Michigan sex offender registration act to impose saction for non-compliance to visiting resident of neighboring state where no supporting law exisits in the neighboring state.'
You are governed by the SORA requirements in your home state, nor each neighboring state you visit.
According to recent alimony law in Massachusetts, people married between 15 and 20 years have a maximum pay period of 80% of marriage. My boyfriend was married 15+ years. The court is suggesting people in that category file for dismissal 9-1-15. By that date, he will have paid longer than 80% of marriage. What are his options?
If there is some other "material change in circumstance," (incomes significantly different, health issue, cohabitation, etc) he can go in earlier to ask for alimony reduction or termination. But the dates in the statute for modifications based on only on term limits are usually adhered to.
I have invested 10k in a private company that is suppose to be going public. However, it has been 6 years and they still haven't went public "insert any number of excuses here" and continue to tell me they are working on it. They claim to be making millions of dollars a year. What is the best course of action to take in getting my investment returned to me? Do I threaten to sue and hope for the best or do I need to hire an attorney and sue the company?
Thank you,
We need more information: How exactly did you invest in the company? Did you receive any stock certificates? Were you made a partner? Are you on a board of directors? Is there any written document stating what your rights are? Did you even get a receipt for the $10,000.00?
I recently purchase a home and was not disclosed the previous owner was a smoker. What can I do? I have an 18 month old and I am afraid of the third hand smoke! Very concern.
I have never heard that "previous owner was a smoker" is a required disclosure. The smell from tobacco use should be detectable upon entry and inspection of a for-sale property. I think the solution is to have the carpets shampooed and the walls and ceiling washed. You could try asking the seller to pay for it, but I don't think there is any legal requirement either for disclosure of smoking nor to pay for clean-up.
I live in NC and have recently entered into a realestate agreement to sell a piece of land. My wife has changed her mind about wanting to sell the property and has said she will not sign anything to sell the land. She is not on the Deed. Can she keep me from selling the property?
Yes, if you are married, no title company will insure/certify the title when a spouse doesn't sign off due to old family law/inheritance law issues this creates.
So technically the answer is she can't keep you from selling it but by refusing to sign, most people will not buy it since the title insurance company will require her signature.
- Jeff
My friend has been building a house for the last year. The original completion date was supposed to be 4 months ago. She recently received a move in date of the 19th of this month. When no work had been completed in the past 5 days, she questioned the Contractor about the status of the project. His response was a text that said she is banned from the property until it is completed and he has changed the locks. She owns the property and the construction is being paid through an established bank account via draft. Is it legal for him to lock them out of the house?
Absolutely not.
Received notice in Sept that a creditor had filed for entry of default. I never received a summons so I requested the following from the court clerk:
1. The Summons
2. The Complaint
3. Proof of service for the summons
4. Proof of service for the complaint
5. Supporting documents for request for entry of default
I just received documents that indicate that the creditor took the appropriate steps in filing the case but did not take the appropriate steps in notifying me i.e. substituted service stating they served my roommate (I live alone and do not have a roommate) and they did not send or mail me copies of the summons left with "roommate".
I pulled up the case summary on the court website and looks like there is a hearing scheduled on 09/14/2015 at 08:30 AM 3.740 COLLECTIONS-DEFAULT JUDGMENT.
Since I was unaware I was served, do I contest for improper service or respond to the default judgement (if that's even an option, as it's been over 30 days as I was unaware of a case against me) or wait for the hearing? If I wait for the hearing, would I be able to defend my case (with represenation, of course)? Or would the hearing be simply process for awarding the default judgement due to my lack of response?
In hindsight, I should have seeked counsel when I received the notice in September but wasn't sure it was necessary as I was unaware of a case against me. I now want to be prepared, but curious about the recommended next step and how immediate action should be given that the next hearing is in 2015. Not looking to procrastinate but if I've missed milestones in defending myself, then I would take that time to save money for the default judgement if it is inevitable versus spending on counsel if the point is moot.
If you contest that you were served, you should file a motion to vacate the judgment laying out why the proof of service cannot be true. Creditor's do this kind of false filings all the time and your judge will probably be sympathetic.
How much is the debt? If it is substantial, hiring an attorney would be appropriate. If it is not much, you can probably call the creditor attorney and tell them that service was incorrect and that you intend to file a motion to vacate. Perhaps they will agree to vacate on their own if you can agree to a payment plan for the debt.
However, if the debt is old and they waited more than 4 years from the last time you acknowledged the debt, be careful talking to the creditor attorney. You may be able to successfully defend the debt on a statute of limitations claim.
If all of this sound confusing, hire a local consumer law attorney.
Yes you need to do soemthing and soon. The 2015 date is a control date for the court and the last date for the plaintiff to obtain the default. You need to file a motion to set aside the default and a proposed answer. If you do not do so the next thing you will receive is the notice of entry of judgment. Call our office for help or look for someone in your service area to work through this. NACA has some great attorneys that can help as well.
Good luck.
Mr. Simons is correct, that date pertains to a California Rules of Court rule that calls for dismissal of a collections case if a default has not been entered. Since they have filed a request for entry of default, that hearing will never happen unless they fail to submit a judgment for entry against you. That is just the latest in a series of mistakes you have made due to not understanding the law or civil procedure. You are up against, if not past, the deadline for filing a motion to vacate the default. You need to get off your computer and call a lawyer. If the amount in question doesn't warrant hiring one to handle the matter with you, you still obviously need to consult with one about what to do and how to do it before it is too late.
My boyfriend and I have been living together for 3 years. I would like to add him as a dependent under my health insurance. A legal document from the state of Georgia must be on file recognizing our civil union/domestic partnership. How do I go about obtainig this document? (This is not a same sex relationship.)
Georgia does not recognize such partnerships. There is no such document in this state.
The document is a marriage license and certificate.
my ex employer stated that I took money from his business, we signed an agreement to repay, which I did, it did take a few years, can he still press charges against me?
In California, a private party can complain about criminal conduct to law enforcement, but the private party has no say or decision in whether or not criminal charges are filed. California law is clear that the discretion to file charges is left with the District Attorney.
So the issue is whether or not criminal charges can be filed by the District Attorney after the passage of time, which involves the statute of limitations. It appears that the underlying statute of limitations is the four (4) year statute set forth by Penal Code section 801.5.
I agree with Mr. Roach as long as the amount stolen was over $950.00. If it was under $950.00 the statute of limitations is one year. Other factors may also affect the statute of limitations. If you are afraid of being charged you should consult with a criminal defense attorney.
when i bought my home my husband listed his name real name ending in Jr.. We are now divorced and he has signed all legal papers with a fraudulent new name ending in the (3rd)III. Is this legal?
He can use any name he wants UNLESS he is creating a fraud. It is not fraudulent alone to change or use a different ending to his name. To properly transfer property listed as Jr. he would need to sign Jr. now known as III.
I recently ordered and paid for boat engine parts in the value of $3,000. When the parts were delivered the shipment was incomplete and I was told some parts were unavailable and would take 2-4 weeks to obtain. I subsequently found out that it was going to take 6+ weeks. I found replacements for the missing parts immediately available from another distributor but am now being told that if I don't buy them from distributor #1 they won't accept the items back ($1,000 value) and I will be charged a restocking fee of $200 even if I buy the replacement items from them. Since the order was delivered incomplete to begin, and the wait time (2-4 weeks vs 6+ weeks) was misstated, I feel distributor #1's behavior is unethical at best, and probably illegal too, under restraint of trade law. What should I do?
Without knowing the specific terms of your purchase order, I don't
see how a reliable opinion could be offered to this question.
If my daughter and son in-law gave me a car for my birthday 7 years ago then got a divorce with the title in his name can he legally come and take the car from me?
If the title is in his name, then he legally owns the property and can retrieve his property.
My siblings and I had a trust for 600,000.00 with an added insurance policy for 1 million...the trust has be dissolved and our take was just 20,000 for each of the six beneficiaries. It states in the trust if we feel the trust was mismanaged by the designated trustees we can sue.....is that still possible now that it has been dissolved? We got a mere 20,000. It is not the money that is an issue it is the people who were trusted to manage it for us...a lot was put into stocks without the permission of the beneficiaries and was lost...Do we stand a chance to get any of this money by suing?
To properly answer your questions, we would like to provide you with a free consultation with one of our attorneys. To schedule your free consultation, please call us at 1-800-297-9191 or email [email protected]/* */
We look forward to hearing from you.
Thank you.
