with my discovery

Question

Should I have gotten a BCA report with my discovery

Answer

Not necessarily, but you can specifically request that from the prosecutor. Or just get it from the BCA yourself.

www.siebenedmunds.com

Answer

No. You may obtain the report yourself or you may request it of the pros'. Tricia Dwyer Esq ph 612-296-9666 MN Criminal Defense Attorneys

given the judges tendency to be strict on 2nd DUI (within 6 mos.)HONESTLY what can a lawyer REALLY achieve hereMy wife is guilty and plans o...

Question

given the judges tendency to be strict on 2nd DUI (within 6 mos.)

HONESTLY what can a lawyer REALLY achieve here

My wife is guilty and plans on saying so at her Ventura County VOP arraignment Thursday 2/27

???????

Answer

I've practiced in Ventura court for about 15 years and they are tough. Even being a Former DA, myself, I can't tell you what a good lawyer could do, but I still know you are better off with a lawyer to try to get a better deal than they would offer without a lawyer fighting for you......that's just my opinion.....David

I took my ex husband back to court to get him to pay the correct child support and help with my other daughters college fees. I had a new la...

Question

I took my ex husband back to court to get him to pay the correct child support and help with my other daughters college fees. I had a new lawyer and somehow it was put into the order that my ex husband gets to claim my younger daughter every year for taxes. I was given a copy to look over and make corrections. I made 2 corrections, one was made but the tax issue was not. It was then signed by the judge. My daughter lives with me full time and it is not fair that this error was made and was never discussed at the court date. My ex lawyers only defense is that the judge ordered it. There are not court records. Lawyers don't want to get involved with a case against another lawyer and after paying this lawyer 11,000. I can't afford another lawyer. I was told that I need to fill out a motion to correct and modify an order. I know I do that at the court house, but I have no idea what to include with the motion? Do I also send my ex lawyer a copy of the motion? I don't have a clue what I'm doing.

Answer

Before you run out and file motions, be aware that the court has the power to award exemptions as it deems appropriate. If your ex is paying support, the court may have or will award your ex the child as his dependent. While it may not have been handled appropriately, it may have been what was ordered.

I was informed yesterday that my student loans have gone into collection. The collection agency informed me they had mailed a letter to an o...

Question

I was informed yesterday that my student loans have gone into collection. The collection agency informed me they had mailed a letter to an old adress of mine and as of yesterday the notice expired. I was given two options either enter a payment agreement in which two payments would be due this month or they would garnish 15% of my wages. I was told they can send me a review request packet to receive a hearing from a third party company. My child support was just increased and right now I bring home less than my rent and utilities are each month. So losing 15% of my income would cause me to be homeless. But if I request a review she said my wages will be garnished until they revieve the packet and schedule it etc. Is there anything I can do? This happened because a financial aid advisor told me a class would be covered under my grant and halfway through the class told me I had to pay 778 dillars to contonue the class and schooling. And I obviously did not have it. Any help Iis greatly appreciated. Thank you.

Answer

You need to contact a consumer lawyer who handles these types of cases in your area. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

Answer

For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

Answer

It will depend on the terms in the contract and the type of loan(s). Student loans are one those debts that don't go away, even with bankruptcy, etc.

You may be entitled to a temporary forbearance if you haven't already used one. While the debt won't go away, and will even continue to accrue interest, you may be able to delay payments a little while longer in order to find a way to draw more income.

To avoid the problem from growing bigger, contact a consumer attorney as Mr. Marino previously suggested. Good luck to you.

Non Compete, non solicitation agreement. My freelance vendor got "spooked" by this document. Says that article 7 is too far reaching not let...

i live in michigan and am going through a contested divorce an was wondering what the "limit" was on how many interrogatory questions you ca...

Question

i live in michigan and am going through a contested divorce an was wondering what the "limit" was on how many interrogatory questions you can ask?

Answer

Michigan, unlike most jurisdictions, do not have a limit on the number of interoggatories that can be asked as long as they are relevant.

Answer

There is no limit however, If they are unduly burdensome or not relevant discovery motions may be needed for clarification.

I'm in state court against a lender for bad boy conduct. I also filed for chapter 11 to stave off default on an existing mortgage. I do have...

