Can an officer of the law threaten a 14 year old with a polygraph test in order to get information from him without the presence of his mother?

Question

Can an officer of the law threaten a 14 year old with a polygraph test in order to get information from him without the presence of his mother?

Answer

A juvenile is entitled to have a parent or a lawyer present for any questioning.

Almost 2 years ago my grandmother passed away, my grandfather and her resided in a home that they were still paying a mortgage on, with quit...

Question

Almost 2 years ago my grandmother passed away, my grandfather and her resided in a home that they were still paying a mortgage on, with quite a bit left owed. My grandfather instead of letting the home go into foreclosure, offered me and my 2 little girls to move in and take over the payment. I excepted. He left everything in the home to me and my girls, taking only his personal belongings. He had a new place set up and ready for him else where. After 8 months of living there he voluntarily placed my name on the deed as part owner in the home. This made me very happy, to have a place for me and my girls to call ours and home. A few months went by and I came into some finical cut backs, became 3 months behind on the payment. Contacted my grandfather asking for help, he refused and said the home would have to go back to the bank. For he could not afford to stay either. Nor did he want to. All the other household bills were paid, I came home one day to my power off. I contacted the electric company asap and they informed me that my grandfather had requested it to be turned off. It was in his name, I was just the caretaker on the account. This was done without and warning to me, and it started what seemed to be a very emotional war between my grandfather and I. So I ofcourse had to leave my home due to no power. Last minute arrangements for a place to live was quite difficult. The cost to turn it back on in my name was $800.00. He then approached me asking me to take my name off the deed and told me that I was not to go back to the home. Now I have been call to court, he has claimed that I stolen furniture and appliances, that were given to me by him. He has made nothing but false accusations on his claim. Of course im going to go and tell my story, no lies necessary on my part. Just any advice is appreciated

Answer

Hire an attorney. This fact pattern is way too complicated for a lay person to pursue on their own. If you go it on your own, make sure to bring copies of all bills you paid for the property.

I signed a lease in January. Part of the lease was I got to be member of an on-site tennis club. They are closing down the tennis club in Ma...

Question

I signed a lease in January. Part of the lease was I got to be member of an on-site tennis club. They are closing down the tennis club in May but didn't mention this when we were signing, rather they used it to draw me in, as it is the only reason I moved here. Am I entitled to demand a reduction in rent = to the club membership per month? In the lease is says any closing of amenities does not give the leaser the right to get lower rent or early termination. But as they knew about this and did not disclose the information when we signed, am I stuck in my rent or can I legally get it reduced?

Answer

If it is fraud you can sue and get the choice of either monetary damages or rescission. But you don't get a reduction in rent under the law unless the place has habitability issues.

Does Florida have a seat belt exemption for the disabled like Oklahoma?

Question

Does Florida have a seat belt exemption for the disabled like Oklahoma?

Answer

I honestly don't know if it is enshrined in the statute, however, I can tell you that I have seen other people in traffic court come in WITH A DOCTOR'S NOTE saying that they are physically unable to wear a seatbelt and the case was dismissed.

I'd like to move in with my mother but my dad won't let it happen. My mom is more than willing to let me move in with her since I have two y...

Question

I'd like to move in with my mother but my dad won't let it happen. My mom is more than willing to let me move in with her since I have two years before I graduate from high school. The problem is that my dad absolutely, positively will not let it happen. School's about to start and I'd like to get registered where my mom is at as soon as possible. My dad won't let me move into my mother's house due to the fact he receives money from the Missouri government because of my sisters and I. I'm not happy whatsoever at my dads but my sisters want to stay with him. For me, it just seems a lot more homely at my moms since I move around almost each year or two. I'm determined to move in with her ASAP. Help?

Answer

If you are sixteen, you and your mother can file a Motion to Modify Custody. If you're not yet sixteen, your mother can still file the Motion, and you can tell the judge/commissioner that you want to give testimony.

Good luck

Answer

Did you have a guardian ad litem? if so meet with him/her.

GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?

Question

GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?

Answer

As to past amounts no. As to future amounts, maybe, if a modification is filed in superior court and the judge chooses to grant it.

Answer

Child support will accrue during the period of time the parent is in jail. To do otherwise would be unjust to the custodial parent who continues to incur costs for the children. The payor cannot be held in contempt for his or her failure to pay during this time. Once he/she is released and obtains employment, failure to commence payment may result in a contempt. Even if a modification is filed, a Judge is unlikely to suspend the obligation as the custodial parent is entitled to a reimbursement for expenses incurred on behalf of the children.

Here's my civil action clarification and case nature: A court appointed lawyer had a pre-existing friendship with the Commonwealth witness (...

Question

Here's my civil action clarification and case nature: A court appointed lawyer had a pre-existing friendship with the Commonwealth witness ( who was also the policeman that made a traffic stop on me without probable cause and who falsify charges against me) and did represent me in trial willfully and knowingly that the relationship existed. This was a unethical act of conduct that created a conflict of interest that lead to the lawyer being ineffective representation and prejudice toward my legal defense. And I was convicted on a misdemeanor without presenting any legal defense.

Answer

So, write a letter to the judge who presided over your case detailing your complaint with your request for a new trial. (You should, however, bear in mind

that merely because your "court-appointed lawyer had a pre-existing

friendship with the Commonwealth witness" that that would NOT necessarily

have created a conflict of interest which should've required this

lawyer to withdraw pretrial as your counsel.)

what dose SUPERVENING INDICTMENT mean when i filed for Restoration Of Civil Rights

Question

what dose SUPERVENING INDICTMENT mean when i filed for Restoration Of Civil Rights

Answer

There are two ways that a felony prosecution may proceed. The first method is by the prosecuting attorney who files a complaint or information alleging the commission of a felony. The case would then proceed to a preliminary hearing to determine whether there is probable cause to continue with the prosecution.

The second method is for the prosecutor to present evidence to a grand jury who then decides whether probable cause exists to continue with a prosecution.

When the prosecutor files a complaint or information and then proceeds to a grand jury, that indictment presented by the grand jury is called a supervening indictment because it supervenes the complaint of information.

As to the application to restore civil rights the supervening indictment was the method used to proceed with the prosecution which eventually led to the conviction that suspended your civil rights.

I recently purchased item at a store with my ebt card (cash) $5.00. I went in to the store to return it, with my receipt and unopened and th...

Question

I recently purchased item at a store with my ebt card (cash) $5.00. I went in to the store to return it, with my receipt and unopened and they were going to give me the refund on a gift card. I told them that I had my card (original method of payment) and they said they could reverse a cash transaction only foodstamps. It was 5 days after i bought it. I live in california. Thank you.

Answer

A gift card is a cash equivalent.

My father has months to live and he currently has a 30 year loan for a condo that he lives in. He has some equity (@ $23,000). If we decide ...

Question

My father has months to live and he currently has a 30 year loan for a condo that he lives in. He has some equity (@ $23,000). If we decide that we want the condo for investment purposes, would it be to our advantage to purchase the condo from him before he passes?

Answer

Probably not a good idea to purchase it before death unless you need the cash in his estate before he dies for some reason. Whoever inherits the property will get what's called "step up basis" (meaning the value on the date of death is what will be treated as what was paid for calculation of income on a future sale). If you buy it from him then your basis will be what you pay.

Can I sue the plaintiff after a judgment has been made for the defendant for a car accident if the plaintiff affidavit says the cause of the...

Question

Can I sue the plaintiff after a judgment has been made for the defendant for a car accident if the plaintiff affidavit says the cause of the accisent was speeding which it was not and the defendant have proof of the speeding tickets being dismiss in court and that the defendant never paid no money to the plaintiff which the defendant have proof also

Answer

You have no basis for suing the plaintiff. He or she felt you were responsible for the accident and they were unable to sustain their burden of proof; therefore the court found in your favor. Presumably you were defended by your insurance company so there was no expense to you.

I have 3 duis and was given the sb38 program required to get my license back, it has been over 20 years that I never completed the program, ...

Question

I have 3 duis and was given the sb38 program required to get my license back, it has been over 20 years that I never completed the program, I am trying to get my licence back do I still have to do the program? even though the courts said because I did jail time in lieu, and the program was deleted by the judge-the dmv says it is required

Answer

The statute says the DMV will not reinstate your license until you do the program. The DMV is bound by the statute. However, the statute now allows you to get a license with the Ignition Interlock Device. If you want to discuss this option with my office, please call me during business hours. 8:30-5 M-F.

I would charge $100 consult, up front.

Another option is to apply for a license, and when the DMV turns you down, file legal proceedings in court to challenge the denial. This is a more expensive process, and no guarantee of success.

Chad Maddox

714-695-1500

Answer

If you cannot afford a lawyer, you can try contacting the Public Defender in the county where the convictions were obtained.

I recieved a summons to court in two days for harassment, staking and menacing. Can I ask the judge for time to obtain a lawyer? Also what d...

Question

I recieved a summons to court in two days for harassment, staking and menacing. Can I ask the judge for time to obtain a lawyer? Also what do I need to bring to court?

Answer

You can certainly ask for a postponement to obtain an attorney. Please contact my office @ 718834-0087 for some very specific advice.

My husband of 2.5yrs left me with no notice and is now filing for divorce. He makes 3x the amount I do. We are upside in the house and our c...

Question

My husband of 2.5yrs left me with no notice and is now filing for divorce. He makes 3x the amount I do. We are upside in the house and our cars(which he currently is still paying for). My question is.....how long could I drag this out to be able to live in the house since I can't afford rent or a car payment now? I have a very small amount in a retirement fund(6k), while he came into the marriage with over $500K in a retirement plus as accrued more in another job he accepted. Is it possible that I will need to pay any of our debt? During legal proceedings will I have to pay "rent" to him?? I guess what I'm asking...what's the worse case scenerio? What's the best?

Answer

You must meet with an experienced family law attorney to protect yourself.

can you sell free software - ex. linux download client?

Question

can you sell free software - ex. linux download client?

Answer

You do not provide sufficient information to answer your question properly.

Assuming the software is free on the internet, then selling it may be deemed a deceptive business practice in MA. If it is part of a vendor package, or you have modified the software, then you may be able to sell it.

I was promoted to manager in feb it's now the end of july and been doing everything they asked and haven't been paid the increase. I asked a...