An employee was hurt on the job and has been out of work and receiving workers compensation. He has been released to return to work but his position has been filled and his case has been closed. He received a letter from the adjuster stating that. Does the company need to send a letter stating that his benefits have stopped and he can file for unemployment now? We have told him this on the phone. Is this a matter of choice or by law are we required to?
The adjuster cannot make the call to terminate benefits, only an Order from the Industrial Commission can do that. Call a lawyer ASAP. I am a board certified specialist in workers compensation law and am happy to answer additional questions.
I worked for a company for 11 years and was terminated for personal reasons. After a year, a company that contracts with my original company offered me a job. HR of the original company was notified along with my former manager, and peers who gave me good reviews and the go ahead to work for the contractor. I was offered the job and began work on a Wednesday. Thursday I went in and was told that a "higher up" from my original company told the contractor I couldn't be hired, then after pressure, told them I could be hired but only to do menial tasks. What are the possible way to proceed?
I would need to interview you further re details &
Any contracts or other records
You mayhave an action (lawsuit) vs. Your prior Employer
Your attorney will need to confer at length with you about what has occurred. If you have any written documentation of any sort do provide it to your attorney. Depending on the entire facts and what has been said, it is possible that you have legal recourse. Tricia Dwyer Esq. Tricia Dwyer Esq. & Assoc PLLC Minnesota Employee Rights Attorney http://DWYERLAWFIRM.net phone 612-296-9666
My uncle wants to sign over his rights of his two boys to me due to him not being able to care for them financially at this time. wants me to allow them to stay with me,enroll them into a school close to me, cloth and feed them.The boys mom has issues with drugs and is currently in jail for drug possession. What can we do for placement or guardianship or whats needed for this to take place?
You need to talk to a family law attorney in your county immediately. Don't try to do this without an attorney. Don't try a do it yourself kit. The mom needs to be notified of the legal proceeding but she won't get custody since she is in jail.
Look on this website & on www.avvo.com for an attorney.
Good luck! Thanks for agreeing to step in and helping these kids. God bless you!
i have a felony warrant in another state and am currently pregnant living in illinois. i need to see a doctor and apply for illinois medicaid for pregnant woman? will the police show up at my doctors office or at the hospital while in labor and delivery and can the state medicaid alert the police while i am in the hospital giving birth?
You should really contact an attorney and not post anything else about your case on the internet. You can give me a call if you would like some assistance.
Andy Gable
312-502-7877
My mother just passed away. The house I am living in became mine because it was deeded right of survivorship between she and I . The gross estate needs an appraisal, the lawyer for her estate insists that the appraiser needs to go through my house, even though the comptroller for the state of Md. would be satisfied with an exterior appraisal. Don't I have a say in this matter?
I am sorry to hear of your loss. Ideally any lawyer representing the estate will be able to explain what needs to happen in a clear way but sometimes things get lost in translation.
In Maryland it is perfectly fine to use the tax assessed value to appraise real estate itself but to value the contents of a home, an appraiser must go inside the home (or wherever the contents are located). Unless the house was vacant without furnishings, it is reasonable to require an inside inspection since there is no way to value personal property (things like furnishings) without an actual inspection of these items.
The Personal Representative definitely would have a say on who the estate hires to do such things (or who the estate chooses to use as an attorney) though it is not clear whether you are the Personal Representative.
I hope that this general legal information helps though it offers no specific legal advice.
If you did inherit by deeded right of survivorship (and only a reading of the deed can confirm this), then it is not the house he is appraising, but perhaps the contents. I detect just a basic misunderstanding. As sole owner (assuming you are correct), you do have a say in who enters the home. Similarly, the Estate has rights of access to the decedents belongings. Your deed may have passed title to the real property, but it doesn't operate to pass ownership of the personal property.
Your question: "I filed chapter 7 bankruptcy in Virginia 5 years ago but didn't on my home and continue to make monthly payments. I owe 20,000 now if I sale my home for more will I be able to keep the money from it?"
You don't "file bankruptcy on" any particular asset or debt. Since there is a lien on your home, if you wanted to keep it, you were allowed to keep paying on the debt and may have even reaffirmed it. Either way, if you can sell the house now for more than you owe on it, you keep the surplus.
If I get a settlement from the other guys insurance company. Can I still still get restitution from the courts that has already been rewarded to me? The settlement from the insurance company is less then the amount of restitution I was awarded.
Usually as a defense attorney I work a deal with the prosecutor that there is no restitution hearing if the victim has been made whole by my client's insurance. If you already have a restitution order, then the entire amount must be satisfied.
i slipped and fell in walmart because there was no wet sign. i am going to the doctor tomorrow, to see if i am okay. i would like to know if there could be a law suit or not
There could be a lawsuit if you can prove that the Store had greater knowledge than you of the hazard and they failed to remedy or remove the hazardous condition. I am interested to speak with you to hear more specific facts. When convenient, forward your contact information to me.
[email protected]/* */
Best regards,
I have a friend who happens to be in the country illegally. She married a US citizen well over 5 years ago. They had a child together who is a US citizen. While married the husband applied for her green card, meanwhile he would verbally and physically abuse her. She ended up divorcing him a little more than two years ago. She has custody of their child who is now 3 years old. Because of the divorce he stopped the process to legalize her. What if anything can be done to reopen the case? Thank you for taking the time to read this!
She will need to consult with an attorney to discuss her options if a full two years have passed from the final divorce decree. If it is not quite a full two years, she needs to move quickly to file before the two years has passed.
A consultation may also be able to review any other possible options she may have, depending upon the exact facts of her situation.
The question I have is about my mothers medical bills she passed away on 1-6-2013
She had a caretaker come in from 8-4 during the week for 120 days I her daughter called the insurance comp they said she had that many days I then called a Caretakers place to set up things they also called to confirm her coverage now the Insurance Comp is not covering bills it has been turned over to collections they keep calling me telling me I'm responsible I don't fell I am there is no Estate on my mother who is responsible for money..
Thank you any answer will help..
Cherie
If you didn't sign a promissory note to pay, then you are not responsible. If that is the case, tell them that it would need to go through probate but since there are no assets, probate probably won't be opened. Also, if you have not signed a promissory note nor opened probate, that they are violating Fair Collection Practices if they continue to harass you. Should you continue to have problems, consult an attorney in your area.
I paid a contractor too fill in my pool . I paid him in full , but my backyard is not complete . What do I do now ? He still has to plant grass seed & level out my yard . He has not been back to my house in about 30 days .
You have already tried asking him nicely to explain what he is going to do?
You may want to talk to a lawyer, who will push him to finish the job.
A lawyer can also tell you what your rights are if he fails to respond.
Call me if you want me to assist,
Robert Davies, Attorney
201 820 3460
Is a reservation fee collected at the time of an apartment application subject to the statute 83.49 if the application states that the fee paid will be applied as a "security deposit" upon move in. The application also states that this same fee is forfeited f the reservation is cancelled by the applicant after 48 hours. Example: we collected a non-refundable application fee, Non-refundable fee to be applied towards SD upon move in, and a non-refundable administration fee. App says we won't refund if all cancelled by applicant after 48 hours. Applicant cancels after nearly two weeks and now wants refund. They just decided not to move.... Are we legally required to refund anything?
The actual document needs to be reviewed. Your summary would indicate that it is no refundable, but without seeing the actual document that cannot be answered with any certainty.
My 4 year old niece and 7 year old nephew are in a bad living situation, and their parents are having marital issues. The mom has abandoned them four times, but now she says she's come back to stay. The father has a problem with substance abuse. The children suffer from serious neglect. We want to become guardians of the kids to give the parents time until are in a better state to take care of their children. We are planning on voluntarily asking for guardianship, but is this the best way to do this? I also read we can file a petition. If we do that can we get financial assistance? No one else in the family can care for the kids. If we don't do something soon, DSS will be called and they will be lost to foster care.
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
My father is in the hospital and on life support, As far as I know he has no will, He has a home and quite a few assets that I can't find paperwork of any kind anywhere. He has 3 step-children who are adults and have been mooching off him for years and won't leave the house so I can look for this paperwork as we don't get along. I have been paying his bills and taking care of him and his property for months. The step-children constantly call and want money from his account, and I wont give them any. My Dad told me to pay bills and a few other things but never told me to give them money to live on. I am in dire straights on what to do to take control before I pull the plug.
You need to find a local lawyer who deals with probate issues and litigation to help you through this process.
how long can police hold something as evidence without charges
Forever, unless and until you seek and obtain a court order for return.