Question

I'm in state court against a lender for bad boy conduct. I also filed for chapter 11 to stave off default on an existing mortgage. I do have a voluntary municipal default in the amount of $7,000. The property involved is valued in excess of $5 million. The bankruptcy judge dismissed the case citing the $7,000 default. I'm told default is not a bankruptcy issue. This is important for when I'm in state court, will that court defer to the BK decision? Is there any case I can use claiming the BK court is not the jurisdiction.

Answer

You are in state court for "bad boy" conduct by whom? You personally filed a chapter 11 bankruptcy? A municipal default? The property is worth more than 5 million? The bankruptcy judge dismissed what case, the bankruptcy? Why do you think you need to prove that the bankruptcy court did not have proper jurisdiction? The very first sentence of what you have written is confusing. The rest of it hardly makes any sense at all. I suggest that you just tell the basic facts and ask a question again.

I left Colorado with open cases. I know warrants were issued. My question is this. Can I get the warrants taken care of from another state w...

Question

I left Colorado with open cases. I know warrants were issued. My question is this. Can I get the warrants taken care of from another state without doing jail time? Or will the warrants ever go away?

Answer

It depends on what the warrants are for.

If they are felony warrants for new cases, you will definately have to come back to clear them.

Answer

Misdo warrants may go away, but most stick around. Felony warrants are different. Like Mr. Cassens says, your question cannot be answered without knowing why the warrants were issued.

If there is no written policy on severance. must an employer follow past practice / standard practice when they offer a severance? ( I choos...

Question

If there is no written policy on severance. must an employer follow past practice / standard practice when they offer a severance? ( I choose other discrimination because employment / wage and hour wasn't a choice)

Answer

There's nothing that says they have to offer you anything. Your only recourse is to sue them if you think you've been short changed. You may also contact the office of the labor commissioner.

I am a T.B.I. Coma survivor who is Handicapped and lives independently, in my mortgaged Condo. A couple months ago, in our 24/7 fitness cent...

Question

I am a T.B.I. Coma survivor who is Handicapped and lives independently, in my mortgaged Condo. A couple months ago, in our 24/7 fitness center, I was assaulted. Since then, the female property manager, just plead NO CONTEST, with her silent acknowledgement of the wrongful act. In search, of the correct attorney, to pursue the correct amounts in damages, where should I take this?

Thank you,

Jason Nance

Answer

Take the time to talk to Virginia litigation attorneys to find the attorney who is a good fit for you. Many attorneys will provide a free consultation to discuss the facts, and many will also give you a case assessment--where they essentially give you their take of your options and the possible outcomes. You want an attorney who is experienced, responsive, and flexible.

You can search for attorneys using this site, google, word-of-mouth, or any other tool. There is no right way to find an attorney, the key is to not get pressured into signing-on with an attorney that you are not comfortable with.

We partnered with Mr. Y for a business with a 50/50 ownership. To make the long story short, we ended up went through arbitration to buy out...

Question

We partnered with Mr. Y for a business with a 50/50 ownership. To make the long story short, we ended up went through arbitration to buy out his shares (50%) of the business. The whole process from setting up the business until arbitration was handled by attorney. The transaction was over and we paid Mr. Y the award in full. (Note. Mr.Y was not happy with the award amount granted by the arbitrator (a retired Judge), so he tried in many possible ways to get as much extra as he could and not letting us live well). As a result, he reported to both the Police Dept and X Bank (our former company bank account) that we forged his signature at the end when we closed the old account and transferred the remaining balance to open a new bank account but in fact we used a "pre-signed" check from him and this action was consent and was under our attorney's instruction to do so. The account then was frozen by X Bank because of this issue happened. Anyway, after 2 years of investigation, police department finally closed the case with no charges ever made and even the record is now sealed (we had documents from the PD). And we had further Arbitration Award that the Arbitrator had ordered Mr. Y to go to X Bank to close the case within 3 days so the fund will release back to us. Our attorney also confirmed this Award into a Judgment from the Court. However, Mr. Y failed to cooperate and had ignored the court order. We submitted all legal documents to X Bank and request to have the money release back to us but the legal dept from the bank denied our request and explaining to us that the request must be from Mr. Y. but not us ! We are the prevailing party, is that mean we will never get the money back unless the case is dismiss from Mr. Y?

