Yes, I have a commercial cleaning service and every customer has a one year contract. In the contract in terms of agreement it states that t...

Question

Yes, I have a commercial cleaning service and every customer has a one year contract. In the contract in terms of agreement it states that the contract will automatically be extended and renewed on each anniversary date on the same terms and conditions, unless one parties shall give written notice of termination at least (30) days prior to such anniversary date. I have a customer since 2012 that canceled on me 5 months early , and he said that this evergreen provision are non binding and uneforceable in California, is this true and what are my obtions.

Answer

There is no law in California that makes automatic renewal clauses illegal in commercial contractors. If the renewal clause is clearly written and the contract is not for an illegal matter, the clause should be enforceable. You should be able to take your customer court and seek damages for breach of contractor.

Now the decision of whether or not to sue and calculating the damages a different story. Let's say your contract is for $600 per month and it was cancelled 5 months early. You don't necessarily get the full $3000. Instead, you will likely get the lost profit on that contract. You won't incur the expenses of performing the contract like paying employees and supplies.

If you cannot negotiate a settlement, you can always file a lawsuit. Many attorneys will provide a free consultation on new matters.

How long do we have to file a legal malpractice lawsuit in Illinois?

Question

How long do we have to file a legal malpractice lawsuit in Illinois?

Answer

You have 2 years from the time the malpractice occurred in which to file, or the action will be barred by the statute of limitations.

Peter Soble

I am from michigan. having a problem with a contractor who did work at my home. i owe a balance and am more than happy to pay it with some a...

Question

I am from michigan. having a problem with a contractor who did work at my home. i owe a balance and am more than happy to pay it with some adjustments. they did not apply for a permit (which was asked prior to work starting), etc. they have on several occasions discussed the amount i owe, with my fiance' family. the work they did for me was in my name, the house is in my name and the insurance is in my name. do they have any legal right to discuss what is owed to them with anyone else other than myself? do i have any right to threaten legal action against them for giving out personal information?

Answer

No. They can discuss anything they wish with anyone. There is no statute or special relationship that would govern this. Try to work things out and be done with it.

Custody question: 2 women have custody of a child. One is the real birth mother, the other is an adopted mother due to financial situation e...

Question

Custody question: 2 women have custody of a child. One is the real birth mother, the other is an adopted mother due to financial situation early in the child's life. Now the birth mother wants full custody. what are her options?

Answer

The birth mother needs to talk to a family law attorney in the county where the case has been handled. This court has continuing jurisdiction.

The burden would be on her to show why custody should be changed & the child's life disrupted from what she is used to doing. The judge will look at the "best interests of the child" test. This term is not defined anywhere in the TX Family Code - it's totally up to the judge.

If the child is over the age of 12, it can be requested that the judge talk to the child about her/his preferences. This conversation is NOT binding on the judge.

Some courts will appoint an attorney to represent the child's interests (called an amicus) the parties will share this cost. They tend to be expensive - usually several thousand dollars.

The adopted mother is legally a mother. Being the bio mother won't be any benefit. The judge will look at doing what is right for the child - not the adults. Judges expect adults to co-parent together and work together for the best interests of the child.

If bio mom gets a custody, the other parent can ask for an Expanded Standard Possession Order, that means the other parent will have the child approximately 47% of the time. So both parents will be forced to deal with each other on a regular basis.

Bio mom might consider requesting an Expanded Standard Possession Order.

Bio mom might also consider mediation & try to work this out without going before a judge.

I hope this info helps.

www.familylaw4u.com

713-847--6000

I live in Missouri and I received court papers for a car that was repossessed almost 5 years ago. I was a single mom then, but now I am marr...

Question

I live in Missouri and I received court papers for a car that was repossessed almost 5 years ago. I was a single mom then, but now I am married. I recently lost my job and I am not working. Can they take my husbands wages., or property. I own nothing and have nothing in my name. My husband does own stuff but has loans on all of it. My question is can they go after my husband even though I did not know him then and what can they do to me because I have nothing. They want $330 a month and I can not do that. My husband wants a divorce if they can come after him because he says that's not his debt. I don't know what to do

Answer

You should hire an attorney, even if you must borrow the money to do so! I have helped literally thousands of people over the last 36 years. Call me for a free telephone consultation at 314-727-2822.

I am married and I need to leave the state with my children. My spouse is a drug addict and will not have a home after I leave. Can I legall...

Question

I am married and I need to leave the state with my children. My spouse is a drug addict and will not have a home after I leave. Can I legally leave the state?

Answer

Yes, unless there is a custody order saying you cannot.

My 5 year old daughter has ADHD. And the other day her school called the police on me and my wife saying she was abused. My daughter is know...

Question

My 5 year old daughter has ADHD. And the other day her school called the police on me and my wife saying she was abused. My daughter is know very well at her school to climb jump off anything and is constantly hurting herself. And they know this. Anyway the police made me and my wife leave work and bring our other children to a packed emergency room. So that a doctor could thoroughly screen them. The school also has lost my daughters meds and state they gave it to the police and the police state they never took it. The whole thing was unfounded. And the doctor saw no reason for us to be there. So we were embarrassed and now have took our daughter out of the daycare. I was wondering if we had and ground to sue the daycare. For misproper care of the medicine, and the report should have never been made.

Answer

Based upon the facts you described, you may have a case regarding the medicine, but probably not the call to report suspicion of abuse. They are required to report their suspicion, and are not liable for the actions of the police.

Good luck

Okay so I had not been served for the paternity hearing which my ex was granted paternity. The Dept. of Child Support Services, claimed they...

Question

Okay so I had not been served for the paternity hearing which my ex was granted paternity. The Dept. of Child Support Services, claimed they served me at a location I never resided. I can show my credit reports as proof and get a letter from the property manager stating I have never rented from them. Nor is the address on any drivers license or identification card I have ever obtained. Thus, I never resided their.

However, the case has went forward, due to no one caring what I had to say about the void orders. Now its been 5.5 years, and its really not fair, then I just found out I never even got an answer on that portion of the argument at that time, and that I should have argued that issue with fierce determination. Unfortunately, like so many other problems the court overlooked it, never supplied any response, and now I found a case that says an over (10) Year old case was reversed for lack of subject matter jurisdiction, where the father was never served the paternity papers like me, and the appellate court agreed he should have been served. They reversed it! It is in County of San Diego v. Gorham, (2010) 186 Cal App.4th1215. Mr. Goram appealed an order denying his motion to set aside a default judgement obtained against him in July 1998, He contended that the judgement was void because of the fraudulent representation of the process server that he was served with the summons and complaint. The court denied his motion on the grounds it was untimely under various statutory provisions of the California Civil Code and Family Code. etc...Anyways he eventually got his judgement vacated and proved his point. But in my case, the case went forwards. Initially, I filed for a set aside 18 months following. It was granted by default, a paternity test was ordered. Then roughly 12 to 15 days following, I got a letter from the court in the mail saying that the DNA test order was suddenly rescinded by the court then it was denied at the rehearing. IDK why! But at that time I had no idea that was the wrong point to argue. Thus the case went forwards and I have lost ever since. Does anyone know what I can do now? It is like 5 years past, but in Goram he got his reversed after 10.5 years, but he never appeared to any hearings except his set aside which he appealed. Please advise, I need a lead......

Answer

If you appear at a hearing, not as a special appearance, as a general appearance and argue your case you lose your ability to then claim improper service. From what you have stated you have continued to go to court after. You also did not file an appeal at the proper time to do so (or motion for reconsideration). Unfortunately in your case their is very little you can do. I know this is not the answer you are looking. I will say there is a real benefit to hiring a attorney at the start of the proceedings rather then at the end.

My ex and I are divorced, we bought a home in march of 08 , she cheated and left the home in oct of 08 , I have been living in the house eve...

Question

My ex and I are divorced, we bought a home in march of 08 , she cheated and left the home in oct of 08 , I have been living in the house ever since , she is on the deed n mortgage , we were still married when she cheated n left, we got divorced in may 2012 , it was a quick uncontested divorce , no property was included, it would've cost more money but I didn't have it, so fast forward to labor day weekend last yr , she just decided to move back in , she has been here 8 months has only given me $100 during those 8 months , no money for mortgage, utilities , her 2 pitbulls have destroyed my basement , she leaves messes everywhere... what can I do??? Im in hell ... please help

Answer

If you are divorced, how can she move back in? This implies voluntary consent on your part.

Since you are now divorced, but still own the property together as tenants in common, then the one who wants the property needs to buy out the share of the other and refinance the mortgage in just the name of the owner of the property. If neither of you is willing to buy out the other then either of you can bring a partition action.

This should have been handled in your divorce.

What is the page limit for a motion for reconsideration in a superior court?

Question

What is the page limit for a motion for reconsideration in a superior court?

Answer

Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages. The page limit does not include exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. (Cal. Rules of Court, rule 3.1113.)

A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. A memorandum that exceeds 15 pages must also include an opening summary of argument.

Answer

Mr. Roach is right as to what the code says about page limits, but unless you either have new evidence that will change the outcome AND that you can prove it was IMPOSSIBLE to put before the court in the original proceeding, OR the law has changed and expressly was made retroactive, the answer is ZERO. It is impermissible to file a motion for reconsideration unless you can demonstrate one of those things. If you just think the court was wrong, your remedy is appeal if it is a judgment or an appealable order, or petitioning the court of appeals for a writ of mandate if it is not an appealable outcome.

Went to court on Feb 7 for non payment of Jan rent. judgment execution were issue. Since then I paid Jan, Feb and March rents. It is now A...

Question

Went to court on Feb 7 for non payment of Jan rent. judgment & execution were issue. Since then I paid Jan, Feb and March rents. It is now April and am late. Landlord left notice to evict in 7 days. Can I be evicted after payments were received?

Answer

Yes, assuming that judgment was entered against you back on Feb. 7, the landlord can now very likely have you evicted without further legal process other than leaving you with the seven day notice that you've described (my opinion).