Question

I was promoted to manager in feb it's now the end of july and been doing everything they asked and haven't been paid the increase. I asked about it several times and no actions had been taken

Answer

Were you expressly promised a raise to a specific new pay rate with your promotion? You are legally entitled to the stated rate of pay you are told you will receive for your work. If you have not been paid that rate, you are entitled to file an unpaid wage claim with the state Department of Industrial Relations. Unless you were given a promise of a specific new pay rate, however, such as if they just said, "great, you're a manager now and we'll be giving you a raise" you have no legal right to any more pay than you were making before.

Answer

If you have actual evidence such as a written confirmation you are entitled to a pay raise, then you could file an unpaid compensation claim with the Labor Commissioner office local to you. Sounds though like that may not be their understanding. Many times a 'title' and more work is all there is to the promotion.

If my bank account is negative by over $15,000 can I be sued?

Question

If my bank account is negative by over $15,000 can I be sued?

Answer

Yes, the bank can and probably will sue you, but not before they run up significant interest, fees and penalty charges.

Answer

You owe the bank a significant amount of money if it is overdrawn, of course they will sue.

Per California Civil Code Section 1946 1 The unit is alienable separate from the title to any other dwelling unit for a buyer to do a OMI an...

Question

Per California Civil Code Section 1946 1 The unit is alienable separate from the title to any other dwelling unit for a buyer to do a OMI and to reduce a 60 day notice to 30 days. Question what happens when the unit is NOT alienable & separate from the title to any other dwelling unit as required under CC 1946.1 and the existing owner knows this but still tries to get away with giving existing tenants of 3 yrs a 30 day notice & using OMI as the reason for a short notice for the new buyer. Is this not considered to be fraud PS we are in a no rent control county.

Answer

Your post does not make any sense. Civil Code section 1946.1 clearly prescribes the required amount of notice to terminate a periodic tenancy based on the length of the tenant's occupation. The notice requirements do not have to do whether the unit is separate or connected to any other units.

Can a lawyer ask a potential juror if they have been diagnosed with a mental illness? Does the juror have to answer?

Question

Can a lawyer ask a potential juror if they have been diagnosed with a mental illness? Does the juror have to answer?

Answer

A barely competent judge will not allow such a question by an attorney nor would she/he ask such a question in open court. The only question on this issue that may be asked to the potnetial juror is in the juror questionnaire by the Clerk of the Court. The questionnaire may ask whether you have a medical condition that may interfere with your ability to sit for jury service.

I am 16 years old and my parents are getting divorced. If my mother is moving to Washington but my father stays in California, if he does no...

Question

I am 16 years old and my parents are getting divorced. If my mother is moving to Washington but my father stays in California, if he does not fight for custody of me, am I allowed to move to Washington immediately with my mother if I choose to?

Answer

If your father consents, your mother and father can stipulate to lift the automatic restraining order against removing minor children from the state. That would allow you to move with your mom before the divorce is final. To protect your mother from your father changing his mind, however, they really need to put it in an agreed order for the court to sign and file. If your parents can't agree, the court also can still issue an order that you be allowed to move before the divorce is final, if your mom can prove that it is more in your best interests than for you to stay in CA until the case is final.

I have 2 girls 15yr 10 yr old. My oldest daughter father died. I am remarried with second daughter. But we are seperated. I cant count on hi...

Question

I have 2 girls 15yr 10 yr old. My oldest daughter father died. I am remarried with second daughter. But we are seperated. I cant count on him for anything. Im dying how can i prepare for gaurdian for my kids if my husband won't step up to care for them

Answer

I am so sorry to hear about the health challenge that you face. Please meet with an experienced estate planning attorney to assist you on arranging your affairs. You may also wish to consider talking to extended family or friends to see if they could serve as guardian of your child in the event of your death.

how do I give full custody of my daughter to her fater and get full sole custody of my son we have shared custody I have primary custody of ...

Question

how do I give full custody of my daughter to her fater and get full sole custody of my son we have shared custody I have primary custody of both

Answer

This can all done by written agreement or in the alternative you yave to file motions with the court.

Answer

Complete agreement

Answer

This can be done by entering a written stipulation to modify the final judgment.

It should be a relatively inexpensive thing for an attorney to handle.

My husband and I attended our final hearing for our divorce (simple dissolution of marriage) 2 weeks ago and I just found out that I am 4 we...

Question

My husband and I attended our final hearing for our divorce (simple dissolution of marriage) 2 weeks ago and I just found out that I am 4 weeks pregnant with my current partner's child. So I was pregnant while I was still legally married. Since the divorce is final, will there be any repercussions to me being pregnant?

Answer

It has no bearing.

Answer

if the divorce is final then it is of no consequence.

Answer

xxgg

Business threatened small claims court for balance owed. I do owe 85.00 not 180.00. Bank mailed check but they lost it. What can I do?

Question

Business threatened small claims court for balance owed. I do owe 85.00 not 180.00. Bank mailed check but they lost it. What can I do?

Answer

1. you can negotiate with them and agree to pay the $85.00...you said the bank sent the check but it was lost. If the check was not cashed, then they were not paid...even if it wasn't your fault if they didn't get paid, that is not a defense.

2. You can pay the $180.00

3. You can defend in the small claims court.

IF a person gets a pedestrian under the influence charge but never takes a roadside test, a blood test or a breathalyzer, is it a good case ...

Question

IF a person gets a pedestrian under the influence charge but never takes a roadside test, a blood test or a breathalyzer, is it a good case to fight in court?

Answer

Not IF the person has pissed on himself, cannot stand up and reeks of alcohol. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Lawrence

I own a small jewelry store in Florida, a online client that has purchased from me before purchased a watched (7k)that was supposed me overn...

Question

I own a small jewelry store in Florida, a online client that has purchased from me before purchased a watched (7k)that was supposed me overnighted to him in the process the crystal was cracked and now instead of waiting the 3-5 days or getting a similar watch he is demanding a refund. Do I legally have to give him one, can I fix the watch to it's original state and ship? My website states no refunds and I told him over the phone as well

Answer

depends on the terms of the sales agreement. Probably you have the right to fix it, based upon what you have provided.

My son and I haveBeen living with my father past two years. I have moved out, and he is not allowing me to get mt things. I have paudhim 500...

Question

My son and I haveBeen living with my father past two years. I have moved out, and he is not allowing me to get mt things. I have paudhim 500.00 a month , I bought all groceries, cooked, cleaned, and I have supported my son on my own. What are my rights..and can I sue him.?

Answer

If the things he kept are your things, and you can prove it in court, then, yes, I would say that you can sue him to recover your belongings or to get compensated for the things he kept.

However, a lawsuit can cost you up to $20K, or more if he fights, in legal fees.

I would ask yourself what it is that he has that you want back - and if it is something sentimental that you want back or if you have loss of property of more that $20K, then, I would advise you to hire a qualified lawyer and file suit.

You can also try to sue him yourself in a small claims court - if the damages are under the statutory amount allowed.

6.5 years ago a credit card company had a judgement passed on me for a debt owed to the by me and this was in the state of WI. I couldn't an...

Question

6.5 years ago a credit card company had a judgement passed on me for a debt owed to the by me and this was in the state of WI. I couldn't and didn't pay on this at all. 5 years ago I moved here to Parker CO and didn't hear any more til the summer of this year. A law firm in Denver took this case to court in Douglas Count, CO and got a judgement against me and now garnishing wages and I was never informed that it was going to court here, is this legal? The statute of limitations in WI is 7 years I believe and 6 years here in CO. Which state law would be correct

Answer

If they already got a judgement against you - they they may start collecting at any point there after. The statute of limitations is for them to bring the original action. Bankruptcy would be an option that would stop your garnishment immediately. We can help you.

Give us a call and we can set you up for an appointment.

Our number is 303-872-3249

Address:

Ward Law & Associates, LLC

12200 E Iliff Ave Suite 101

Aurora CO 80014

Let them know that you spoke with me on Law Guru and I am sure we can work on getting you a discount. We also have very affordable payment plans.

I was awarded half of my ex-husband's military retirement in our divorce in Ga in 2004, I recently remarried do I lose my judgement?

Question

I was awarded half of my ex-husband's military retirement in our divorce in Ga in 2004, I recently remarried do I lose my judgement?

Answer

Probably not, but there is no way to answer you with certainty without reading the divorce decree.

If do I object for a petition for relocation?

Was served a 10 day notice to quit, but was served with summary and complaint on 10 th day

Question

Was served a 10 day notice to quit, but was served with summary and complaint on 10 th day

Answer

I assume your question is what to do?

Technically, the landlord moved too quickly. But your main defense is to pay the rent, because he moves too quickly you maybe able to get out of paying the court costs. Attempt to pay rent now and when he refuses you can testify that you tried to pay. Take a witness who can show up in Court.

Mom was buried 2/5/2014. Can I be forced to allow sisters to strip my home of her personal items and not honor my request to wait for respec...

Question

Mom was buried 2/5/2014. Can I be forced to allow sisters to strip my home of her personal items and not honor my request to wait for respectable period of mourning?

Answer

If you live in a dwelling unit which only you have the right to occupy, no one can enter without your permission. If your mother had a will, the terms of that document should indicate who has rights to her belongings. If your mom had no will, you and your siblings will have to agree. You should make a list of mom's property in your possession and form an understanding with your siblings as to who gets what, and don't let anyone in unless they are going to behave themselves. As a last resort, you can always call the police.

I am wanting to know that if me and my boyfriend have lived together for 2 years in SC and his kids live in PA now with their mother and her...

Question

I am wanting to know that if me and my boyfriend have lived together for 2 years in SC and his kids live in PA now with their mother and her boyfriend, They come to visit us Easter, 6 weeks of the Summer, Every other Thanksgiving and New Years/Christmas, and I have lived there and they have been coming here to and love me to death. But their mother is crazy and my boyfriend is going to start custody, Do I have to move out even though that is my residence and the kids dont live in this state and to I have no where to go? I pay bills and Rent to my boyfriend now as well

Answer

Without more information, it's not possible to answer your question. These are complex issues, and it is important that they be handled correctly.

Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com/blog) or our website (www.SCFamilyLaw.com). I wish you the best of luck.

Ben Stevens

Ez pass Nj threatening to suspend my registration do to outstanding violations. I am wiling to pay them however, they want almost $11,000 in...