Answer

That is quite an amazing story of what you went through. You my have to get an order directing the bank or have an Elisor appointed.

if I don't agree on a settlement at mediation,can I still seek counsel and do mediation again,i am doing the divorce myself

Question

if I don't agree on a settlement at mediation,can I still seek counsel and do mediation again,i am doing the divorce myself

Answer

That often happens. However, it would be up to the Court. If opposing counsel agrees, that would not be a problem. If the case isn't ready for trial, a Motion For Temporary Relief can also be filed, which will usually require the case to mediated. In my 13 years of practicing family law, most attorneys will welcome returning to mediation if there is a realistic chance of resolving the case.

Answer

If the Agreement has been approved by the Judge it is their discretion as to any modification, there must be a valid reason such as fraud overreaching. In my area Judges will not modify for one year.

Answer

yes if the other side agrees you can mediate again.

At what age does a child have the right to refuse visits from non custodial parent in texas?

Question

At what age does a child have the right to refuse visits from non custodial parent in texas?

Answer

The technical answer is 18.

I would encourage you to meet with an attorney in your county and discuss your particular situation.

If there is "danger" at the non-custodial parent's home then a modification might be needed.

Merely not wanting to go is not enough.

If the non-custodial parent does not take the child to their extra-curricular activities then a modification might be needed.

www.familylaw4u.com

713-847-6000

in 1994 we entered into a "Verbal" agreement with our next door neighbor allowing us to build stairs a couple inches over into her property ...

Question

in 1994 we entered into a "Verbal" agreement with our next door neighbor allowing us to build stairs a couple inches over into her property line. Now she is threatening us that she can have us take them down. What are our rights?

Answer

When it comes to real estate, verbal agreements aren't worth the paper they are written on.

Answer

The previous answer is too simplistic. Your oral agreement (lawyers prefer to call them "oral" rather than "verbal," because "verbal" only means "with words," which could be written or spoken words) was legally sufficient to create a license. A license, in legalese, is permission to use the real estate of another, without acquiring any ownership interest. Everyday license agreement situations include your ticket to a baseball game where you license the right to sit in Seat 44-F during today's game, or when you go to the airport and park your car in stall 44-F of the parking garage for a week while you're in Hawaii.

In addition to these everyday situations, people grant licenses in their property by various informal means for any number of purposes, including building stairs a couple inches over the property line.

The problem with licenses, from the standpoint of the licensee, is that the licensor can usually revoke the license simply by giving notice of the revocation. There are some limits on this right to revoke a license, which you might want to explore with a lawyer. However, I'd say that the neighbor is probably within her rights to revoke the license for the encroaching stairs.

This is not a situation where a prescriptive easement might arise, since the neighbor and you had an oral agreement. Prescriptive easements arise where the property owner has not agreed in any way to the adverse use of her property.

Answer

My original answer still stands. Mr. Whipple's examples all involve a writing, which is a ticket. Try to get your car out of airport parking without a ticket and you will realize the truth in my original statement.

My mother recieved a court summons for a 11grand med bill.She is totally bed-bound and cant make it down there.Im her homemaker and I cant b...

Question

My mother recieved a court summons for a 11grand med bill.She is totally bed-bound and cant make it down there.Im her homemaker and I cant be power of attorney.We have no other family members.What can we do?

Answer

Simple. Hire an attorney. The attorney can save her more money than the attorney costs. I handle these cases. Call me for a free telephone consultation at 314-727-2822 b

Answer

I agree. Your mother needs to hire an attorney to represent her interests in court. I can be reached at 312-372-5600 to discuss further.

My father passed away in 2010 leaving house to my brother and I. The house is totally paid off. We lived together, and his girlfriend, now h...

Question

My father passed away in 2010 leaving house to my brother and I. The house is totally paid off. We lived together, and his girlfriend, now his wife, since 2010 until I got pregnant and had to move out in 2012 due to condition and environment of the home. I wanted him to buy me out but he isn't able to. I am pregnant with my second child now and would like to live there with my family and buy him out but only way is for my husband to purchase his half which my brother refuses to sell it to him. My brother says the only way to settle this is to sell the house and split the earnings. I want to not sell my half and have my husband but my brothers half but my brother is making it personal. Can I make him sell his half no matter who it is? I feel like if he can't live there then I'm not allowed.