I am currently on post-completion F-1 OPT and I am volunteering with my department at my university (unpaid), am I allowed to travel oversea...

Question

I am currently on post-completion F-1 OPT and I am volunteering with my department at my university (unpaid), am I allowed to travel overseas without any problems with an official letter from my advisor (my employer), knowing that I have a valid F-1 Visa Stamp on my passport till the end of 2014?

Answer

As long as the F-1 visa in your passport, issued by the U.S. Consulate, is still valid & will still be valid beyond your intended return date to the U.S., then you should be re-admitted without incident. If not, you might need to obtain a new visa at the U.S. Consulate while abroad. CBP will not admit you without a valid visa, which is entirely different than an admission stamp in one's passport.

I work at a small restaurant. I recently had a consensual relationship with the owner. It ended and since then I have been called off work i...

Question

I work at a small restaurant. I recently had a consensual relationship with the owner. It ended and since then I have been called off work in 5 of my last 7 scheduled shifts. I have not asked why but I am begging to feel that it is personal rather than business. I should say that the other owner is his girlfriend. A few days before the relationship ended she showed up at my father's home at midnight looking for me. My question is what should I do or should I say something? This is now effecting my livelihood. I also feel under extreme stress.

Answer

Sounds like a possible case of quid pro quo sexual harassment. Contact an attorney in person.

In the State of Florida Is it legal for a mother or future mother to sign a legal document to give the father total legal guardian and custo...

Question

In the State of Florida Is it legal for a mother or future mother to sign a legal document to give the father total legal guardian and custody. if so, where do I get such a legal document.

Answer

you need to have ann attorney prepare all the necessary paperwork. There is no one form per se. Contact my office for free consultation 727-446-7659

if I receive a third DWLSR while my license is revoked, what kind of time am I looking at? is it true I cant go to prison on driving charges?

Question

if I receive a third DWLSR while my license is revoked, what kind of time am I looking at? is it true I cant go to prison on driving charges?

Answer

You are potentially facing prison because Driving While License Suspended as a Habitual Traffic Offender is a 3rd degree felony punishable by up to 5 years in prison. Of course, it also depends on what your history is like and what your scoresheet reflects. Take this seriously and hire an attorney.

Answer

There are plenty of people who have gone to prison for driving on a suspended license. You actual sentence will vary quite a bit from place to place and based on your own history. Most people don't go to prison for a third but there is a very good chance of a jail sentence.

i lost money from my bank account due to the bank fault, please advise what should i do?

Question

i lost money from my bank account due to the bank fault, please advise what should i do?

Answer

What did the bank do? I need more information. You can contact me directly at: [email protected]/* */

Is there a time limit to set aside a mediation agreement because of fraud and misrepresentation on my husband's financial affidavit?

Question

Is there a time limit to set aside a mediation agreement because of fraud and misrepresentation on my husband's financial affidavit?

Answer

If you know of the fraud you need to promptly proceed with a Motion To Set-A-Side Meditation Agreement. This would be governed by the doctrine of "Laches", which basically means if you sit on your rights, you risk losing them.

Can you prove the fraud?

You should retain an experienced family law attorney.

Elliot Jay Goldstein

Tampa Location:

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St., Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Pinellas Location:

Law Offices of Elliot Jay Goldstein, P.A.

110 Athens St., Ste. D

Tarpon Springs, FL 34689

Tele. No.: 727/455-6596

I was arrested and criminally charged. That was resolved in my favor and expunged. I applied for the police department and they told me they...

Question

I was arrested and criminally charged. That was resolved in my favor and expunged. I applied for the police department and they told me they can see my arrests, even if they were expunged. How is this possible and where can I go to have that particular record expunged or removed from their database?

Answer

My understanding is that while the contents of the files are expunged and removed from public inspection, they disposition remains available to the government for national security and to the state for public safety purposes.

if my stepfather goes in a nursing home in florida does my mother lose her pension from a previous marriage for his medical care

Question

if my stepfather goes in a nursing home in florida does my mother lose her pension from a previous marriage for his medical care

Answer

When one spouse resides in a nursing home in Florida and the other spouse continues to reside in the marital home, someone must pay the nursing home for the care of the spouse who is residing in the home. There are effectively three ways to pay for nursing home care: (1) from the married couple's assets, (2) from long term care insurance, and (3) by qualifying for Medicaid.

To qualify for Medicaid benefits a person must meet three criteria. The first is the need for skilled nursing care, over age 65, and be resident of the State of Florida. The second is an income test, and the third is an asset test. The spouse remaining in the home is limited in the amount of assets she can retain and still allow her spouse to qualify for Medicaid benefits (currently about $115,000 of countable assets).

There is no limit to the amount of income the spouse living in the home can have without regard to the income of the spouse living in the nursing home. All of the income received by the spouse in the nursing home must be paid to the nursing home with one exception. If the spouse living in the marital home has living expenses that exceed her income, some of the income from the spouse living in the nursing home can be diverted to the spouse living in the marital home.

Medicaid planning, and the Medicaid rules are quite complex. Your mother should consult with an experienced elder law attorney to determine her rights, including perhaps the diversion of some of her husband's income to her for her financial support.

Can a business garnish your wages without any acknowledgment to you

Question

Can a business garnish your wages without any acknowledgment to you

Answer

Your wages cannot be garnished legally without you having received notice and an opportunity to claim exemptions or otherwise challenge the garnishment. If your think your wages are being illegally garnished, you should consult with an experienced business attorney to get the assistance you will need in order to put a stop to it.

Hi sir. im a f1 student from india. I was arrested because of traffic violation that is I drove a car with instruction permit. now I got dri...

Question

Hi sir. im a f1 student from india. I was arrested because of traffic violation that is I drove a car with instruction permit. now I got driver license. my court date is on 13th may 2014. I'm planning to go india on 14th may because of my sister marriage. When I'm coming back to USA will immigration officers deport me?

Answer

This is a complicated question requiring a complicated answer. Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

Our son passed away Dec. 8, 2013.He had a life insurance policy through his place of employment.I filed all the paper work and the claim was...

Question

Our son passed away Dec. 8, 2013.

He had a life insurance policy through his place of employment.

I filed all the paper work and the claim was paid in full Feb 2014.

Mar 2014 my wife received a letter from the insurance co. requesting more information on the claim.

We decided the claim was paid and did not respond.

She just received another saying she has 30 days to reply or the claim will be filed with the information supplied.

Do I need to reply to this letter?

Answer

You don't say what information they are requesting and whether it already was provided. In short, though, based on the information you provide, the answer is "no." The insurance company said that if you do not respond, the claim will be filed (whatever that means; probably they mean "processed") with the information supplied. But why not call them up and ask why they are requesting more information when the claim already was paid? It may just be an administrative mixup.

Two taxi drivers lease taxi from an owner (day shift/night shift). Taxi is involved in accident that is totally fault of other insured vehic...

Question

Two taxi drivers lease taxi from an owner (day shift/night shift). Taxi is involved in accident that is totally fault of other insured vehicle. Taxi is rendered inoperable. No injuries to taxi driver or his passengers. Owner of vehicle will seek compensation for his lost lease income. Question: Are the drivers (leaseholders) who lease the taxi also entitled to compensation for their lost income due to the cab being inoperable?

Answer

Yes. Proof of the amount will be an issue though.

Answer

It sounds like you are in a business partnership with this cab, so the lost income (profits would be a joint loss shared by the taxicab's joint leaseholders/partners based upon proof of of prior income generated and thereafter lost (due to the accident caused by the negligent driver. I hope this helps. Bob Worth

Estate set in will Be rented out with out permission of beneficiaries approval

Question

Estate set in will

Be rented out with out permission of beneficiaries approval

Answer

What does the will say? And why is this necessary? If you are the executor, I suggest that before you go renting out the estate that you speak to a probate lawyer who practices in the county where the estate is pending. The attorney needs to review the will and advise you.

Unless the will gives sole discretion to the executor, he/she may not be able to do this.

I'm a 24 yo male in mass, can I marry my 17 yo gf from nh in mass?

Question

I'm a 24 yo male in mass, can I marry my 17 yo gf from nh in mass?

Answer

Not without the permission of the parents or legal guardian.

i have a lease purchase option agreement and have given my landlord over 11 thousand dollars four thousand in rent and seven thousand for a ...

Question

i have a lease purchase option agreement and have given my landlord over 11 thousand dollars four thousand in rent and seven thousand for a down payment now she says that my down payment was late and that it is too late to exercise my lease purchase option and wants to keep the seven thousand raise the price of the property and make me sign a new lease she has already taken my money and i tried to exercise my option by calling her months ago and sending her two letters i have had no response until yesterday i also tried getting in touch with the real estate agent that handled this but he was on vacation till now i want them to keep the terms of our agreement as of now we should be exchanging the title and i should only owe 28 thousand dollars but they want to make it 38 thousand

Answer

You need to have your lease option purchase agreement reviewed by an attorney as soon as possible. You are not clear on details, such as whether time was of the essence, or whether you were even late with the down payment as required.

If the court order says the parent may be present for doctors appointments, does that include home visits by disability specialists.

I live in Missouri and I admit that I am late with my current months rent. However, there are some repairs that have not been made on my tow...

Question

I live in Missouri and I admit that I am late with my current months rent. However, there are some repairs that have not been made on my townhome since I moved in - 8 months ago. The office staff keeps saying that it is an insurance issue. They have sent adjusters, etc. to take pictures and access what needs to be done. Still nothing has been done. Is there anything I can do about this?

Answer

Get estimates on the repairs. Then sense copies of them, to the landlord, with a letter stating that if the repairs aren't completed within 30 days, you will have the repairs done by them an deduct it from your rent. The landlord may then allow you to pay less rent white waiting for the repairs to be completed.. Other than that, there may be no way for the slow repairs to excuse late rent. The landscape e can probably evict you without getting the repairs finished.

Good luck

5 brothers and sisters were given grandma's house and property. My question is can my oldest brother take sole ownership of the house withou...

Question

5 brothers and sisters were given grandma's house and property. My question is can my oldest brother take sole ownership of the house without the rest of us knowing?