The court may be reluctant to return the property until after the statute of limitations passes.
I have been paying rent to my roommate for the last three years.I rent a room out of a house with other roommates.I pay $350.00 to the tenant which includes utilities. well now the tenant who verbally agreed to rent me and the other roommates the room on a month to month basis has suddenly decided to move out with giving us notice.now the actual owner of the property is forcing me as well as the other roommates to move out within the next week.she says that we are unauthorized tenants who are trespassing and have no right to be there because we have no rental agreement or lease with her.can she kick us out without following the proper eviction process.or do I have the right to remain in the unit until the courts serve me with a writ of possesion.and now that I mentioned the courts in order to have to move out,the owner of the property where I currently have been renting for 3 years threatens to file a false police report stating I only use my unit for illegal gambling.which is not true.either the owner or the tenant that I verbally made the agreement with to live there as long as I pay rent on a month to month basis has had all the utilities shut off.so I have been staying over my moms to make sure I can get ready for work everyday but I go to the room I rent from Thurs to Monday.I still live there,in tact the actual owner just collected the rent from me so she is very aware that I have been living there for the last 3 years although me and her never entered a rental agreement or lease. can I be forced off the property immediately with out a proper eviction process?
If she is accepting rent from you, that makes you a tenant, and a written lease is not required. She would have to give you proper notice and bring an unlawful detainer action against you to evict you. Anything other than that would be illegal.
I live in virginia, at my mothers home which she does not reside in I have a signed lease agreement. My sister also lives in the home. She is trying to evict us would fall under theVRLTA
No, the lease which you've described should not qualify
as one covered by the Virginia Residential Landlord Tenant
Act (VRLTA).
My stepmom has been emotionally abiding myself and my dad. She has threatened to kill him three times, to leave him, to get me and my brother arrested etc.... She has no legal coustidy over me (as I am still a minor) he's thinking about a divorce but he doesn't want to deal with alamony. I'm collecting recordings of when she lashes out for evdience. If we brought this to court (let's assume we've accumulated enough evdience) what would most likely happen?
Your father should be handling this. You should not be involved. If you personally feel threatened call the police.
Your father should talk to an attorney.
Hello. I live in dillsburg, PA and I am under a Lease termination. This notice from Highland Park rental community (management) states: "You are to vacate the premises by 5:00 pm December 21, 2013. If you fail to vacate the premises by this date you will be considered a holdover Tenant. Eviction will be processed through the court system". Can you tell me what this actually means?
It means your lease is up please leave. If y9ou don't we'll ask the local MDJ to issue an order to tell you to leave. If you still don't they cn have the constable remove you.
John
hold harmless agreement?
Thanks for the post. This limited information won't allow for any type of definite reply. An experienced attorney would need to review any agreement including the hold harmless provision in order to explain in full and relate that provision to your specific situation. In general, a hold harmless provision requires one party to agree not to hold the other party responsible for damages under certain conditions. Glad to discuss in more depth with more information.
My 20 year old son was arrested for delivery/possession of controlled substance. On his first court appearance the judge refused to assign him a public defender. She asked him did he work (he was working until he was arrested), she asked him who he lived with, he told her he lived with me. She asked my son had he been emancipated to which he replied no, then informed my son I was responsible for obtaining a lawyer for him. How am I obligated to retain a lawyer for a 20 year old adult? Please advise
Was your son able to post bond? Often the judge will not assign a public defender if a bond is posted. The judge may also feel that because he is still your dependent you are responsible for him. Please feel free to contact me if you would like some more help.
Andy Gable
312-502-7877
Most judge's will not assign a public defender if the defendant is out on bond. The bond money can be used to pay his attorney.
The answers given above are right. Without knowing who the judge was, it's difficult to tell you more. If you need a lawyer, I have been a criminal defense lawyer for 35 years, and have handled hundreds of drug cases. Please call for a free review of your son's case and possible financing should you choose to hire me. My cell phone is (708) 263-8212. You will be able to contact me directly.
My husband is on the title and loan, we are trying to put the house since he is very ill and might pass away in a land trust will that affect probate and loan modification?
You can transfer the title of the land/residence into a trust if the trust is in existence; the transfer will not affect the loan, as the residence remains the security for the loan; as long as payments remain current, the lender will not have a reason to take any kind of adverse action.
While Victor is correct, I would strongly suggest that you consult with an estate planning attorney to do this correctly. I assume you are referring to establishing a revocable living turst ( a "land trust" is actually something else). There are statutory provisions that help you to avoid reassessment and to avoid triggering acceleraton clauses. The costs of doing this improperly certainly out weigh the cost of doing it right.
Im filling my divorce papers thru interenet with divorcewriter i just wanted to know if i can trust this site and pay for the divorce thru the site.
Here's an answer you won't like: using a site like divorce writer means you're taking substantial risks (that's a polite way of saying it's foolish - or worse.)
And no, you can not pay for or file papers through that or any other site.
I was arrested for a DUI and my hearing was scheduled for today, however my lawyer called me yesterday and told me the hearing was postponed and he would let me know the new date. I check today and find out the hearing went on and there is now a warrant for failure to appear. Is this possible? If so, what can be done. I'm starting to wonder about this lawyer.
Explain your concern to your lawyer. If you do not get a satisfactory answer, seek a confidential consultation with another lawyer.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
I am a business owner who wrote a check to an individual over a year ago. That account is now closed. He just found it and wants me to make it right. Am I obligated and what if I don't make it good?
If you legally owe the money to him, you need to pay it. Misplacement of a check doesn't mean that you can fail to pay your obligations.
I am a non-custodial parent that wants to move out of nj... Can I? Will I still be able to see my children?
Yes, but the schedule you have no clearly isn't going to work. Call me at 732/773/2768 to discuss.
what do I do my wife died her will left every thing to me. The car and house are in her name.I don't want to do probate what can I do.
If you are your wife's only heir-at-law (that is, she had no children with someone other than you) you may be able to re-title the car with an affidavit of heirship. Check with the County Tax Assessor Collector on that. The house is a different matter. One of the main purposes of probate is to provide a clear title to real estate and at some point something is going to have to be done. Probate in Texas comes in many different forms and most of them are really pretty simple and, relative to other states, inexpensive. Consult with an attorney who does probate in your county.
Can a car dealership hold a loan and not report it?
Report it to whom?
My employer called and fired me over the phone after yelling at me for calling to ask when I could pick up my check. I have been employed there for 3 weeks, Have done nothing wrong. The Friday we left training and picked our schedules he told everyone in training we would be paid for the following Saturday with Pay and when my time was sent to me it was not reflected. I emailed him and he told me they would cut me a check. I am off on Friday so I called the person who hired me and asked if it could be left on my desk for Saturday since they are not in the office on the weekend. 2 hours later he called me, Yelled at me for almost 10 minutes and then fired me. I got a text that I was removed from the schedule. Is this legal and is there anything I can do about it?
Terminating an employee for making a "wage claim" is unlawful. A "wage claim" is a demand for due but unpaid wages, not wages in the future or demand for an increase in wages. Consult an experienced employment lawyer who can analyze all the facts and circumstances involved in your situation and provide specific advice.
Our tenant died and his family members are living in the house demanding that we give them money to move out. We have served a three day notice to vacate to the deceased tenant due to non-payment of rent. How do we get these family members out of our house! They are not on the lease.
Your question is about landlord-tenant law, not appeals and writs. Please re-post it in the right category. More lawyers with the relevant expertise will see it there, and future users with similar questions will be more likely to find it.
Good luck.
I haved owned my home in New Jersey for over 8 years and just found out that the roof I have contains 3 layers of shingles. I know this is against building codes and could possibly void my insurance during an unfortunate event. My home was inspected during the process of purchase.
My question is can I take any recourse against the inspector or previous home owner for being sold a home that violates NJ building codes?
Your recourse against the homeowner is probably barred as all potential claims may have been eliminated once the closing occured. The claim against the inspector may be time-barred as 8 years have passed. However, if you could convivnce a court that the condition was just discovered (you do not explain how and why you just found this out), you may be able to pursue both claims now. You will have an uphill battle, but may be successful.
i have a four year old son. His father has not had contact with him since he was 18 days old. Is there a way to go for child support for my son but not let the father have visitation? as of right now the father is not on the birth cert.
yes you can do that file a petition for support only and a declaration of paternity, no visitation.
You can file for support only but that opens the matter up for the Father to demand visitation. Unless you have very good reasons to deny visitation the court usually will grant.