Answer

Start a partition action. The court will order a sale at the prevailing fair market cost.

Answer

You can sue for partition. The property would be sold per the Court's Order. Either or both of you can bid on the property at that time.

In Va. how long after a non compete contract ends , can the employer bring suite ?

Question

In Va. how long after a non compete contract ends , can the employer bring suite ?

Answer

The statute of limitations for a written contract is 5 years.

Enter your question here...A guy wanted to buy land from us. We came to an agreement then wrote the agreement out. It was an agreement that ...

Question

Enter your question here...A guy wanted to buy land from us. We came to an agreement then wrote the agreement out. It was an agreement that stated he provides a place for me, my husband and kids to live on property for 3 years and we would work for him. He took it. He said he woul draw a contract stating the agreement we all came to. But we all signed the paper this agreement was written on. Then he said he would present that after after selling contract was signed on October 24, 2014. Now he refuses to present us with the contract and denies having made that deal or knowing anything about it. He is now backing out of it and refuses to hold his end of the deal. What options does my family and i have? What are our chances?

Answer

A contract that involves an interest in land must be in writing; this rule is called the "statute of frauds."

Even if you had six witnesses who were willing to testify to the ORAL contract you made, it wouldn't do any good.

What does conspiracy charges in the state of texas,exactly consist of for one to be charged.

Question

What does conspiracy charges in the state of texas,exactly consist of for one to be charged.

Answer

Typically a conspiracy case will be a federal drug case. If it's not a Federal case, the only analogous laws in Texas State Court is Engaging in Organized Crime or Law of Parties. I would need more info to really answer your question. It helps if you can get the indictment, complaint or information.

Michael Lowe

how long does workers comp have to release reg weekly pay? ive been hurt for almost 3 months and haven't got a dime. I have 2 small children...

Question

how long does workers comp have to release reg weekly pay? ive been hurt for almost 3 months and haven't got a dime. I have 2 small children and no money . I was told I will get back pay but they seem to be just messing with me. i really need help. Also. my doctor has me on such light duty i can not perform my job. i turned in doctor note to employer and keep them up to date. for some reason they sent me a letter saying that i am resigning from my job. this is so not true. i have talked to them once a week in the office and i was told to call when i can return to work. this is not leagal on there part i know.

please help me i don't know what to do.

Answer

You do NOT get any 'back pay' when ordered off work by a physician in Workers Compensation.

you DO get Temporary Disability payments -- only 2/3 of your average weekly earnings -- but ONLY when there is a clear Off Work Order by a physician listed on the comp insurer's Medical Provider Network.

YOU GET NOTHING when you are released to Light Duty. When the physician writes you can work, you MUST report for work, attempt the work that is impossible, report to your supervisor that this work proved to be impossible, demand to be returned to the physician who wrote you could do this.

When you refused to report in for Light Duty, you abandoned your job, which is just like resigning.

So, your decision not to attempt to try the Light Duty and stay home resulted in you being terminated, and you are not entitled to Temporary Disability indemnity because no official physician has written you are Temporarily Totally Disabled and Off Work.

The real solution is to do hours and hours of research on the physicians within the Medical Provider Network for that comp insurance company; you got a letter at the beginning of the claim explaining the MPN, so you have to go to that website and look up physicians only on that list and see who is 'in bed' with the insurer, and who has a real practice with real positive reviews by real patients.

THEN when you find one of the 2% of the real doctors on the MPN you have to elect that doctor IN WRITING and give the insurance adjuster a deadline in which to authorize your new MPN treating doctor -- all in writing, never by telephone.

THEN you have to wait a month for an appointment with your new doctor.

IF you cannot do all of this alone, you need a LOCAL attorney familiar with the MPN Network for your insurer who get rush you into a real doctor on the network and get you your Off Work Order ASAP.

I have a set of images that I have permission to use to create my own UNIQUE images. If all I did was change the colors of those images, wou...

Question

I have a set of images that I have permission to use to create my own UNIQUE images. If all I did was change the colors of those images, would I be at risk of a lawsuit?

Answer

Without seeing the images and your permission to create knockoff images, which I hope is in writing, I'd say your chance of being sued is somewhere between 5% and 40%, with a lot of the variability depending upon what you DO with the images you create and therefore the amount of harm the copyright holder can claim. In addition, the chance of being sued successfully is somewhat lower than the chance of being sued, because you might defend the suit and win -- but all intellectual-property litigation involves big up-front costs. Why don't you just ask the other party?