Answer

More information is required. How was this transferred? By deed. By inheritance? Those transfer documents will be critical.

If the parties are co owners, each has a right to possession. If there are disputes, a partition action can force sale and division of the proceeds. I'm not sure what you mean by saying one brother has taken sole ownership? Did he move in? Is he trying to sell it?

I'm afraid more specifics are required for you to have a meaningful answer. You should engage counsel to assist you in determining the parties rights and obligations.

On August 5th, 2013 Petitioner my ex wife filed an Ex Parte Temporary Restraining order Against Respondent me alleging Domestic Violence bas...

the sprinkler system went off in my apartment,i did have damages, this happened last november,2012, do i still havevtime to file a suit?

Question

the sprinkler system went off in my apartment,i did have damages, this happened last november,2012, do i still havevtime to file a suit?

Answer

Yes. Check to see if you qualify for small claims court. You can see the statutory limits on claims on the website of your local court.

I was granted physical and legal custody of my daughter in my divorce. Now my mother is pressuring me to grant her gaurdianship. Should i do...

Question

I was granted physical and legal custody of my daughter in my divorce. Now my mother is pressuring me to grant her gaurdianship. Should i do it?

Answer

Not enough facts! I advise you to consult with an attorney. Knowing your legal rights would be well worth the cost in such an important matter. If you are in my area you may contact me directly.

Answer

I need more facts to give informed advice. for example, are you able to take care of your daughter?

If your a gang member but not falidated and three rival gangmebers try and jump you and I have a self defense weapon such as a knife and I k...

what will the penalties likely be for driving 125 in a 55, after recieving a 55 in a 45 approximately 2 months earlier? these are the only o...

Question

what will the penalties likely be for driving 125 in a 55, after recieving a 55 in a 45 approximately 2 months earlier? these are the only offences in the past 7 years

Answer

You will lose your license to drive and rightfully so. Depending on the judge you may do some jail time and/or pay a huge fine - again, also rightfully so. If you want even the slightest possibility of avoiding those outcomes you need to hire an experienced traffic law attorney ASAP. One last thing - don't ever do that again! Speeds that high endanger other peoples lives and /or property.

Me and my boyfriend live together in his fathers home. He moved out about a year and a half ago and we pay for everything but he is still te...

Question

Me and my boyfriend live together in his fathers home. He moved out about a year and a half ago and we pay for everything but he is still technically the owner. My boyfriends mother has been living with us since august 26th and now we want her to leave. She doesn't pay for anything and no agreement was ever made. She does have clothes and receives mail here. In the state of Indiana how do we legally get her to leave?! Can my boyfriend and his father provide a written 30 days notice to her and that be sufficient? We just want her to leave and don't want to deal with te courts. But I don't want to give her 30 days and then find out we went about it wrong. HOW DO WE GET THIS WOMAN OUT?

Answer

Tell the man who owns it that you do not want to live with this woman anymore and it is either you or her. Then be prepared to hear either answer and move out if you have to. His house, not yours.

my mother left a will and living trust. She showed me the will and everything. my brother was executor on it, which I felt good. this was do...

Question

my mother left a will and living trust. She showed me the will and everything. my brother was executor on it, which I felt good. this was done in Phoenix, Az. My mom encountered dementia and went to Texas to live with my brother. Eight years later she died and my brother had another will drawn up stating my mothers EVERYTHING was his. Millions of dollars and property. What do I do?

Answer

Get a lawyer who practices probate law.

I was laid off with several coworkers. I was told that it was my final day with the company and that I would be paid through Oct 2 (two week...

Question

I was laid off with several coworkers. I was told that it was my final day with the company and that I would be paid through Oct 2 (two weeks). We were stripped of our badges, had to return company equipment and had to clean out our desks. We were escorted out the door. We were not given our final paychecks. When I contacted HR, I was told my last official day with the company is not until Oct 2, that I am still an employee, I just don't have to work or come into the office. I was also told that on Oct 2 they intend to make an offer for severance. It seems a very strange arrangement to me; while on the face of it it may seem nice, it seems to me I was clearly told I was terminated and that yesterday was my last day, and by law it seems I should have received my final pay with or without severance as the company pleases.

Answer

You may be right, but what is the difference? If you get paid through October 2, that is money given to you without requiring you to work. And if you are offered a severance, that is also money that you get without having to work. The severance agreement will most likely require that you agree to certain terms, including a wavier of all rights whether known or unknown. If you believe you have any potential claims against your employer, call an employment law attorney to discuss. If you want to pursue a claim of untimely final paycheck that was "willfully" withheld, and you prevail, you can get one day's pay for each day you have to wait to receive your final check - up to 30 days. When you get your final check, count how many days after the date of lay off to see if a claim for waiting time penalties will be worth it. Call an employment law attorney to discuss. Kristine Karila, Employment Law Attorney

My father died 2 years ago I am executor of trust and selling his property but escrow found a judgement lien on property and I cannot find l...

Question

My father died 2 years ago I am executor of trust and selling his property but escrow found a judgement lien on property and I cannot find lien holder what can I do

Answer

You can try and work something out with escrow to hold funds or have the attorney for the estate handle it. If no attorney for the estate then you may want to retain an attorney to take care of this matter. If you have more detailed questions feel free to call my office 818 345-0123.

Answer

Very simple. Complaint to quiet title will solve the problem.

Answer

A judgment lien means there is a judgment, which means the court file shows who obtained the judgment. Contact the party or attorney of record on that file. You have the burden of finding them to clear the lien in order to be able to sell. If they are actually untraceable, you can either bring an expensive quiet title lawsuit, or you can get a bond to cover the amount of the lien. Hire an attorney that knows how to do these things. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answer

Usually escrow will withhold funds, and most title companies will bond around a recorded lien that cannot be satisfied. I suggest speaking with an attorney for a more in depth review of the matter. I also disagree with Mr. Sussman, because a quiet title action is not used to clear a valid judgment lien.

My wife just received an insurance check from her mothers life insurance company after she passed away. It says that the check had no benefi...

Question

My wife just received an insurance check from her mothers life insurance company after she passed away. It says that the check had no beneficiary but was addressed to my wife does this mean my wife can deposit this check??

Answer

Maybe yes. maybe no. Your post is confusing and you have left out the basic information needed to answer. Did the policy have a beneficiary? If so, who was it? What do you mean by the "check had no beneficiary" since checks have no such language? And if the policy had no beneficiary, was there a will, and has there been a probate? And what state is this in? Unfortunately with all the missing facts there is no way to answer you.

I filed a security complaint against a coworker who on several occasions threatened to go to her vehicle and retrieve her weapon. I informed...

Question

I filed a security complaint against a coworker who on several occasions threatened to go to her vehicle and retrieve her weapon. I informed my managers that I filed the complaint on July 31st during a conference call and the next day I received a call from the manager stating that the complaint I made was being taken seriously and she was advised to immediately remove me from the contract and deactivate my badge. She stated that she would be in touch in regards to the next steps. On August 12th, the manager emailed and said I was not allowed to return to Verizon and since there was nowhere to place me, I was being separated. I feel this is wrongful termination/retaliation. But I worked in VA that is an at-will employment state and I think they figured I would not have the resources to followup with legal advice.

Answer

So, were you working under the protection of a valid contract of employment

or collective bargaining agreement with Verizon or not? If the latter, I'd say

you're likely without a remedy for the situation described.

I got a letter from SCF Arizona stating the 2011 Arizona Legislature enacted law that allows injured workers such as myself to receive the v...

Question

I got a letter from SCF Arizona stating the 2011 Arizona Legislature enacted law that allows injured workers such as myself to receive the value of these supportive medical maintenance benefits in a lump sum payment. I would like to know what might be a reasonable request.

Answer

Unfortunately, there is no easy answer to your question. An analysis of how much you are costing them, and how much you would be likely to cost them in the future must be made. Then those figures must be converted into a "present value", taking into consideration the time value of money. Finally, if you are receiving, or are likely to receive Medicare or Medicaid benefits, any such settlement also must be approved by the Center for Medicare Services, an agency of the federal government. I'm sorry to say that you'll need a lawyer if you don't want to just trust the insurance company.

I was wondering how I could add my last name to my daughters current name. She was born in California and we currently live in Arizona. She'...

Question

I was wondering how I could add my last name to my daughters current name. She was born in California and we currently live in Arizona. She's 9months and only sees her bio dad a few hours each month for two days. He's only payes one months child support witch he did not want to pay. And has never payed any other support for her. We have 50/50"custody due to there's a visitation schedule. She lives with me full time. What can I do!?

Answer

I don't see how you have 50/50 custody if she lives with you full tine. You can change name but need to consult with AZ lawyer

My mother is age 93, widowed and owns her own home...She currently has a will and names each of her 5 children as beneficiaries of the home,...

Question

My mother is age 93, widowed and owns her own home...She currently has a will and names each of her 5 children as beneficiaries of the home, equal shares..I currently care for my mother in my home..She would like to give me her home to compensate me...If I add my name to her deed as joint tenants with rights of survivorship, what will happen to her will at the time of death..

Answer

You cannot simply add your name to her deed. If she has the capacity to execute the deed, she should sign it herself. If she does not have the capacity and you are her attorney-in-fact under a durable power of attorney that gives you "self-dealing" authority, you may sign the deed in that capacity. If the property is transferred to you and your mother jointly before she passes, then the language in the Will becomes moot, as the property will pass to you by operation of law and will not be part of her probate estate. If she wants to do this (and, again, if she has the capacity to make such a decision), please have her discuss it with the other children so it will not be a surprise to them.

Please be aware that if you do transfer the property to yourself and your mother under a power of attorney your siblings can contest the transfer. I strongly suggest you have your mother see an attorney - alone - to discuss her wishes and make any changes to her estate plan that she wants to make.