I had medical leave starting 3/26/13 ending 5/27/13. I had unpaid leave starting 8/21/13 ending 9/5/13. I began medical leave again on 10/1/13. I received a letter from my employer on 10/4/13 stating that as of Oct. 4th I had exhausted my FMLA. I was terminated effective Oct. 15, 2013. I was never notified that the unpaid leave from 8/21 - 9/5 was being counted against my FMLA. I would like to know if I have grounds for wrongful termination.
You may have a possible FMLA claim; however, it is best that you speak with an attorney familiar with employment law so that your potential claim can be ascertained as to its viabilty.
How could I get help in Ohio with a professional malpractice case? My atty was grossly negligent. I meet the criteria for a case.
To properly answer all your questions, we would like to offer you a free consultation with one of our attorneys. Your consultation can take place either over the telephone or in-person.
To schedule your free consultation, please call us at 1-800-297-9191 or email James Luna at [email protected]/* */
We look forward to hearing from you.
Can my husband adopt my son? His father has 3 violent felonies, no job, no home. It is about to be a year since he's been out of prison, and he hasn't made any progress.
Hey stepparent adoption would require a petition for stepparent adoption and a petition to terminate parental rights. This area of law is quite complicated. Please meet with an experienced family law attorney to explore your legal options.
The first question is whether the biological father will object. If not, then absolutely yes your husband can adopt his step-son. If the father is going to object it becomes much more complicated. Adoption by your husband requires termination of the bio-dad's parental rights. That is not something that the courts do lightly or easily. Essentially it requires that the bio-dad be found to have abandoned the child or to be completely and irredeemably unfit to be a parent.
FPL charged me an additional deposit and I would like to dispute this charge of $163.00. How can I do this? Can I hire an attorney to write a letter on my behalf??
Yes, you can hire always hire an attorney. However, you must take into consideration the merits of the case. If FPL reports that you have late payments or returned checks, then they will justify their assessment of the additional deposit. If you have proof otherwise, then take the receipts to the attorney who you hire so that he/she can include it with the letter.
Hi Charles, I received your response and would like to contact you directly but do not understand the phone number you have posted?? When I try your email it brings me back to GuRu. I would like to communicate with you about reading my contract.
Thank you
The phone number is 206 624-6761 or cruiklaw at gmail dot com
I worked for Sea Ray Boats for almost 12 years and the constant breathing of chemicals such as resin, acids, acetone and heavy fiberglass dust.
The question is, I seem to be problem breathing as I get older and I'm guessing it may be due to working with a mask in these conditions may be taking its toll on me.
What options do I have?
First, how long ago did you work at Sea Ray Boats? Second, when did the breathing problems start and has your doctor linked them to your work activity? There is a very strict claim filing process for workers compensation cases. If you file too late after discovering a work related injury or illness, your claim may be denied. If you are still within the time frame for filing and a doctor has linked the breathing condition to the workplace hazards, you should file a workers compensation claim. If a doctor has not related your breathing problems to work because you have not seen a doctor for your condition, you may want to file a claim regardless and let the employer's workers compensation insurance carrier either deny or accept your claim so that you may re-evaluate your course of action.
I have seen very serious workers compensation cases dealing with the types of work activity you are describing. Fiberglass dust inhalation can be extremely harmful and may result in serious medical conditions. There is an entire sub category of case law regarding occupational disease resulting from workplace conditions. I would recommend that you file a claim with Sea Ray Boats for workers compensation and see a doctor immediately. You should consult an attorney about your case to get proper case evaluation and assistance.
How do I hold my sons mom in contempt pro se? Also how do I present my evidence correctly? please help My ex will not follow orders.
Since you don't have an attorney, go to your local law library and do research. The Harris County Law Library is downtown on Congress in the old jury assembly bldg. on the first floor. Good luck!
I will get married with an american citizen( celebrate the marriage in my country) , i have visa B1/B2 tourist one, can we then make our marriage in my country and go stay with him and make the process there! is it possible !!
Hello:
It is possible. However, if you are out of status now, you might be subject to the 3/10 year bar which would necessitate a waiver. However, if you wanted to do the consulate processing from outside the U.S. it is possible.
Consulate Processing
Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed.
It would be much faster & easier if you married in the United States & immediately applied for adjustment of status. Once your "greencard" application is approved, you can always return home & have a celebration there.
If you get married outside the U.S., you will have to wait longer & deal with the U.S. Consulate. In addition, your U.S. spouse will be required to maintain his U.S. domicile. If you have 180 days or more of illegal presence in the U.S., then you won't be able to get your greencard for 3/10 years, due to the bar to re-entry.
where can i find legal representation for an individual who sustained injury while currently incarcerated?
Call a bar referral service for the county where the injury occurred.
if I filed a formal complaint of harassment at work but now want to withdraw it can I. I am afraid of retaliation but my employer said I cant withdraw it an he is launching a formal investigation. We only have 15 people in our office so they are going to know who complained. I do not want to have to deal with the negative actions from the other parties.
When an employer receives a complaint of harassment the employer has a duty to investigate. If you are retaliated against then you have to choose between dealing with it (or leaving the company) or continuing to assert your rights and pursue remedies for the retaliation.
My brother in law has been living with us rent free since feb. If/when he moves out how long do I have to keep his stuff before I get rid of it? I ask because he has moved in and out several times and always leaves things behind. I suspect he may be moving out again soon and this time I don't want to be his storage unit.
If you let him know, in writing, that you're rearranging the house, and will need to move his stiff out to the place of his choice, you won't have to keep his stuff at all when he leaves. That is, if your husband agrees. This notice, and beginning of moving his stuff needs to start before he moves out. If you leave things indefinite (like they are now) you'll have to store his stuff for the time that is reasonable, based on the custom and practice of how things have been done thus far. That means, you could be liable for his losses, if you don't store his stuff for as long as you did in the past. Giving him written notice now, starts the clock for him to file suit to stay and leave his stuff in your home. The written notice and acts of packing and moving his stuff out, creates s new understanding or custom between you all.(He can stay for now, but not most of his stuff)
Good luck
Good luck
I was charged with 2C:33-4A in NJ over a road rage incident I am guilty of getting out of my car and yelling at her. I blew my horn at a red light to make a right on red (didn't know it was a choice) she gave me the finger and put her car in park. I got out a yelled at her to turn. The light was now green I went around her. No witnesses.
A couple of hours later 5 cops showed up at my house from two different townships.
One cop was very aggressive wouldn't listen to what happened and told me he was going to check traffic cameras and since he had to work all weekend he would come back and charge me.
He served my daughter with the summons along with 3 tickets
Abandoning my vehicle
Leaving Vehicle with engine running
Illegal use of horn
I went to court to plea but the prosecutor was not willing to do anything he spoke to the cop and put it right in for trial.
I have many friends and relatives in the law world including Judges and lawyers ( mostly personal injury or bankruptcy) as well as police.
In confidence I was told this case is against someone who is well connected and I was going to need special counsel. I was given some referrals but so far two of the three have refused due to conflict of interest (prosecutor is in same building???) and the other lawyer was really nice and told me more then he should of but he couldn't help me.
I know what I did was wrong I manned up said I was wrong I was on a new medication that caused me to have personality changes.
I have a clean record both criminal and driving. I am not rich but I need a lawyer. The one I met with who was willing to take the case my friend said no way he's ok but not for this case. He was charging 700.
Any advice on what kind of special attorney I need?
get a criminal defense attorney who goes to municipal court in that court A LOT. like three times a month.
and $700.00 is cheap for defending this.
Call me. 201/342/7933. I help you.
I am not really clear on why you could not hire the attorney who was only going to charge $700.00. His fee was more than reasonable. I would be happy to discuss the matter with you further 201 342 5030. It is clearly a case that got out of hand but I would definitely be interested in assisting you. You should call one of us, Mr. Davies, Mr. Moore or myself. Perhaps an outside perspective can help.
I'm in the process of divorce, can I buy a house without needing his info and will buy a house create an issue down the road?
If you purchase a house while still married, the title company will probably need to have him sign a Quit Claim Deed to you, acknowledging that he has no interest/claim in your new home, that it is your separate property.
Your new house is going to be an issue in the divorce that needs to be addressed, athough it should not be a contested isseu. All assets need to be divided/awarded in the divorce, even your separate property house. That means it will be awarded to you. You cannot ignore the asset in the Decree. Assets not divided/awarded in the Decree are owned by the parties as tenants in common after a divorce, meaning the ex-spouse could come back and claim a half interest if you do not award it to yourself.