Answer

The answer depends on the nature of permission. By changing substantive elements of the creative work you are then making a derivative work. This is an infringement absent permission. You say you have permission to use the work. You should just make certain that the copyright owners take no issue with you making these kind of changes to their original works.

I ma not sure what my colleague was discussing above, but the odds of being sued in this context is slim to none especially where you already have confirmed permission to use the underlying material.

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.

Im in the middle of a lawsuit with 3 different car ensurance and one of them already settle but the other two are going to trial. Can i get ...

Question

Im in the middle of a lawsuit with 3 different car ensurance and one of them already settle but the other two are going to trial. Can i get get the money of the ensurance that already settle?

Answer

Your attorney probably settled with a minor defendant. He most probably requires the settlement money from one defendant to bankroll your case against the other two. Even though risky, it is sometimes a good strategy to bring the other defendants to their senses. Have patience.

service done on automobile. invoice paid upon getting car back. company then tries to seek further payment that was missing from invoice ori...

Question

service done on automobile. invoice paid upon getting car back. company then tries to seek further payment that was missing from invoice originally

Answer

In Ohio if the car is used for personal purposes ( in other words it's not a work truck or a taxi cab) then this would be a violation of Ohio's Consumer Sales Practices Act.

I need clarification on section 3 letter H of the judge tim brown standard visitation. my ex wife has primary custody of our two children. o...

Question

I need clarification on section 3 letter H of the judge tim brown standard visitation. my ex wife has primary custody of our two children. our son has medication that he is prescribed to take daily. my ex wife refuses to exchange medications with me when I pick up the kids and tells me I have to purchase my own medication for him. the pharmacy that has his prescriptions will fill the meds for me but tell me that insurance will not pay for them again. is she correct that I need to get my own meds or am I reading the order correctly and she is supposed to send his meds with him.

Answer

We will be glad to schedule a time to meet with you to review your Order and discuss these issues in detail. As you have discovered, these are complex issues, and it is important that they be handled correctly. For that reason, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit our website (www.SCFamilyLaw.com) or contact our office at (864) 598-9172. I wish you the best of luck.

Ben Stevens

I have given the renter a 60 day notice to terminate the rent agreement, he owes $1200.00 in back rent with another $800.00 due on the 15th ...

Question

I have given the renter a 60 day notice to terminate the rent agreement, he owes $1200.00 in back rent with another $800.00 due on the 15th of Sept. 2014,

If he pays anything on the rent prior to the 60 day notice would this void the 60 day notice?

Answer

Probably not. A 60-day notice is usually given without cause, so there is no ability to cure. Of course, if you put something in your notice that made it look like payment of rent would allow the lease to continue, then you might have a hard time evicting your tenant if he does pay.

Also, you do not need to give him a 60-day notice if he hasn't paid rent. You can give him a 72-hour notice instead. Talk with an attorney or at the very least get an Oregon 72-hour notice form from Stevens-Ness.

http://www.stevensness.com/store/detail.cfm?fID=505

I found out today that the police is looking for me but I dont know why how can I find out what they want

Question

I found out today that the police is looking for me but I dont know why how can I find out what they want

Answer

"The police IS looking for you" ? "The police" is plural. "A policeman" would be singular. Perhaps you meant to say "The police ARE looking for me."

How can I know for sure that I am under a 10 year ban from the U.S.? I applied for OPT, received a EAD card but could not find a job and en...

Question

How can I know for sure that I am under a 10 year ban from the U.S.? I applied for OPT, received a EAD card but could not find a job and ended up volunteering for many places (food banks, animal shelter, etc.) that are not directly related to my major (Biochemistry). The EAD card expired on 08/07 last year. I am applying to pharmacy school and will have saved up 450 hours of volunteering that I believe will tremendously help me be admitted by the time I plan to leave the US on 04/29 this year. I know you wouldnt believe me but I just found out about the 10 year bar this morning accidentally. I am so heartbroken and devastated right now. I should have known better, but what are my options? Thanks in advance!

Answer

The bar to re-entry applies 180 days after a person's legal status in the U.S. expires. It is triggered once the person leaves the U.S.