Answer

I'm sure it is tempting to take unilateral action that you feel is in the best interest of your mother, but you should proceed with great caution. Whatever you do next will be scrutinized by your siblings and/or their attorneys in the event of her passing, and perhaps even sooner if her finances are scrutinized for medicaid purposes. As Attorney Harvey has said, if your mother has capacity, the best thing she can do is to meet with a lawyer alone and by herself to seek legal advice and make any changes in ownership that she might want to make. Your mother should speak to an attorney and she should also revise her estate plan to make it consistent with her plan to leave you the home, and perhaps make adjustments to the share of her estate that your siblings might inherit.

Charged with DWI. Has already served 11 days as trustee. Told they messed up paperwork for court and it will be 10 more days before he sees ...

Question

Charged with DWI. Has already served 11 days as trustee. Told they messed up paperwork for court and it will be 10 more days before he sees the judge. Would it be unwise to bail at this time after he's already served so much?

Answer

Is he not guilty?! He should not be left sitting in jail if he is going to fight his case! He might get probation which will not use the jail time. (If he takes a final conviction - jail time - his license will be suspended.)

He needs a lawyer.!

Hi, I work in a company, and in my department, my team leader and supervisor posts up every employee pictures in their office on their windo...

Question

Hi, I work in a company, and in my department, my team leader and supervisor posts up every employee pictures in their office on their window facing towards them but very visible through the window . When an employee gets fired, laid off, or quits working, they simply take a marker and cross off the face of the employee. First of all, I do not have my pictures post in hallways for everyone to see. Second, instead of updating, they crossed out former employees faces. Lastly, I never gave them permission to post it up. Is this a concern that can turn into law concern?

Answer

No.

I have a deed question , 11 yrs ago my dying brother wanted to give his home to my disabled granddaugher, but her being only 10....it was ag...

Question

I have a deed question , 11 yrs ago my dying brother wanted to give his home to my disabled granddaugher, but her being only 10....it was agreed upon that my name and my sisters name would be put on it until she was of legal age. This was his only wish and he made it clear to everyone this was to happen ( even his own children understood this). Well the time has come and my sister ( she's married and so her husband must sign also )....refuses to sign off, they have never contributed a dime for anything, I tried to rent it but doesn't work out, so I have paid and expense.... I need advice !!

Answer

Didn't the deed to you and your sister say "in trust for [your granddaughter's name] until she reaches the age of majority, and at such time, legal title to vest in her" or something like that? If it didn't, you'll have to sue to impose a constructive trust and have the title confirmed in your daughter. Find a lawyer who understands what that will require in the county where the property is located.

One of the problems you will have to face and solve at the same time is providing for the expenses of maintaining the property - both repairs and replacements and paying taxes and insurance on the property without disqualifying your granddaughter from any government benefits she may need and be entitled to. You and her parents should also be consulting a lawyer who is familiar with special needs trusts to assist you in that planning.

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.

If you have a revocable trust in the state of Kansas and you die, does your trustee need an atty to distribute estate?

Question

If you have a revocable trust in the state of Kansas and you die, does your trustee need an atty to distribute estate?

Answer

Of course having legal counsel is wise. So, most trustees need an attorney to distribute properly. But, there is no requirement that an attorney execute or oversee the distribution of trust assets. But, if there are items that are not in the trust, an attorney will be needed for the probate estate.

Good luck

Are bruises considered great bodily injury in a criminal charge under CA. Penal code 245(a)(1)

Question

Are bruises considered great bodily injury in a criminal charge under CA. Penal code 245(a)(1)

Answer

Great Bodily Injury is something more than minimal injury. There is no exact test for what is and what isn't GBI. If the prosecutor alleges GBI, that makes the charge a STRIKE. As a Former Deputy District Attorney who has handled 100's of these cases over the past 26 years. You need to contact a lawyer you trust to fight for you. Many attorneys offer free consultations, including our firm......take advantage of that. I wish you well............David

Answer

Penal code section 245(a)(1) can be charged as assault with a deadly weapon other than a firearm OR assault by means of force likely to produce great bodily injury. That charge can survive, even if there is no injury inflicted.

If you're asking whether bruises can be great bodily injury to add an enhancement under 12022.7, then the answer is maybe. Significant, deep bruising can be considered great bodily injury.

I want to apply for US citizenship. I have been living with my husband for 3 years and 8 month and 3 of them have have been a permanent resi...

Question

I want to apply for US citizenship. I have been living with my husband for 3 years and 8 month and 3 of them have have been a permanent resident . I am still living with my husband but want to separate not divorce.

Can I apply for citizenship?

What kind of interview will be for citizenship?

Answer

If you are separated from your husband at the time of filing the N-400, at the time of the citizenship interview, or before you are sworn in as a United States citizen, your N-400 will be denied. At least that is the position taken by USCIS in Denver. If you separate, you will be eligible to file for US citizenship when you meet the five year requirement, and perhaps 90 days in advance, as long as you meet all the other requirements at that time.

Best of luck.

Answer

I practice law in California & here, at the Los Angeles district office, separation or divorce from the original U.S. citizen petitioner is NOT grounds for an automatic denial. As long as you can show it was a bona fide marriage when entered into, the naturalization application can still be approved. It just depends on the circumstances of the case.

You might want to check with an Immigration Attorney in your area, to see how rigid the District Office is there. Although Immigration & Naturalization is Federal law, & thus it should not matter what State you are in, the protocol at each office may vary.

we have a family business. my dad had sex with an employee and had a lawsuit so we started a new business. My brother in law is president an...

Question

we have a family business. my dad had sex with an employee and had a lawsuit so we started a new business. My brother in law is president and my husband is vice president. My parents are partners with them.

They are supposed to get 1/3 of profits after they get the first 100,000 in profits every year. They have yet to get any money and my parents are drawing out large sums of money for no reason. Its been over 100000 but they wont show any proof of how much they took, my mom controls the books, and they keep saying that my brothers and husbands shares are worth nothing so they are in control. Then my dad named himself CEO with the vote of him and my mom. Is this legal? He keeps threatening my husbands job and I'm worried. We cant afford a lawyer.

Answer

You are in a very difficult spot. One of my primary areas of practice is disputes among co-owners of businesses. This is, frankly, a complicated area.

First, you need to be more clear on what type of "business" operation you have. Is this a corporation (sounds like it), a LLC, a "partnership" (as you state) or some type of LLP, etc. Was there a written agreement concerning anything about the operation, voting rights, etc.?

Was the "vote" done properly?

Unfortunately, your problem is likely a highly fact-driven issue that involves areas of law that are complicated for many attorneys. It will be unlikely anyone is able to answer your questions very well on this sort of internet forum.

It sounds like money is tight. I suggest you make an appointment with an attorney in your area or see about starting an arbitration or mediation if you have to go for the case pro se.

my 16 year old is going to be charge for a dv got the papers from the prosecutor's office the victim is the brother of the defendant but the...

Question

my 16 year old is going to be charge for a dv got the papers from the prosecutor's office the victim is the brother of the defendant but the paper has the wrong defendants name what will happened sense the wrong name is on the letter

Answer

Nothing. It will be amended at court. Get them an attorney ASAP.

Answer

It sounds like you are located very near out main office in Lansing. I suggest that he contact that office at 517 886-1000 to meet with a criminal defense attorney to help him. You can read more at www.AggressiveCriminalDefense.com

My brother recently passed away and I am the executrix. Because of the complicated nature of his estate, I need to get into his computer. He...

Question

My brother recently passed away and I am the executrix. Because of the complicated nature of his estate, I need to get into his computer. He died on 10/15/2013. He was found hanged and he did not leave a note. He was in a relationship with a woman who was living with her boyfriend (they had 2 children 16 and 22), and my brother was in the process of loaning her a substantial amount of money (he was fairly well off). He had much trepidation about this financial transaction, which was to pay off a mortgage on a foreclosed restaurant she owned. His daughter and I have doubts about a suicide and I need to get into his computer to find out is there was more going on than what she is telling me. Is it possibly legal to get someone to assist me in getting into his laptop and desktop? He lived in Maine (widower), his one son died and his daughter is his only surviving heir. We just want some answers. I appreciate your help.

Answer

I'm so sorry to hear about your loss, especially given the circumstances.

Your questions seems to be about the law of Maine, not Massachusetts. You may want to re-post it under that state's laws so that more lawyers with the relevant expertise will see it.

Good luck.

I bought a double wide when I got my disability back pay. Can my husband make me sale it and give him half the money ??

Question

I bought a double wide when I got my disability back pay. Can my husband make me sale it and give him half the money ??

Answer

Only if you let him.

I just got married and have a daughter from a previous relationship. My husband and I have a son together. I wanted to update my 401k benefi...

Question

I just got married and have a daughter from a previous relationship. My husband and I have a son together. I wanted to update my 401k beneficiaries (to include my husband). Here is my question, he also has a daughter from a previous relationship and pays child support. If my husband is listed as a beneficiary, would his daughter's mother be entitled to some of that money? Would it be considered as "income" for my husband that he needs to claim in regards to child support his pays?

Answer

No.

If a spouse dies and the other spouse is deemed unable to care for his/herself due to illness, how does one become the primary care taker? S...

Question

If a spouse dies and the other spouse is deemed unable to care for his/herself due to illness, how does one become the primary care taker? Scenario: Spouse has Alzheimer's. Together husband and wife have 4 children who have different views of how to proceed with their mother- (state funded homes, private homes, in-home care, etc). While the deemed-competent spouse is still alive, is there a way that s/he can ensure that one of the children becomes completely responsible for the care of the deemed incompetent individual, with the ability to make definitive decisions? Thus, leaving the others no say. Also, does it matter if this is across multiple states (parties involved live in different states)?

Answer

No, there's no way that the surviving spouse can dictate who becomes guardian of the incapacitated person. The court will decide after one of the children step up to the plate and hire a lawyer and file a Petition for Guardianship under Article 81 of the Mental Hygiene Law. The children who live out of state will need to come to where the incapacitated person is located if they want to participate in the hearing or request that the incapacitated person be relocated from where's he or she is currently living to be better cared for. Your brothers and sisters had best understand that if they can't come to an agreement and show a united front to the judge and nominate one person as guardian, this may be a long and very costly affair, and all the lawyers and court evaluator get paid out of the assets of the incapacitated person.

