Unlawful Detainer ResidentialTenants voluntarily left premises after they were served with an unlawful Detainer. I no longer needed to get a...

Question

Unlawful Detainer Residential

Tenants voluntarily left premises after they were served with an unlawful Detainer. I no longer needed to get a clerk default judgment for possession. Defendants never filled a response with the court. What is the best way for me to proceed in order to get a money judgment for unpaid rent and UD filling/serving cost? If I dismissed the case in order to file in a small claim court, shall I dismiss with Prejudice or without. Also, will the small claim court allows for the fees that I already paid for the UD case to be included in my small claim?

These are the forms so far done and filled/served:

3 days pay or quit.

SUM-130 Summons-Unlawful Detainer

CP10.5 Pre-Judgment Claim Of Right To Possession

CM-010 Civil Case Cover Sheet

UD-100 Complaint

Answer

You can either dismiss the case with prejudice and file an action for the unpaid rent, or you can amend the current case to seek only damages. If you dismiss with prejudice, you are not entitled to costs, because the tenants would be considered the prevailing party.

i was in trouble in about 1984 in colorado end up w/a feloney,i have an oppertunity to get a job on bases working around the military bases ...

someone that i do not know online is demanding a ransom because on an online video chat she recorded sexual content of my self and is demand...

Question

someone that i do not know online is demanding a ransom because on an online video chat she recorded sexual content of my self and is demanding that i pay her or she will post it online and send it to my friends how can i go about this without reporting it to the police i don't want this on my record at all for backgrounds when i am applying to jobs?

Answer

First, you should never discuss, or reveal in any way private matters on the internet because it stays with you forever. Next, this is a form of extortion. Are her demands in writing? If so, I would report it to the police department as extortion is a crime. Of course, you do not have to follow my advice.

Good luck.

I had a baby and signed away my rights for the purpose of adoption the father was tracked down and took custody of the child, I am getting s...

Question

I had a baby and signed away my rights for the purpose of adoption the father was tracked down and took custody of the child, I am getting served with child support papers, I dont have the financial ability to do this, its a big reason I was pushing for adoption, what do I do

Answer

In North Carolina, if your parental rights were terminated, you have no obligation to pay child support. If your rights were never formally terminated because the father took custody and the adoption was no longer necessary, you may still have a decent argument to avoid child support because it was initially your intent to have your parental rights terminated and but for the father butting in - your rights would have been terminated. As an incentive to get father to back off of pursuing child support you may want to consider contacting him and demanding visitation or seek some sort of joint custody where neither party would pay child support directly to the other.

I recently hired tree service to remove trees at my home. Upon arriving home I noticed that they has also cut down a 30-40 year old tree tha...

Question

I recently hired tree service to remove trees at my home. Upon arriving home I noticed that they has also cut down a 30-40 year old tree that they were not suppose to take down. What course of action should I take? I have not paid him until I have had a chance to figure out my rights.

Answer

You could probably take this to small claims court on your own. But you need to be able to prove that the tree in question specifically wasn't to be cut and you need to have evidence, from a nursery or landscaping company, in person, as to how much it would cost to replace the tree.

I had a vehicle repossessed about 10 years ago, and now they have a judgement against me for $13,000.00. The only thing I own is my home tha...

Question

I had a vehicle repossessed about 10 years ago, and now they have a judgement against me for $13,000.00. The only thing I own is my home that I homesteaded about 2 years ago. If I were to file for bankruptcy in California can they take my house?

Answer

A full answer depends on many more factors, i.e., what other debt do you have, how old are you and your spouse, is either of you incapacitated, what is the value of your home, how much do you owe on the home, what other assets do you own, what is your household income, etc., etc. In CA your home equity is protected to the extent of $75K if you're single, $100K if married, $175K if either of you is disabled or 65 or 55 and meet certain income thresholds, etc. So if the home equity qualifies for the appropriate level of protection then you won't lose the home, but other assets might be in jeopardy. As you can see it's not a simple "yes or no" answer. Contact a bankruptcy attorney in your area for a free BK consultation to get a more complete response that's based on your actual financial and personal situation.

If you were put into some tournament style death game like in a movie and you won by killing tons of dudes to gain your freedom or some stuf...

Question

If you were put into some tournament style death game like in a movie and you won by killing tons of dudes to gain your freedom or some stuff would they even bother charging you with murder or anything O.O?

Answer

We shouldn't even have to read questions like yours.

Do you have to be certified to do a backflow test?

Question

Do you have to be certified to do a backflow test?

Answer

Not knowing what a backflow test is or what it involves I couldn't say.

Ok I'm going to court Monday the 27th for emergence custody of my children would it help my case if I have take pictures of the meth and wat...

Question

Ok I'm going to court Monday the 27th for emergence custody of my children would it help my case if I have take pictures of the meth and water bottle my ex used to smoke meth

Answer

Only if the pictures are current.

I've been married since 1992 separated in 1995 my spouse filed for divorce on April 3,2013 but I didn't contest, since there no under age ch...

Question

I've been married since 1992 separated in 1995 my spouse filed for divorce on April 3,2013 but I didn't contest, since there no under age children and either one of us have any property, we just want dissolution of marriage but he hasn't pursued it. What can I do to get this over and done with

Answer

File a response and ,if he does not cooperate on settling with you, set the matter for trial.

Answer

If it is uncontested, you both should be able to get a decree of dissolution. If you cannot afford some coaching from a local family law attorney, you may want to speak to a family law facilitator at your nearby courthouse.

My wife and I are getting divorced. I live in Florida and she lives in Ohio. She refuses to let me have a friend pick up my things and refus...

Question

My wife and I are getting divorced. I live in Florida and she lives in Ohio. She refuses to let me have a friend pick up my things and refuses to ship it even if I pay, and i dont have the money to drive up there and get my things. She is saying she will throw them out if i dont get them in 5 days. What can I do?

Answer

Advise her, in writing, her actions are unreasonable and you will be asking the court at the time of divorce to determine a value credit to you at the time of marital distribution for her actions in discarding your property without your permission.

Answer

If in litigation report to the Judge.

If no litigation, plan on quick trip to Ohio. You may ask for value of property if she destroys any.

In Illinois is a spouse liable for deceased husbands credit card debt if she was only a authorized user? He left no money.

Question

In Illinois is a spouse liable for deceased husbands credit card debt if she was only a authorized user? He left no money.

Answer

Can depend on what the charges were for. See an attorney to go over what they were.

Can I be denied entrance to a nightclub where a concert is taking place for no reason. This is a public event which I purchased tickets for...

Question

Can I be denied entrance to a nightclub where a concert is taking place for no reason. This is a public event which I purchased tickets for

Answer

Yes.

Business has the right to refuse service and access to whomever they chose. At most, they would owe you refund of a ticket price, unless you can prove it was for reasons of civil rights violation, such as race, religion, etc. .

If I sell a product online and handle all the marketing, advertising expenses, website costs, etc, but the actual product is made by a separ...

Question

If I sell a product online and handle all the marketing, advertising expenses, website costs, etc, but the actual product is made by a separate company that I buy from (this product is custom made for me from my design and is not sold to the public by the company), do I need some type of legal permission from the company or contract to sell that product?

Answer

Yes, you ALWAYS need permission to sell any product made by another company. If they make this product custom for you, you should have some agreement with them that they know you are selling it and that they won't sell it themselves and undercut you.

In my divorce settlement it states that I get the house ( which originally was my grandparents) it states that if i should sell the house in...

Question

In my divorce settlement it states that I get the house ( which originally was my grandparents) it states that if i should sell the house in the future he gets a lump sum of $..it also states that if the house goes to either child that agreement is void. there is no stipulation in the decree regarding taxes or insurance on the home. Can he legally force me to sell the home or is his only claim valid if I sell it

Answer

An attorney has to read the whole decree, not just your summary of it, to answer this question.

Im a teen mother and I've been staying with my boyfriends mom with my daughter. I live with my grandma but she does not approve of me stayin...

Question

Im a teen mother and I've been staying with my boyfriends mom with my daughter. I live with my grandma but she does not approve of me staying where im at. Can she call the police and report me as a runaway if she knows where I'm staying?

Answer

You didn't say how old you are. Are you 18? If not, who has legal custody or guardianship?

Hi, I have a valid h1b until december 2014, i got married recently and will file the paperwork requiered. I was wondering if i should file f...

Question

Hi, I have a valid h1b until december 2014, i got married recently and will file the paperwork requiered. I was wondering if i should file for the EAD and advanced parole ? Also, i worked for a small company the first year of my h1b, for a few weeks. I paid taxes and cleared everything on my taxes. Would that be a problem for my I-485 ? Thank you

Answer

If you are applying for adjustment of status based on marriage to a U.S. citizen, then the I-765 (EAD) & I-131 (advance parole) are part of the I-485 "package" that should be filed with USCIS; there is one flat fee for all the forms + biometrics; the I-130 is a separate fee.

Based on the facts you have provided, I am not sure why you foresee a potential problem with your previous employment.

Please feel free to contact me if you require further assistance. Good luck!

my childs father left when I was 2 months pregnant and moved to Indiana from sc now my son is 17 months old and my sons father is threatenin...

Question

my childs father left when I was 2 months pregnant and moved to Indiana from sc now my son is 17 months old and my sons father is threatening to take custody of my son is there anything I can do

Answer

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

i received a pink summon ticket for giving a police officer the middle finger, and apparently it was charged as a disorderly conduct. The is...

Question

i received a pink summon ticket for giving a police officer the middle finger, and apparently it was charged as a disorderly conduct. The issue i am having is that the officer who issued me the ticket seemed to be so spiteful that the ink she used to write on the ticket was extremely light, and now i cannot read anything on the ticket. I dont know the location of the court where im supposed to appear at, neither do i know the date of my court date. I dont want to miss it because i know it will become a bigger issue. What do i do?

Answer

I handle these all the time. Hire a criminal defense lawyer and you don't have to appear in court yourself. A good lawyer can get this dismissed.