Question

Ez pass Nj threatening to suspend my registration do to outstanding violations. I am wiling to pay them however, they want almost $11,000 in fines alone.Is there anything i can do to prevent them suspending my registration? Is bankruptcy an option?

Answer

Why don't you call them to see if you can come up with a payment plan or some other arrangement. I would doubt that Bankruptcy would prevent them from revoking your registration but if you can't manage your debts you should speak to an experienced bankruptcy lawyer to see if this kind of debt is even dischargeable under the code. In that regard you should have posed this question as bankruptcy question rather than a traffic question.

Baby currently has mom's last name as mother and father are not married. If the father signs the baby's birth certificate, can a judge force...

Question

Baby currently has mom's last name as mother and father are not married. If the father signs the baby's birth certificate, can a judge force the mother to change the baby's name to the father's last name?

Answer

The Court can do that if the father asks for that. A hearing is required. Contact my office for free consultation 727-446-7659

i have committed a crime, but i have been told i can apply for the diversion program. what do i need to do to make this application. i live ...

Question

i have committed a crime, but i have been told i can apply for the diversion program. what do i need to do to make this application. i live in richland county, ohio.

Answer

Usually, provided that you do not have any criminal record, the court should provide you with a packet to fill out. Once the background check comes back, it will then be up to the judge to approve you for diversion.

In what case could a person sue for punitive damages even if the injuries weren't intentional?

Question

In what case could a person sue for punitive damages even if the injuries weren't intentional?

Answer

They cannot in Michigan. There are no punitive damages. They wouldn't be allowed in an accident case anyhow.

If i have the deed to my house do I really own it or does the bank still own it.

Question

If i have the deed to my house do I really own it or does the bank still own it.

Answer

You own your home, but it is probably subject to a mortgage. A mortgage is a lien you have given the bank against your property, granting them the right to take the property from you under certain conditions (default on loan).

Possession of a deed does not mean someone owns the property. Deeds are not like car titles. They do not get handed over, signed on the back side like a car title. Instead, new deeds and other documents are prepared and recorded with the county and someone would have to look at the history of documents recorded to determine who owns the property, who has liens against it, etc. For example, the person(s) from who you bought the property may still have their deed from when they originally bought the property. When you sell the property, you will be able to keep your deed. Your attorney will prepare another deed from you to the buyer. You would then be able to go down to the county, search your property and find a deed from someone to you and then from you to another person. Keeping it at its simplest, assuming there are not any title issues, the last deed governs.

Even should you lose your property in foreclosure, you could still be in possession of your deed. The title will have passed by another deed referred to as a Judicial Deed.

My ex husband, who owes back child support already, has just lost his job in Ct, and filed for a reduction in child support. Can or should I...

Question

My ex husband, who owes back child support already, has just lost his job in Ct, and filed for a reduction in child support. Can or should I file an objection before our court date, or wait until the court date? Are there any good arguments for not reducing the support order? I currently am unemployed and the reduction would be a devastating hardship.

Answer

Wait until the Court date. He is most likely entitled to a reduction. However, he can't get rid of the arrearage.

2 years ago I purchased a sculpture at an estate sale. Now I had it put up for sale and a gallery is claiming that it belongs to them. The c...

Question

2 years ago I purchased a sculpture at an estate sale. Now I had it put up for sale and a gallery is claiming that it belongs to them. The claimant said they last had it in 2006, they never reported it lost or stolen and now almost 8 years later they just claim it's theirs. Both parties are in Florida. Is there not a statute of limitation?

Answer

Yes. It may or may not apply depending upon other facts. What proof do they have?

Answer

If you are bona fide purchaser without notice, you probably have ownership of the property. if they just learned about you they are well within the statute of limitations to pursue their claim.

I fell in walmart in california. I fell really hard on some sort of liquid, I had to call it to their attention. They could see it was in 3 ...

Question

I fell in walmart in california. I fell really hard on some sort of liquid, I had to call it to their attention. They could see it was in 3 different aisles. I filled out a report and took pictures. A few days later I went to an orthpedic dr who took xrays. Nothing was broken, just very painful for about a month. Walmart has agreed to pay my $650 dr bill, but only wants to settle for $1200. I feel their negligent in housekeeping and safety are not acceptable. This happened in november. I went in the store in january to speak with a manager. I spoke with him to get a copy of the report, he told me he would callme. Never heard from him. Went in a few weeks later and spoke with anther manager who stated I did not have the right to the report. I told him by law it was my right to get a copy, he then took me in the back stalled a little more than gave it to me. On the form it states a copy should be given to the customer. There was so much physical and emotional distress. From the fall to trying to get the report from them. What should be acceptable payment, I don't $1200 is acceptable.

Answer

$5000.00

If my child does not live with me anymore can I still sue for back child support that is owed me from when he did live with me.

Question

If my child does not live with me anymore can I still sue for back child support that is owed me from when he did live with me.

Answer

yes

Answer

yes. Use of a lawyer is recommended.

Is there anything i can do? I trusted a friend and put money in an account with only her name on it. Not just a little money. I entrusted he...

Question

Is there anything i can do? I trusted a friend and put money in an account with only her name on it. Not just a little money. I entrusted her with 5,138 dollars.

At that moment in time i didn't want the check to be lost, stolen or just disappear. I did not have an account to deposit this check. The check was a federal tax refund check from my 2011 tax return. My dad has been trying to contact this so called friend of mine, hoping to speak with her in solving this issue. It appears that the money has just disappeared. This so called friend of mine just happens to be with the father of two of my kids. Affinity credit union took the check as a third party check, and then chose to inform me they a federal check can not be a third party deposit. The actual check was for 7,138. I took 2,000 out for personal and Christmas. Can i do anything? This money is/was my lifeline as im now without a penny? I understand that when i signed the check it became her property. But morally. Please help.

Answer

You should have an Attorney contact her for repayment. If that doesn't produce results you will have to sue in Conciliation Court. Any texts or emails re: reason you let her deposit the check?

To counter argument she will make that it was a gift?

Answer

Based on your post, it appears you need to initiate legal action. I urge you to have legal counsel at this time due to the substantial sum of money involved and a complex fact pattern. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Suits Attorney, http://dwyerlawfirm.net

So I've discovered that this attorney (who no longer works for me) has forged my name to three court documents (1) Fee waiver application th...

Question

So I've discovered that this attorney (who no longer works for me) has forged my name to three court documents (1) Fee waiver application that apparently was not filed with the court although she led me to believe it was, 2) Mandatory Settlement Conference Statement and 3) Supplement to clear probate notes -the latter two having been filed with the court). I understand that I can report her conduct to the State Bar and should do so as in addition to forgery she also lied about her experience with Probate matters among other things.

But my more pressing concern is what do these forged documents mean in regards to my on-going court case? Does the court need to be told?

Also, I still have three probate notes that the Judge ordered to be cleared by next Friday, 10/24, as I can't get an attorney to work with me (after they speak with her), what am I to do?

Once again thank you in advanced.

-- signed "Problem Child" :)

Answer

I don't get it. In the case of a fee waiver application that was never filed, how does the forgery of your signature hurt you? It was never filed. The issue should be that a fee waiver was never filed, and get that corrected. I've never had a client's signature on a mandatory settlement conference statement so that does not make sense either.

A supplement to clear probate notes is also vague. Clearing probate notes usually means filing the additional document required to clear probate notes. You don't tell us what that specific document actually was. Clients usually only sign declarations, verifications, and settlement agreements. I can't think of why your signature would need to be on anything else.

I have a question to ask. I just got in the mail today an letter from the Department of Social Service/Child Support Enforcement. It is sayi...

Question

I have a question to ask. I just got in the mail today an letter from the Department of Social Service/Child Support Enforcement. It is saying this

Stacey Kuhar vs. John H Deane

To the person Summoned: The District Manager of this office commands you to Appear at 10:45 AM on 12/17/2013 at the above address to provide essential information for the establishment or enforcement of child support. Failure to appear will be considered contempt of this summons and actions including suspension or non-renewal of your driver's license may be taken by this division to gain your compliance.

This summons is issued by the Division of Child Support Enforcement, Department of Social Service, Commonwealth of Virginia, in accordance with authority granted under 6.2-1903F of the Code of Virginia

the following applies to you

An order for child support and a provision for health insurance will be entered. Enclosed is a financial statement that must be completed and bought with you on the day of your appearance. Include pay records, tax statements, divorce papers, and any other documents that will verify your financial situation, including the monthly cost you will incur to provide heath care coverage on your dependents if it is available to you though your employer or other group-related policy. YOU DO NOT NEED TO APPEAR IF YOU RETURN THE FINANCIAL STATEMENT AND THE REQUIRED DOCUMENTS AT LEAST 3 DAYS PRIOR TO THE APPEARANCE DATE INDICATED ABOVE.

If someone can please explain this to me because I don't know why she is doing this.

She is my son aunt that has custody of him right now became he would not go to school for me or his mother. so the judge gave custody to his aunt. the question I have also does my wife get on of this papers also because it does not say anything on my paper if she did or not. we are not living together so it might not show up like that.

Also If I have a prepaid credit card to send down to my son does that matter if I do that so that why I am showing that I am sending money to him so he can get things.

Also as far as I know he is not going to stay down there that long so I don't know why there are getting involve with this case. unless his aunt is asking for it to help out down there. I did get an message saying that I can send anything that I would like to them to help out so I would like to see if they are just getting things set up or will I have to start paying child support for him why he is down there.

I am going to try to get him back ASAP if I can this was an case that my son was in as a Child in need of service for not going to school.

thank you for taking this and looking forward on your answer on this matter

Answer

Why is she doing this, you inquire, i.e., your son's aunt seeking child support and heath insurance coverage for YOUR minor child whom the court has apparently awarded custody of and who is therefore entitled to receive this support under Virginia law?

The answer is simple becasue she has a valid order for custody and apparently both you as well as your wife are not meeting your respective support obligations under the referenced law and so therefore she has had to enlist the services of DCSE to assist her with theser matters.

And, you had better show up for your scheduled appointment at the District

office with the required financial inforamtion if you want to keep driving your

car and to avoidi other possible adverse actions that could be taken against

you for failing to comply with DCSE's lawful requests in this matter.

Is it possible to structure a business loan for purchase of an existing business so that if the business I buy is NOT as represented, i.e., ...

