If husband serves you with divorce but you already have a lawyer to do a uncontested divorce what will happen
It doesn't look "uncontested." Ask your lawyer.
Your hopes for an uncontested divorce disappeared. You have a contested case and will need your lawyer to respond.
You will need to take the service papers to your lawyer and let him/her tell you the next step. It may still be uncontested depending on what your husband is requesting in the Complaint.
Is it illegal to snap a photo of a traffic accident as you drive by?
In a public place? It is not.
Good luck,
www.BlakeDorstenLaw.com
727.286.6141
My 12 year old son had a court date on the 31 for misdemeanor possession of (hash oil).While waiting to go into court a juvenile probation officer approached us and said"that he wanted to give my son 6 months of informal probation. Then we went into court the complaint was read we pled not guilty and judge appointed us an attorney.Then the da told the judge that the probation officer wanted a chance to work with my son and me then gave us another court date in two weeks. Before we left the court room the attorney that was appointed to us turned around and said" i guess u are going to talk with the probation officer this case should be dropped". Probation wanted me to call and schedule an appointment the next day and stated that he would give informal probation and put the case on hold. I felt that the probation officer was being really pushy and in a hurry for some reason, so i did not call to schedule an appointment. His next email was alot more relaxed and said to call some time before the next court date.After researching i believe that if we choose to fight the case that all my son would get is the same thing informal probation.It is said that my son was in possession no (weights given) i believe it couldnt be over a gram.Is it possible that we could get this dropped to an infraction since that is what it would of been if not caught on school grounds, Less than an ounce .When do they decide to test the so called "Hash oil" to see if it is even a narcotic ? From what i have researched the lab could end up doing test and maybe keep what little is left.Then as a defendant dont we have the right to ask for the results or reports and underlying data. Then dont we have a statutory right to test evidence and if thier cant be a test preformed for what ever reason we could get the case dismissed. Bottom line is that i feel that we can get it dropped, and have other choices. Do you believe that there could be options?He is 12, fist time charge, not doing to bad in school.It was cited as a felony and when we told the first probation officer that we had nothing to talk to them about and to file charges they filed as a misdemeanor. Let me know what you think.
You do not need information, it will not help you.
You have good ideas, all of which require an attorney.
You are in the postion of someone who rides the bus, and then complains it does not drop them off right at their frotn door.
Court appointed attorney?=mass produced representation.
Want personalized attentive representation?
Hire your son his own attorney!!!
You have an excellent example of why you should have hired an attorney in the first place. Imagine how happy you would be if all of your suggestions were already in the process of being done, by his attorney; who meets with you at his office, with your son!!
Or take the bus.
Is it legal for an auto insurance company to require me to physically come to the office to cancel my insurance? AMAX is requiring this now.
How can they otherwise assure themselves that it is you without presentation driver's license and other identification. The ramifications for you are very consequential if it is not truly you. Secondly, if you try to do it by mail, certified mail, or otherwise, there may the 25 days that will lapse between the time of mailing an actual cancellation costing you.
Can you create a contest companie where you give away stuff, but it will cost a $1 entry fee to enter the contest.You
That's called gambling, and after the police confiscate the money, you go to prison.
My divorce decree states that my ex-husband should remove my name off the home and business mortgages as the co borrow. He claims he cannot refinance any of the loans because of his bad credit. Can the judge make him sale the house even though the jury stated to just remove my name and take over the debit? He has been paying some of the bills late. I have filed a motion of comptempt
You badly need a lawyer!
First of all, you CANNOT redo the property settlement. You can attempt to enforce it. However, impossibility is a defense to contempt. If his credit prevents a refi, or if the assets are upside down where he can't, a contempt could be a waste of money. OTOH, if you can show it is possible, contempt may help.
Sit down with a lawyer and strategize if you can do anything or not.
what is the average bail amount for a class 4 felony in decatur illinois
It depends on the charge and the criminal background of the defendant, if any.
My husband just got a paper in the mail stating they issued a warrant for unpaid Back-Child Support and that he needs to pay all of the owed back child support right now. He has been at the same job for over two years, every week like clockwork they take a large chunk towards child support and then $20 for Back Child Support. Why would he receive this letter if he's paying?
He or his attorney need to contact child support and check their accounting. Sometimes mistakes are made. He also needs to check with his employer for the records that they sent the money to child support.
If your renting a home and someone unknown hits the home's garage while your at work. Are you liable as a renter to pay for replacing the home's door with no financial contribution from the landlord/homeowner?
The landlord is responsible for replacing the door. If the tenant did not damage it, the tenant is not responsible for such a repair.
i am ethiopian and my mom filled i-130 form F2a child under 21 category, and uscis approved my petition and also i have submitted DS-260 form to nvc and its been like more than 3 months al i am turning to the age of 21 soon after 2months so i dont know what to do. Pls help me with this
Get with a lawyer quickly. You'll need to preserve your benefit and you are correct there is an "age-out" issue here.