Answer

This is not as serious as you believe. A criminal defense attorney will be able to determine the date & location of your appearance. Also most of these cases are defendable. Please contact my office @ 7188340087 for a free phone consultation. My rates for these non _serious offenses are very reasonable. Also please view my web-site nydrunkdrivingdefense.com.

my house has been broken into and my door was broken to the point of needing to be replaced. its been almost 2 months and my land lord has y...

Question

my house has been broken into and my door was broken to the point of needing to be replaced. its been almost 2 months and my land lord has yet to replace or repair my door. i havent paid the rent for the most recent month because i dont feel safe staying there if the door wont lock. what should i do? am i still obligated to pay her even though i cant really stay there??

Answer

Why has it gone on for 2 months? Simply withholding rent will likely get you an eviction notice, and even if you prevail that is damaging in the long run. We don't know the back and forth with the landlord for two months so that is a big part of the story that is left out. You certainly need a door that locks, but is it really so broken it can't be locked at all and anyone can simply open the door? You say you can't stay there, but are you really still living there? Have you checked the cost of repair, and deducting it from the rent (with advance notice to the landlord?) It is likely cheaper than the rent you want to not pay.

Can a RI Will, executed in RI by a MA resident, be legally modified by a MA Codicil?

Question

Can a RI Will, executed in RI by a MA resident, be legally modified by a MA Codicil?

Answer

I assume at the time the Will was executed the person was a RI resident. But the Will can be modified by a codicil if drafted properly.

If the changes are very extensive, I would recommend a new Will as opposed to a codicil.

step daughter in jail with warrant to discharge on a theft charge but new initial theft charge and initial receiving stolen property charge....

Question

step daughter in jail with warrant to discharge on a theft charge but new initial theft charge and initial receiving stolen property charge. Is she getting out?

Answer

Yes. But she will almost certainly have to appear in court before they set a new bond.

SO.... I'm in a custody battle... I had to hire an attorney and we just filed my counter petition and answer... my lawyers secretary SERVED ...

Question

SO.... I'm in a custody battle... I had to hire an attorney and we just filed my counter petition and answer... my lawyers secretary SERVED my ex/the petitioner copies of my 11.1 and 11.2 confidential information/source documents with my SSN, Employee ID and bank acct numbers... I recieved a copy of what was served upon the court, and my ex, and immediately called my attorneys office, left a message and she didn't answer. So I stopped in there before work today wondering WHY that happened... She basically told me it was an accident and asked me if I was worried he'd do something with that information. I am extremely furious and concerned about using this firm to represent me if they were able to do something so absolutely wrong. I understand people make mistakes, but they just gave my ex, someone who hates me, all of my most confidential information, ON a confidental court document. Is there anything I can do about this?? Please!

Answer

First, what they did is not absolutely wrong. Anything filled with the court is served on the other party. It is confidential in that it is not a public record. Your attorney's actions were entirely correct.

Second, the information is also discoverable as part of the case.

am I liable to pay for repairs my co-owner made without consulting me, over a period of six years?

Question

am I liable to pay for repairs my co-owner made without consulting me, over a period of six years?

Answer

Generally not directly, but your interest in the property may be subject to some or all of those charges when you sell, particularly if the sale is "hostile" through a partition action. You are not entitled to a free ride on genuinely necessary repairs just because you weren't consulted, but you are not responsible for unnecessary work, and possibly may be entitled to reduce the charges if you can prove they were more expensive than appropriate at the time. If you went to court over it a judge would make a determination of the reasonable amount you're interest in the property benefited from the work balanced against the cost of the work and then charge your share of sale proceeds that in favor of your co-owner.

Hvac company replaces part on my furnace. I was under the assumption the part was under warranty and i would pay the labor. They foot me a $...

Question

Hvac company replaces part on my furnace. I was under the assumption the part was under warranty and i would pay the labor. They foot me a $760 bill for parts and labor. I never signed anything and didnt i was being charged this until receiving bill. Do i have to pay $760?

Answer

What is your reason for thinking the part was under warranty? Do you have papers to that effect?

I have two questions I have dire need of help with, please help me.1. I'm trying to cancel my service with a cell ph company (no contract) a...

Question

I have two questions I have dire need of help with, please help me.

1. I'm trying to cancel my service with a cell ph company (no contract) and they refuse to take the phone back. The only reason I'm cancelling the service is that they are unable to provide internet service to the phone, even though their map says excellent coverage. the only reason I didn't sent the phone back earlier is I was back and forth with them, they were trying to fix it. The finally acknowledged they don't know what the problem is and they are not going to make any more attempts, so I have no choice but to cancel because the internet literally does not work. The phone was purchased through them and can only be used through them and it had a balance due. But, it was purchased through them & according to their promise to provide service through the phone.

2. Separate issues/company: I made a purchase a week or two ago and the company accepted my order and my credit card. I have done business with this company for months, but always had problems. I was trying to work back and forth with them on all of these issues, NONE of which had to do with the order I just placed. During this process, I decided I don't want to do FUTURE business with them for so many issues, I can't list. However, I still needed to fulfill the order for my customers and there is no other product like it, I spent the entire day yesterday searching. I did NOT authorize or ask for cancellation. In fact, I specified I still needed this order. Can they cancel my order AFTER they had already accepted the order and started the process (even with a credit back to my card)? This seems like a breach of contract. I now have three clients waiting for this product and it puts my business in danger. Basically, I think they got mad and thought screw you, which is obvoiusly not the professional way to handle anything.

Answer

1) without seeing your agreement, it is nearly impossible to determine if you have authority to return the phone for the full purchase price.

2) It sounds like the other company breached the deak, and may owe you for your damages. Damages might be the extra cost if getting replacement goids fir your clients, ir the lost profits from not being able to fill your client's orders.

You need to condult directlyvwith a civil. Oractice attorney in your area regarding both of your questions. Thete isn't enough informstion here to give a definite answer to either.

Goof luck

What can I do when my primary care doctor refuses to give me my medical records. I have health net medical.

Question

What can I do when my primary care doctor refuses to give me my medical records. I have health net medical.

Answer

1. If you have not done so, make your request in writing; 2. In California, Health and Safety Code 123100 requires the doctor upon receipt of the written request to provide you with a copy within 15 days of receipt of the request; 3) If the doctor continues to refuse to give you your records, make a complaint to the California Medical Board; You could hire an attorney to help you get the records but if the doctor still refuses, a pleading can be filed to force the doctor to give you a copy but the process takes months.

Answer

I agree with counsel above except you may have to submit a HIPPA release (your consent to release records) along with your request.

Wife was arrested for battery on me. I left to another house in the same state with the kids untill the case is over. Due to the domestic vi...

Question

Wife was arrested for battery on me. I left to another house in the same state with the kids untill the case is over. Due to the domestic violence am I legally able to do this. I am still letting her see and speak to the kids as when I went to the bond hearing the judge told her she can have supervised visitation after I told the judge I was leaving the house

Answer

You cannot relocate more than 50 miles without court permission.

Answer

If you are the victim of violence then you have to act. If you intend to permanently move more than 50 miles away you need permission from the court.

My daughter had been a stay at home mom for almost her entire marriage, could only get a minimum wage job with her education now. She filed...

Question

My daughter had been a stay at home mom for almost her entire marriage,& could only get a minimum wage job with her education now. She filed for her own divorce &husband; has been served. They have 12 & 17 year old children. Home being foreclosed on making payments on vehicles,2 bankruptcies, bad credit. Still under same roof. husband opened new checking acct for his paycheck deposit & used money from his 401k to hire a good attorney. My daughter can only afford fresh out of law school lawyers working as apprentices. Paid by me. He is trying to get custody and not pay alimony. Will this kind of legal council be enough for her to get what she should to start over?

Answer

you have answered your own question when you asked it.

get a truly unpleasant, smart divorce attorney and kick this idiot hard.

How long do I have to get out of a lease after it is signed for an apartment?

Question

How long do I have to get out of a lease after it is signed for an apartment?

Answer

Have an attorney review the lease to see if there is anything "fatal" about it. If not, you still may have choices: attempt to negotiate a termination with the landlord, or find a subtenant to take over the lease (assuming the lease allows it and most do). Anything else risks a lawsuit and a credit ding. For a complete review of your options, see an attorney.

I am trying to clear title on my house to finally sell. My father( passed ) is on the title with me and the is no mention of his interest (i...

Question

I am trying to clear title on my house to finally sell. My father( passed ) is on the title with me and the is no mention of his interest (if any ) in his will. The title co. is giving me problems with the wording on the title. What to do???? thx Dan

Answer

Most likely you need some kind of probate Court order. If dad's interest is less than $150k then a summary procedure should be available. It generally takes 6 weeks minimum so I encourage you to hire an experienced probate attorney asap. Good luck! -John

Answer

It depends on how you and your father held title. If you held as joint tenants, then you simply need to record an affidavit of death of joint tenant with a certified copy of his death certificate.

Answer

Both answers you have received are potentially correct, because you have not provided nearly enough information to answer your question. My guess is that if you and your father held title as joint tenants, the title company would not be giving you much trouble. They would or at least should be willing and able to assist you with preparing and recording an affidavit of death of joint tenant, and that would be the end of it. So that leads me to believe that you will have to do something in probate to deal with it. What you need to do and how to go about it, however, depend entirely on the rest of your dad's estate, his interest in the house, and the general terms of his will. Not specifically listing the house in the will does not mean the will does not govern what happens to it.

The bottom line is that you need to see a lawyer about this. It just is not something you can get dealt with in a free internet Q&A forum.

Answer

Mr. McCormick's answer is absolutely correct. You will need to consult with an attorney in your area to determine what needs to be done at this point.

can i sue geico because they did not get emergency roadside service to me in the time they told me and my animal (dog) died in front of my t...

Question

can i sue geico because they did not get emergency roadside service to me in the time they told me and my animal (dog) died in front of my two kids (15,6)

Answer

Depends on what the contractual obligation stipulates. You may have contract damages but not likely emotion injuries due to the dog's death. You would also need to prove the dog would have survived to be entitled to the value of the dog. This type of case can likely cost more than the value of the loss

Dear Sir/Madam,I had a problem with the Luminant Skin company. I was promised free product, I paid only for shipping $4.40. They charged my ...