Question

Is it possible to structure a business loan for purchase of an existing business so that if the business I buy is NOT as represented, i.e., generates far less net earnings, and I default on the loan, I will not lose my home, car and other already existing assets? This has happened to me already. I bought a small business which was far less lucrative than I was led to believe. Fortunately, I did not have a home that could be foreclosed upon to satisfy the business loan, but it was a total sham and I took it in the shorts. I do not want to go through that again. I'm contemplating selling my existing home in Hawaii, moving to Oregon or Washington to purchase another home, and also purchasing a small business. I do NOT want to lose the home if the business does not generate enough to live on and pay off debt service.

Answer

First, acquire the business by creating a new corporation, with the corporation taking out the loan and not yourself personally. If that is not possible, and you can get a loan only by pledging your personal assets, then write the business sales agreement with the seller guaranteeing a certain level of net earnings for a certain number of years, with liquidated damages in the amount of the promised net earnings minus the actual net earnings. Then, if the net earnings do not happen, you sue the seller. Of course, the seller may be insolvent or bankrupt by then. And it is not likely that any seller would agree to that.

At least put in the sales contract that the seller warrants that the business has been earning xxx in net income per year and that the seller is liable to you for damages, if his warranty is untrue.

If I have a 1/6 interest in a house ($600K with $300K mortgage) and my siblings want to buy me out, will I get $50 (600-300 = 300/6) or shou...

Question

If I have a 1/6 interest in a house ($600K with $300K mortgage) and my siblings want to buy me out, will I get $50 (600-300 = 300/6) or should I get a lesser amount ($42.5K) to factor a minority interest, as is being proposed to me.

Answer

If you force a sale of the house, then you would pay commission and title, etc... and you would receive less than $50k. I think $42.5 is a little on the low side, but I think something less than $50k is fair. 8%-10% is the usual cost for sale. Applying that rule, then $45-46k would be a better amount. You should make a counter-offer and hope that everyone is willing to be reasonable. Otherwise tell them you will file a partition action to have the property sold on the open market.

Answer

This isn't really a legal question. On paper you own $50k in equity. If you tried to sell your interest it would be worth very little on the open market because no one will want to buy into your family situation unless it's a steal. So anything between $50k and $5,000 is your negotiating range. From there, it's just a matter of how much can you get your siblings to pay and how much are you willing to accept. Whether you have a minority or majority interest is completely irrelevant to the valuation, by the way. This isn't some corporate take-over where a controlling block of shares may be worth more than the shares individually. Also, historically real estate appreciates and holds value better than most other investments. So if they are going to keep the house and cash you out, you may want to hold out for a premium unless you can flip your cash into a real estate investment.

That is not to say, however, that you don't have legal issues you need to address here. For example, how was the home valued, and have your siblings given you accurate accounting for the balance owed on the mortgage? As a majority block they have a fiduciary duty to you to provide full and honest information. Also, has the house been refinanced or is it under the original loan of the parent or other family member who passed away and left it to you and your siblings? You say you "have" a 1/6 interest in the house. Has it been distributed in fractional shares out of a probate estate or trust, or is your 1/6 interest still in probate or the trust and they are offering you cash in lieu of distributing the property ownership to you at 1/6? You really should spend a few hundred dollars to go over all this in person with an attorney.

We just had a house built. It is in a new development for which the roads aren't completed. The owner of the development put in a gravel roa...

Question

We just had a house built. It is in a new development for which the roads aren't completed. The owner of the development put in a gravel road only as far as where our house is built. We used that road as a guide for where the setbacks had to be. Now that we are converting our construction loan to a permanent loan, we find the house crosses the utility easement. The utilities are underground and already there. The title company says they will insure the bank but we can't close until the issue is resolved. We are waiting on the land developer to call back. How do we resolve this so that if in the future we have to sell we can sell the house with the house being on the easement.This is in Indiana in an unzoned area

Answer

A Q and A forum cannot be of much assistance for your situation. Hire a local attorney immediately.

My sons father is trying to reduce child support. He hasn't had a job in over 3 years. he states he is too sick to work. He has applied and ...

Question

My sons father is trying to reduce child support. He hasn't had a job in over 3 years. he states he is too sick to work. He has applied and been denied for disability. He appealed it and was denied again. He is always buying me son expensive gifts, and just with in the last 2 months bought a new car and two new mini bikes. He says he can no longer afford to pay his support which is 84.50 a week. And he is currently over 3,000.00 behind in support payments. How can I fight this?

Answer

Yes, but it take a lot of work by your attorney.

I am unfortunately fighting a custody battle pro se. My problem is the father's attorney has been just this side of ethical throughout, howe...

Question

I am unfortunately fighting a custody battle pro se. My problem is the father's attorney has been just this side of ethical throughout, however his legal assistant crossed the line by going on a social media page and blasting out very specific yet untrue allegations about me and went so far as to invite "anyone with questions to feel free to contact her". Now I don't know whether to tell the judge or just report her to the disciplinary committee . Also this attorney had been suspended once already for deceitful practices.

Answer

Based upon what you described, you may need to do both. The disciplinary committee only regulates the attorney, not staff. But, the attorney us responsible for the actions of their staff. The Court may only address the attorney's action, (or inaction), as well. You need to take steps to mitigate the damages to you on your relationship with your child. You say that you're chosen to go Pro Se thus far. It may be time to consult directly with an attorney and perhaps retain one.

Good luck

My brother was renting a room in a house in Florida on a verbal agreement, month to month basis. He provided written notice of his intent to...

Question

My brother was renting a room in a house in Florida on a verbal agreement, month to month basis. He provided written notice of his intent to terminate his lease 15 days before doing so, and requested the return of his security deposit upon termination. The head tenant has said that he does not intend to return the deposit and landlord of the property has not responded to his email bringing the matter to her attention. It has been 30 days since the lease was terminated and they have made no damages claim on the security deposit. What courses of action are available to him for recovering his deposit?

Answer

Assuming there is an agreement whereby his security deposit is supposed to be returned, and that assumption needs some additional basis other than the verbal agreement, than he could sue in small claims court for its return. You mention "head tenant" without explanation as to what that means. You mention "landlord" and don't explain what the relationship each of these parties has to your brother. Who holds the security deposit? That is the only party likely responsible for its refund. The interrelationship of the parties needs to be clarified.

Can LAUSD make my child sign a statement without a parent? My son is 8 yrs old and they said he has committed a hate crime and did not call ...

Question

Can LAUSD make my child sign a statement without a parent? My son is 8 yrs old and they said he has committed a hate crime and did not call me until they had him sign a statement. Please help, is this legal?

Answer

This is absurd. An 8 year old can't form the intent to commit a hate crime. Furthermore, school officials lack the expertise or authority to even know what a hate crime is. Any statement that they had a child of 8 sign would be legally very, very suspect. I personally find this conduct outrageous.

I am a 34 year old male... I recently suffered a massive heart attack mostly due to cigarette smoking according to my doctor... Would I have...

Question

I am a 34 year old male... I recently suffered a massive heart attack mostly due to cigarette smoking according to my doctor... Would I have a case against r.j.renyolds for product liability or personal injury. Thanks in advance.

Answer

If he knew that smoking causes heart attacks, I think he assumed the risk. A handful of lawyers might take this case but I wouldn't. I think he did this to himself, knowing ahead of time what the consequences would be.

After I quit my job and filed a wage claim, my ex-boss went through all of my old time cards and changed my 30 minute lunch to 45 minutes. I...

Can someone accuse me of trespassing if they never told me I had to leave the house? And can I get arrested for the result of a lying detect...

Question

Can someone accuse me of trespassing if they never told me I had to leave the house? And can I get arrested for the result of a lying detecting test?

Answer

It all depends on the circumstances. Therefore, provide more information.

Why did you go on the property?

Where on the property did you go?

What is your relationship with the property owner?

Also licensed in New York

I purchased a used 2005 Kia Sorrento from a local car dealer buy here pay here. They assured me the SUV was is great running condition and e...

Question

I purchased a used 2005 Kia Sorrento from a local car dealer buy here pay here. They assured me the SUV was is great running condition and even disregarded my question out a a burning smell. They assured me it was nothing. The very next day I had to contact them about a check engine light and a gas tank issue. I had the vehicle in my posset ion for 2 days and requested to trade for a different vehicle. They told me no and said my SUV would be ready in 2 days. My gas tank also imploded on day 4. I've been without my new used vehicle for 6 days and was informed today that the mechanic made a mistake and chipped a piston now requiring a new used engine to be installed. I've expressed my concern and requested a refund based on the extreme mistake the dealer mechanic made. The sales manager was incredibly rude and disrespectful on speaker phone with me having 3 witnesses to his demeaning comments to me and his refusal to allow me to talk to the owner of the company. I made a $1250 deposit and two $85 weekly car payments. I know there are laws to cover me in this deceiving situation from this dealer. What are my options?

Answer

There are laws to protect you in these situations. More facts are needed and a review of your purchase contract. I suggest you seek a consumer lawyer who handles auto fraud. Go to www.ConsumerLawyerHelp.com for assistance.

what waiver is it that I can sighn saying I cant pay

Question

what waiver is it that I can sighn saying I cant pay

Answer

I assume it is regarding a divorce or family law matter.

There is no "waiver" to say that you cannot pay.

There is a "waiver of service" that states that you received the Petition & that you do not object to the case moving forward without your input.

If you are looking for a legal document look on the free website - texaslawhelp.org

I don't use them but I refer pro se people (people without attorneys) to this site on a daily basis.

I hope this email has been helpful.

www.familylaw4u.com

713-847-6000

Answer

I'm not sure what waiver you refer to. There is an affidavit of inability to pay that you can submit with a divorce petition that asks the court to waive filing fees but the court is not obligated to waive fees. If you are referring to a child support obligation that you cannot pay then unfortunately there is no waiver of your support obligation.

My out of state Brother, landlord is selling the rental I live in has listed it with a realtor here in Calif. His realtor called and asked...

Question

My out of state Brother, landlord is selling the rental I live in & has listed it with a realtor here in Calif. His realtor called and asked if I would come to his office to discuss the rental. when I arrived he handed me a blank envelope. I opened it and inside was letter giving me 35 day notice.I ask him to give me something with his signature showing the date & time I was served. . At that point he became Very Defensive & Refused To Comply by saying Quote: I Did Not Serve You I only delivered an Envelope your brother ask me to give to you. The envelope was blank no postmark stamp or name on it. On the notice my last name is spelled incorrectly in large letters at the very top of the page . My last name is different than my stepbrothers.This is the first he has misspelled my name in 55 years & hundreds of letters . Question Would this be considered a proper service & notice in the eyes of the court. Please Reply ASAP & Thank You For Your Help

Answer

It would help if you told us things like how long you have rented, whether you have a lease, if the lease is for a certain term or month to month and what the notice was for - such as a notice to vacate the premises.