I live in Chicago and my lease ends August 31st. My landlord gave me an ultimatum and said since we are not renewing the lease we have to repaint the walls by July 12th. Is this legal? Don't I have until the end of my lease to paint? Please help.
You are right. The only thing you might want to consider, for your OWN sake, is that while you do have until that last moment to vacate, clean out, etc., that leaves NO time for the landlord to ok the condition and then your security deposit is held over until after you're gone. I do recommend that if you can arrange it, a move-out a day or two before the end of the lease as long as the landlord is willing to do a move-out inspection AND return your security deposit too. And the inspection should have a move-out checklist and sign-off by yourselves and the landlord. That way if the landlord wants to be cute and stop payment on a security deposit refund that is paid by check (most won't do cash....), you can show that the landlord ok'd the condition in person.
I purchased a home in January of 2014. When the home was in escrow I found out that it was in a flood zone but supposedly it was not really in a flood zone according to FEMA. Only a small portion of the backyard was actually in the flood zone, not the dwelling. I decided to contact my insurance to find out how much flood insurance would be for the home before making a decision. I was told it would be $400 at first, then the lender demanded insurance for flood zone A, and the quote went up to $1278. I did not like that number but I liked the home and figured an extra 100 every month for a while would be ok. So I closed escrow on the home.
Two weeks after closing escrow on the home and financing only 50% of the purchase price I called my insurance company to find out if they had heard anything on the request from the insurance company to FEMA to reconsider based on the elevation certificate. They told me that they did not receive anything about the reconsideration of the zone, but that they had some not so good news for me. This is when she proceeded to tell me that the flood insurance for the home was now $7700 per year. I about flipped my lid and asked them how this could possibly happen, and that I was quoted $1278 for the insurance and that was high. She just told me that she did not know and the new ruling has caused fema to raise their rates. If I had been quoted that $7700 prior to closing I would NEVER have bought the home. But conveniently two weeks after I close escrow and am now stuck owning the home I get an insurance bill that will cost me $200 a month more than my actual mortgage payment.
So my question is this - Do I have any legal recourse? If flood insurance on this home will run that much there is no way I can ever sell the house, because most people wouldnt touch a home that has an insurance premium that high. I dont know what to do or whether I have any kind of legal protection in this sort of a situation. And shouldnt the insurance company be held accountable for the quote they provided to me? I have all the correspondence from the insurance company that shows the quotes. The insurance company I deal with is State Farm.
I would treat this as an insurance pricing and sales matter at least initially, rather than as a possible legal action. Possibly this is a genuine FEMA-reconsideration matter, or about equally likely, someone at your insurance company made a mistake. I'd suggest detailed in-person conversations with the higher-ups at your insurance agency, followed by (perhaps) talks with other insurance sellers with both the same company and a different insurance company to see if you can begin to get some consistent answers that sound like the truth. Also, you might be able to get some worthwhile assistance from a consumer advocate at a regional FEMA office.
Can I take a large cooperation like Safeway to small claims court because I found glass in there bakery food? I go to the dentist soon to see if there is any damage to my mouth, but the emotional effect of finding glass in something I was sharing with my daughter has completely took over my mind. I have been not able to eat anything I don't prepare myself. I feel as if it might take me a long time to be able to eat premade things again.
Yes, you can sue a corporation in California's Small Claims Court. The tricky part is figuring out who to serve the documents on once you've properly filed them. You'll have to do some research to figure that out.
A place to check is the California Secretary of State's website. There's a section where you can conduct Business Searches to identify who the registered agent for service of process is.
Another thing to be aware of is the proper jurisdiction to file your claim. If your claims only involve personal injury matters, then you must bring your claim in the county where either (A) the injury occurs OR (B) where one of the defendants resides at the commencement of the action. See, Code of Civil Procedure, Section 395.
There's quite a bit of information online regarding small claims in each of the several counties:
* http://www.sfsuperiorcourt.org/divisions/small-claims
* http://www.alameda.courts.ca.gov/pages.aspx/small-claims
* https://www.sanmateocourt.org/court_divisions/small_claims/
* http://www.scscourt.org/court_divisions/small_claims/small_claims_home.shtml
* http://www.cc-courts.org/index.cfm?fuseaction=page.viewPage&pageId=6783
You could also make a trip down to the courthouse. Often times there is a self-help counter where someone can answer informational questions that you might have, or to provide assistance in filling out forms.
Finally, make sure to preserve the foreign objects (glass) that you found in the food. You will need this evidence to prove your claim.
Best of luck to you!
A friend of mine just informed me that because her ex-husband was in a union she is entitled to some of her ex's retirement. I was wondering if this is true because my ex-husband was and still is I believe a member of the IBEW while we were married and I raised our 3 sons. By the way, I live in the state of Texas and that's where he's a member at, I just don't know which IBEW union he belongs to. Is this a true statement that I may be entitled to some of his retirement?
Sincerely,
Corina
Only if you were awarded a portion of the retirement benefits in your divorce decree.
I am looking for the ILCS section and code that gives the legislative exception for child support orders enacted before July 1, 1997.
So, what is your question?
What does it mean when in clerk of courts it says motion to compel Discovery Fav to Def ?
Have not seen there note before about the Fav part. I suggest you contact an attorney that regularly practices in that county and knows that county's system so they can advise you. Or, just call the clerk and ask them.
My Childs fater is active military and has authorized his mother to excersize his parental rights. She is crazy and has been making,my life hell and trying to take my son away. How can I eliminate her from the picture?
You need to talk in person to an experienced family law attorney.
It appears that grandmother is "crazy".
Unfortunately you did not give a lot of information. You need to meet with an attorney in person and discuss your situation.
Look on this website and on www.avvo.com for an attorney to help you.
You might want to contact Dad and see if he can help you. He might be active military but they do usually have internet and SKYPE access.
Good luck!
A family member was involved in an accident at work earlier this year. He was in a coma for 6 days and is currently recovering from a severe head injury. His ex-girlfriend applied for a guardian at litem through workmans comp and is refusing to allow him to visit with his family. She is claiming he has been determined by the hospitals to be competent and able to make decisions at this time though he is not being allowed to choose for himself who he can and cannot visit with. She is claiming that he has appointed her power of attorney, conservator over him, and that she has already acquired a marriage license with him. She is refusing to show any of this to the family. Is there any way to legally validate her claims? Or to override her decision to ban his family from seeing him?
The whole thing sounds like a bunch of BS to me.
Can i get bonded out on a child support cash bond,along with my other bond i need to get released
If there is a cash bond for your back child support, it will be the subject of a court order. And after you post the cash bond, don't expect to get it back. Ever.
California: In October 2013, my Fiancee and I broke up, and I removed my name off the Lease Agreement to our apartment. Her name, and the name of her two friends that were living with us, remained on the lease. The lease ended in November. I got a call today from my Ex, that after the moveout, we were charged fees to the apartment that was insufficiently covered by the Deposit...we had dogs in the apartment, but we kept it clean and vacuumed..the apartment looked as if we had just moved in. The fees were sent straight to collections. I never received a phone call that we owed money to the Leasing OFfice, nor did my Ex, or the other two roommates. My phone was disconnected, the other girls changed their numbers, and my Ex's number was listed "incorrectly" in their file according to the Leasing OFfice...which is not the case because the entire 11 months we lived there, they would contact her cell phone directly.
Now, the Leasing OFfice had all our Email addresses...none of us were contacted in that way...and a couple weeks ago, the Leasing Office mailed me my ID Card which I left when I removed my name off the Lease...so they had a way of contacting Me. Instead, they chose to go straight to collections. Is there anyway to fight this?
Yes. You should dispute the charge with the collection agency in writing within 30 days in order to prevent them from messing up your credit. Ask for evidence to prove their charges. Ask them to show what and how they have used the security deposit. If there was a final walk through, get that report to see what if anything was wrong with the apartment. Lastly you can sue them if they mess up your credit in violation of the law.
I suggest talking to an attorney familiar with landlord tenant law, and defending people in collection matters. You are too focused on someone not having your correct number, but there are more important legal issues to go over that may help you.
i have to take a polygraph test. is it best to take a lawyer ? or do you need more info on the issue ?
WHY do you have to take a polygraph. Unless it is required to get a job, you NEVER have to take a polygraph in a criminal matter. I strongly recommended against it.