When a person has filed a Quit Claim Deed, does this mean the person who filed it no longer can claim property as an asset or be considered ...

Question

When a person has filed a Quit Claim Deed, does this mean the person who filed it no longer can claim property as an asset or be considered as an asset.

Answer

Yes. They quitclaimed the property to the recipient under the deed. They don't own it anymore as a matter of record title.

Answer

You are correct. Once the property is quitclaimed then they no longer are on the title as owner.

i had a abstract judgment lien put against my home in texas(it is my homestead is this legal)

Question

i had a abstract judgment lien put against my home in texas(it is my homestead is this legal)

Answer

The lien holder must release the lien upon demand. Send them a letter

My boyfriend and I broke up and he refuse to pay what he owes me before we broke up I have been asking him to pay me back my money he lost h...

Question

My boyfriend and I broke up and he refuse to pay what he owes me before we broke up I have been asking him to pay me back my money he lost his job and I helped him it's was not a gift but for him to pay back when he finds a job now that we broke up I asked him for what he owes he ignoring my message what can I do?

Answer

Assuming that you indeed gave your boyfriend a loan and not a gift, and you can prove it, you can file a small claims action against him to establish the debt. When people are involved in relationships, money often changes hands and partners do generous and nice things for one another often. In that context, proving it is a debt will be even more important. Let me know if you have any questions or would like representation.

My girlfriend is 16 I am 18 almost every week for the past 16 years she has been sexually abused by her biological father , her mom does n...

Question

My girlfriend is 16 & I am 18 almost every week for the past 16 years she has been sexually abused by her biological father , her mom does nothing about it. & her father sometimes physically abuses her too & he also kicks her out if she don't do small things like clean her room. She asked me to come get her so she won't have to deal with him anymore so technically she is running away. I was wondering would I get arrested if her parents call the cops on me for letting her stay with me?

Answer

It would appear that could be a problem, depending on the facts. Here are the relevant statutes, which you can read for yourself and apply to your particular facts:

13.32A.080 http://apps.leg.wa.gov/RCW/default.aspx?cite=13.32A.080

13.32A.082 http://apps.leg.wa.gov/RCW/default.aspx?cite=13.32A.082

In addition, I would caution you regarding your girlfriend's accusations against her parents. While it is possible there could be truth to what you report she said, from my experience, your comments raise red flags as to what is really the truth. You would not want your present interest in her to blind you to the possibility that, if she has lied, misrepresented or exaggerated about her parents, you could be the next victim of her accusations.

I am in the process of closing on land I am purchasing. There are two wells on the land. One was supposed to belong to the adjoining propert...

Question

I am in the process of closing on land I am purchasing. There are two wells on the land. One was supposed to belong to the adjoining property, also being sold, but they were drilled before property lines were drawn and they both ended up on our property. I presume there needs to be an easement? What should I expect in return for granting that if anything? Are there specific terms I should include, for example, an easement in perpetuity or more a lease thing? Remuneration?

Answer

If the same owner owned both parcels and the well was drilled at that time, then there is a doctrine called "easement by implication" which means that it is implied that there is an easement for that purpose at the time of selling the lots.

I suggest that you consult with a competent real estate attorney in your area, and review things like a title report and the chain of title before running off half cocked and making demands. Otherwise, what you will receive is an expensive lawsuit against you.

We were property managers for a company and we also lived onsite as part of the job, we were out of town and informed that the area managers...

Question

We were property managers for a company and we also lived onsite as part of the job, we were out of town and informed that the area managers had entered our home to take a lock box of keys and broke into to get keys out. We were never given notice or even asked for them to enter. Do I have a case of unlawful entrance?

Answer

You may have an action for trespass, civil theft, and conversion, as well as invasion of privacy.

I would want to review your lease or prop. management contract to determine if any rights were waived or consent given for access, etc.

Call or email for phone conference ( no charge). I am in Eden Prairie, but practice statewide in MN

How much time in jail is expected for assault 2nd degree dv with bodily harm

Question

How much time in jail is expected for assault 2nd degree dv with bodily harm

Answer

Standard sentence range is determined by the charge and the criminal history. Assault II with no special circumstances and no criminal history has a presumed sentence of 3 - 9 months in county jail. The DV tag impacts the probation conditions, but not the jail.

The sentencing grids for all felonies are found at:

http://www.cfc.wa.gov/PublicationSentencing/SentencingManual/Adult_Sentencing_Manual_2012_20130815.pdf

I have cancer, haven't been employed since 2007, am living with my sister and get Soc. Sec. payments of $683/mo. I just received notice from...

Question

I have cancer, haven't been employed since 2007, am living with my sister and get Soc. Sec. payments of $683/mo. I just received notice from Soc. Sec. that they will be deducting child support payments of $500/mo. Can they take nearly all my income like that? I have to pay $300/mo. to my sister for room and board. My son is 21 yrs. old.

I was diagnosed with multiple myeloma in 2008 and had been living in a geriatric center for the last 6 years. I just recently was taken in by my family.

Answer

Why are you paying support at all. Support in Pennsylvania ends when the child is 18. Also, there is alimit on hw much child support they can take. I'd call DRO and ask why you have to pay child support at all

John

my mom passed away,no estate,appartment complex sent deposit check $100 cert.mail to and made out to estate of my mom' name. how do i pick...

Question

my mom passed away,no estate,appartment complex sent deposit check [$100] cert.mail to and made out to estate of my mom' name. how do i pick up and cach check?

Answer

Ask them to reissue the check to you since mom has no probate estate.

What's the law on questioning minor ? What the age when they can question them without a mom or dad their ?

Question

What's the law on questioning minor ? What the age when they can question them without a mom or dad their ?

Answer

Police are not required to notify parents of questioning. However they are supposed to stop if the minor requests to talk to a parent before or during questioning. The real issue is whether they are old enough to understand Miranda rights.

Hi, I was pulled over last night for busted tail lights and the officer smelled marijuana in the car and asked me to exit. And when he asked...

Question

Hi, I was pulled over last night for busted tail lights and the officer smelled marijuana in the car and asked me to exit. And when he asked me if I had marijuana in the car I said yes because even if they had asked my parents if they could search the vehicle they would have agreed to it. They found less than a gram, and mason jar with baggies from past purchases. I'm just not really sure what's happening from here. I'm 17 and have no priors and what they are saying is that I won't have my license again until I'm 18. I will have to go to court. I have to get finger printed. I will have to attend drug rehab. Then the officer decided to himself that I might be a dealer because I had baggies with resin in them. He was saying I should be in a jail cell and he said that this offense will be on my permanent record which I don't understand. Why does he have the right to accuse me of being a dealer then tell me before my hearing that this will be on my record for life. Please get back to me with some information.

Answer

Decisions will need to be made whether you will be in juvenile court or adult court. You have the right to an attorney and you should get one immediately, whether you hire one or ask the court to appoint one. Because of your age, the serious nature of the charge, and many variables which are not mentioned in your question, it is impossible to give you any further advice. Talk with an attorney immediately.

So I was recently told by a lawyer on this website that my divorce can be separated from the financial/custody issues in order for the divor...

Question

So I was recently told by a lawyer on this website that my divorce can be separated from the financial/custody issues in order for the divorce to be finalized. I am wondering about how long that process might take? Do judges typically rule on that topic quickly? Does a court date need to be set, or is this something the judge simply gets the paperwork and signs off on it?

Answer

It is done by way of a motion for bifurcation. Those take about a month, but the length of time really depends on court congestion and the exact time will vary from court to court.

Answer

A bifurcation to terminate your marital status requires that at least six months has passed since the date the petition was served upon the respondent. Please meet with an experienced family law attorney to explore your legal options.

Answer

Ms. Kock is correct that you must have waited six months from when the divorce petition was served. If that time has passed, then how long it will take depends on whether the other party will stipulate (agree in a formal court document) to have it bifurcated. If you both agree, it can be done pretty quickly, sometimes a week if the papers are all in order and the court is not too busy. No hearing is required. If the other party does not agree, then you have to do it by a noticed motion and court hearing as Mr. Roach mentioned. You would have to find out from your court how far out the are scheduling hearing dates. The minimum time would be 21 days from when you serve the motion, if you have it hand served.

I am an incorporated pet shop,my town is telling me that I'm not allowed to have a pot bellied pig on my property,not because of care or pro...

Question

I am an incorporated pet shop,my town is telling me that I'm not allowed to have a pot bellied pig on my property,not because of care or proper housing just because the city says no.Shouldn't I be allowed to carry pot bellied pigs if I'm incorporated?

Answer

Whether or not you are incorporated has no relevance on if the city can prohibit you having a pot bellied pig - or any other type of animal for that matter - on your property. One of the functions of local government is to protect the public health, and they generally have wide powers to do so. If they can make a case that it is in the interest of public health to prohibit pot bellied pigs within the city limits, that kind of law is usually upheld.

The only other issue would be whether they are applying the law equally to everyone. Does the town prohibit everyone from having pot bellied pigs, resident and business alike? Or are they selectively applying it and choosing some people/businesses who can have pot bellied pigs and some who can't? Are they are just telling you that you can't have the pigs, while others can? If it is the case where the town isn't applying the law equally, then you might have an issue.

While it might not have been the answer you were wanting to hear, hopefully that helped. Good luck.

My father died, he had a girlfriend for 10 years that would visit him ONLY on the weekend. He never gave her money, credit cards, or paid an...

HOW LONG DOES A COUNTY IN FLORIDA HAVE BEFORE IT MUST PICK UP AND RETURN A PERSON WHO VIOLATED THIER PROBATION AND IS BEING HELD IN ANOTHER ...

Question

HOW LONG DOES A COUNTY IN FLORIDA HAVE BEFORE IT MUST PICK UP AND RETURN A PERSON WHO VIOLATED THIER PROBATION AND IS BEING HELD IN ANOTHER COUNTY WHERE THEY HAD A $1000 bail bond which has already been posted? And this time frame is it from the date of being put in this other county jail or is it from the date the bail was posted?