I have been served and ejectment. From my ex-boyfriends and his family. The property is heirs property. I have a son from him who is current...

Question

I have been served and ejectment. From my ex-boyfriends and his family. The property is heirs property. I have a son from him who is currently lives in an apartment while going to school. I have a mobile home which is in my name it has been on the property since 1998. My boyfriend left me in 2012 and I remained on the property two years maintaining the yard area. Florida does not recognized common-law is their any kind of defense for me. There was never a rental agreement,

Answer

No idea what heirs property means. If you are not on the title and you have no lease, you can be ejected. Seek some legal guidance from an attorney with all the facts and explore your options. This is not the forum to get a complete and thorough evaluation. If you have been served you have 20 days to file an appropriate response. See an attorney soon.

Answer

Check the Summons for the length of time you have to respond. Contact a real estate/landlord attorney and get the help you need. If I understand what you are saying about the heir property and how it relates to your son, it may not have any direct impact at this point. typically the property only passes to the next generation upon death of the previous generation.

Good luck.

I have 2 questions. I have belonged to a hunting club in Oglethorpe County GA for the past 2 years. The club president, and I have had some ...

my daughter is doing 5 yrs house arrest for selling suboxone to an undercovered cop. if she violates she is doing 20 max in prison. The prob...

Question

my daughter is doing 5 yrs house arrest for selling suboxone to an undercovered cop. if she violates she is doing 20 max in prison. The probation department forced her to sign papers stating she is to let her doctor tell them anything they do or discuss. did they do something illegal? Can they force you to sign forms stating you have to pay each week 100.00 for house arrest?

Answer

No, they cannot force her to sign such forms. She can go to jail instead if she chooses.

My boyfriend received child support papers to review his child support as the mother is asking for more money. He supports his daughter , ha...

Question

My boyfriend received child support papers to review his child support as the mother is asking for more money. He supports his daughter , has her 99 percent of the time, has her in his insurance, feeds and clothes her. The mother refuses to work and feels she can get more money from him to support her and her other baby whose from a different father. An in my opinion she is unfit, if u only knew. Please tell me she can't get more money from him ??

Answer

If she has a new baby probably yes. He should ask for a find work order in response.

I have recieved two checks and I called the bank where it was from and they said it wouldnt be a problem?. Is there a way a place such as a ...

Question

I have recieved two checks and I called the bank where it was from and they said it wouldnt be a problem?. Is there a way a place such as a store can tell if they are able to cash them?.

Answer

I thought we gave you our best legal advice when we told you not to cash the checks. Why would you feel comfortable cashing checks from someone who did not owe you any money?

I currently have a petition in for custody with my grandson, my stepdaughter lost custody four times. The Grandmother has custody right now ...

Question

I currently have a petition in for custody with my grandson, my stepdaughter lost custody four times. The Grandmother has custody right now and we went to court today after a year and they want us to talk to a mediator next month. My stepdaughter and her mother-in-law who has the current custody do not get along over the last 2 years. I think that is reason for the mediator since the judge did not make a decision today. My question is since this is a problem between the two and my home would be a neutral site, I would like to have my Grandson here, I previously had custody of him before. What do I do and say to make sure I have a shot at custody with the mediator? thanks

Answer

You should hire a laywer, have that lawyer draft up a plan and then execute that plan. Call me anytime at 732/773/2768

Answer

you need a lawyer. give me a call.

if the executor is a beneficiary are they entitled to the executors fee?

Question

if the executor is a beneficiary are they entitled to the executors fee?

Answer

Yes, unless the will says otherwise.

I live in Florida and my husband and I have already filed for divorce (simple dissolution of marriage) and our final hearing is coming up. H...

Question

I live in Florida and my husband and I have already filed for divorce (simple dissolution of marriage) and our final hearing is coming up. However, I just found out that I am pregnant with my current partner's child. What happens now?

Answer

The child will be legally presumed to be the husband's so you final judgment needs to be worded correctly to avoid that, also your husband needs to sign an affidavit of non-paternity.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

[email protected]/* */

www.careyandleisure.com

Answer

You can both stipulate that the child is not your husband's, even though the legal presumption would be that it is. As long as the Final Judgment of Dissolution of Marriage is prepared properly, there should not be a problem. A second issue might be that a Simplified Dissolution may not be available in cases where there is a child. You may be able to contact the Clerk's office to determine how they will deal with the pregnancy.

this I inherited a property along with 3 other siblings can I force them to buy me out if I don't want the property

Question

this I inherited a property along with 3 other siblings can I force them to buy me out if I don't want the property

Answer

You can file an action for partition in the county where the property is located.

Answer

Yes, and the way to do this is by filing a "Bill of Complaint for Sale in lieu of Partition". Usually a partition (ie 4 way division of the property) is unavailable because a house is sitting on it. Even if the property is unimproved by a house, dividing the property 4 ways may significantly diminish its value and a sale would be reccomended.

If you need help in this regard and if 1/4th of the value of the property (your share) is worth it, please give me a call.

Walter E Laake Jr.

301-220-2200

Can the police come into my home bedroom without a warrent and arrest me, when my wife invited them inside and accused me of "huffing" dus...

Question

Can the police come into my home & bedroom without a warrent and arrest me, when my wife invited them inside and accused me of "huffing" duster, which she showed the police officer?

Answer

The short answer is yes. Since your wife lives in the home with you, she has authority to allow the police to enter. If she shares your bedroom with you, she has the authority to allow them into the bedroom. Your defense must be from a different direction. If the contraband was in a common area and not on your person, you may have a defense. You didn't say, but did you confess or claim ownership of the contraband? Please call for representation...708-263-8212

I sent money to a friend in NC 3 years ago (Im in PA) in exchange for services. (no contract, just verbal) These services were never done, s...

Question

I sent money to a friend in NC 3 years ago (Im in PA) in exchange for services. (no contract, just verbal) These services were never done, so I asked for my money back. He told me his business is froze, they are filing bankruptcy and I will not get my money. I have the bank transfer, text and emails that proves he owes it to me, and he says that it is unlikely I will get my money. I dont want to go to court because I would like to avoid traveling (is a 8 hour drive) Any advice will help

Answer

After he files bankruptcy, you should get notice by mail, file a proof of claim form, form on court's website and mail it to the court for filing. You generally don't have to go to court. If there is money in the estate they will send you a check, if no money you may not see anything back.

Answer

Well, has he filed for bankruptcy or not? If he has filed for bankruptcy, chances are you will not get your money back. You need to see if he has filed bankruptcy because if he has then it is illegal to try and collect from him. In such case, you would file a proof of claim with the bankruptcy court (for a chapter 11 or 13 or chapter 7 with assets). Whether you get some money would then depend on whether there are assets and where your claim sits in order of priority.

You did have a contract, albeit verbal and not written. You partly performed by paying (which was bad) and he did not provide the service or product. Problem is you have waited till now.

The statute of limitations is 3 or 4 years in NC (depends on if the Uniform Commercial Code applies; the UCC applies if the contract was for a product and contracts over $500 should be in writing and signed). The statute starts to run from the time breach occurred, which is non-performance of service. Not when you demanded your money back necessarily. If the statute has expired you might be able to get it re-started, but that would require him to acknowledge the debt in writing and make a partial payment on it. From what you have written, that does not seem very likely.

Small claims court covers claims of up to $10,000. I don't see how you can avoid court here (absent a bankruptcy). You would have to be here to file (although the forms are online and you could file by mail).. But you would still have to appear at a hearing. Even if you got a lawyer, the lawyer cannot testify for you. You have to do that.

The other issue is collectability. While getting a judgment has value to it, how are you going to enforce it? Just because you get a judgment does not mean you are going to get paid. A judgment is just a piece of paper filed at the court which says someone owes you money. Whether you get paid or not depends on if he or the business owns assets and if they can be seized or not.

You mention a business. Is the "friend" a business corporation or an LLC? Or a sole proprietor? If a business/LLC, what does the business own or do? If a sole proprietor, what does the owner own and how is it titled?

How much is owed? Under $10,000? And you don't want to go to court so how do you plan on collecting? Are you going to hire a lawyer to send the friend a collection letter? What if he calls your bluff and still does not pay? Are you prepared to pursue legal action? If not, then there is not much point to a letter.

You have not thought this through. If you would like to discuss the specifics of your situation in greater detail, please contact me at [email protected]/* */ Email consults are free.

Barring that, I would find out what county he lives in in North Carolina and contact the bankruptcy court handling that area (we have 3 districts in NC - Eastern, Middle and Western - Eastern half includes cities like Raleigh, Fayetteville and Wilmington; Greensboro is included in the middle and the western district includes cities like Asheville and Charlotte). I would find out whether he or his business has filed bankruptcy and what kind.

If no bankruptcy has been filed and there is no statute of limitations issue, then you can think about suing to collect the debt. The forms for a small claims complaint can be accessed online at www.nccourts.org; you would need the small claims complaint and summons if this is under $10,000. If it is over that amount, then I suggest that you get a collection attorney to assist you.

Getting a judgment is the easy part; its the collecting that is difficult. There is no wage garnishment in NC. As I said, there is value to getting a judgment. Judgments last for 10 years and can be renewed for another 10. Judgments will be listed on his credit report (if he is personally liable) and will prevent him from obtaining credit or refinancing a mortgage so if he cares about this, that may be an incentive for him to pay.

Hope this helps.

Is it possible to get a court order for a paternity test?

Question

Is it possible to get a court order for a paternity test?

Answer

Yes if you bring a paternity action. Tests can be ordered as part of that.

I am renting a single family home and have discovered that the outer walls in the kitchen have no insulation. Our pipes behind the dishwashe...