My mother was badly injured at work and is near to the end of a 2 year long workman's comp. case. The judge ruled in her favor and now we are just waiting on final medical evaluation to determine compensation.
Two days ago my Mother's attorney called to say he could no longer represent her. He is going to work for the defendants firm! He met them through this case and now is leaving because of them offering him a job and his acceptance. Is this legal for him to do?
Please help our family. We thought we were through with this case. Any advice would be most appreciated :)
You need to hire a new attorney; one document, a Dismissal of Attorney, will fire the current guy, and a Substitution of Attorney will name a new attorney in his place.
You can write to the WCAB Judge that you insist the Insurance Company be ordered to obtain new counsel given your attorney is working there, creating a conflict of interest for the current defense firm. There is no requirement that the judge will order the insurance company to get a new lawyer. But it wouldn't hurt to alert the judge that your counsel abandoned you for the opposing firm.
DO NOT talk to "fight for you" TV advertisers!!! that's the wrong move. YOu need not just an attorney but a Certified Specialist in Workers compensation law... we specialists took an extra bar exam just in workers comp and complete continuing education just in workers comp...but we charge exactly the same as non-specialists who goof things up.
The prior attorney and the new attorney will 'split' the 15% attorney fee... you DO NOT have to pay 15 to first attorney then 15% to the next attorney.
I wish I could recommend someone in south Orange County, but I only know xlnt insurance defense attorneys there. try www.caaa.org and click "attorney search" and you'll find someone dedicated to stay with the Injured Worker instead of the defendant insurance company.
If you cannot find anyone and you're against a deadline, I have a handful of cases in Anaheim and Santa Ana, so you can find me at www.imhurt.info or at [email protected]/* */ or call 909-381-2771.
my father has dementia and is in a nursing home, my mom just passed away and did not leave a will. What do I need to do to handle their affairs?
Most likely everything went to your father. If you need to handle his affairs, you need to file for guardianship of him. If your mother owned anything in her name alone you need to probate her estate. If what she owned in her name alone was less than $100k, then you can file a small estate affidavit (look into the rules on this). If not, then you have to file for a full probate. You should consult with an attorney about this.
If you bought a piece of property that you have a note on it and you sell that property to someone else, can you take a note on it from them?
Well, I'm going to start out by saying that the answer seems to be "yes," but I need to add to that to make sure I understood the question correctly, and to make my "yes" answer more specific.
First, I assume that you bought a piece of real property and financed part (or all?) of the purchase price by giving the seller a promissory note secured by a deed of trust. This is the usual way of financing real estate purchases in California, by the way. Next, I assume you are re-selling the aforesaid piece of real property to someone else. When you do that, there's no reason why you cannot accept the new buyer's note and deed of trust as part or full payment. HOWEVER, when you sell the real property to the new buyer and therefore are parting with ownership of it, you will probably have to pay off the remaining balance you owe on the promissory note you gave to the original seller. That's because the note almost certainly has a "due on sale" clause in it. Some seller/lenders will waive the "due on sale" clause; I advise you to read your note carefully, understand its terms, and if necessary, try to negotiate to get the clause waived.
can my employer insist that I go to a drug rehab when I take pain meds prescribed by my doctor? They told me that if I didn't go that day I would lose my job
What kind of medical condition do you have? Who is employer and how many employees do they have?
Can I sue my landlord for the security deposit even though we did not have a written lease? I moved in on October first... paid the first month's rent and security deposit. I got a receipt for both. On January first the landlords moved out and I got a call from an agent saying that the building was in foreclosure and that I would have to pay rent to the bank that owns the building now. It's about to be 2 months since the building was foreclosed and the previous landlords have been ignoring my calls. Are the receipts they gave me enough proof to get my money back?
Don't be concerned about getting your money back if you are a New Jersey tenant. A NJ landlord, whether the original landlord of the bank, has an obligation to disclose, in writing, the location of your security deposit within 30 days. If that didn't happen, you may inform the landlord that the security deposit is to be applied to the rent. Thereafter, the landlord can never ask for a security deposit again. So, if it were me, I would just tell both the original landlord and the bank that I am applying the security deposit to the rent. If you are not a NJ tenant, your rules will be different. Either way, you may want to consult a local lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
What is the best way to shelter my savings (though minimal) in the event I end up in a nursing home.
Hi -
No one can answer this without more information about your circumstances. Your options will vary based on your health, your marital status, your living situation, your assets and the like. I strongly suggest you speak with an elder law attorney in your area about your specific situation. You may also review the information available on the web about the eligibility rules. Many elder law attorneys include this information on their websites. The State has published a booklet that includes some of this information also. It is found at http://www.mass.gov/eohhs/docs/masshealth/membappforms/saca-1-english-mb.pdf
Best of luck to you -
I'm an attorney in CA. Since real estate is deeded property I'm looking for local Counsel in New York to settle debts for Clients regarding their property.