Question

Dear Sir/Madam,

I had a problem with the Luminant Skin company. I was promised free product, I paid only for shipping $4.40. They charged my credit card for over $90 dollars. I called to vendor, they credit money to my credit card and canceled my order. After the conversation with the vendor I called my credit card twice and told them not to accept charges from Luminant Skin company. Month later the charges again appeared on my statement. I called credit card and remained that I did tell not to accept charges from this vendor. The credit charges to my credit card. Month later charges appeared again. The credit card ignored my request and accepted charges any way. Now it's in dispute with CFPB. While it in dispute credit card charged me late fee twice.

My questions are:

Whether credit card has a right to accept charges when I asked them not to?

Does credit card has right to charge late fee while the case in dispute

Thank you

Answer

One problem may be that you apparently failed to put your request in writing to

your card issuer to issue a charge back on this particular transaction and instead relied on telephone calls to effectuate your request (which is almost always a mistake and not in compliance with the applicable law which normally governs this particular issue as I understand it).

In California, how long do you have to be married to get the higher limit for capital gains? Does the spouse need to be on the title?

Question

In California, how long do you have to be married to get the higher limit for capital gains? Does the spouse need to be on the title?

Answer

You'll probably find your answer at http://www.nolo.com/legal-encyclopedia/avoid-capital-gains-tax-selling-home-29901.html.

Basically, a married couple filing jointly can exclude $500,000 of capital gains on the sale of a home belonging to either or both (as far as title goes), but it needs to be their primary residence. For a taxpayer filing alone, the exclusion is $250,000 -- thus having the effect of producing a different rate.

Note that the capital gain on selling a home isn't necessarily just the difference between the purchase price and the selling price. You can reduce the taxable gain even further by adding certain long-term improvement costs to your purchase price. Also note that the rules for a principal residence are somewhat different from the rules for other capital gains.

I'm currently renting a house in Houston. I paid my rent for this month. We got broken into. We called the landlord and he never came to fix...

Question

I'm currently renting a house in Houston. I paid my rent for this month. We got broken into. We called the landlord and he never came to fix the doors that night. We got broken into the next day. So we are wanting to get out of our lease which he said yes that's a good reason. But he wont get us our security deposit. Also we are moving out because the police said the house always gets broken into which he failed to mention and now he is trying to move people in now. Are we allowed to get are security deposit back and our rent since we are moving out the 21st

Answer

Sue him for your security deposit and for breach of the lease. He failed to provide you with a habitable dwelling. File the suit in Justice Court.

My work involves driving and visiting clients. However, there is no company vehicle and I use my own vehicle. I get reimbursed for the gasol...

Question

My work involves driving and visiting clients. However, there is no company vehicle and I use my own vehicle. I get reimbursed for the gasoline but company owner always accuses me of goofing around somewhere making unnecessary stops. Owner yells at me all time. What should I do? Thank you in advance.

Answer

Look for a new job.

If you are not fully reimbursed as required by your agreement and the Labor Code, you could file a claim with the Labor Commissioner.

In North Carolina is it normal/legal for a judge to run sentences consecutively (vs. concurrently) for armed robbery when both counts of rob...

Question

In North Carolina is it normal/legal for a judge to run sentences consecutively (vs. concurrently) for armed robbery when both counts of robbery were within the same incident?

Answer

Some sentences are mandatory to insure fairness in sentencing but North Carolina Judges still have quite a bit of discretion in handing down a sentence. For a charge like Armed Robbery, the Defendant most likely had an attorney. It is part of the attorney's job to ensure that the sentence is within what is allowed by law.

Can a landlord enter your home anytime he wants without notice or you being home if you pay your rent on time never miss?

Question

Can a landlord enter your home anytime he wants without notice or you being home if you pay your rent on time never miss?

Answer

Basically, yes. Read your lease. It almost certainly has a provision that allows the landlord to come in if he needs to.

What should I do about a urinating in public citation?

Question

What should I do about a urinating in public citation?

Answer

Depends on if you care about the conviction being on your record. If you don't, you may be able to simply pay off the citation. If you do care, you could request a PJC or hire an attorney. An attorney may be able to work out a deal with the ADA for a dismissal with community service or through some other program or perhaps something creative like making you wear a yellow tee shirt that says 'I Piddled In Public'

Answer

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

If there is a search warrant for a house that you dont live In anymore but your belongs are In the same Room that they found drugs in a bust...

Question

If there is a search warrant for a house that you dont live In anymore but your belongs are In the same Room that they found drugs in a bust can they charge you if the owner has already claimed the drugs ?

Answer

Possibly, but your scenario requires more facts. If you think you will be, or you have been, charged, then I suggest you speak to an attorney immediately to discuss the various legal defenses.

If you make small payments to the credit card company Can you be arrested or still sued if you still owe the company?

Question

If you make small payments to the credit card company Can you be arrested or still sued if you still owe the company?

Answer

You can never be arrested but you can be sued.

Answer

You can't be arrested or imprisoned. If you fail to make the minimum payments and are past due on your payments, the credit card company can hire a collection agency, sue you for monies owed, and negatively impact your credit rating.

They cannot, however, harass you at work with collection calls. They have to follow Federal and State consumer laws.

If all I want to do is have my married name appear on the deed to my property and add my husband to the deed can I fill out a Florida Genera...

Question

If all I want to do is have my married name appear on the deed to my property and add my husband to the deed can I fill out a Florida General Warrantee Deed myself and have it notarized without an attorney? The title is clear and there are no liens other than my current mortgage on the property as a title search was done by a title company when I bought the property.

Answer

We can help you Draft the the deed with no title research and record it for you. Please email me at [email protected]/* */ or call me at 305-921-0440 to discuss further.

Answer

Seek some legal help so you get this done properly. Perhaps Mr. Jurado is the attorney to call. You can transfer your interest in the property to yourself and your husband, as tenants by entirety. He will own an undivided 50% interest in the property. He will receive the property in full if you die. If that is what you want you can do that fairly easily.

Hi! I am looking to partner up with a techy for purposes of forming a web based company. I will handle the business side of things. I have t...

Question

Hi! I am looking to partner up with a techy for purposes of forming a web based company. I will handle the business side of things. I have the idea. I want to be in charge of how the website will appear, and function. And I have a marketing strategy. What I don't have is the tech skills. Thus I will be needing a code monkey to do handle the software engineering. Essentially, I will be the CEO, and whomever I partner up with will be the CTO. A two person operation, initially, until, should we be so fortunate, it takes off and then obviously we'd bring more people aboard.

There will be no costs initially---we will only be investing our time, working out of the proverbial garage.

How can I ensure that he doesn't steal this idea and leave me in the dust? I am vulnerable once I tell a techy of my idea. If s/he likes it, s/he can run off and do all the engineering his or herself. So that's one concern. The other is, even if s/he doesn't run off, how do we divide up the company. We can verbally agree to a 50/50 at the onset of this project, but how can I make this stand up in a court of law should my partner decide to break off at some point?

Should the business plan take off, I'd like to prevent a fiasco such as the Facebook one, i.e. Zuckerberg v. The Winklevoss twins.

I'm sure there are a ton of other legal issues. Basically, what do I need to do to cover my behind?

Thank you very much,

James

Answer

You will need a number of items that is beyond the scope of this website, so I would recommend that you consult with an attorney. To start, you will need to determine the best business formation for you company, taking into consideration the setup and maintenance cost. Additionally, you will need to have an NDA and/or Idea Agreement between the parties to protect your ideas around the technology being development.

An alternative would be to bring in the software engineer as an employee or independent contract to your company, which would reduce the issue of having to deal with a second business owner. However, you will need to have a strong employment or independent contractor agreement that specifically address ownership of the software development.

Feel free to contact me or contact an attorney in your area for further consultation.

Best,

Jim

([email protected]/* */)

On a deed not mortgage. What am I responsible for. I want no part of this piece of land

Question

On a deed not mortgage. What am I responsible for. I want no part of this piece of land

Answer

Sell or give it to a co-owner if there is one. Have a lawyer check title to make sure there are no outstanding debts or obligations on the property for which you may be liable.

I am the parent of 2 children and the PPR. My ex, who I do not get along with... lives close but a town away I moved over this past summer-s...

Question

I am the parent of 2 children and the PPR. My ex, who I do not get along with... lives close but a town away I moved over this past summer-so I had to put both daughters in a new school system( same county but different district)- one starting HS the other middle school. All was well until a month ago when my daughter stated complaining she didnt like the kids at school that some were being mean to her- so she complained to her father and his girlfriend who were lived that I selfishly moved away in the first place, even though I arranged all the transportation to make it easier to keep visits w dad. I also have texts from father and girlfriend telling my 14 yr old to hang in "that daddy is getting it all taken care of- and that mommy cant do anything about it, so clean out your locker etc"...which is coercion to a child...I lived in the same town w ex for 7 years- recently engaged and bought home w fiance... He just recently withdrew her and signed her up at the high school in town by him(25 min away from me) and its been only 3 days and I just rec'd a letter he did himself through the court saying that he is wanting me to sign - that I will no longer be the PPR and he will be and that he isnt going to pay any child support for her anymore. I am disgusted that this even happened but my daughter cried for days and refused to go to school and I met with social services at school and she would listen to them to stay at the school. Now I have to figure out a plan where I can keep my daughter and see her and make sure she is ok- and possibly drive her to her fathers school twice a week and have her very weekend to keep sure that I physically have her more than him. I dont want to pull her out of school as she's only been there a week and she may enjoy it or not- but she cant go transferring back and forth at a whim. What are my legal rights other than he is in direct violation of our agreement now and trying to cover himself by having me sign off as PRR? Can she live there just to go to school as I stay PPR? keep her Child support as well?

Answer

No. The answer is NO. do not sign anything.

And teenage children cause problems all the time for the parent that is raising them. That does not mean the child gets to do whatever she/he wants.

Call me, come in and see me, and I will assist you with this.

Robert Davies, Esq.

201 820 3460

i was doing some work for a company called best roofing,putting metal tops above 11 windows at some condos off of 120th and military ave.i w...