Question

I am renting a single family home and have discovered that the outer walls in the kitchen have no insulation. Our pipes behind the dishwasher and the sink have frozen twice and I am afraid they are going to burst. My landlord gave me a space heater to run under the sink, but I advised that I will not leave it running while I am asleep or at work due to a fire hazard. I requested that a professional come take a look at the plumbing, but she stated she will not hire a professional due to cost. She stated that it is due to my "neglect" that the pipes are freezing and she supplied a resolution (the space heater). Our lease states that I am to maintain the premises in a safe order, but I believe this goes beyond the scope of maintenance as it is actually a structural issue. I am afraid the pipes will freeze when I am at work and will suffer thousands in damage that she will try to deem me liable for. I am located in PA.

Answer

That a pretty vague lease clause. I wish him luck using it against you.

So how could you be so negligent as to not insulate that wall. (sarcasm)

I do free consults and I'm close.

John

In California, do I have to wait 120 days in the event of a benefiary filing a Trust contest before selling my Moms home. The home is EMPTY ...

Question

In California, do I have to wait 120 days in the event of a benefiary filing a Trust contest before selling my Moms home. The home is EMPTY with a $1,500 mthly house payment with no funds in the account. I am the Trust executor of her living trust & will.

Answer

There is no legal requirement for you to wait if you are administering the trust according to its terms. Be prepared, however, for legal challenges, but you do not have to sit around and wait for those legal challenges.

Once the child turns 14 years old, can they decide if they want to stay with mother or father? I heard that till 14they will have to follow ...

Question

Once the child turns 14 years old, can they decide if they want to stay with mother or father? I heard that till 14they will have to follow what court order says, later they can choose their way. Is that right?

Answer

Children cannot decide until age 18. At age 14, IF one parent files to change custody, the child can file a proposed election, which the judge must consider but in some cases might not be followed.

They called my granfmother that she needs to show up to court with a lawyer? But she dosent know why ?

my original divorce was file in Montgomery county in 2010. through a modification in 2012 I was given sole custody and permission to move to...

Question

my original divorce was file in Montgomery county in 2010. through a modification in 2012 I was given sole custody and permission to move to texas. my ex had no contact with the child for 2 years and is 10,000. behind in support payments and is now trying to bring me to court in Alabama again can I change venue to texas where the child and I live and have lived for the past 2 years?

Answer

Yes. This falls under the UIFSA (Uniform Interstate Family Support Act) or UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

My landlord wants to keep half of my security deposit. I told him I might be moving out two weeks early but I didn't and he told me I had to...

Question

My landlord wants to keep half of my security deposit. I told him I might be moving out two weeks early but I didn't and he told me I had to be out by the 18th of October because he had people moving in on the 19th. I paid him for the whole month of October. I left the place spotless taking 40 pictures to prove it is clean. The lease says that I was to give 60 days notice but I only gave him 5 weeks. Can I sue for the rest in small claims court? If he gives me a check for half can I cash it?

Answer

The question is whether you complied with the terms of the lease. From your post, you did not.The landlord may (or may not) claim more damages from you in a counterclaim if you try to sue. We don't have the lease to see exactly what it says. It may be wise to settle the matter and move on.

I live in N.J. and am co-owner in a home that my brother lives in. I have my own home. I will leave my half to him in my will but don't want...

Question

I live in N.J. and am co-owner in a home that my brother lives in. I have my own home. I will leave my half to him in my will but don't want him to have to pay inheritance tax. What can i do. Thank you.

Answer

If you die and still own 1/2 of the home, it will be taxable in your estate for NJ death tax purposes...unless your brother can prove that he paid 100% for the house. One option would be for you to gift your 1/2 interest in the home to your brother during your lifetime rather than via your Will at death. NJ does not have a gift tax.

I am getting ready to sign a Residential Lease Agreement. The lease states, "Landlord will provide septic service and septic repairs if nece...

Question

I am getting ready to sign a Residential Lease Agreement. The lease states, "Landlord will provide septic service and septic repairs if necessary. Tenant will pay for pumping the septic should it be required." This does not seem correct, as if the septic needs pumping, it could be because of the past tenants as well. What does California Landlord/Tenant laws say about this?

Answer

The law requires the landlord to provide sanitary sewer disposal. The law ends there. Whether the landlord builds that expense and risk of needed repairs into the rent or sets up a separate charge structure as he or she sees fit is up to them. The tenants always pay the cost of repairs and maintenance one way or another. If you don't like the arrangement by which your landlord allocates the expenses, you'll have to find another place to rent.

Can I get arrested for repeatedly text messaging an ex but never used any obscene language or threatened violence?

Question

Can I get arrested for repeatedly text messaging an ex but never used any obscene language or threatened violence?

Answer

Yes if she complains about stalking and harassing.

My husband and I have recently been approached to take part in a docuseries reality tv episode for a major media channel. I am apprehensive ...

Question

My husband and I have recently been approached to take part in a docuseries reality tv episode for a major media channel. I am apprehensive in signing the contract right away before I have someone look at it, the main issues I have being I am not sure what the fair compensation is, if I can still conduct my business normally (there's a clause with no merchandising/public appearances for 9 months following filming, I am a photographer!) and other items in here that I obviously don't understand the language for. I am looking for some guidance!

Answer

It would be difficult for a lawyer to assist you on compensation, unless they were well experienced in this particular line of work, which I am not. Being an experienced business lawyer, I and similar lawyers could assist you in the legal/contractual issues. I am located in Dana Point in south Orange County, however, we could communicate by email.

We grounded and took away almost all privileges of our 17 year old daughter. She didn't want to be grounded so she ranaway to her biological...

Question

We grounded and took away almost all privileges of our 17 year old daughter. She didn't want to be grounded so she ranaway to her biological dads house.

He is not sending her home to deal with her problems. We have a joint custody order in Texas that names me her mother as the custodial parent.

Do I have any legal recourse that says that he can't keep her from me or allow her to stay with him?

Answer

File an application for a writ of habeas corpus. The only issue is who has the right to have the child in his possession - there's no "best interest" test.

what is the procedure for a child's custody to be given to a non-parent relative

Question

what is the procedure for a child's custody to be given to a non-parent relative

Answer

That depends on whether the parents agree or not. Totally different procedures if by consent or over parents' objections.

What are my future options in getting my permanent residency?I entered the US with the H2B visa in 2005. The visa was issued for 6 months an...

I have been married 2 and 1/2 years and now we are filing for divorce. We have no kids together. Is he entitled to get some of my retirement...

Question

I have been married 2 and 1/2 years and now we are filing for divorce. We have no kids together. Is he entitled to get some of my retirement 401K money? Also, the house is under my name only and purchased while we were living together but not married. Is he also entitled to that? The house value is less than what I owe.

Answer

Everything can be negotiated. However, unless he agrees otherwise, the portion of the retirement account earned during the marriage would clearly be marital. He probably isn't entitled to anything re: the home. Even if he was, since it has a negative value, it should be a non-issue.

Schedule an in-office consultation with an experienced family law attorney.

Answer

1. The house is non marital property and is yours.

2. he gets 1/2 the marital portion of the 401k based upon the 2.5 year marriage, a small amount not half of the whole thing.

Answer

Your spouse would be entitled to one-half of the value of the 401K that accrued during the marriage. The home would most likely be considered non-marital property.

In Virginia, for a civil case, if a person has several chronic physical health and mental health conditions that make it very difficult to b...

Question

In Virginia, for a civil case, if a person has several chronic physical health and mental health conditions that make it very difficult to be in highly stressful situations (i.e., a courtroom). Can that person be excused from appearing at a hearing due to health problems and for the case to go ahead as scheduled? If so, how is this done?

Answer

No, I cannot imagine such a person successfully prosecuting his

or her civil claim in the appropriate court without ever having to personally

appear in the matter before the trier of fact.

I have a 3 yr old daughter with my husband. He has 2 daughters from a previous marriage (15 and 17). Last yr the 15 yr old decided she wante...

Question

I have a 3 yr old daughter with my husband. He has 2 daughters from a previous marriage (15 and 17). Last yr the 15 yr old decided she wanted nothing to do with us and has been at her mother's since. Last August, the 17 yr old decided the same thing. They claimed feeling "unsafe" in their father's presence (even thought they have admitted that he has never hurt them; they just think he might some day). These girls have been very hateful toward their father and have said many mean things about him on facebook as has their mother. Because of the hatred of their father, we did not want our youngest daughter to absorb their hatred. We offered joint counseling to reintegrate into seeing the 3 yr old once we were sure things would be ok and they would not let the 3 yr old see any of their hatred. They refused. Their mother filed with the court to let them see the 3 yr old and a few other things. Then she modified it and took out the part about visitation with the 3 yr old. The judge ruled that the older girls will be allowed visitation at least once a week up to 3 hrs not in the presence of the father. The judge said they could take the 3 yr old to a friends house of the girls choosing or at the father's home as long as he was not present. Alternatively, they could drive her to an activity. First of all, as the 3 yr old's mother, do I not have any say in who sees my daughter and who does not? How can the judge rule on this since it was taken out of the motion before the hearing? Also, Kansas does not have a statute for sibling visitation so how did he even rule on this in the first place? Should we appeal? And if we do appeal, what are the chances of getting a different verdict? Don't get me wrong, I would love to see the entire family get reunited, but I think there needs to be some family counseling first to make sure that their anger does not get transferred to the 3 yr old.

Answer

Your husband needs to ask the judge tovreconsuder tgat part of the Order,uf there us still time. If yoy were not made a oarty to their Motion, yiu can ask anither jydge (ir tge appelate ciyrt) to Stsy tge executiion if that Order, until you are heard.

Good luck

I have sent the government wrong address information on an asylum, and now it conflicts with another form that I plan to send with the corre...

Question

I have sent the government wrong address information on an asylum, and now it conflicts with another form that I plan to send with the correct addresses how can I fix this?

Answer

File form AR-11 for a change of address.

See: uscis.gov. Click on "Forms", then "AR-11". You should be able to file it electronically.

I filed chapter 7 on Aug 5 to stop my home from being sold on Aug 6 in foreclosure. Around September 5, my bankuptcy case was dismissed and ...

Question

I filed chapter 7 on Aug 5 to stop my home from being sold on Aug 6 in foreclosure. Around September 5, my bankuptcy case was dismissed and voided. Meanwhile my house was sold on Aug 6. #1 Was I under any protection on Aug 6? #2 Was the sale legally held on Aug 6? Even though my case has been dismissed, was I proteted until then?

Answer

Maybe. Maybe not. It depends on facts we don't have, and you did not tell us. How many cases have you filed? What orders were entered in the BR case? What do you mean the case was "voided?" The one person who knows is your BR lawyer.