We send demand letters to negotiate with the management companies to try and get Clients out of their obligations. The demand letter is based in federal law. Per file fee is 33-50% collected from Client. We cover the mailing expense and Client management for you (phones, etc.). You got to be able to call the other party and propose a settlement.
This is great for an attorney just starting out and looking for work.
Anyone interested please call 1 (866) 621-7113.
Two questions. 1. What size debts are you settling? 2. How is the weather in Lagos today?
my daughters father and I have a signed agreement with the courts stating that the other parent has to provide whereabouts about the minor child during reasonable times when with the other parent. If they go to eat I ask where they are going or where they went and all he will tell me is the city name. Is this ok per our agreement? Or should be answering my specific question. I know it may seem petty but I worry about where my child is ( 18 months old) when she is not with me cause her father is not an honest person and I worry where he takes her.
An interpretation issue is always for the Judge to decide. File a Motion for Clarification
I have had a CD in new jersey for possession of marijuana, about for years ago.Recently I was arrested for burning marijuana in public in the Bronx. Is it possible to plea for an ACD from the prosecutor without a lawyer? I am a recent college graduate applying for jobs and am financially unstable. A lawyer might be out of the question.
If you were convicted of a crime in New Jersey then you are not eligible for a marijuana ACD unless the DA consents, which is unlikely. I suggest that you hire a good criminal defense lawyer.
All assets have contingency beneficiaries. We have deed upon death on title to home listing my 2 sons. These are our only assets. We want to cancel our will so nothing goes into probate. Is this the correct thing to do? Some people say we should keep will. Others say if we keep the will our sons will not be able to put house on market for at least 18 months because of probate. Who is correct and what would you do? We are trying to avoid probate so our sons can put house on market right away.
It is generally not a good idea to cancel a Will, since there may be property unknown to the testator which may need to pass in some fashion to heirs. A common practice in more sophisticated estate plans is for a Will to "pour over" to a trust established by a testator, so that the probate is simplified and the ultimate distribution is handled outside of probate. Your attorney can explain further.
My brother (florida) is listed on deed with his deceased wife and has no children with her. if he dies, would the property then go to her children?
The title to the home would need to be clarified. Joint tenants with rights of survivorship? If so, he got title when his wife died. If listed as something other than survivorship, than her share may have transferred on death to her heirs, of which he would be included. More information would be needed. If he owns the property, unless he provides by Will for the transfer to her children, or unless they reside their as homestead, it is not likely that her children would end up with the property.
Ours is a small business in the state of California. We have provided our client company with an employee of ours (temporary worker) who works at the client location (also in California). In our contract with the client company, we had included a clause saying they would not be able to directly hire any of our employees for up to 6 months from date of termination of our contract. However, we did not spell out any sort of amount towards liquidated damages.
Our contract with the client company is still going on (we could get a termination notice any time though). Our employee has just informed us that the client company has offered him a full time job and he has accepted it.
Do you think we could make a case against the client company here?
Sure can. The law protects you from being an unpaid employment agency.
Assuming that this in fact does breach your agreement, you certainly would have a claim, but the bigger question is whether it will be worth the time, effort and expense of pursuing one. At the end of the day, it does come down to the damages.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis
My landlord wanted to evict me because I didn't have rent money but I managed to come up with $600 out if $925 which he accepted. The very next day I got served with eviction papers. Is that legal?
Probably, you owe the entire amount... By paying you limited your damages. The first thing was the three day notice... You still have three days to bring it current...
I signed a bail bond for 65000.00 on my son, he says he is not going to court on Monday is there anything I can do?
Call the bondsman today. Otherwise your options are to convince your Son to appea, or you can pay the bond. If you contact the bondman today, they might be able to help you avoid owing all the $65,000.
Good luck
Once a will has been probated, how long does the executor have to settle the estate?
There's no limit, but the patience of the judge.
After a will is admitted to probate, the executor takes as long as necessary to do the things needed to close the estate: first, marshaling the assets to determine what is in the estate, then dealing with creditors and claimants, then distributing property to the beneficiaries, perhaps after liquidating assets to cash. These actions can take quite a bit of time if there are many assets which need to be sold or if complications arise.
My ex and I are having a disagreement about part of our divorce decree. In the Co-Parent local schedule it says the co-parent, which would be my ex, will have the kids on the 1st, 3rd, and 5th weekends. The problem is the 3rd weekend of November is also the beginning of the Thanksgiving holiday. Herein lies the rub, she says if the 3rd weekend coincides with a holiday that falls on Monday, and according to the school calendar the Thanksgiving holiday starts on Monday, she has the kids that weekend through Monday. I say that rule does not apply for Thanksgiving, it has its own rule and it cancels out the weekend rule. The Thanksgiving holiday starts at 6pm the last day school before Thanksgiving. Who is correct?