Answer

If someone posted bail they should be released. IF they have not been, it might be a mistake and you should contact the jail and find out if there si a reason the person is being held.

If pulled over at a traffic stop and you have had a few drinks, is it better to refuse to the breathalyzer or to take it. I've heard that no...

My girlfriend is in bankrupt she was in an accident now they ready yo settle bankrupt wants her to give them the check none of the king will...

I was wondering if there is anyway I could break an apt contract without having to pay. I signed a contract with a fellow acquaintance that ...

Question

I was wondering if there is anyway I could break an apt contract without having to pay. I signed a contract with a fellow acquaintance that would began this past August. A few weeks before moving in I discovered my dad who at the time was paying my school was not able to pay for my next semester so I decided to move to another town and attend the community college because it would be cheaper for me. The contract is by the unit not by the bed so both of us have to be in agreement of who can move un. I never moved in but I have been paying rent until now. I currently do not have a job so my father has been paying both rent the one here and the one in the town I moved away from. My father will not pay for my other rent due to him not being able to. My questions are can I be sent to collections by the apartment complex even though I never moved in and can I get sued for damages by the acquaintance who I was going to move in with?

Answer

Based upon the facts you alleged, you remain liable to your proposed roommate and landlord. If y

The roommate vetoes a satisfactory subtenant, you can avoid future obligations to them. You might have an attorney examine your lease agreement to see if there is an option, other than sub tenancy, to consider.

Good luck

Can a Texas business (a real estate management company for a condo HOA) legally refuse to accept cash in person as payment for monthly dues?

Question

Can a Texas business (a real estate management company for a condo HOA) legally refuse to accept cash in person as payment for monthly dues?

Answer

The acceptance of U.S. currency is required by Federal Law. Under federal statute one must accept cash. We have all heard of the protest tax payer who pays a tax bill with pennies.

This is not legal advice, nor should it be construed as such, nor does this represent my agreement to represent you and/or your interests.

If you want more personalized advice and legal representation. Contact me at 281 704 6740, [email protected]/* */

Hey there, I was wondering if I hired someone to paint my house, and they got hurt, could I be forced to pay them money? (In california)

Question

Hey there, I was wondering if I hired someone to paint my house, and they got hurt, could I be forced to pay them money? (In california)

Answer

Yes, it's possible that someone you hired to paint your house could get hurt and sue you successfully for money damages. Generally, the injured person would have to show in court that the injury resulted from your negligence, which might be something as simple as having a semi-rotten fascia board that broke under the weight of the man and paint bucket on the ladder.

Injury resulting from negligence is not the only plausible basis for a lawsuit, merely the most likely.

This is why insurance is so necessary. A good homeowner's policy would probably provide the desirable protection, but it's also a good idea to be sure anyone you hire to do work around your property be insured themselves, and in most cases you should prefer workers and contractors who are licensed and bonded as well.

Answer

Mr. Whipple leaves out the key issue of Workers Compensation. If you hire a licensed contractor who has a valid on force WC policy you will be mostly if not entirely insulated if a worker gets hurt. If you hire an unlicensed contractor or one without WC, you in effect become the employer and are almost strictly liable for all work place injuries.

Answer

I agree with Mr. McCormick. Unlicensed contractors who become injured on the job are not independent contractors in the eyes of the law, but are instead, by operation of law, employees of the party who hired them for purposes of establishing workers' compensation benefit eligibility.

It would be best for you to hire a licensed contractor with worker's compensation insurance.

Is claiming "sovereign citizen" something real? Can you legally choose not to recognize Common Law? I'm not talking about the type that's co...

Question

Is claiming "sovereign citizen" something real? Can you legally choose not to recognize Common Law? I'm not talking about the type that's considered as domestic terrorist by the FBI but rather the hippie type that try to avoid tax's and fines. I found just as much confirms this as that deny. Do you know of any weird loopholes of the law or some out of date law that could be used as a legal defense present day(trivial)?

Answer

No. There is no such thing and people who try to do this could wind up in trouble depending on how it is used. Some try to claim that they are "sovereign citizens" and don't have to pay taxes. The IRS will laugh at that and be happy to put you in jail if you try this. Others try to use the "sovereign citizen" defense to get out of paying valid debts. That does not work either and the creditors can still sue if you do not pay. Finally, some try to use the "sovereign citizen" and related loopholes to file frivolous legal actions against judges and other public officials. Some states have made this a crime. I have not researched NC as I don't practice criminal law here. I know GA has made it a crime.

Bottom line - the internet is a wonderful tool that I use daily to do my work. But you can't believe everything you read on the internet and anyone spouting this "sovereign citizen" BS is either out to scam you or is going to get you in trouble if you follow this nonsense.

Nobody likes paying taxes or debts but its what we must do in order to have an orderly society. But if there is no magic sovereign citizen wand that you can wave to escape debts or taxes.

In 2012 First Citizens Bank foreclosed on an SBA construction loan that was taken out in 2005 to build an RV Park in Yreka, Ca. witch we put...

Question

In 2012 First Citizens Bank foreclosed on an SBA construction loan that was taken out in 2005 to build an RV Park in Yreka, Ca. witch we put up free and clear property as security. As usual we did a personal guarantee on the loan. During the foreclosure period we sold the property for $300,000 more than the banks appraisal to get the bank more monies on the loan witch the bank accepted.

Can the bank force us to give up our short sale rights in Calif. since we had to sign our lives away to get the bank to accept the short sale.

Within 30 days after the sale of the property we did a Offer in Compromise to the bank with the loan officers help in the reconciliation dept. Their response 8 months later was we only accept money. Our offer was prime commercial property as security with a sale when the economy turned around. You know that story. This is the first time we have heard from the bank in over a year.

The case was filed with the court on 4/14/14 and we were served a copy on 6/12/14 today and have 30 days to respond. Any help would be appreciated. Thanks, Roger

Answer

You look at your bank relations with a business person's perspective, and see the value and logic in the settlement offer you made. Banks look at deals and proposals much less entrepreneurially. They typically want hard cash rather than a position in a good deal. Also, evidently, they think a lawsuit is a good way to get hard cash, whatever the cost in fees and hard feelings.

I have several business connections in Yreka and other parts of Siskiyou County, and come up there fairly often for transacting business and appearing in court.

Although I don't fully understand exactly what's happened here, perhaps because of some facts omitted in your question, I may be able to help you with a further analysis, or even do your Answer to the lawsuit at a reasonable rate. I'll be back in Yreka before month end, I think, on other business. Please feel free to contact me with more details.

When is forgery considered a civil matter vs criminal matter? My boyfriends ex wrtoe over $4600 worth of checks out of his bank account. Her...

Question

When is forgery considered a civil matter vs criminal matter? My boyfriends ex wrtoe over $4600 worth of checks out of his bank account. Her name was not on the account and she wrote checks to herself, her mother, her sister and her health insurance. Copies have all been turned over to the police/DA but we haven't heard back wheather they believe it will be criminal or civil. Also, if it goes criminal what is the likely hood it will be dropped to a misdemeanor and not felony? He is trying to figure out if this will affect the custody situation of his daughter at all. What is the possible sentencing for something like this? What if she claims he gave her verbal permission to sign his name even though he never did (then it's a he said she said)? All of this is happening in the state of Wisconsin. Also, she has no prior criminal history besides traffic violations. So I'm thinking she would get the least possible charge? We are just trying to figure out what all the posiblities are. Thanks!

Answer

Forgery is both a criminal and a civil violation at the same time. The victim can always sue civilly, regardless of what the the DA's office decides to do, but starting a civil suit first sometimes makes criminal prosecution less likely or delays it. Since fraudulent intent is an element of proof, a past domestic relationship makes it harder to prove forgery, because the issue of consent might arise. Consent to sign someone's name to a check may disprove fraudulent intent. Civil forgery lawsuits may face a much shorter statute of limitations than the six year statute applicable to criminal cases in WI. Criminal forgery sentences can include up to ten years in prison or a $10K fine. One reasonable goal in either civil or criminal lawsuits is the get the money back, and prosecutors will often feel much better about reducing felonies to misdemeanors if it is paid back up front.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www./answers/search/attorney/jknixon,

Someone called me and left me a message that I was going to be served with a subpoena. She stated only her name not the company she represen...

Question

Someone called me and left me a message that I was going to be served with a subpoena. She stated only her name not the company she represented. She also said that it was manidated by federal and state law that she go over my rights before being served.

Is this valid or a some type of scam to get money?

Answer

Did she ask you for money? If she did (or if she does later), then it sounds like a scam. Process servers are paid by the people who send the subpoenas, not by the people who receive them. In fact, in many jurisdictions the person serving the subpoena has to *give* money (for mileage and/or witness fees) to the witness, at least if she asks for it. I don't know whether that's true where you are, and it might depend on the nature of the case.

We usually picture process servers arriving unannounced. That often happens. But many will call first and offer to set up an appointment, unless there is reason to think the recipient will try to evade service. After all, unannounced visits can be upsetting and embarrassing, especially if other people are around. They also often require more than one attempt, since the recipients are sometimes away when the process server arrives. It's often in everybody's interest to schedule a delivery time.

How do I get legal guardianship of my sisters who are ages 14 and 16 and live in another state. I live in Minnesota.They currently live in I...

Question

How do I get legal guardianship of my sisters who are ages 14 and 16 and live in another state. I live in Minnesota.They currently live in Illinois, with a 4th cousin who they are no longer comfortable living with. What is the most practical route to take?

Answer

If for some reason this matter may be governed by Minnesota law, then confer with a Minnesota attorney. Otherwise, speak with an IL licensed attorney. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Law, Minnesota Child Custody Law, http://dwyerlawfirm.net

My child father is upset because IAM fighting to take full custody of my daughter. We have restraining orders on each other. I found out tha...