Question

i was doing some work for a company called best roofing,putting metal tops above 11 windows at some condos off of 120th and military ave.i woke up one morning with a kink in my neck,so i texted the boss and told him about the kink in my neck,he replied take some aspirn and get to work,so i did.bout 2:30 pm i left work early and went home and took a nap.i woke up with real bad neck and rt sholder pains and couldnt get up,so i called ambulense to take me to emergency room,can i go after contractor or even condos insurance company?

Answer

maybe, but you first have to go through the workmens' comp system.

Friend arrested one week ago, not charged to date due to "an accident" at the detention center. No information available where friend is cur...

Question

Friend arrested one week ago, not charged to date due to "an accident" at the detention center. No information available where friend is currently located: jail, hospital, etc.? What should his family do?

Answer

Retain an attorney to provide representation. He or she should be able to track the person down and help figure out the best way to proceed. Good luck.

(651) 994-6744

[email protected]/* */

Answer

The family should secure an attorney at this time and she/he will be able to assist them. Tricia Dwyer Esq., Tricia Dwyer Esq. & Assoc PLLC, phone 612-296-9666, dwyerlawfirm.net

Answer

An attorney can locate a person in custody by contacting the department hat made the arrest. For a consultation call 612-240-8005.

If a man takes a rented U Haul trailer, paints it and takes it across the border never to return it, and if the same man takes a new Ford Co...

Question

If a man takes a rented U Haul trailer, paints it and takes it across the border never to return it, and if the same man takes a new Ford Cobra across the border to Mexico and makes no payments to the Bank....and then hides there for well over 7 years, can he return to the United States exempt from prosecution? Does the Statute of Limitations protect him?

I am not the criminal. I am disgusted with the behavior of a man who did this. Can any action be taken against this individual?

Answer

The statute of limitations will not protect him from criminal charges if criminal charges are filed within the statute. Alternatively the owner of the Ford and the trailer can sue in civil court but that question will have to go to a civil litigator.

Answer

Mr. Shapiro is right that the owners could sue in civil court. There are statute of limitations for civil cases too, but those statutes are tolled while the defendant is outside California. In other words, the clock stops ticking when he leaves the state and re-starts when he returns. If there was still, say, six months left in which to sue him when he left for Mexico, there would still be six months left when he returned years later.

I don't know offhand if criminal limitations periods are tolled when the defendant leaves the state. But even if they aren't, all the prosecutor must do before the statute expires is to file a criminal complaint. If it was filed on time, the case would not become time-barred if the defendant evaded service for years afterward, whether by leaving the U.S. or by other means.

I am a woman in a gay relationship. We have lived together for 4 years ( an were married in Connecticut) . We live in a house she owns in At...

Question

I am a woman in a gay relationship. We have lived together for 4 years ( an were married in Connecticut) . We live in a house she owns in Atlanta ga . I am a flight attendant based out of state however my legal residence is with her. She has changed the locks on the doors and allows me to come to the house only under her supervision. I am moving abroad and need access to come and go at will in order to liquidate my estate . I would like to hold an estate sale but my partner is not allowing it . I am under the impression that in the state of Georgia she would need to give me 90 days eviction notice, however I am not sure if I can legally hold an estate sale from the house . Please advise . Thank you . Misty

Answer

To remove you as a tenant she has to give you 60 days notice. You likely cannot do a sale at her house. You can sue her in magistrates court for the value of your items if she refuses to let you get them, but you can't sell them there.

Answer

Let me add that you also need to file for annulment or you will never be able to remarry.

Answer

Since gay marriages are not recognized in GA, you can file for an annulment on the grounds that "Gay Marriages are NOT recognized in Georgia" (that should solve your "divorce" issue).

You may be able to file for an annulment and combine it with complaint for theft by conversion (she locked you out of your abode and is denying you access or possession of your personal property) and ask the court for compensatory and punitive damages (that should solve your property issues).

You might also add breach of oral lease contract and wrongful, self-help eviction (that should solve your "eviction" issue)

Good luck

Ralph (office) 770.985.6773 (cell) 404.353.6827

Hi attorneys, I'm back with important questions:My father made a two settlor trust in 2002. I didn't know it but he made his trust and anoth...

Question

Hi attorneys, I'm back with important questions:

My father made a two settlor trust in 2002. I didn't know it but he made his trust and another trust under my name. When he was signing trust documents, he did not transfer his real property into his trust. What he did was sell his property as a resale into my trust. He used a quit claim deed and a warranty deed. His trust was in my trust. He made me the original trustor. Question, in selling his real property to me doesn't that revoke his trust automatically? And if a trust is revoked can it be reopened to put assets into or do you need to have a new trust drafted over again? If someone who is not in the trust can that person legally draft up an affidavit without getting permission from the trustor? In other words after my father died can his revoked trust be used in any way? I know if a trust fails because of no funding you use a pour over will to put assets back into. Last question, is it true that if I have a trust does that mean that no one can get into my trust before I die? Thankyou all for your time and expertise

Answer

I've read your question three times to see if it'd dawn on me what really happened here, and to see if there are any answerable sub-parts to this puzzle. I'm not sure I can offer any helpful advice, but here are a few comments:

1. In trust terminology, settlor, grantor and trustor all usually mean the same thing.

2. It's possible for a single trust to have two or more of the foregoing.

3. A sale requires both a seller and a buyer.

4. Why would selling property from X to Y "automatically" revoke X's trust? I see no connection.

5. A failed express trust can be revived by an equitably-presumed involuntary trust or trust substitute called a "resulting trust."

6. Anyone can "draft up an affidavit" -- but the question remains whether the affidavit is of any legal effect on anyone or anything.

7. Whether anyone can "get into your trust" depends upon its nature....most living trusts set up as will substitutes are revocable, and creditors can get at assets held in a revocable trust almost as easily as when held personally and directly. Revocable trusts are virtually useless as creditor protection.

I doubt that any of this data is going to solve your problem, however. I strongly suggest you have an initial (free?) conference with a wills-trusts-estates attorney in your neighborhood. Perhaps your father got things all messed up, or perhaps he did an incredibly sophisticated estate plan that defies easy understanding -- but more likely, somewhere in between.

I am a remarried woman who has an 8 year old daughter from my the previous marriage. My current husband is in the Army and we are moving to ...

Question

I am a remarried woman who has an 8 year old daughter from my the previous marriage. My current husband is in the Army and we are moving to Alaska from Iowa and I, obviously, want my daughter to come with us. I have primary custody of her and she only sees her dad every other weekend. In our divorce decree it says that I am allowed to move no mare than 150 miles from him. Anything beyond that has to be agreed upon. He is not agreeing to this move to Alaska. What do I need to do to be able to legally take her to Alaska?

Answer

You're going to have to go to court and establish why it is that you now want to change the existing custody and support order. That's what you need to do to find out whether you can do what you want to do.

Purchase money 2nd mortgage lien stayed on my record after foreclosure. How can I remove it?

Question

Purchase money 2nd mortgage lien stayed on my record after foreclosure. How can I remove it?

Answer

First, I must ask, what record? Do you mean it's still on your credit report?

If so, one reason might be that the credit reporting agency doesn't know whether or not you are subject to a deficiency judgment or further suit. While most purchase-money seconds cannot be the subject of a deficiency judgment (see Code of Civil Procedure section 580b(3)), if the property were not owner-occupied or were more than four units, you would still be subject to a lender's suit for any deficiency after foreclosure.

If this is not your situation, contact the credit bureau and inquire about their procedures for correcting errors in your own report.

Answer

Even if you are not subject to suit for a deficiency, an unpaid loan will remain on your credit report for up to seven (7) years.

In 1997, I was charged with possession of Marijuana. Since then, I haven't had any other charges, put myself through college. I've had probl...

Question

In 1997, I was charged with possession of Marijuana. Since then, I haven't had any other charges, put myself through college. I've had problems getting jobs and apartments after criminal background checks and I always wondered why, but assumed it was the marijuana charge. Just this past weekend, I found out that the Attorney representing me back then filed it as a DISTRIBUTION OF AMPHETIMINES!!! which is felony!! I called the clerk of court, and they verified that it was indeed only a possesion of marijuana charge, but what about the past 17 years I've been walking around with a felony on my record which has prevented me from getting jobs, apartments, college scholarships?? Is that legal malpractice?

Answer

The first thing you need to do is see the clerk of court and have them retrieve the file so you can inspect its contents. Then you need to hire an attorney and see if you can correct the record if it is as you claim. I doubt that a malpractice claim can be pursued 18 years after the fact.

I can tell you that the way cases are indexed on Iowa Courts Online is according to the top charge even if they're pled down later on. For the outcome you have to read the disposition and most people don't bother to go any farther than the index.

My husband and I are legally separated. Everything has already been divided and signed. What is the procedure to now file for divorce?

Question

My husband and I are legally separated. Everything has already been divided and signed. What is the procedure to now file for divorce?

Answer

If you have a judgment of separation and the time has run, you will have to file a new case. If you have applied for legal separation, but no judgment is entered, you can file a motion to convert the case to a dissolution of marriage. If you have no papers filed at all, you will be filing a petition for dissolution.

Answer

You want to file a motion to change the legal separation into a dissolution of marriage. It really depends on how long ago the legal separation took place. If too much time has gone by, you simply file for what is called a petition for dissolution in California.

If too much time has not passed since the separation, the motion to convert your existing separation into a dissolution of marriage is the easiest route.

Good luck!

my grandfather passed away and in his will he left money to my mother and her sibblings. my mother is not living. who gets her portion of th...

Question

my grandfather passed away and in his will he left money to my mother and her sibblings. my mother is not living. who gets her portion of the money

Answer

Thank you for your question, and please accept my condolences.

I notice that you are writing from Michigan. To some extent, the answer to your question will depend upon where your grandfather resided at the time of this death, the type of money or property in question, and even the location of that property.

The first thing you want to do is look to the language of the will itself. What does the will say is to happen if a beneficiary is not living. Some wills will say something like, "My gold watch to my daughter Mary, but if my daughter Mary is not then living, then to my brother, Larry".

If you have questions about how the will should be implemented, or if you are being asked to sign off or assent to the conduct of the estate representative, you should consult with your own attorney.