Answer

Maybe. Maybe not. It is almost impossible for a chapter 7 to get dismissed, so I assume you messed up very badly. It is almost impossible to do a chapter 7 right without counsel. If you had counsel, call him. If you didn't, you need counsel. You may or may not have been under a stay, and no one who has not seen the docket will know.

If a person get caught with an illegal firearm can that person say its someone else's own will That persone be charge

Question

If a person get caught with an illegal firearm can that person say its someone else's own will

That persone be charge

Answer

Your phrasing is confusing, but a person can say whatever they want. Whether the police and ultimately a jury believes it is another story.

we have filed papers for adoption of our granddaughter in dawson county ga. we were advised to also file a rule nisi with the court. where c...

Question

we have filed papers for adoption of our granddaughter in dawson county ga. we were advised to also file a rule nisi with the court. where can I get this form?

Answer

Adoption law is so complex that less than 5% of lawyers know how to handle one, so it is almost 100% certain that you will fail or experience long-term frustration with a pro se case (especially if you don't know how to do the single simplest step in the case - the rule nisi setting a court date). You will hit many more problems, as adoption is FAR more than forms. And some of the forms you HAVE to have CANNOT be obtained by a non-lawyer (for instance, the putative father registry check has to be done by a lawyer as the state will not respond to one from a non-lawyer). Note that a single missed word can derail a case. Even experienced adoption attorneys tend to have some back and forth with the judge's law clerks to tweak paperwork. Please do NOT file a case without a lawyer. Stop and go see a lawyer. This matters way too much to not do this. If the child were sick, would you do the child's surgery and avoid doctors? So why would you expect to successfully handle a specialized field of law so difficult that when non-adoption attorneys adopt, they hire adoption lawyers? Please take this advice. It would be so tragic to get midway in what should be a joyous case and find that your missteps had sabotaged it. Good luck!

Answer

I concur with Mr. Ashman. You need to get an attorney.

Hello,I have a question about a name change. I filed a request to change my name, in California (I believe it was either the West LA or Sant...

Question

Hello,

I have a question about a name change. I filed a request to change my name, in California (I believe it was either the West LA or Santa Monica courthouse) over a decade ago. I was granted the request, and I sent out the required notice to the newspaper and/or public record at the time (I cannot remember exactly which one, but I followed the orders of the Court at the time).

However, after I was granted the name change, I never got around to changing my tax records, social security number records, DMV license, or any other legal records associated with my legal name. My job got incredibly busy right then, and I never took the time to make these changes anywhere, and so I continued on, receiving my paycheck with my previous name, and carrying on as if I had never received the name change at all. The only place where I used the new name was to copyright a video product that I created, and by searching the copyright records today, I see that the new name is still displayed with that copyright.

My questions are:

1. Since I have continued on using my old name for over a decade, is *that* actually my legal name still or is my new name what I should be using?

2. I have tried to Google for my old name + new name + name change to see if it is listed anywhere, and I cannot seem to find it. Should I instead go to lasuperiorcourt.org and pay for a 'Party Name Search'?

3. I now plan on starting a business with the product that I copyrighted with my new name, that I mentioned above (even though the business license in California that I obtained at the time to sell the product is using my old name). Will it be confusing for potential customers or anyone else if I continue to use my old name, as I have done for 10 years? Given that I cannot find my name change anywhere online, does that mean other people would not be able to? In other words, if anyone can find out that I have changed my name, by perhaps searching records somewhere I have not, is it a better idea, to eliminate confusion, for me to adopt my new name going forward, or is it less confusing if I carry on with my old name as I have done for the last decade?

Thanks for your help!

Answer

Your name change is with the court. It would not appear online unless the page online had a listing for you with the new name. If you want to use the new name legally, you should get certified copies of the decree changing your name from the courthouse and submit them to the proper agencies.

I received a letter from a collection attorney about an "I owe you" letter. It is written on a piece of notebook paper saying "I owe you $18...

Question

I received a letter from a collection attorney about an "I owe you" letter. It is written on a piece of notebook paper saying "I owe you $18,000" and my signature from before I was divorced (filed for divorce in 2003 and divorce was final in 2008 - went back to my maiden name).

There are no dates of when it was written or when it is due, no payment plans and no name of who it's owed to. Am I liable to pay it back? Should I get an attorney?

Answer

Get a lawyer very soon?

Good luck

Live in California, seperated from my husband, have not been served with divorce papers yet. I want to visit my boyfriend in Colorado for 4 ...

Question

Live in California, seperated from my husband, have not been served with divorce papers yet. I want to visit my boyfriend in Colorado for 4 days for my birthday. I have a 3 month old child that is my husband's child and he says I cannot take the child out of state without his permission. Is this true? I'll only be gone for a few days, can I take my child with me?

Answer

Unless there is a court order precluding you from taking the child for this limited visit, your child is free to go with you. Be sure to give your ex specifics on how he can reach you while you are gone.

Answer

I disagree with Ms. Kock. If you have been served papers, then you cannot remove the child without his agreement or a court order, because the Automatic Temporary Restraining Orders are in effect, which are listed on the Family Law summons. You mention you have not been served, but I am curious as to whether or not a divorce has been filed yet, and whether or not you are evading service.

On Saturday, October 19, 2013 my fiance died in our home. After the corner took his body, the police arrested me for warrents I had. I wad r...

Question

On Saturday, October 19, 2013 my fiance died in our home. After the corner took his body, the police arrested me for warrents I had. I wad released today and came home to find our whole house is being cleaned out by his relitives that the landlord gave them the ok. Most of our belongings have been thrown away. What rights do i have? The rent is paid untill the first and i do recieve mail.

Answer

You can sue your landlord for constructive eviction, conversion, and ask for punitive damages.

I have been paying on a home for 5 years under a rent to own contract! Mortgage is $250, insurance is $85 each month plus I am responsible f...

Question

I have been paying on a home for 5 years under a rent to own contract! Mortgage is $250, insurance is $85 each month plus I am responsible for repairs and taxes. Last week I lost house to a fire, as insurance steps in, the the owners I was paying stated the contract expired in July and I am no more than a renter! Yet they have continued to charge me insurance, or give me any kind of notice as to expiration! And I didn't realize it as well! I believe they are doing this out of greed! I have replaced several large repair needs, (water heater and furnace) within the last 2 months! Also I payed payment 2 days before fire to which they haven't offered a refund, and I paid property tax 3 days before fire! House was a total loss! Am I screwed outta my investment??? Help!!

Answer

It sounds like you may be owed money from the insurance proceeds. You need to consult directly with a civil practice attorney in your area. Let then examine the documents relating to the lease purchase agreement, and the improvements you made to the house.

Good luck

If a birthdate is not correct on a marriage license is it legal

Question

If a birthdate is not correct on a marriage license is it legal

Answer

Yes, it is.

Can the police come in my house and take a joint from me an charge me on a later date

Question

Can the police come in my house and take a joint from me an charge me on a later date

Answer

Yes, the charge can be sworn up to the limit of time fixed by the statute "Limitation of Actions" commonly known as the "Statute of Limitations."

For a misdemeanor simple possession of marihuana, that's one year from the date of the offense.

If I want to move my child from Pennsylvania to alabama, do I have to get her father's permission beforehand? There is no custody agreement ...

Question

If I want to move my child from Pennsylvania to alabama, do I have to get her father's permission beforehand? There is no custody agreement and he sees her maybe once every 6 months. He does pay child support, but he has no stable living situation, car or money to take care of her. What do I do?

Answer

You should file a petition but there is more information needed. Call me at 215-370-2608.

No charge

My 17 year old dgt was caught shoplifting with her (2) 15 year old friends at walmart 96 dollars worth of merchandise. She was advised to pl...

Question

My 17 year old dgt was caught shoplifting with her (2) 15 year old friends at walmart 96 dollars worth of merchandise. She was advised to plead not guilty. Does she need a lawyer being 17 years old and a 1st offense? i do not want to pay for a lawyer if her outcome is going to be the same regardless.

Answer

It would be helpful to know where n Pennsylvania you are located. It makes a difference.

The question is should you get a lawyer:

I'll assume that this indeed her first offense that she has no experience dealing the police or the DA. I can tell you it's not their first rodeo. .

But will having a lawyer do any good. Depends Has you daughter made any statements to the police? Is she being charged as an adult? What about the 15 year olds?

s there a possibility of ARD?

I think you should at least call a few lawyers.

John

Im seperated from my husband if we haven't divorced by the time I retire, is he still entitled to half of my pension?

Question

Im seperated from my husband; if we haven't divorced by the time I retire, is he still entitled to half of my pension?

Answer

Under Pennsylvania law, a party to a divorce is entitled to share in all marital property. "Marital property" is defined as all property, both real and personal, acquired, earned, or purchased by either party during the marriage up to the date of separation, except for gifts, devises, bequests, and inheritances which are considered the sole, separate property of the recipient spouse. Therefore, each spouse is entitled to share in the other spouse's pension which was earned during the marriage up to the date of separation.

Pennsylvania is an "equitable distribution" state. This means that the spouses will "equitably" share in all marital property upon divorce. But, "equitable" does not necessarily mean equal, so if the parties cannot agree on a division and ask the Court to divide the property, the Court might come up with a 50-50 share, or 55-45, 60-40, etc., whatever the Court deems "equitable" under the circumstances of each case.

Best of luck,

Is it legal to be fired from a position for being there for so many(15) years? and to know they are still keeping your position available, j...

Question

Is it legal to be fired from a position for being there for so many(15) years? and to know they are still keeping your position available, just filling it with

someone younger.

cheaper salary. less vaycay days. harder hours.

and be offered payment for about 6 months after the lay off date for the "inconvience"

this doesnt sound legal because theyre doing it in favor of their business making money. if this happened people would be retireing so early and unemployment would be insane

IS THIS LEGAL?!

Answer

Unless you have a contract Pennsylvania is an at will employment state. An employer can terminate you at anytime. Likewise you can leave at anytime. There are some employment discrimination laws that may however give you recourse for such termination. If you were fired and it was not for cause of course you can get unemployment compensation. if you were terminated due to age discrimination and not for a valid reason then you may have a claim. i would suggest you meet with an attorney to discuss this as well as any offered payment.

In the state of kansas if my dad died and had no will but im his only daughter and he has a wife and his buisness in his only his name then ...