Question

My child father is upset because IAM fighting to take full custody of my daughter. We have restraining orders on each other. I found out that he went to the police station and falsely accused me of violating his restraining order by following him and calling him which are lies. Now I have a warrant for my arrest. I don't have bail

Money or anything and I will like to know how to go about contacting someone on his false report he made and how the warrant can be removed without me getting arrested

Answer

In Bergen County there is usually some bail, often $10,000.00. Give me a call at 201/342/7933.

Can my FL HOA decide to not provide community-wide lawn sprinkler?There is one pump that services 120 homes through pipes that go to each lo...

Question

Can my FL HOA decide to not provide community-wide lawn sprinkler?

There is one pump that services 120 homes through pipes that go to each lot and then to an individual's timer. Over the years people have changed their settings and overtaxed the pump. The board is thinking of no longer using that pump, removing the estimated monthly pump cost from the maintenance, and telling owners to water their own property.

Answer

Read your Documents regarding lawns.

In NY if you are a beneficiary on a will and told by the executor and his attorney and inventory of the estate would be done and a copy woul...

Question

In NY if you are a beneficiary on a will and told by the executor and his attorney and inventory of the estate would be done and a copy would be available. How do we get a copy of the inventory, it supposedly was filed with the state. What if after we obtain that said inventory an items like 2 vehicles are not listed, can we contest the list is not accurate?

Answer

1. If filed, you can obtain a copy from Court.

2. Yes.

We signed an Assignment and Execution for a stated amount of money to a company that buys debts. The money is being held in escrow until the...

Question

We signed an Assignment and Execution for a stated amount of money to a company that buys debts. The money is being held in escrow until the courts allow the amending of the execution to the new owners. The courts have approved the motion. The new owners (a large company) is now backing out because they found that the defendent named in the judgment has a tax lien. There is nothing in the agreement that says the assignment was contingent on due diligence. At the last hour our attorney is telling us even though due diligence isn't written in the agreement it was assumed. The company is offering a very small portion of the original agreement and our attorney is advising us to take this small amount.

Answer

Unfortunately, there is not enough information here to evaluate this transaction. As is almost always the case, there is a legal answer and a practical answer. Your attorney may be giving you the best practical answer, given how much you want to spend on fees, timing considerations, etc. It does not sound right, however, for a party to back out of an agreement unless there is some fraud, misrepresentation, or concealment of facts, etc., on your part. It sounds like you already have counsel. If you would like a second opinion or an evaluation of your case, make an appointment for a confidential and no-obligation consultation with our office.

Answer

Your rights are governed by your agreement with the debt buyer. Without reading the agreement no one can advise you on what rights you have. Feel free to contact me.

Answer

I agree with and add to the previous two responses. I've been practicing law for 35 years and have never heard of an "Assignment and Execution". I can imagine what one would look like but cannot imagine why a tax lien interferes with the performances called for.

The best I can guess is that you have a debt. The debt has been sold. You have an agreement with the debt buyer to pay the debt in full at a reduced amount. Some court (what court?) has approved this. I don't understand why the money is held in escrow and why a tax lien interferes with anything. The tax lien only interferes if property, in addition to money, was being paid, but you do not say anything about that.

L. Jed Berliner, Esquire

BerlinerLaw

95 State Street, Suite 1010

Springfield, MA 01103-2081

(413)788-9877

[email protected]/* */

My ex wife texts me every day that I have my daughter and asks how she's getting to and from school everyday. It's annoying because it's my ...

Question

My ex wife texts me every day that I have my daughter and asks how she's getting to and from school everyday. It's annoying because it's my days to have her. Do I really need to answer her, legally?

Answer

She is not entitled to blow up your phone, reasonable contact is ok but not smothering.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

[email protected]/* */

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer

Depends on what the final Judgment says. If it says "reasonable" contact this daily calling is probably not; the decision is for the Judge.

I received a phone call from a company regarding a debt I had in 2013. The guy contacted me and stated that I had written a check to a payda...

Question

I received a phone call from a company regarding a debt I had in 2013. The guy contacted me and stated that I had written a check to a payday company in 2013 and when it bounced, they were paid to address the issue. The guy never gave me the name of the company in which he works, also stated that he was not a debt collector, rather he was a clerk and then he transferred me over to the "head of legal" in which the "head of legal" told me he was going to have me prosecuted for a bad check, he told me that if I paid the "restitution" amount of $596 (Which the original check amount was $296 after all fees) and told me if I sent in the payment in person at a certified money grahm place before noon they would drop the "charges" otherwise it would be filled and sent over to the commonwealth of KY for procecution.

The question that lies in my head is this, in the state of Ky, a post dated check, such as the kind you give at a payday place, is not considered theft by deception or a "bounced check" also, the state of ky statue of limitations is 1 year for a bad check, this loan was taken out in may of 2013.

So I called them back, I explained what information I had attained, and the man proceeded to tell me he didn't care about my "bullshit" and he was going to turn my account over to the lawyer and have them send it to the commonwealth of KY for prosecution.

I get this is probably a scam, but all at the same time, it does scare me a little bit. They have not called me other than that one time, which is what scares me a little, since most debt collectors tend to call multiple times a day/week.

Please help, thank you.

Answer

You may be correct that it is a scam. It certainly sounds like it. I suggest you ask them to send proof of "chain of title" of the debt or proof of "assignment" to prove they own the debt.

If they send you proof then you may want to settle with them for the original loan amount if they take off the additional charges. I doubt it will be worth your money or time to hire an attorney who will charge more than your debt is worth. Look into the Fair Debt Collection Practices Act and you will get some good ideas as to how to respond to debt collectors.

Of course, if you wrote the check then I suggest you settle with them for that amount.

KRS 514.040 covers Theft by Deception and you may access this statute at the following link:

http://www.lrc.ky.gov/statutes/statute.aspx?id=19805

I hope this has helped and I wish you all the best.

Thank you,

We have lived in our apartment which is income based for almost 3 years and have had our dog for a little over 2 and a half years the previ...

Question

We have lived in our apartment which is income based for almost 3 years and have had our dog for a little over 2 and a half years the previous manager never gave us the paper work to have filled out for a companion/service animal nor did she want to be bothered by putting me on the lease with my boyfriend. The new manager has been here for almost a year and is now trying to evict us if we don't have the paperwork filled out in 30 days. It's hard enough to get into a doctor at the snap of your fingers but esp around the holidays! Is there a way to get out of this being as they have waited this long?

Answer

In Ohio, if they try to evict you for having a service animal, then you should call the Ohio Civil Rights Commission to see about whether you would have a lawsuit against them for discrimination based upon failure to make a reasonable accommodation for a disability. The OCRC would then likely call the landlord and straighten things out. If the landlord tries to argue that you didn't get your paperwork back in 30 days, then you could argue that the rush itself is discriminatory since they let you live there for a full year knowing about the dog and then all of the sudden they put this arbitrary time limit on you.

Is it legal for a supervisor that is not a nurse give you 60 advil if your sick tell u to take them every 4hrs til you go home

Question

Is it legal for a supervisor that is not a nurse give you 60 advil if your sick tell u to take them every 4hrs til you go home

Answer

If you have a question about it, why would you choose to follow their advice? Most first aid kits have aspirin, ibuprofen or other OTC medicines. You need to use your own judgment.

How can I stop an executor of a will from stealing from the estate?

Question

How can I stop an executor of a will from stealing from the estate?

Answer

Report it to the court and to the prosecutor/police in your community.

my neighbor's tree is hanging way over my property. Who is responsible for cutting the overhanging branches?

Question

my neighbor's tree is hanging way over my property. Who is responsible for cutting the overhanging branches?

Answer

You can cut them down on your side of the property if you want. The neighbor is not "responsible" for cutting them down, but may responsible for any damages caused by then if negligently allowed to grow too much.

Answer

You are.

Hi,I have a question, if I am a private bus driver and I had a passenger hurt in the bus due to someone else, am I reliable? Example, I brea...

I have a son who is in Missouri state custody he is 2yrs old I signed over my rights because he was already in state custody and the state ...

Question

I have a son who is in Missouri state custody he is 2yrs old I signed over my rights because he was already in state custody and the state was trying to take my rights already.His foster parents said if I signed over they would allow me to keep contact with my son but if I took them through trial I wouldn't be allowed to. Know anything I was 17 at the time I signed over In April but now I'm 18 I live in Chicago,il and was just in June released from Illinois state custody of dcfs myself I want my son back is there any possible I can still fight to get him I heard I can revoke my signing over

Answer

Contact legal aid immediate

in california can I have a business partner in my plumbing business without him being on my license

Question

in california can I have a business partner in my plumbing business without him being on my license

Answer

If you are a sole proprietor, no. I have a client with this very issue who was cited by the CSLB for failing to carry worker's comp insurance because his "business partner" is considered an employee in their eyes. You could form a corporation, make him an officer of the corporation, and you could qualify the company, keeping your existing license separate. In such a case, you wouldn't need worker's comp insurance, he wouldn't be "on the license", etc.

Answer

Mr. Campbell's answer is technically correct, but I think confusing in the context of your question. Your question, however, is also confusing because you throw around terms like "partner" and "on my license," which have pretty specific legal meanings and you are not specific about the business arrangement you are proposing or have created.

The CSLB licenses individual sole proprietors, partnerships, corporations and joint ventures, and just recently LLC's. If you are a sole proprietor and hold your license as an individual sole proprietor, what you need to do when you bring in a "partner" depends on exactly what your arrangement with the "partner" will be. If you are forming a true legal general partnership, then you will need to convert your license so that you will be the responsible managing partner of the partnership. If you are forming some other business entity, such as a corporation or LLC, you will need to convert your license so that you are the responsible managing officer of the business entity.

If you are NOT forming a formal business entity with this other person, then you MUST make them an employee. Otherwise you run afoul of the workers compensation issues Mr. Campbell raises. The other person must either be an actual co-owner of the business, in which case you must actually form the business entity and license it, or they must be an employee and treated accordingly. Considering that you lose your license for not having workers compensation insurance, and considering that anyone you do work for can cancel your contract, refuse to pay you, and even take back pay for work you did if you don't have a proper license when doing work, this is NOT something to try to do the "easy" way. Dot your i's and cross your t's on this or you risk losing everything.