Answer

Everything depends on the language of the will. It is not uncommon for the will to name siblings as beneficiaries and if one is deceased, that gift goes to her children. It is also not uncommon for the will to name siblings as beneficiaries and if one is deceased, that gift is split between the remaining living siblings. So the devil is in the details.

As to see a copy of the will. Or, if it has already been submitted to probate, you can pull the file and read it yourself. If you feel you are being wrongfully disinherited, please call me. I handle cases like this all the time. Hopefully, though, whoever is the personal representative will keep you well informed and will do their job properly.

Let me know if I can help you at all.

Steve

can a couple who has a 1 and 7 year old and are putting in an application to rent at a mobile home park have to fill out a application for a...

Question

can a couple who has a 1 and 7 year old and are putting in an application to rent at a mobile home park have to fill out a application for approval of additional occupant witch gives them no rights to tenancy.

Answer

Eh??

Of course you have to complete occupancy applications for most all rental agreements. If there are max occupancy limits, or juvenile restrictions [like senior complexes], then you should be told that upon asking about the property, or you will find it out when you disclose the truth.

I am an independent contractor in California currently working with a company that wants me to sign a contract with a non-compete in it. Is ...

Question

I am an independent contractor in California currently working with a company that wants me to sign a contract with a non-compete in it. Is this legal?

Answer

That depends on the details of your contract and the terms of the non-compete.

Answer

It's "legal" in the sense that putting such a clause in your contract doesn't break any laws. On the other hand, there's a real question as to whether it's enforceable. California law strongly favors competition, and non-compete clauses are often held by courts to be unenforceable because they are anti-competitive. That's why the details of your contract and the terms of the non-compete clause are so important. Another factor is that if you decided to do something that violated the non-compete clause and got sued, even if you won on the ground that the clause was contrary to public policy and hence not enforceable, you'd have spent a lot of time and money on your defense. (If there's an attorney-fee clause in the contract, that's kinda like "double or nothing" because you'd pay their fees if you lost.

If I didn't get my drivers licence returned after my DUI arrests can My case be dropped?

Question

If I didn't get my drivers licence returned after my DUI arrests can My case be dropped?

Answer

If you are an Iowa resident, the officer should take your license and not give it back to you after you are arrested. Whether he did or did not, however, is not grounds for a dismissal.

Can I sue LA Fitness for revoking my gym membership of over 14 years?

Question

Can I sue LA Fitness for revoking my gym membership of over 14 years?

Answer

The simple answer is YES. Most anyone can sue most anyone else for most any reason. The real question is do you have a case? or will you get your suit dismissed and have to pay the attorneys fees for the other party because you filed frivolous litigation.

Your question provides zero facts upon which any attorney could make any conclusions, other than you are angry. When evaluating a situation an attorney must determine 1) Is there a cause of action? in other words did someone do something wrong (legally)? 2) Were there damages as a result of the wrongful act? in other words how were you hurt by the actions 3) What is the likelihood of being able to prove the allegations of wrongdoing? 4) What is the likelihood of recovery from the person or party who did something wrong?

There are of course many other factors that a good attorney would consider, but those are the basics.

LA Fitness may be well within their rights to revoke a membership. They are a private business and with few exceptions can deny services to anyone they wish. There is no inherent or Constitutional right to gym membership, and I am not aware of any law that entitles one to a membership at a private gym.

You do not indicate why they revoked. You don't indicate how the revocation of membership hurt you. Obviously it means you can't go to LA Fitness, but what is the actual harm? Hurt feelings or embarrassment do not constitute damages in court.

Simply asking if you can sue is not enough information to get you any type of real answer. However, I am going to speculate that a law suit against LA Fitness for not allowing you to go their private gym is not going to result in a favorable outcome for you.

We bought a house with a fence ten years ago. The fence has been up for 20 years. The fence is on township property and the township now wan...

Question

We bought a house with a fence ten years ago. The fence has been up for 20 years. The fence is on township property and the township now wants it moved. We will loose substantial ground. do we have any options?

Answer

You would need to see if the fence has been up long enough to have acquired the property by adverse possession. I would talk to a local property attorney., Hopefully you had a ttorney when you bought the house you should ask him.

John

Hello,I have a 17 year old cousin that was left behind by her mother. They were both living here in Texas illegally and the child ran away f...

Question

Hello,

I have a 17 year old cousin that was left behind by her mother. They were both living here in Texas illegally and the child ran away from home. The mom went back to Mexico without an effort to find her. The child has now resurfaced and has a baby of her own. My family is helping to support both the teenager and the baby because the boyfriend was beating her and is actually in jail for other charges. Does she stand a chance at becoming legal based on being abandoned here by her mother and being a minor? Please advice.

Answer

She may be eligible to apply for DACA, but is not eligible to adjust status in the U.S.

There is no basis for an immigration benefit based on her circumstances right now.

How binding is a part-time contract (no benefits)? My organization has an employee that is doing a job that is being split. His current cont...

Question

How binding is a part-time contract (no benefits)? My organization has an employee that is doing a job that is being split. His current contract is good through May 2015. Due to some accounting issues, we feel it is important to compartmentalize some of the responsibilities with a new position. His salary will be decreased to compensate for the new employee ($20K to $14K, new position will refceive $6K). Can the organization restructure or void his current contract?

Answer

Merely compartmentalizing "some of the responsibilities with a new position"

does not sound like a restructure of your organization and therefore a viable

legal basis for voiding this employee's current contract with your

company (in my opinion).

Are all citizens in the state of Florida mandated to have a jointly signed marital settlement agreement in place before a final judgment is ...

Question

Are all citizens in the state of Florida mandated to have a jointly signed marital settlement agreement in place before a final judgment is entered into the court record?

Answer

A settlement Agreement is just that, an Agreement. If no agreement you proceed as a contested case. Whoever said a signed agreement was mandated is giving you a line.

Answer

Agree, agreements have to be reduced to writing to have effect.

What is the meaning of deeded lot on a beach property for sale

Question

What is the meaning of deeded lot on a beach property for sale

Answer

Deeded just means owned (as opposed to leased). In some parts of Maryland properties are subject to ground leases which isn't technically deeded (though the house is bought and sold). Sometimes the owner of improved property (say a house) will also sell an adjacent unimproved lot with it. Context is critical -- if the seller says it will deed the lot it is the same thing as saying it will sell the lot.

I fell at a hotel on Florida and broke my right ankle and tore a ligament. I would like the hotel to pay for my hospital bills, etc. Who do ...

Question

I fell at a hotel on Florida and broke my right ankle and tore a ligament. I would like the hotel to pay for my hospital bills, etc. Who do I talk to at the hotel?

Answer

Well you can start with the manager, but most hotels (at least a chain) will probably have their legal counsel contact you. You may just want to consult with an attorney now and let them handle it for you.

Answer

You should talk to an attorney first. Was the accident reported to the hotel? Do you have a witness? What caused the accident? Good luck.

Answer

Your circumstances will determine the best course of action for you. Consulting an attorney can be helpful to determine whether you have a potential claim or not.

A business, such as a hotel, is generally not liable for your injuries and resulting bills--even if they occurred on the property-- unless the business itself was negligent, and that negligence caused your damages. For example, if you fell because a condition of the property was dangerous, and the fall resulted in injuries, then the hotel may be responsible for your damages, including medical bills.

If, on the other hand, you fell on the hotel property because of your own actions, and the fall was not caused or contributed to by the hotel's act or failure to act, then generally the hotel would not be responsible for paying your bills.

Consulting an attorney to discuss your options and legal rights may be helpful.

Answer

Hi,

I'm sorry to hear about your injury. Depending on what happened, the hotel may well refuse to offer you anything. You really should speak to a lawyer who has experience in this area.

Our office has handled many cases against hotels in Florida. We offer a free initial consultation, and would be happy to speak with you about the situation.

After a case is nolle prosequi can more charges be filed?

Question

After a case is nolle prosequi can more charges be filed?

Answer

Yes. 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.

What is the proper way to subpoena my child custody court records and minutes?

Question

What is the proper way to subpoena my child custody court records and minutes?

Answer

In Florida these are public records and can be viewed at the Clerk of Courts office. Just ask. If the court is out of state, that states rules apply.

Bakersfield no rent control. Owner of a triplex for sale starts escrow and gives existing tenants a 30 day notice to vacate. Now 15 days int...

Question

Bakersfield no rent control. Owner of a triplex for sale starts escrow and gives existing tenants a 30 day notice to vacate. Now 15 days into the 30 day notice period the landlord finds that he made an error & the tenants should get a 60 day notice. Do they just ad the extra 30 days to the 15 remaining for a total of 60 days, Or do they restart the clock for a new 60 day period. Or do they have to complete the original 30 days & then start a new 60 notice period ..

Answer

I don't know of any law that specifically answers this question, but I can't imagine any court ruling the 30 days have to run and THEN give 60. The only real question is can the landlord just tack on the additional 30 days. My guess is a court would say "no, you have to give a new 60 day notice," but you can give that immediately.

Answer

You have to give a new notice for 60 days. It can be done immediately. If the 30 day notice is improper, then it is legally void.

Is there a limit for being able to press charges on someone who assaulted you?

Question

Is there a limit for being able to press charges on someone who assaulted you?

Answer

Depends on the police agency and how strong the proof of the assault is.

Does Contraband Charges Have A Deadline Or Expiration To Being Arrested?

Question

Does Contraband Charges Have A Deadline Or Expiration To Being Arrested?

Answer

All charges have an expiration under the speedy trial law. Criminal Procedure Law Section 30 has different rules for different types of crimes. They don't necessarily apply to arrest but they apply to prosecution. For felonies, the People must be ready for trial within 6 months of initiation of prosecution and within 5 years of the incident, there are exceptions for example, like murder and sec abuse. For misdemeanors, its 90 days and 2 years. For petty offenses, its 60 days and 1 year. If you consented to an adjournment, such time is not counted against the prosecution. These are general rules and there are many exceptions.

whats the statue of limitations on a driving on revoked charge?

Question

whats the statue of limitations on a driving on revoked charge?