Question

In the state of kansas if my dad died and had no will but im his only daughter and he has a wife and his buisness in his only his name then how does that work?

Answer

Assuming the facts as you describe them, the decedent estate would be divided between you and your stepmother. You need to consult directly with a probate attorney, as to the particulars.

Good luck

My ex wife and I have been divorced for 8 yrs ( May 2005). We both reside in Michigan. We have a high conflict divorce and we do not agree o...

Question

My ex wife and I have been divorced for 8 yrs ( May 2005). We both reside in Michigan. We have a high conflict divorce and we do not agree on much. We have two children ages 10 and 15 yrs old. I had every other weekend from Friday at 6pm until Sunday at 6pm and Thursday evening from 4 to 8pm for my parenting time. I have also had alot of extra parenting time with our kids due to my ex wife traveling out of town for work. We have the right of first refusal in our original divorce agreement and that has not changed. My ex wife kept our same residence that our kids were born into. After our divorce, I bought a new home in 2006 within a mile of her residence. At the time of our divorce we agreed on her having sole physical custody and we have joint legal custody. But, in the last few years, I have been back to court several times to try to get more parenting time with our kids. Finally, in May of 2013, the court gave me additional parenting time which is adding every Wednesday and Thursday overnites to my every other weekends. Also, recently her lawyer ask for a parenting time coordinator to handle all of our parenting time disputes. This motion was granted by the judge and an order was entered. I have always tried to get a week on/ week off parenting schedule and my ex has been against this. Both of us can accomodate this schedule. Our parenting time coordinator is leaning toward a schedule that offers equal or very near equal parenting time. Now, my ex wife has decided to sell her home (which she recently did) and filed a motion for a change in domicile to move about 35-40 miles away and change our kids schools. Our daughter is open to this but our son, who is the 10 yr old, is not. He wants to stay here where all of his lifelong friends are. Both kids are doing great in their present schools and community and always have. If this happened, I would no longer be able to get our kids off to school on Wed and Thurs mornings where they would be going to school. I believe that she is doing this to pull our kids away from me and disrupt my parenting time with them. She has told our kids that she wants to be closer to her boyfriend of 3 years and the schools offer more. What rights do I have that can help me to keep our kids here in their current school system? I believe that I have a strong custodial enviroment in my home established as well. I attend their school conferences and functions. I have coached their sports teams. I participate in their lives in every way and almost everyday.

Answer

You should start by investigating the proposed school district and compare the two. Also, as long as the move is not greater than 100 miles she does not need to seek an order from the court unless there is a provision in your judgment that compels the court's blessing first. I would need much more information to asses the probability of the court blocking the move.

Based on the limited information you have provided one angle could be her desire to "shack-up" with the boyfriend is the primary purpose for the move and not in the best interest of the children. Even if you are unsuccessful in preventing the move you may be able to "tweak" your parenting time to minimize the potential erosion of your bond with the children. Feel free to contact me to discuss in much greater detail.

My husband signed for his ex step son the buy a car in Georgia the son went to Texas in it and made payments for a while, then he stopped th...

Question

My husband signed for his ex step son the buy a car in Georgia the son went to Texas in it and made payments for a while, then he stopped the finance company repossessed it, They let my husband catch up the payments and pay the fees and then we went to Texas to pick it up. My husband has two more payments on the car. How can we get the ex step sons name off of the title. The title does not say and & it does not say or on it.

Answer

You will need to have the step-son sign it over if he chooses. Names are not simply removed from titles.

Answer

You can't, unless the stepson signs it over. In fact, it was likely improper for your husband to get the car at all. Being a cosigner is dangerous and foolish - you get ALL the liability and NO protection, and people need to NOT cosign debts unless they want and expect to pay them.

Does a trustee of a trust need to give a Beneficiary a copy of the trust bank Statements if they ask for them.

Question

Does a trustee of a trust need to give a

Beneficiary a copy of the trust bank

Statements if they ask for them.

Answer

The trustee is obligated to provide the beneficiary with a full accounting of the trust, so any trustee who would like to make things easier for himself or herself will promptly provide beneficiaries with any of the information that would be part of the accounting, including account statements.

Answer

Yes.

a tree fell on me at my daughter apt while I was visiting are they responsivle the tree was rotting and then after it feel they came and cut...

Question

a tree fell on me at my daughter apt while I was visiting are they responsivle the tree was rotting and then after it feel they came and cut it down but they say their not liab

Answer

Based upon the facts presented, it seems they would be liable. However, if you were not injured, then your claim would not have any damages, which is a requirement for a lawsuit. I would be glad to give you a free consult if you call me at 1.877.505.injury.

Answer

Hopefully, you took photos of the tree in question... injury would be required... if you were hurt, I'm more than happy to meet with you for a free consult...

Answer

More information is needed to properly assess this case. Contact a personal injury lawyer or call us at 323*782*0099.

Answer

If you or anybody was injured, I would be happy to give free advice, without obligation.

There are several important questions that I would need to have answered, such as did the tree owner have actual notice of the tree rotting or should he/she have known if he/she had made regular inspections of it?

My number is (877) 236-4536 and you can call me until 10 PM, seven days and nights a week.

Ben Glen

my grandfather passed and he had a verbal agrrement with the people he was buying his home from and my aunt is trying to take over everythin...

Question

my grandfather passed and he had a verbal agrrement with the people he was buying his home from and my aunt is trying to take over everything and she hasnt filled for letter of ami. of estate and i talk to the landlord and they do not want her to stay there because she has no job and cant continue the agrrement with no job my father is in jail so he cannot eather that landlord wants me to continue the agreement an have he removed. would i still need to file for letter of admin, of estate of no being it was a verbal agreement he also has a note a bank on a truck and boat which neither my father and aunt can pay for how would i need to go about seeing if i could take up payments so everything he worked for want go down he drain

Answer

Your post is not clear at all, but if the question is whether a verbal agreement to purchase a house has any legal validity, the answer is no.

Answer

Your posts is unclear as you ran several sentences together but it is impossible to have a verbal agreement as to buying or selling land, so there is no agreement. As for your other questions, see an estate/probate lawyer to determine what you can or should do (as a granddaughter you may have no interest at all in the estate).

I met with an exterminator and gave him a check for half down to do the extermination the following week. He did not provide me with a writt...

Question

I met with an exterminator and gave him a check for half down to do the extermination the following week. He did not provide me with a written estimate or any details about the work to be done, saying he would email them to me. After he left he would not return my calls. I emailed and called him requesting these items. After 4 days of unanswered emails I told him not to come, that I would find someone else to do the work, and that I would stop payment on the check. Today I received a letter from PLS Check Cashiers saying they were Holders In Due Course and that they were suing me for the $258.75 the amount of the check plus fees. I paid $20. to my bank to stop payment. There was no work completed. Do they have any legal recourse against me?

Answer

Talk to your personal banker. I could help you with this but unfortunately, your legal fees would likely exceed the amount demanded. Your recourse is against the exterminator. Call me if you have any questions. Good luck!

The Law Office of John Burton, PLLC

John Burton, Esq.

(602) 617-8516

[email protected]/* */

Is there a required by law time frame for FL employers to hold an employees job while they are out on long term disability?

Question

Is there a required by law time frame for FL employers to hold an employees job while they are out on long term disability?

Answer

Did you take FMLA with your disability? How long are you out for and what is the disability? With some of these questions answered I might be able to give better guidance.

Landord had a new oven installed. She was not present to inspect the delivery and installation of the oven. The oven door was broken when I ...

Question

Landord had a new oven installed. She was not present to inspect the delivery and installation of the oven. The oven door was broken when I received it. I told the property manager. He fixed it himself. When I moved out landlord said I broke it and need to pay for cost of entire oven. Now she deducted that cost from m y security deposit. Am I liable to pay the cost?

Answer

Take the landlord to the small claims court.

Answer

I would sue and call the property manager, you may send a letter first...

went through a divorce final decision judge awarded me the House Majority timeshare for the children and gave the ex wife 30 days to move o...

Question

went through a divorce final decision judge awarded me the House Majority timeshare for the children and gave the ex wife 30 days to move out wife is still in the house can I get in trouble legally

Answer

No. If she has not moved out then file a motion to evict her. Contact my office for free consultation. 727-446-7659

If on probation/parole and asked to supply a urine sample if it is being sent to a lab aren't you supposed to sign/initial a form/label veri...

Question

If on probation/parole and asked to supply a urine sample if it is being sent to a lab aren't you supposed to sign/initial a form/label verifying (basically) that it is your urine and you know/are aware of it being sent to a lab?

If you're p.o is sending your urine to a lab aren't they suppose to inform you that it is being sent off?

If you did not sign/initial a form of release or labels can they act on any results they may get on your urine?

How can this issue be resolved?

What actions should be made to go about this situation?

Answer

It isn't readily clear why you listed these questions under the term "Legal Malpractice." Do you feel that your private counsel failed to address issues with your UAs? If, instead you're wondering if a positive result in a test for prohibited substances can somehow be eliminated because you did not sign an affidavit, the answer is yes. You or your attorney will need to Move the Court to disallow the previous test, and order a new test. That may not prevent the PO from seeking to have you found in violation of your probation terms, It just provides grounds for you to contest the finding of a violation. Ir might require you to pay for the second test out-of-pocket.

If this an issue or Parole rather then probation, the analysis is different, and there aren't enough facts here to determine the best avenue.

Good luck

We live in Sarasota county and are considering selling our condo, directly (without the use of a realtor)to an acquaintance. We own the cond...

Question

We live in Sarasota county and are considering selling our condo, directly (without the use of a realtor)to an acquaintance. We own the condo outright (no mortgage). The acquaintance indicates that the transaction will be in cash. Can you tell us what legal activities need to be done to complete this deal, give me an estimate of legal and closing fees and recommend possible lawyers.

Answer

You need a written contract. Buyer will need to order a title policy and an inspection.

Atty fee may depend on purchase price, but about $750.000

If an exempted secured debt becomes unsecured 2 yrs after the bankruptcy discharge notice can it be collected?

Question

If an exempted secured debt becomes unsecured 2 yrs after the bankruptcy discharge notice can it be collected?

Answer

Once a debt is discharged, it cannot be collected. All collection activities must cease. If you return secured property, then any deficiency is an unsecured debt.

If you have more specifics, I can respond more specifically.