We own a vacant lot in Port Charlotte,Fl. We have a neighbor taking care of it. Is there a law if someone takes care of the lot with out get...

Question

We own a vacant lot in Port Charlotte,Fl. We have a neighbor taking care of it. Is there a law if someone takes care of the lot with out getting paid that they can clam that lot after a period of time ? We are paying him at this time.

Answer

No such law. There is an adverse possession law but that does not apply to a caregiver who is paid or unpaid.

I have been trying to find a definitive answer about the Ohio statute of limitation on credit card debt.I have seen information on many webs...

Since my father passed away with no will (it was unexpectedly) what are my rights my mother is selling stuff she want let me have anything o...

Question

Since my father passed away with no will (it was unexpectedly) what are my rights my mother is selling stuff she want let me have anything of my dads ive lived with him the past 3yrs and she says nothing is mine when he was my dad there is some legal way I can get something

Answer

Your mother is wrong. The surviving spouse must share the deceased parent's property with any children where there is no will, but this assumes that there will be property to share. Not all assets are probate assets and it will depend on what your father owned and owed. You need to get up with a probate attorney who practices in the county where your father lived prior to his death.

Answer

You need to see a lawyer immediately. While not all assets would be ones you could share in depending on how things were titled (and also if she files for years support), you likely are entitled to a share of the remaining assets.

My son's criminal case appeal in Florida was denied. I believe we have valid claims for ineffective assistance of counsel on both the appell...

Question

My son's criminal case appeal in Florida was denied. I believe we have valid claims for ineffective assistance of counsel on both the appellate level and the trial level. Can they both be pursued simultaneously or is there a particular order they must follow?

Answer

You need to talk to an appellate specialist in your area. There are very specific rules when it comes to appeals so I suggest you hire one so that your son's rights aren't waived or lost. You should do so immediately as there are strict time limits when it comes to these matters.

Summary case was expunged. Can it be added to the current charges for another small crime?

Question

Summary case was expunged. Can it be added to the current charges for another small crime?

Answer

No. When your cases is done and its expunged its done.

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

My Nephew is miserable living with his mom. These are not normal teenage problems my sister has no buisness having kids. Also I will pay my ...

Question

My Nephew is miserable living with his mom. These are not normal teenage problems my sister has no buisness having kids. Also I will pay my Nephew rent but not live with him. He can drive and get a job. I am afraid of any legal problem that might occur like me getting arrested for helping him when he is only 17 years old. Basically my Nephew would technically be running away with my helping him with money. I am also buying his plane trip from California to Florida. He lives in California and his mom already lets him come back to Florida in the Summer and half the summer he lives with his friends older brother and mom. Although they do what ever they want anyway. He does not need to be enrolled in school as he is working on his GED

Answer

It is possible that you could be criminally charged with kidnapping since your question appears in the criminal forum. However, most of your question pertains to family law so I suggest you contact a good family lawyer that deals with custody type issues such as this.

Can an non-US citizen create a US LLC entity? Do they need to 1) be on a work visa, 2) have a green card, or 3) something more?

Question

Can an non-US citizen create a US LLC entity? Do they need to 1) be on a work visa, 2) have a green card, or 3) something more?

Answer

Generally speaking, any person, regardless of US citizenship, residency or visa status, can form a US LLC!

However without the proper work authorization the person cannot work for the LLC or manage the LLC while physically being in the US. There are some very limited exceptions to this but those would need to be discussed in private as they depend on your particular circumstances, your nationality and the intents for the LLC.

Ping me offline to set up a consultation. If you are outside the US then we can skype.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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

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

I want to purchase lighter fluid from a EBAY seller that is shipping the lighter fluid via USPS the united states postal service, And I know...

Question

I want to purchase lighter fluid from a EBAY seller that is shipping the lighter fluid via USPS the united states postal service, And I know it is illegal, To ship lighter fluid via USPS without written approval will I or could I be liable criminally or civilly for receiving. The lighter fluid in the mail that is shipped USPS without written approval by USPS ?

Thank You

Answer

Why don't you figure out exactly what you need to have the product shipped legally. Determining whether you have a criminal risk here is ludicrous.

Can a person be field tested for drugs by a peace officer if that person is not on probation or parole.

Question

Can a person be field tested for drugs by a peace officer if that person is not on probation or parole.

Answer

Yes if the peace office has probably cause that the person is under the influence.

I am an assistant manager, a general manager who I worked for and still works for the same company invited me out to a bar. This was against...

Question

I am an assistant manager, a general manager who I worked for and still works for the same company invited me out to a bar. This was against company policy. My husband called and was angry I was at a bar, long story short I cried my boss got in my car and kissed me just as my husband pulled up. The next morning I called my director of operations and told him what happened. Both my boss and I got written up and lost our bonuses for that quarter. I became very depressed and enrolled myself in an outpatient program where i was diagnosed with alcohol dependency, major depressive dissorder and PTSD. I was still working and my DO told me he felt it best if i just concentrated on this program. Now 3 months later I find out the General Manager has gotten promoted and is getting a raise while I have not been paid for 3 months. is this okay? do i have any legal recourse?

Answer

This is not okay. This strongly appears to be against Title VII (sexual harassment) and the NJ Laws Against Discrimination (NJ LAD). You should sit down with an "employment law" attorney so that you can formulate a course of action. In my experience, it is not unusual that the next step will be for them to give you a poor rating and then terminate your employment. Best wishes.

hello, I need your help.which is the easiest way to find the alien number I had years ago?who do i have to call?thanks for your help...

Question

hello,

I need your help.

which is the easiest way to find the alien number I had years ago?

who do i have to call?

thanks for your help

Answer

If you are (or were) a lawful permanent resident the number will be on the green card. Any documents submitted to or from USCIS would also have your A number. If all else fails, make an infopass appointment on the USCIS website and bring official photo id with you to the appointment.

Answer

You can also submit a FOIA request to get a copy of your old file; form G-639.

My boyfriend's mom has full custody and if I talk to her son again I'll be charged with indecency with a minor if his dad gets custody can s...

Question

My boyfriend's mom has full custody and if I talk to her son again I'll be charged with indecency with a minor if his dad gets custody can she still press those charges?

Answer

It appears that you are trying to date a minor. I don't recommend it. And, yes, the District Attorney would be the one to file criminal charges on you - not the parents. If you have any other questions, contact a criminal lawyer in your county.

Today I was suspended from my job with out reportedly due to an allegation of a threat to do bodily harm (no specification) to another emplo...

Question

Today I was suspended from my job with out reportedly due to an allegation of a threat to do bodily harm (no specification) to another employee with a flash light. I was not told who made the allegation or what the reason may have been for me to make the threat. This was performed by the EHS Manager along with the DC Manager. No HR representative was in the meeting.I offered to allow my locker to be searched and this was not done at any time. I was followed back to my work area by DC manager to gather my belongings in front of all employees in the DC, then escorted from the building by EHS manager and DC Manager, again in front of all employees.I was not even allowed to clock out for the day. It was embarassing and I was made to feel low. It was presented to all other employees as if I was being fired.

What are my legal options? Where can I find immediate help?

Answer

Employees can be terminated for any or no reason, with few exceptions for unlawful discrimination (race, gender, etc,). Demotions, suspensions, etc., are better that that. Nothing in your post indicates you have a legal claim. There is cause of action for being embarrassed.

recieved an order on motion to perfect motor vehicle lien under supplementary proceedings should i answer will that help

Question

recieved an order on motion to perfect motor vehicle lien under supplementary proceedings should i answer will that help

Answer

Is the order signed by a judge? If so, there is no need to answer unless the court has specifically requested that you take some affirmative action. I'd be happy to review the document and give you some guidance. Feel free to e-mail me a [email protected]/* */

I was arrested for a felony when I was 19. I am not 33 and looking for a decent job. I have read that third party companies can't report inf...

Question

I was arrested for a felony when I was 19. I am not 33 and looking for a decent job. I have read that third party companies can't report information that is over 7 years old unless the person will be making more than 75000. Is this true? I read this when I looked at Texas FCRA criminal conviction reporting limits. I just want to know what to expect. This company hasn't asked me about a criminal record but I want to know if I will fail the background check. This job pays under 75000. It is not in the insurance industry and I will not be going into people's homes.

Answer

Q: Third party companies can't report information that is over 7 years old unless the person will be making more than $75,000? Where did you hear that? Of course it is NOT true! Third party companies don't know how much a person makes unless it is some sort of public record.

You can expect that any conviction will follow you for LIFE. It will most probably appear on any criminal history or background check unless you take action to seal or expunge the record. That is, if you can. If it is a final felony conviction, there is nothing anyone can do at the present time.

I went through family court for a divorce in 1988 in Montgomery county, Montgomery, AL. Can the court system allow a continued dispute to be...

Question

I went through family court for a divorce in 1988 in Montgomery county, Montgomery, AL. Can the court system allow a continued dispute to be held in a different county?

Answer

State statute allows the custodial parent to transfer the case to the county where he/she resides after so many years. So the answer is a "qualified yes." Because you have not provided specific facts I suggest you talk to a family law attorney in your area.

My wife and I divorced in February 2013. In May, she moved out of the house and into a home of her own. Both of our names are still on the h...

Question

My wife and I divorced in February 2013. In May, she moved out of the house and into a home of her own. Both of our names are still on the house, but she feels as though she does not have to pay anything on the house anymore because she does not live there. It is in the process of being sold and now she thinks that she is entitled to half of the profit if the house sells. Is there anyway she can take the money despite not paying for the house anymore? There was no agreement in the divorce as to who got the house and she moved out on her own.

Answer

You will not be able to convey title to a buyer without her signing the deed too. So she has leverage and you will have to reach some kind of agreement with her in order to complete the sale. The time to have negotiated all of your differences was during the divorce.

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.