If 2 confidential informants (not noted as reliable and with no cited police work) give statements that includes first hand knowledge and hearsay to justify a search warrant, how does a court apply the 2 prong test to the information? Example: He stated " I had observed John selling pot multiple times (yes it is this vague), and heard he grows it" In MA, would an electric bill for high electricity trigger a warrant with no other verification? Normally the info on the pot would be hearsay, from an unreliable informant would not satisfy the knowledge prong, but does the compound statement change things.
It depends on the judge and whether you can show the information is not reliable enough. Confidential informants are given more veracity than anonymous tips. Your lawyer is going to want to file a motion to suppress.
My son is the lead person for a contracted cleaning company at Kohls. On of the employees that work under my son got hurt and can't work. His manager told him that my son had to cover all of the injured persons hrs. My son stated he could not do that because his wife works also and he has to be at home to take care of their 2 small children. His supervisor told him that he had to provide his wife's work schedule. Is that legal for his boss to ask for or even see his wife's work schedule seeing how she works for a completely different company? She works for a hospital.
Yes, because they could just fire him as an at will employee. There is no protection in these circumstances.
I'm doing a school project that involves interviewing Kellogg Co. (of Cheez-Its, Pop Tarts, etc.) and I need to know where they get their "natural" resources (i.e. milk, soy, and wheat). However, the employees I have asked all say that they cannot divulge this information due to a contract involving "propietary information". Is this valid?
Yes, you could be a corporate spy for Post cereal or something. Businesses are very protective of their trade secrets.
I moved out of my town home a month ago after living there for two years. I just got a bill from the landlord for $5000 that already includes the subtraction of a $1900 security deposit for the replacement of the carpet. I admit that the carpet was shot, I have a small dog that refuses to be potty trained, so I was prepared for the fact that the carpet would need to be replaced.
My question is, the previous carpet was installed in 2006 so its over 8 years old at the time of it being replaced. Am I responsible for the full cost of the new carpet or is there a depreciating value? and should I pay the replacment cost of the new carpet or the cost of the carpet that was there previously? I have not been supplied with any documentation showing the quality and cost of the previous carpet, only the bill for the new stuff that is mid-high grade including a memory foam pad.
Key issue is:
What is reasonable wear & tear?
If pets were allowed, then it would include reasonable wear & tear WITH PETS
Call me if you wish to contest
I have 33 years experience as a MN landlord & representing LLs & tenants
You are not liable for the full cost of the new carpet. Perhaps that carpet had no value left and you have a defense if they come after you for the $5,000. You also may have a claim to recover your security deposit of $1,900.
recently bought a property with a shared lane (driveway). I mentioned this to the title insurance company due to owner of other property said we could not use this lane to access our land.. at settlement title insuramce company said there were no problems.. now after 3 months of using this lane the other other has now placed a huge boulder on lane and we can not get back to home.. I feel if there is a fire on the lnad mtn firecompany can not get back to our home... not sure where to even start title company was notified of this also mortage company we were told to get a lawyer and suggestions
Where is the lawyer you hired when you were buying the property?
John
The title company may or may not have insured your access, it depends on what the title insurance policy says, and whether or not you got a survey when you bought the property.
If the deed to your seller gave you rights in common with the neighboring property to use the driveway, the neighboring owner does not have the right to block the driveway. The company's advice to you is correct, you will have to get a lawyer to enforce your rights. The title company, if you turn to it and if it does insure your access, may simply offer to pay you the face value of your policy, and thus buy your property from you. Is that what you want?
You will have to sue the neighbor to force him to remove the obstruction, and you will need to engage the services of a lawyer to do that.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
My sister is 22 and pregnant. Her ex who is the father of the unborn child. Called her to come outside of her work. Where he was. When she came outside because she was expecting him. He hit her and then robbed her. Took $300 from her. There was no one who saw this but visible marks on her. A. What crime is it when someone hits or attacks a pregnat woman? B. Do you think messages from her phone putting him at the workplace and her marks enough to press charges. She is afraid of him so did not immediately act.
Yes , it is battery. She should go to the police and report it. They can decide what charges they will file .
what does it mean when a judge disammend u,?? were trying to bond sum one out biut we cant they said she has been disammend?
"Disammend" is not a word. What did the Judge actually say?
I am the mother of a twenty month old disabled child and am in adult drug court. They are saying I have to work and leave my child.I have documentation that is not in his best interest and could have negative effects on my child. Can they legally do this?
Sure. And why have you not gotten a lawyer? That is 100% necessary.
I am a US Citizen and my wife is on a Visa. If my wife files for a divorce, does she automatically get Green Card even though i have not filed for her green card and there is no convictions against me and if i am not the one who files for divorce?
As the U.S. citizen spouse, you would have to file the I-130 petition. If you do not file it & you get divorced, she cannot get a greencard through you. However, that does not mean she cannot get a greencard through other forms of eligibility.
Is my homemade contract valid???
I made a handwritten contract stating that my boyfriend will remain faithful to me as long as we are in a relationship. If he were to fail to comply, i would be compensated and have full custody of our baby boy.
I explained it to my boyfriend and clearly told him, I am in no way forcing him to sign and it's only to assure he's committed to our relationship. He signed without hesitation and said he agreed. I signed it as well.
So my question is; if he were to be unfaithful in any way that i stated in my contract, would the contract take effect in court? Can he be legally obligated to pay me for emotional distress? ... Again, i did Not force him to sign nor am i forcing him to be with me. If he wants to leave me he can freely do so, but i will not tolerate infidelity in my relationship.
Thank you.
No, the court will not give much weight to this contract on determining visitation and custody.
It is not legal to contract for child custody except as a stipulation to a parenting plan made at the time custody is being decided, and even then it can be challenged and revised any time there is a "change of circumstances" that warrants judicial review. As for emotional distress, you can only recover emotional distress damages for extreme emotional distress, generally meaning so severe and outrageous that it sends into therapy and causes such major damage to your psychological condition that you lose at least some meaningful degree of mental or life function.
I think Mr. Selik is right, but I'm not sure. Your question is really about family law, not civil litigation. Please re-post it under that category, so more lawyers with the relevant expertise will see it. Good luck.
Hi, my Husband and I are filing for the i-130. Regarding the bona fide proof of marriage, I have the following documents :
- Phone and electricity bills
- Joint credit card and authorized user
- 4 Flights receipts/travel
- Letter from friends
- collage of 15 pictures (travelling, family etc..)
- Facebook chat record
- Essay explaining our relationship and how we see the future
We live together but I am not on the lease, and we cannot change the lease's name until the lease is renewed... But we can prove we live together with the bills and same mailing address.
I was thinking on opening a joint bank account, but I figured it would be too suspicious if they see the opening date..
Do I need something else or those items are fine ?
Thank you
Joint credit card & utility bills are always good, but USCIS likes to see a joint bank account too. I wouldn't worry about the lease as much as the co-mingling of funds & joint debt.
Good luck!
Can we sell real estate that was originally purchased with a sheriff's deed or do we have to go to a lawyer to have the property cleared and converted to a warranty deed?
You should not be purchasing property at sheriff's sales without legal advice, and your post reveals you made that potentially catastrophic mistake. You cannot convert a sheriff's deed to a warranty deed. When you bought the property, you bought it with all the defects in title it may have had. With a lawyer, you would have done a search and determined if that risk was worth it. You can sell the property, subject to the problems you bought, which may or may not be fixable and may or may not scare off buyers.
When a bank issues a mortgage in someone's name, what are the legal circumstances?
The mortgage (debt) is owed by the borrower (this someone) to the lender (the bank).
My ex-wife of three years is still on the house deed. The separation agreement from 5 years ago allowed me to stay in the house as long as I refinanced within 6 months of the divorce. The problem is I can't refinance without her signing a quit claim deed. She refuses to unless I give her money in an amount that changes every time we discuss it. Can I file a suit to remove her from the deed? She hasn't contributed to the household payments for 6 years.
No you cannot remove her and she does not have to sign a quitclaim deed at this point unless you buy out her share. You would have to figure out what the house is worth and her share of the property minus your contributions from the date on which you were divorced.
You should never have let this go on like this. Talk to your family law attorney and if you do not have one then find one.
My landlord is trying to get me to pay for a washer / dryer they installed before I moved in (upon my request). The deal was that I move in, sign a 2 year lease, and pay $50 more a month in rent. Something has come up and I need to leave a year early. They've agreed to let me break the lease and move out and have someone moving in on August 1. However, they are still trying to get me to pay the remaining $50 a month.