If a person overstays for 180-364 days, they are barred from re-entry for 3 years. If they overstay 365 days or more, they are barred for 10 years.

I hope that information helps.

My uncle lives in Costa Rica and he wants to put me on his will. I live in California. He asked me to email him a photocopy of my passport s...

Question

My uncle lives in Costa Rica and he wants to put me on his will. I live in California. He asked me to email him a photocopy of my passport so he could give to his attorney who will write up the will. I am concerned about giving away a copy of my passport and I need to know legally why he needs it and how he is going to use it. Why is it required to put my name on a will? Is it safe to email a photocopy of my passport?

Answer

No is the answer to all of your questions. don't do it. Uncle doesn't need any document to put your name in the will; he knows your name and where you live; that is enough. Do not give him any other information. No exceptions.

If joint conservators have an agreement in place and the non primary parent moves 6hrs away how do we file a new agreement that we've arrang...

Question

If joint conservators have an agreement in place and the non primary parent moves 6hrs away how do we file a new agreement that we've arranged on our own?

I know most of it doesn't need to be acknowledged by the courts but the non primary is voluntarily willing to pay $200 each month in child support which is double the $100 a month the Tx OAG has ordered. I just that part to be acknowledged by the attorney general so what do I do? Type up the papers and both sign them then Send it in or should it be notarized? Trying to avoid the expenses of going back to court bc we are both happy with our aggreement

Answer

The TX A G is a party to your case. I doubt that they will sign anything that you type up.

If you are in agreement, then keep doing what you are doing.

Or, attend mediation and try to enter into an agreement. If an agreement is signed then you can take it to an attorney to write up an Order for the Judge to sign.

If you don't understand what I've written above then meeting in person with a family law attorney might be helpful.

www.familylaw4u.com

713-847-6000

My ex and I have been divorced for almost a year. He has made several promises to pick up his belongings, that were given to him in the divo...

Question

My ex and I have been divorced for almost a year. He has made several promises to pick up his belongings, that were given to him in the divorce decree, by a certain day and time, and failed to do so. I am tired of the back and forth and storing it. When can I wash my hands of it?

Answer

Give him written notice and a reasonable date for him to make arrangements. Write what you will do with the property if he does not get it.

Can I just return a vehicle to the dealership if they called 10 days after the purchase and told me they messed up on the year of the vehicl...

Question

Can I just return a vehicle to the dealership if they called 10 days after the purchase and told me they messed up on the year of the vehicle on the financing contract and now the bank wants a much higher percent rate than before?

Answer

I'd try it if I didn't want the car.

My friend and her children were at my house when a social worker, and 3 police officers entered my home and took custody of her 4 children. ...

Question

My friend and her children were at my house when a social worker, and 3 police officers entered my home and took custody of her 4 children. I found it odd that they gave no reason, they searched my home without permission, and none of them had a piece of paper with them. She still doesn't know the specific reasons for the displacement, she has asked, and was told it was an emergency displacement because of Meth amphetemine. Now they found nothing of the sort at my house or hers from what I understand, but were able to take the kids anyway. Where does she go for help? The government has also frozen her account, so she has no access to money for a lawyer. How does she find someone to help her wade through the web?

Answer

I suggest the person contact the Legal Aid Society as a starting point in seeking help. If the friend has some financial resources, know that some attorneys will provide reduced fee for financial hardship. Tricia Dwyer Esq., Tricia Dwyer Esq. & Assoc, PLLC, phone 612-296-9666, Minnesota Child Welfare Attorney, Minnesota Family Law Attorney, Minnesota Mothers' Rights Attorney, Minnesota Family Law Mediator, www.dwyerlawfirm.net

Answer

She would be wise to retain counsel. Child Protection proceedings are complex and require experienced counsel. It is likely that an Emergency Placement Hearing will be scheduled for later this week. She should be represented at that hearing.

For a consultation call 612-240-8005.

I've plead the fifth as a witness to an assault. Police have arrested my husband and are holding him for questioning. Since I have plead the...

Question

I've plead the fifth as a witness to an assault. Police have arrested my husband and are holding him for questioning. Since I have plead the fifth officials are upset and have threatened to issue a warrant for my arrest. Are they allowed to issue a warrant because I do not want to talk or be a witness?