Answer

Should be 12 months from the date of the most recent commission of

this misdemeanorr offense to be formally charged.

How do I petition the court for a default when the respondent has not answered the petition and he has an attorney

Question

How do I petition the court for a default when the respondent has not answered the petition and he has an attorney

Answer

File a motion for entry of default with the clerk. FYI a default in a family law case is essentially meaningless. Contact my office for free consultation. 727-446-7659

I fell on some ice at an open House. Can I get help with my medical bills

Question

I fell on some ice at an open House. Can I get help with my medical bills

Answer

Yes, homeowners insurance often allows small allowances to pay medical bills only, typically $2,000 or less, regardless of fault, but only for a very limited period of time. For actual injury compensation and larger medical bills, however, you would usually need to prove in court that the homeowner was a fault. WI assumes that the homeowner is not at fault for natural precipitation, although manmade ice, etc., can lead to a finding of fault. If that might be the case, you should immediately consult with an experienced civil litigation attorney because the case law relating to manmade hazards is amazingly complex and challenging, even for experienced lawyers. Claims adjusters are therefore likely to deny your claim until sued, and pay reluctantly even after that. Juries are equally reluctant to award money in such lawsuits involving falls based upon social norms making us more or less responsible for keeping ourselves upright and safe while walking, unless the hazard is unexpected, hidden or artificially created.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]/* */) for clarifications or further questions. Without additional arrangements, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www./answers/search/attorney/jknixon.

Can I legally drive a scooter that has a 49cc motor in Pennsylvania with a suspended license?

Question

Can I legally drive a scooter that has a 49cc motor in Pennsylvania with a suspended license?

Answer

You can't drive ANY motor vehicle with a suspended license?

Why is your license suspended? Can I help?

215-370-2608

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Can I legally drive a scooter that has a 49cc motor in Pennsylvania with

I am seeking separation from husband. We have two minor kids. I under stand that I have to move out with kids in order to file for child and...

Question

I am seeking separation from husband. We have two minor kids. I under stand that I have to move out with kids in order to file for child and spousal support. Ido not work. We have rental condo that is vacant at this time beside our primary home. Can I move there with kids and file. Can he stop me from living there with my kids? Both of our names on the mortgage and deed for both property. He makes the payments.

Answer

No, since you're a co-owner of this property, your husband cannot

stop you from occupying it with your children, if that is your choice.

My granddaughter who is13 got in trouble in school and was suspended for 2days. Her great aunt called my wife and told her they wanted to ta...

Question

My granddaughter who is13 got in trouble in school and was suspended for 2days. Her great aunt called my wife and told her they wanted to take her out of her school in bay point and if we would take her into our home and enroll her in school here in antioch. Of course we said yes because her brother and sister have been in our home since birth they are 11 & 12 years old.my concerns since her great grandmother has legal custody what are our rights? We also learned last night when they dropped her off she had a black eye and bruises on her body. Her mothers cousin the great aunts daughter last week Wednesday had beaten her all while her great grandmother is in the same room telling her not to leave any bruises. We don't no who to talk to or what we should do.can you help us?

Answer

I would call the nearest child protective services office to protect both you from future issues and to protect the child.

I will be 17 next month. I came to visit my dad in sudan, Africa for a month and wasn't aware my parents had planned for me to live here wi...

Question

I will be 17 next month. I came to visit my dad in sudan, Africa for a month and wasn't aware my parents had planned for me to live here without me finishing highschool or even withdrawing me from school. Im not in school over here and my visa was for a month so im basically an immigrant. Do i have any rights or is this okay because my parents says its okay?

Answer

what your parents say goes you are a minor and have no rights

if someone was accused of grand larceny in one city and turned themself in, and the same day they got out on a bond, another city puts out w...

Question

if someone was accused of grand larceny in one city and turned themself in, and the same day they got out on a bond, another city puts out warrants for them due to the first detective calling them , will a judge give a bond in that case. They turned themself in within an hour of the warrants being taken out.

Answer

Would seem to be up to this particular judge. (The accused or his attorney would seem well advised to contact the court in this other city which

issued these warrants to make them aware of this information and request to

have the warrants dismissed before any judge of that jurisdiction need

become involved.)

This is my second marriage I dated my husband for 6 years and have been married for seven years. We were very happy for the first 3 years. I...

Question

This is my second marriage I dated my husband for 6 years and have been married for seven years. We were very happy for the first 3 years. I had a bad accident and was not able to work for 2 years. Every thing changed he resented the fact that Dr. Bills were high and I wasn't working. He could afford the Dr bills he's the owner of a large company. I still love him very much but im making myself sick over this he puts me down and I never know from day to day what kind of mood he will be in. He's hiding a hugh amount of money, food, water cloths etc. for the end times. My Dr. tells me he sounds paranoid but he refuses to get help. What am I entitled to in Michigan if I divorce him.

Answer

I am more than happy to discuss your situation in detail. Feel free to contact me for an overview of the divorce process. I need much more information in order to advise you on property settlement and spousal support issues.

Answer

Our Oakland County attorneys will be happy to meet with you. Generally speaking, you'd be entitled to half of whatever assets accumulated or appreciated during the past 6 years. You might be entitled to less or to more depending on the particulars of your case. If you want to meet, call our office at 1 866-766-5245. You can read more on the web site for our main office in Lansing:

www.MidMichiganDivorce.com

So if You were To be pumping gas at the station and the hose blows and covers you in gas And it was just inspected A week before this. who a...

Question

So if You were To be pumping gas at the station and the hose blows and covers you in gas And it was just inspected A week before this. who and how much do you sue for?

Answer

Unless you have some permanent injury then you do not have a viable suit. If you have permanent injuries, I am sorry, and the value depends on the nature of those injuries assuming some negligence existed.

I I am a single mom living with a friend and his wife who are currently going through a very last divorce. Today child protective services c...

Question

I I am a single mom living with a friend and his wife who are currently going through a very last divorce. Today child protective services came to the house to interview me because my son and I had been named as "victims" in their case. I was completely shocked and had no idea what was going on. I told the lady that I was not involved in the mess they had going on and that my son had been out of town for months. His wife has apparently stated that I was the girlfriend and that I was being abused as well. I have had no part in their relationship and I want no part of this investigation. Am I obligated to talk to anyone about anything?

Answer

If you want the case closed by DCF and labeled Unfounded - Talk.

Hello. I am not sure what I can do, but I am under a dui suspension. The problem I am having is that my girlfriends father was driving my ca...

Question

Hello. I am not sure what I can do, but I am under a dui suspension. The problem I am having is that my girlfriends father was driving my car (we look quite similar), and was seen driving (not pulled over, just seen) and I recently received a mandatory 60 day sentance, fines, and an additional year on my suspension... There is no proof whatsoever other than the officers statement. So I am curious as to how they are able to charge me without anything but a few words... I ended up pleading guilty a few days ago because the cop and judge were threatening my girlfriend with charges if she testifies that I was not driving. Now, have 30 days to appeal the case and am looking at my options if I would be able to or not. Thank you for your response in advance.

Answer

I would try and do the appeal. But, it might be difficult because you plead. I would also see if I could get your girls dad to testify at the appeal.

Michael Kotik CRIMINAL LAWYER 267-265-4553

My 4 year old daughter required stitches in her cheek due to an injury. They numbed her cheek with a clear gel and made sure to re-apply the...

Question

My 4 year old daughter required stitches in her cheek due to an injury. They numbed her cheek with a clear gel and made sure to re-apply the gel frequently until the doctor was ready to administer the stitches, she didn't feel a thing and they told us to come back in a week to have them removed. 7 days later we returned, they took us back and started clipping the stitches out. After removing half of them we noticed the wound had partially reopened, they had to take the remaining stitches out and then they called in another doctor. The other doctor came in and said that they would need to redo the stitches. They administered the clear gel after me telling them to and then the doctor went off for about 15 minutes or so. When he came back he got his stuff ready and started stitching up the part that reopened, my daughter was tough and bared through it, she was crying but not moving, I asked if there was enough medicine on her cheek and the doctor assured me that it was fine, but I know my daughter and i know that even though shes only 4 she doesn't cry if it doesn't hurt. She barely cried when she got the injury and she didn't cry at all getting the first set of stitches. I now regret not stopping him and I feel horrible that my daughter had to endure that pain when I feel it was avoidable. She was extremely upset when we went to get the stitches removed 10 days later she was so scared it was going to hurt again.

Is this considered malpractice?

Is this something I could sue this doctor over?

I really feel like this was not something my daughter should have gone through. I cant even imagine how bad it really hurt considering she was probably already sore from having the original stitches removed and then getting sewn up again. It breaks my heart and I want to make sure this doesn't happen to other children just because they are too small to know that they can say something or that something shouldn't be as painful as it is.

Answer

NO, NO

Answer

Your feelings are completely understandable. Unfortunately, the legal system does not provide any relief in your situation. You would be wasting your time even consulting with an attorney!

Can a bicyclist that fell sue the driver in a car because he thinks they caused him to fall? There was no contact between the bicycle and th...

Question

Can a bicyclist that fell sue the driver in a car because he thinks they caused him to fall? There was no contact between the bicycle and the car.

Answer

Potentially yes. Seek some legal help with a local attorney

Answer

The bicyclist will have the burden of proving that some negligent action by the driver of the car caused the bicyclist to fall. If the bicyclist can do that, then the bicyclist would have a viable claim. You should consult with an attorney who handles bicycle injury cases

When judge grants quash and da appeals and judge says if another quash is entered it will be granted because defendant is protected under a ...

Question

When judge grants quash and da appeals and judge says if another quash is entered it will be granted because defendant is protected under a law which gives defendant a right to defend family on defendants property with a registered firearms? What happens next?

Answer

Huh?

my daughter and i bought a house. before i got married. does the wife have any rights to the house?

Question

my daughter and i bought a house. before i got married. does the wife have any rights to the house?

Answer

The community may have acquired a pro tanto (meaning for that much) interest to the extent that any community property monies (such as wages or salary during marriage) were used to reduce the debt on the house.