Your landlord has the right to complete payment of any monies, for the rental and the additional $50 per month. If they're cutting you some slack by accepting a lesser amount to break the lease, you should consider yourself lucky.
How can I determine what square footage of a shared garage is mine?
The answer may depend upon whether the relative rights of the sharing parties are determined by their co-ownership of the garage, or some kind of an agreement short of co-ownership.
If the parties' rights to the garage are the result of their being its co-owners, either as joint tenants or as tenants in common, neither co-owner has any exclusive right to any square foot; the whole garage must be shared equally -- meaning, I suppose, whoever gets there first has the right to occupy whatever space he's occupying, even if it's 100% of the floor area. Messy, but that's the way co-ownership of real property works. Of course, the sometimes-chaotic results are frequently modified by formal or informal agreement between the co-owners. On occasion, however, co-owners of real property can't agree, and lawsuits for ouster and/or partition result. See Civil Code section 843.
If the sharing is the result of an agreement, including an agreement between co-owners of the garage, the amount and location of the square footage to which each party is entitled will depend upon interpretation of the agreement. Since there seems to be a dispute, I'd assume that the agreement is rather unspecific and/or the agreement is not in writing. One general rule often used by courts in handling lack of specificity in contracts is to try to determine the intent of the parties at the time of making the agreement. For example, back in 1988 Joe and Al began sharing the garage at the place where each had an apartment. Joe needed space for his 1956 Buick and a couple of trash barrels, while Al needed space for his motorcycle and a workbench and power tools. In litigation today, the court would probably consider the space needs of the original 1988 agreement (which needn't be in writing, or even oral, but can exist just based on the parties' conduct back then).
Hope this is somewhat helpful. If not, please re-ask with more details given.
Use a tape measure. Sorry. Just kidding. I agree with Mr Whipple that it is dependent on the documents that reflect your sharing relationship. In the absence of such documents, I suspect it will be presumed 50/50, but past history may be relevant to prove the parties agreement. The problems with joint tenancy are as stated, and are probably worst case.
I live in Pennsylvania. My husband had a will executed prior to us being married. Is that will still valid?
Yes it is valid but it has likely been modified by your marriage. Do you have your own will?
Yes it is valid as noted by Attorney Brown. However, in PA you cannot disinherit your spouse and you have to leave them as much as the PA elective share. So if something happened to your husband before he could make a new will, you would be entitled to an elective share of his estate and the remainder would pass as per his will.
Any time you have a life-changing event like birth, marriage, death, divorce, adoption or relocation to a new place, it presents the perfect time to dust off any prior wills and change if needed.
Since you and your husband are now married, you both need to see an estate planning lawyer and should have a will, financial power of attorney, health care power of attorney and living will in place. However, your husband definitely needs to have his will re-done.
You also should make a will - even if you think you have no assets now, things may change or you could end up being a dead millionaire (this happens a lot in wrongful death cases where someone may be killed, like in a horrible traffic accident, and the estate of the dead person inherits money from the wrongdoer's insurance company).
So you and your husband need to see an experienced local estate planning attorney.
A company tricked my husband into doing a test that they made it seem like it was for them. Then we got a bill for $5000. That they said he HAD to do at that time.
How can we fight that?
You're being obscure. You don't pay the bill. What will they do? Sue? Then defend the suit. Why is this such a big deal?
I agree with my colleague. If you believe you are not obligated then simply ignore the bill. If there is more to this story, however, you need to consult a lawyer in private and flesh it all out so you can arrive at a best course of action.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Starting an online boutique in Covington,Ga.What's All the legal documents that I need to file to GET started.Ive completed step 1 tax I.d. Number. So what licenses and permits do I need if Any? Pls.help?? Thank you
Those are questions for city, county and state officials. Otherwise, guiding you through a start-up is far beyond a site like this. You NEED a good business lawyer, CPA and insurance agent to get started.
You should not do anything without a CPA and a lawyer and an insurance agent. If you are doing things online, you need proper website privacy policy and terms of service notices, various disclosures and so on. You need state and federal tax IDs. You need a state sales tax account. You'll also need a local business license. You'll need to register a trade name. Depending on what is best for liability and taxes you will want to form some sort of corporation. And there are MANY more things you need to do.
I am just looking for some guidance on what to do. I am at the end of a 2 year long probation in polk county. i have a newborn baby and my fiance got an injury right before she was born that didn't allow him to work so he lost his job and home. we had to move in with his mom and step-dad to have a place to live but it is outside of polk county. i tried calling my probation officer when we were having to move but she was on vacation. so now i'm living outside of the county and have not spoken with my p.o. how do i approach the topic with her, and what should i say so i don't get a probation violation
Well, avoiding the PO or not telling them what's going on is a bad idea. Tell them the truth. It can't hurt, particularly if you have no violations at this point.
We have some tenants moving out and they have damaged the hardwood floor. We aren't planning on replacing it right away, but still feel like we should be able to charge the tenants for the damage they caused. Is that legal? And would you just estimate how much of the floor is damaged and how much it will cost to replace just those planks? Thank you so much! We're new to this whole landlord thing. :)
Yes, you can certainly charge them for the damage to the floor even though you don't plan on repairing it right away. Did they give you a damage deposit? If so, you can apply the deposit to the cost of repair (after, of course, giving they due notice of your intent to do so).
I have no way of knowing the cost of repair. Ask a reputable company to give you an estimate; that would be the cost of repair.
If you need an attorney to pursue this for you, please let me know.
Hello,
- I was cycling and was struck by a car from behind by an insured driver.
- Rushed to an emergency room for head trauma, fractured wrist and sever cuts to skin also called "road rash".
- Filled out an "Authorization for Release of Health Information" for the insurance company.
- Today, I have many scars from "road rash" and my wrist has issues, however I am not seeking physical therapy for my wrist.
- Today the drivers insurance wants to pay out a few thousand dollars for "Bodily Injury" and "Property Damage".
- Is hiring a lawyer worth the time and effort for a much higher payout?
Thank You in advance for your time.
Hello,
Based on what you are describing, you are entitled to much more than a few thousand dollars, especially if some or all of your injuries are likely to require future medical care or if you will have symptoms for months or years to come. A lot of other factors will determine whether pursuing this through an attorney is a good idea, but at the very least you should talk to a good personal injury attorney to discuss your injuries and your legal options.
Thanks,
Arkady Itkin
San Francisco & Sacramento Injury Lawyer
I most certainly agree with my colleague. You've got nothing to lose and everything to gain from consulting with an experienced lawyer. Insurance companies are not in the business to hand out cash to accident victims. Especially to those without representation. Their primary objective is to pay as little as possible. That is why they are posting billions of dollars in profits each year. Just check out the stars in the Department of Insurance web site.
From my prior experience I can tell you that wrist injuries most often do not heal fully and early onset of arthritic condition is common. You will cause a huge disfavor to your financial interest if you settle with the insurance company for the pocket change that they are throwing at you. Call one of us. We are here to get the maximum you are entitled to.
Even if liability is contested by the insurance company or the driver of the vehicle that struck you, your case is likely worth much more than the pittance the insurance company is offering.
It would be important to know the nature and extent of your injuries and their expected duration before determining the value of your case. By settling early on, you may be sorry months, years or more in the future if you continue to suffer from your injuries.
What is the nature of your head trauma? Traumatic brain injuries can cause subtle symptoms that may not be apparent early on. Moreover, a head injury could affect your judgment that might lead you to making a bad decision about what to do concerning many things, let alone settlement of your claim.
You may suffer from traumatic arthritis of your wrist in the future. If this is the wrist of your dominant hand, the problems attendant to this injury could negatively impact you in profound ways. A wrist fracture could affect you for the rest of your life. You may not be seeking physical therapy for your wrist, but you may require surgery to your wrist at a later date, which would likely require physical therapy after that.
You also mention the many scars that you have sustained, but don't discuss their nature and extent. You would be entitled to compensation for future scar revision procedures, regardless of whether you opted to undergo such procedures. Also, you would be entitled to damages for your emotional and psychological distress attendant to the scarring as well as to all of your injuries.
There is also the question of how much the insurance policy limits are for the driver and owner of the motor vehicle and other potential parties that may be liable for that motor vehicle and be available for compensation to you. By taking certain steps, you may not be bound by those insurance policy limits, but you would likely need a lawyer's advice to determine how to cause such a potential outcome.
Also, you should also speak with an attorney about the availability of other insurance that may cover you, beyond that of the insurance covering the motor vehicle.