Answer

Stick to your guns. YOU HAVE AN ABSOLUTE RIGHT NOT TO TESTIFY. DO NOT LET THEM BULLY YOU. Do not let them intimidate you. They can take you into custody and try all of their triained techniques on you, but you do not have to say a word. Be strong! Refuse to say anything! Tell them that I advised you and give them my name! I dare any one of them to even call me!

is there a consumer based website that rates the professionalism ethics honesty etc. of lawyers. i live in the state of iowa. please don'...

Question

is there a consumer based website that rates the professionalism; ethics; honesty; etc. of lawyers. i live in the state of iowa. please don't refer me to the bar association; ethics board with the state supreme court; martindale-hubbell. they are not reliable. thanks, j

Answer

Not that I'm familiar with. Such a site, if one exists, would be highly suspect. Many of the lawyers with testimonials on their firm's website regularly write the testimonial and then ask the client to sign what the lawyer has written. So what's on the websites is hardly genuine. On the other hand clients hardly ever know why the case goes the way it does and without a clear understanding simply blame the lawyer for the case turning against them. If you want to know which lawyers are good and which you should stay away from simply ask a lawyer who practices in the same area of the law. Ask one who is frank and who tells clients what they need to hear not necessarily what they want to hear. Enough said and good luck.

I have been terminated as a result of a RIF. The company(govt.contractor) declined to provide the criteria for selection of impacted employe...

Question

I have been terminated as a result of a RIF. The company(govt.contractor) declined to provide the criteria for selection of impacted employees. My performance stats are average to above average, with no security violations, disciplinary action or remedial training as other employees. My team rank is right in the middle. Performance doesn't seem to have been the issue. Over the past few months (due to govt budgetary issues and lack of work) we have been forced to take Directed Paid Time Off using vacation time or taking days off as unpaid leave. We were told we could go 40 hours "in the red" if we ran out of vacation. I was two hours in the red. Earned PTO would eliminate this in one week, and in three weeks I earn two weeks of vacation time so unlike some employees who are 40+ hours in the red, this doesn't seem to be the issue. The only thing I can think of is that I signed up for many of the benefits offered in the benefit package and have done so over the years since my husband had a brain aneurysm. Perhaps I cost too much? If these dark thoughts are actually accurate, is it discriminatory or illegal to offer benefits and then base RIF criteria on employees who sign up for them?

Answer

If you were an "at-will" employee then you have not stated grounds to complain about your employer's actions. To maintain a claim for discrimination, you must prove that you were let go because of your age, your gender, or some other protected classification.

If you were not an at-will employee (perhaps you had rights due to your seniority by way of your union's collective bargaining agreement, for example), then you must consult the terms of the contract to determine your rights. Good cause, however, might well include economic conditions within your company.

If you feel your rights might have been violated, I suggest you contact an employee-side labor lawyer to discuss your situation.

i pulled into a convenience store and parked my car 2 minutes later an officer pulls in and pulls to a stop sign like he is leaving the stor...

Question

i pulled into a convenience store and parked my car 2 minutes later an officer pulls in and pulls to a stop sign like he is leaving the store but sits there for 3 min i get out of my car as he pulls off so i thought... im in the store for about 15 min i come out get in my car and begin to pull out about 5 min later.. i stop at the stop sign and theres the cop sitting there waiting for me i pull out and sit at a light for about 3-5 min the light turns green i go. then the cops lights come on i pull over officer says do you know why im pulling you over i say no idea. he say your registration is coming up suspended. so he runs my info and returns to tell my that its suspended for cancelling my insurance. i didnt cancel my insurance nor did i recieve any cancellation of insurance notice nor did i recieve any mail stating my registration was suspended. so with that said my car was towed and i was issued 2 tickets for uninsured vehicle and driving with suspended registration. is this illegal for the cop to sit there and entrap me or is this just another way for the government to steal my money?

Answer

Is it not illegal for the cop to run your information. No insurance and suspended registration are both very serious offenses. The fines can high, you face a lengthy suspension of your license, there is community service and other possible penalties. I would be happy to talk to you about it. I have been representing people for traffic offenses in New Jersey for over twenty years. My consultation is free so please feel free to call 201 342 5030 or 973 723 8995 as it may prove beneficial to hire an experienced attorney.