Answer

Simple question, but tough to answer. It depends. Contribution of community efforts or money towards the house can create a community interest. This type of issue is what keeps divorce counsel busy. Since this is now a factual matter rather than a legal question, it's unlikely any one can give you a definitive answer. You can get an answer by entering into a properly enforcable marital porperty agreement if your wife is williing to do so. This would require knowledgable counsel (preferably for each of you) and a willing spouse.

Answer

Only if she financially contributed to the house payment or improvement.

Answer

You'll certainly find out in a divorce, from the court.

In general, if you used any community property income or assets to pay any portion of the house debt or bills, she has a claim that will have to be dealt with.

my son has been incarcerated for 75 days he was arrested on vop and dealing in stolen property and provide false id regulated metals under 3...

Question

my son has been incarcerated for 75 days he was arrested on vop and dealing in stolen property and provide false id regulated metals under 300.00. he was on probation for dealing in stolen property in 2013. They are wanting to give him 16 months prison the fl. state is bull dogging him. Is this a normal offer should he plead out or go to trial?

Answer

Only his attorney can answer this question. There are so many variables when figuring out sentencing. 16 months can be a very low offer in some situations, a very high offer, or it might be right where he scores. Again, speak to his attorney about what is right for your son.

Answer

It is hard to say, but dealing in stolen property is a 2nd degree felony which means he could get up to 15 years for the offense. Many times the State will be very hard in a situation where the violation is for the same offense you are already on probation for. These offenses alone put him very close to mandatory prison without any prior record (it looks like these would tally up to around 41.1 pts and 44 is where prison is required).

what can i do to fight a domestic violence f-5 in ohio the case was dismissed at my preliminary hearing and somehow i got indicted i never t...

Question

what can i do to fight a domestic violence f-5 in ohio the case was dismissed at my preliminary hearing and somehow i got indicted i never touched her shes not my girlfriend she dont live with me i found out she pregnant the next day in jail the cops had her sign a victims advocate paper and arrested me she told the grand jury all of this she was fighting my girlfriend i didn't get involved but im in trouble i have little money my and i need help

Answer

In Ohio, most charges are first brought in municipal court. However, a second domestic violence charge after a previous domestic violence conviction is a felony and thus it must be brought in common pleas court after an indictment. So the procedure is to dismiss the municipal court case and then send the file over to the prosecutor in the court of common pleas so he can put the information he has before a grand jury and they can choose whether or not to charge you again through indictment.

You still have two defenses. First, you can argue that this should not be a felony since it is not domestic violence since the person you allegedly assaulted did not live with you and was not formally related to you. Second, you can, of course, argue that you did not touch her and the prosecutor will have to prove beyond a reasonable doubt that you did.

I live in MS, and I am pregnant from an affair. We are both married, but separated and have filed for divorce. I currently do not have any h...

Question

I live in MS, and I am pregnant from an affair. We are both married, but separated and have filed for divorce. I currently do not have any health insurance. What are his financial obligations at this point. He does not deny the baby is his, however he does not return any of communication efforts.

Answer

If you are married, the child will assume to be the husbands. You need to place the paramour on the birth certificate. Once the child is born you need to move for support. It is likely you need to sit down with an attorney

Hi,I remember a vague scene from a movie (American) in which the character as the tenant mentioned to the roommate he was about to rent one ...

Question

Hi,

I remember a vague scene from a movie (American) in which the character as the tenant mentioned to the roommate he was about to rent one of the rooms out to, that he as the tenant , by law, was authorized to rent out any rooms in the house at a price at his will, and concluded he was by law OK to collect more money than his current rent-amount he paid to the landlord. I can't remember the name of the state, too.

1) Here in NY, Am I as the tenant able to specify my own pricing for each room in the house, in total totaling to more than the current rent of the house, me making money out of this ?

2) Is there a law that says I can ?

Thank you.

Answer

This depends on many factors. Is your own lease subject to Rent Control or Rent Stabilization? If so, then you must comply with Section 2525 of the Rent Stabilization Code (or you can be evicted). Does the house's certificate of occupancy allow for the use you contemplate? How many tenants? Three plus you puts you into Rent Stabilization Land unless the rent is over $2000 per month. Five plus you and its a multiple dwelling. Do you have two means of egress for each sleeping room? Positive ventilation for fire escapes? Emergency lighting? Fire extinguishing systems? Exit Signage? If you incorporate, you will pay franchise taxes and if you don't then you're on the hook for NYC Unincorporated Business Taxes.

Are you beginning to catch my drift? Don't do this.

Answer

Most tenancy contracts contain a subletting prohibition clause allowing the landlord to regain possession for breach.

Answer

Most tenancy contracts contain a subletting prohibition clause allowing the landlord to regain possession for breach.

Answer

Most tenancy contracts contain a subletting prohibition clause allowing the landlord to regain possession for breach.

Answer

Most tenancy contracts contain a subletting prohibition clause allowing the landlord to regain possession for breach.

Hi, I have been working at my current company for about 15 months now in the IT department as a permanent employee. They have decided to pos...

Question

Hi, I have been working at my current company for about 15 months now in the IT department as a permanent employee. They have decided to post all our jobs on the company job page and told us that we would need to re-apply for our positions. This would include resume, interviews. They said anybody can apply for the job.

Does this mean that I no longer am employed at the company? Wouldn't they have to give us at least two weeks notice? I am over 55 years old, so would this be age discrimination? Thanks

Answer

You are still employed if you are still going to work, and terminated if told not to come in.

There is no requirement of notice for termination, nor of severance pay, in case you wondered.

It isn't discrimination if "all our jobs" are equally affected, and you alone aren't selectively treated differently in a manner that could be 'proven' to be related to age. You were 'old' when they hired you a year ago without discrimination, so what would make you think it was discrimination now?

Sounds like a company in the pains of downsizing and 'shaping up' for economic reasons. Do your best to compete for a new position.

Then, IF you can somehow show age discrimination in the 'new hiring' process, feel free to contact me.

I live in california. Have disputes with a contractor I hired to repair my house foundation. However, they cracked my foundation. I only Is ...

Question

I live in california. Have disputes with a contractor I hired to repair my house foundation. However, they cracked my foundation. I only Is there a minimum percentage of home value improvement requirement for the contractor to put a lien on my house?

Answer

No.

Answer

A mechanics lien can be for any amount that is owed or claimed to be owed. Unless you intend to sell or refinance before you can deal with the dispute with the contractor, however, a lien is really pretty meaningless. In over 25 years of construction law, I have never once seen a mechanics lien that was not either declared invalid and removed by the courts, or settled and released. Your real problem is not the lien but the fact that you have a cracked foundation that the contractor seems to think they deserve to be paid for.

was backing out of a parking space at shop rite. a suv was parked with motor running and a driver inside parked facing the fron of the store...

Question

was backing out of a parking space at shop rite. a suv was parked with motor running and a driver inside parked facing the fron of the store. i stopped and motioned for him to back up so i could pull out. he refused and started waving his hand to direct me out of the parking space. as i was backing up he yelled yoo and i stopped but i did tap his car . i looked in my mirror there was no damage so i left. an hr later i get a phone call from the police dept. i called back and the officer was very nasty and threatened me a ticket for leaving the scene of an accident. i do not believe that it was an accident. the young kid was parked illegally would not move and was directing me out. i told the officer over the phone my side of the story and i have to go down to the station with my info and he wants to see my car. i have no damage and i know he doesnt either . what can i do

Answer

You need to speak with the officer in person and explain your side of the story. Maybe he will choose to not issue you a summons. If he does you may wish to consult with a municipal traffic attorney because among the penalties for leaving the scene of an accident involving property damage only you could face a 6 month loss of your driving privileges. At the moment until you are issued a/summons you do not need to consult an attorney. You should have stayed at the scene because the other person is most likely the one who contacted the police. If he does issue you a summons then I would speak to an attorney as soon as possible. Please feel free to contact me at my office (201) 342 5030 or on my cell (973) 723:8995 I would be happy to speak with about the situation in more detail. I have been handling these kinds of cases for over twenty years and am certain that I could be of assistance.

i got a ticket in the state of Georgia after an accident involving a second vehicle. i will go to the court date and state my case. if the c...

Question

i got a ticket in the state of Georgia after an accident involving a second vehicle. i will go to the court date and state my case. if the case goes against me, can I then claim "not low contender"...

Answer

There is no such thing as "not low contender." I am assuming you mean nolo contendre, or no contest. That is a plea that is made before trial. Once you lose the case, you have been found guilty, so the answer is no. You would be wise to consult with a lawyer.

If three people own property as "joint tenants with right of survivorship," can one party will his/her share to another?

Question

If three people own property as "joint tenants with right of survivorship," can one party will his/her share to another?

Answer

No, the survivors get the property upon death. There is nothing to pass through the Estate

is it illegal to get someone hooked on drugs then mentally and physically abuse them and non forcefully hold them hostage?

Question

is it illegal to get someone hooked on drugs then mentally and physically abuse them and non forcefully hold them hostage?

Answer

What do you think?

I have joint custody with my ex-husband. Our son lives with me and I am his primary resident. In our divorce/child custody/support agreement...

Question

I have joint custody with my ex-husband. Our son lives with me and I am his primary resident. In our divorce/child custody/support agreement under summer vacation it says "RESERVED". But nowhere does it explain what that means. I have been all over the internet trying to find the answer with luck. He is giving me problems because our son does not want to go with him when it's not his weekend. I just need to know what RESERVED in this context means. Please? Any assistance would be greatly appreciated.

Answer

Unfortunately, it means that the two of you made no decision regarding summer vacation prior to the entry of your divorce and you did not ask the court to make the decision for you. As a result there is no agreement or order as to how the summer is to be handled or divided. When you agreed to joint custody, the two of you basically told the court that you could make decisions together in your son's best interests. It sound to me like you both are now allowing your son to make decisions rather than your working them out together. You do not say how old your son is so I don't know whether this is a good idea or not. If the two of you cannot resolve this, you need to submit the matter to a mediator and try and reach an agreement that way. Otherwise, you are headed back into to court and the court will impose a summer visitation schedule.