Almost certainly, based on what you describe, hiring a lawyer would be worth the time and effort to obtain a much higher payout. There is not much time and effort for you to expend to go about consulting and/or hiring a lawyer regarding your claim. Rather, the lawyer will put in the great time and effort that you might otherwise expend in pursuing your claim, freeing you to focus your attention on getting the medical treatment you need without the stress of the ongoing claim.
I provide free legal advice without obligation and I'm here to help people.
Ben Glen
I paid a mechanic to replace an engine in my vehicle approximately 3 months ago. I recently took the car some place else for an oil change. They discovered that the frame on the vehicle had been broken and welded back together and not safe to drive. I contacted the mechanic who replaced the engine and he said that he noticed the frame was broken so he welded it back together. I know for a fact the frame was not broken before he replaced the engine. My question is - is the burden of proof on me to prove that it was not broken before he replaced the engine?
Yes.
Can they do this? My 14 year old son got locked up for aggravated robbery about 2 months ago. We just moved to a high crime neighborhood. My son never been in trouble in his life. We always stayed in sunburn areas. But because of my current situation we had to move. He's a good kid, who mixed up with the wrong crowd, him and 2 other boys robbed a lady and her young son in front of a school. We were suppose to be going to court for a 2 week continence for him to be send to Hill Crest for 6 months. But all of a sudden, as soon as we walk in the court room his attorney came to me and said he is going to DYS. No explanation or anything. We could even talk or say anything in his defense to the judge. They sentence to stay up to he is 21.. Why some long for his 1st offence? How can they do that? Is this right? I understand he deserve a punishment, he does too but that's wrong. All the judge kept saying was because of all the crime in the neighbor over and over. We just moved to this neighborhood 6 months ago today. How can he blame the crime in the neighborhood on my son? He is the only one of the boys getting this much time. Plus we never knew about he going to DYS. The P.O., attorney, and the examiner told me he will be going to hill crest for 6 months. How can they switch the sentence like that?
You may want to speak to an appellate attorney about this issue and see if they can assist you. Also here is the Ohio Public Defender's information. They also may be able to point you in the right direction.
Office of the Ohio Public Defender
250 East Broad Street - Suite 1400
Columbus, Ohio 43215
(614) 466-5394
(800) 686-1573
TTY (800) 750-0750
Can police break down a residence door and enter without a warrant based solely on a 911 call reporting a rape in progress? Once police find victim and safely remove her from the scene can they continue to break down a locked door to arrest the defendant?
It's a very close call and not something that can be answered on this forum. You really need to sit down with an attorney to see if you may have a motion to suppress or other defenses.
i owe rent a center money an i dont have there merchandise an i go to court next monday what do i do?
Is this a civil or criminal case and which court?
Hire an attorney -- do not go to court without counsel
Good luck
Two persons names are on a deed as joint, then one person obtains a loan, as single, using the deed. Two years later, quit claims the property to the other person. The other person then finds out there is a lien on the property, but not in their name. How can I clear this up?
Based upon the facts you described, the simplest way to clear title weighs be TU pay it she the loan. Until then, there remains a Leon on half the property. It, rather on a half interest in the property. The quit claim deed transferred only what the borrower had, a joint interest, subject to a lein. The lender was foolish accept a half interest as collateral. If the borrower files fir bankruptcy, the lein might be extinguished. As long as the lein wasn't recorded before the deed, , the person now holding the quit claim, might be able to file a suit to quiet the title.
Unless there ar other facts, the lien will probably remain. You should consult directly with a civil practice attorney in your area, to examine the relevant documents, and advise you as to your options.
Good luck
Good luck
I booked a vacation rental in Ca 6 weeks ago. I paid the asked amount and received a confirmed reservation. The company called yesterday to say their computer system made an error and they now want more money because the reservation is over a holiday period. As far as im concerned i entered into a contract in good faith. Is the law on my side?
I'd say the law would be on your side, assuming there are no important facts omitted; your case would be weaker if, for example, you had been furnished a price list showing the higher holiday rates and the subsequent deal for the lower rate was based upon mistake. Nevertheless, a business cannot place blame for mistakes on its computers, any more than a blundering surgeon can blame his scalpel.
Is a license of a patent, for a particular field of use, considered a sale of intellectual property?
No, a license is a grant of a right to use, with ownership residing in the original owner of the patent. A sale of a patent divests the owner of all rights of ownership, which is transferred to the buyer.
Cana twelve acre subdivision in mass use the abbutting private property for a drainage easement
Not without the owner's permission. Natural drainage as it exists now or as it might be given the current topography would be OK, but if you alter the natural flow of the warea or alter the topography of the site then you will be subject to having your project stopped or sued later as a nuisance.
I suggest you work out an easement with your neighbors.
My husband and I have been separated for two years (not divorced), and he remarried. Does that make him a bigamist?
His second marriage is void. When he is divorced from you it will be effective on the date he divorces you.
if I am a cosigner on an loan for a car and that car is in an accident, I am not the driver. Can I be sued for property damage or personal injury. What am I libel for?
If you are also listed as a co owner of the car you could be liable for the damages. Check the title of the car and if there is insurance on the car, notify the insurance company if you receive any correspondence from an attorney.
GM..My daughter was arrested because of suspended license, warrant for her arrest for failure to appear in court on a no seatbelt ticket. Oct 2013 she went before the judge on her speeding and seatbelt ticket; he ordered her driving class. She provided completion of the ticket to the courts and was told everything was taken care of. She was arrested and spent 2days in jail because of this clerical error. The judge apologized gave me a letter admitting clerical error and instructed the dept of motor vehicle to reinstate her license at no charge to us. I was told when the clerk scanned in the speeding ticket to be cleared, they failed to clear the seatbelt ticket which resulted in the arrest, warrant, suspended licence. My daughter is a 20 year old full time student, works, and volunteers in the community, oh and never had legal issues. The treated her horrible. When I found out she was in jail. I started at 7am calling the jail.and I did not talk to her until 4pm . omg.. rude is an understatement. Long-short is it a possibility she can recover damages for her wrongful incarceration.
Your daughter may have a claim. Was it a City or County?
My husband is paid commission based on the net profits of his division. His recent check was much less than expected and his company claims their overhead is extensive. My husband sold 1.13 million and the company is claiming that his sales are 26% of all sales, yet they say their overhead is 1.2 million. Obviously this is a small company and we did not expect the overhead to be so high. They originally agreed that he could see the P&L, but now they won't give him a breakdown of the overhead so he has no idea if he's getting paid fairly or not. Does the company have to disclose overhead breakdown?
If your husband is working pursuant to the terms of an enforceable contract
for which there is credible evidence that it may have been materially violated
to his detriment, then he could file suit and in the discovery phases of
the case require that the company disclose all relevant evidence in the matter, including its profit & loss statement, if such were relevant.
Otherwise, I find it most unlikely that a closely held, private company such
as the one described would be required to disclose such information.
I'm Canadian who studied Optometry in U.K and now want to live and work in U.S. I'm currently not licensed to practice in U.S; however, I want to start working in the eye care field. What are my options in terms of Visa to be qualified to work here. Can I be considered under TN Visa or I have to apply for H1-B visa? The company I'm talking to is also allowing me to come shadow/volunteer for 6 months until my H1-B visa is processed. Is it possible that I can volunteer U.S. while my H1-B visa is processing?
An Optometrist is not an H-1B specialty occupation unless the State of the prospective job requires a Bachelor's Degree as a prerequisite to licensure. New H-1B visas cannot be filed until April 2015 for an October 2015 start date.
You would need to check the NAFTA list for TN positions, to see if an Optometrist would qualify.
Hello - please call me at either (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
How can I settle a sexual assault case without a lawyer, and how to make a demand without it sounding like blackmail?
There are some things one can accommplish successfully in the court system without legal representation. This however, is probably NOT one of those tasks. There is simply no legitimate reason to proceed without hiring an attorney. If you have a good case, a reputable attorney will take the case on a contingency basis most likely.
Contact me if you need assistance.
(404)380-9026
my apartment complex didn't tell me my rent was late now I have to pay a court fine even though I had the rent check made out 3 days before rent was due and recieved no warnings stating my rent was late. What can I do to avoid more costly penalties that I cannot afford?
There is no duty on the landlord to tell a tenant when they are late. If you have a lease, that is established in the lease. If you do not have a lease, rent is late after the 5th. If you are saying you made out the check but never turned it in, then you need to devise a system to make sure you confirm when your rent is paid. If you are saying that you did pay, then you need to submit evidence to the Court that you paid on time.