Answer

Reserved means that the parties and this the court did not decide the issue, that it was reserved to be determined at a later date either by agreement or by means of a court decision. If yo have joint custody, then it is an issue that you are required to mediate with your ex before you raise the issue in court.

Sir, I live in Georgia. I put in my two weeks notice, for 12222013, two months in advance. Human Resource call ask could I extend my time,...

Question

Sir, I live in Georgia. I put in my two weeks notice, for 12222013, two months in advance. Human Resource call ask could I extend my time, they had no replacement righw. I changed until 1152013. On 12232013, I was told my service was no longer needed after 12262013. Question is, I'm I still due get paid until 1152013? Question since I didn't quit, will my separation be termination, laid off or voluntary quit?

Answer

You say at the end that you did not quit, yet you started the post by telling us you did quit. Terms like "giving notice" or "putting in notice" for two weeks or two months really mean the same thing - you quit the instant you give them the notice. Working a minute beyond that takes the agreement of both parties and is just a courtesy or accommodation. It does not change the fact that you quit. People who quit don't then get to dictate the terms of how much longer they can work. A contract or binding company policy may give you more rights, but you did not mention that.

can the victom, petition thecourt to remove a no contact order? there are no restraining orders.

Question

can the victom, petition thecourt to remove a no contact order? there are no restraining orders.

Answer

yes. speak to the DA

I am an RMO for my company right now. Can I be an RME for another corporate company?

Question

I am an RMO for my company right now. Can I be an RME for another corporate company?

Answer

No, not an RME. You can, however, be the RMO for another entity IF one of the following exists:

There is >/= 20% common ownership between the two entities; or

One entity is a subsidiary of, or participating in a licensed joint venture with the first company; or

The majority of partners or officers are the same for both companies.

1. I had my first child in 200 i was 14 and my 2nd child in 2002 i was 16.2. I was married to their father, but things went really bad. I wa...

Question

1. I had my first child in 200 i was 14 and my 2nd child in 2002 i was 16.

2. I was married to their father, but things went really bad. I was basically rescued one night it was really bad. I went somewhere with my children, the father called police, the place wasnt quite fit, it was a fixer upper and the police officer said that the children should go somewhere for a bit until i secured another place. My husbands brother and his fiancee offered for the kids to stay there until i did this. a few weeks went by and i had got a trailer but it still wasnt good enough, i couldnt tell you why i dont remember. But I went over to see my children and when i got there, my husband and his family along with someone from social services was sitting at the table and told me if i didnt sign temporary custody papers that my children would be placed in foster care. so i signed. now for a long time there wasnt visitation and then there was. feeling guilty and being told things like my son needs stability and seeing me only causes him to act out more. struggled alot with what am i suppose to. i did have another daughter in 2003 who is still with me, so apparently im a fit parent. These temporary custody papers, im not 16 anymore, im not a bad mom, i want my kids in my life, im so sick of being told i cant see them or talk to them without permission from her, the fiancee who isnt even the fiancee anymore. my kids are with this woman who isnt even family. Last time i went to see a lawyer he told me that i needed 1000 to start things. I dont have that laying around, i struggle bad. What can I do? any advice would be appreciated.

Answer

Its hard to say what you can do without knowing more about your situation. However, there is one thing that you can do for free that may help and that is do what you should have done back when you were 14 - that's grow up, get some education and start making good choices in your life. You may not be a bad mother especially now at 27ish but in a lot of ways you are worse than a bad mother - you are an irresponsible mother. You seem to believe you have done nothing wrong and these awful things have just happened to you as if you just have bad luck or something. You made a horribly wrong choice to have children while still a child yourself not once, not twice but three times and these awful things that have happened since are a direct result of your poor choices. Until you come to grips with that, start taking responsibility for your actions and start making good choices you will continue to go through life 'struggling bad'.

I live in VA, my husband stated he is leaving me. He stated I need to find a home for me and our daughter so he can sell the house. He is on...

Question

I live in VA, my husband stated he is leaving me. He stated I need to find a home for me and our daughter so he can sell the house. He is on the loan to the vehicle that I drive and when asked about that I get I don't know. He states he will be quitting his job and moving out of state. He has been 75% of the family income for over 12 years. we have been married for 21 plus years. What should I do and what can I do?

Answer

Get yourself a local attorney to represent you who has some experience with

handling domestic relations matters (including divorce) in the Commonwealth.

I was wondering how to approach a situation. My son and his ex had a child. The child is now 3. The mother seems to only want the child to g...

Question

I was wondering how to approach a situation. My son and his ex had a child. The child is now 3. The mother seems to only want the child to get money. The mom has turned down full time jobs to keep getting child support, food share, badger care, ect. The child also goes to my sons house with weird bruises (such as hand print/finger prints) and other neglectful/abuse related things. My son voiced his concern and got told he is being nit picky and accidents happen. We thought about offering her a large sum of money to just sign over her rights since all she wants is money. Is there a legal way to do this? It seems like people want to keep covering up for the mother because its always 'poor her' why is there still such a bais? The GAL said my son was to stable and needs to give his ex more assistance so she can be stable. Once again, shr keeps turning down full time jobs and just trying to live off others and the government. Is there anything I can do as a grandparent? Or anything my son can do? The GAL they just had was meeting with his ex behind his back and it seemed like she was acting as her lawyer so idk if the court will do anything because the gal is on her side.

Answer

If a GAL is currently appointed, there must be a support or custody case pending. I highly recommend that your son retain an experienced family lawyer. First of all, he could request full or majority custody and placement of the child. Second, if there is no reason that mother can't work, he can argue that she should either be required to apply for jobs and/or have his support reduced because she could earn income. If you are concerned about possible abuse, you can contact the county child protective service. The GAL may not be biased. It sounds like you and your son could benefit from a family attorney to present and advocate your arguments properly.

I took my truck into the dealer with an issue, explained the problem and they said I needed a new transmission. I paid for one ($3000+). I d...

Question

I took my truck into the dealer with an issue, explained the problem and they said I needed a new transmission. I paid for one ($3000+). I drove the truck twice and ended up having it towed back because I had the same issue. They diagnosed this as the distributor and want me to pay $700 more for that. I told them I wasn't going to pay because i had the same issue and the initial fix didn't solve the issue. And that my transmission was never the problem in the first place. Do I have a case if I need to take them to court over this?

Answer

Sounds like they owe you a refund! Tell them you want to pick up your old transmission. You should have an expert look into it.

Once marijuana becomes legal for recreational use in California, what kind of measures would one need to take ( as far as but not limited to...

Question

Once marijuana becomes legal for recreational use in California, what kind of measures would one need to take ( as far as but not limited to obtaining permits, licenses, etc.) in order to run a Marijuana Lounge for smoking and possibly night life? NOT a dispensary

Answer

This is basically un-knowable at least until recreational use is legalized, and even then, perhaps not for a few more months until the law is effectuated by the passage of state and local regulations designed to carry out the underlying law. Look, for example, at the myriad laws and regulations adopted to carry out the repeal of Prohibition.

Answer

Recreational use of marijuana might never become legal under California law, though it probably will. Assuming it does, the answers to your questions will depend on what the relevant statutes will say. Those laws have not been written yet, so we can't interpret them for you.

Bear in mind that the federal government still forbids possession, distribution, or use of marijuana. When state and federal laws conflict, the federal law trumps the state law. So even if California legalizes recreational marijuana, your proposed business would remain illegal unless and until federal law is changed.

Answer

If and when it ever happens, contact your local city or county Business license department as a starting point for a list of 'compliance' rules and regulations.

Don't ignore Mr. Hoffman's advisory. Federal law still applies to prohibited drugs, and there are many federal inmates serving years of prison time for simple possession, let alone sales. California government and many of its citizens live in a lovely delusional PC dream world where whatever they want becomes 'legal' or accepted, regardless of the facts or reality. If you do end up opening a drug establishment, feel free to contact if and when you get arrested by state or federal authorities. I'll help you deal with the 'realities' of the law then.

Does my divorce lawyer have to handle my QDRO or can any lawyer handle it? Also is there a time limit on handling/finalizing a QDRO?

Question

Does my divorce lawyer have to handle my QDRO or can any lawyer handle it? Also is there a time limit on handling/finalizing a QDRO?

Answer

There is no requirement that your lawyer must handle the QDRO--any lawyer may do so. There are no explicit time limitations in submitting or finalizing your QDRO. However, you may run into difficulty, or perhaps even be barred by the court, if there is a substantial delay that has an adverse impact on the other party or on the pension plan.

My boyfriend was accused of a crime by his former girlfriend (by her and over the phone and he had no idea the police were recording the con...

Question

My boyfriend was accused of a crime by his former girlfriend (by her and over the phone and he had no idea the police were recording the conversation). He denied the allegations. They lived together. She decided she was moving out.He decided he was moving out as well. 23 days later, he moved out toward the end of the month and decided to move back to Arizona, where his family resides and where he grew up. It took him a few days to move out. It was in broad daylight in her presence. (She moved out after.) The police never questioned him, never came to the house or to his business. He did not hide, was with family in Arizona, was in touch with his former girlfriend. 9 months later, a complaint was filed and a fugitive warrant was issued. His bail was 100,000 and then raised to 1,000,000, specifically for the reason stating that he fled investigation. When he moved, his 19 year old son had been on drugs, and he moved his son out of state with him to a nicer area and cheaper place. (It's not unusual for him to move. He lived in TX near his brother for a year 5 years previous.) When they broke up, he had no family and no reason to stay in California any longer. My boyfriend has never been charged with any crimes in the past. He has a clean record. If he did not contact the police and if they did not contact him, how is that fleeing an investigation? I know they can state fleeing prosecution, but how do you flee an investigation by the use of trickery? (They had been secretly recording him over a period of time, his conversations with his ex-girlfriend. )

Answer

As a Former Deputy District Attorney, with over 27 years of handling these types of cases, I have had 100's with a "Pre-Text Phone Call.". Your boyfriend needs a very experienced law firm, with experience with these types of issues. Call an attorney TODAY. Most criminal defense attorneys offer FREE consultations, so start calling. I wish you and your boyfriend well......David Wallin

Answer

These are all things he needs to be discussing with his criminal defense attorney, and not here on a public forum.