Generally speaking, holidays supercede regular possession times. The paragraph before the listing of holidays should say "...Notwithstanding the Possession Order..." That phrase means that holiday possession times are honored over weekend possession times.
Generally speaking, holidays supercede regular possession times. The paragraph before the listing of holidays should say "...Notwithstanding the Possession Order..." That phrase means that holiday possession times are honored over weekend possession times. You will need to read your order, to confirm the language. If not, you probably need a Clarification Order.
Apparently, this is the "new" area that people are "fighting" about. A Houston Texas facebook page has family law attorneys posting this exact question at Thanksgiving. I wonder if they were discussing your case or another case similar to yours - interesting. The concensus on that site was that since Thanksgiving was specifically mentioned in the Decree that it is superior to the 1st, 3rd and 5th week-end visits. And, if the parties ended up in front of the judge that the judge was going to give the non-custodial parent make-up time and attorneys' fees.
The case in question arose because the school did not specially call it Thanksgiving week-end because there were some "teacher days" before the actual Thanksgiving break to give the children a couple of days extra of days off from school.
This is why attorneys make money -- people fighting over silly stuff.
So if your ex wants to try to avoid you having Thanksgiving -- then let her & then go before the judge and get make-up time and ask for attorney's fees. Judge's tend not to like ex's being petty over this type of stuff. Judges want parents to see their kids - especially at holidays.
Considering there are no tax issues to give someone money under $13,000 in a year, is it ok to collect rent or interest payments from a family member who is living in a property I own? I'm talking about less than $4000 a year and don't want to have to claim it as income.
The answer is no.
how long do i have before the judge puts out a warrent for my arrest, for failure to set a court date on a underage alcohol consumption.
If a person recieves a citation-summons form from a police officer, alleging a violation and requiring the person to call the court to set up a court date within a specified period of time, in my experience the court will not issue a bench warrant, say one day after the period specified. If you've waited past that period, it would make sense to call the court as soon as possible to set up a court date - even if past the specified time period. Perhaps it is not too later to avoid an arrest warrant and jail.
Generally, the court administrator may call you to schedule that date, If you remain out of contact for an extended period, a warrant may issue.
Is it legal for a business to refuse to pay an independent contractor if they receive an invoice after more than 30 days?
As a Franchise Attorney I don't understand your question. By "after more than 30 days" do you mean (a) the original invoice was not given to them for more than 30 days; or (b) they have been given the invoice and it's been more than 30 days with no payment? There's obviously a big difference. Especially in these economic times, getting prompt payment is becoming an issue. If you are owed the money, you may need to sue them - very likely in Small Claims Court. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
No. As long as the bill is sent and they are not past the statute of limitations, they can try to collect. The only exception to that is if they try to charge you interest for something they did not initially bill you for, then fine, I could see you getting out of that, but otherwise, just because they are late, that only means you don't have to pay them sooner than if they billed you after 30 days.
need advice regarding divorce. I've been married 12 years and I have 4 and 1/2 years old daughter. I am house wife. I don't have money how can I file divorce please give me advice
You may be entitled to a fee waiver if you have no ready source of income. You should meet with an experienced family law attorney to better understand your legal rights and your right to child and spousal support.
RE: Life Insurance Claim
My husband signed a term life policy about 2 years ago and died suddenly of a massive coronary...no history of any health issues...he was quite an athlete. Because he signed the policy shy of 2 years, the insurance company is going back 10 years into his medical history to see if anything was misrepresented. I am confident that process will be ok, but what is a reasonable timeframe for the insurance company to conclude their determination on the claim. I am a widow of three kids and work full time.
The insurance company should be able to adequately review the claim and pay out the funds within sixty (60) days. If you encounter additional problems, contact our firm for representation.
If you require additional information feel free to visit us online at:
http://www.rousecolaw.com
Best regards,
The answer often depends on how quickly the company can gather records from 10 years ago, so it would take a guess as far as what is reasonable. There is no reason to pay a lawyer any time soon (unless this has been going on for many months and you believe there is a real problem). The insurer has the right to conduct the investigation.
I am being sued in small claims court for a credit card debt where last payment I made was in 2011. Chase Credit Card disclosures agreement states, "This agreement and your account will be governed by the law of the state of Delaware and, as applicable, Federal Law".
I live in Massachusetts, the SOL is 6 years Delaware's is only 3 years, can I use the agreement as a defense for time barred debt?
This is an excellent question. The problem is that small claims cases are heard by magistrates, not judges, and magistrates can be very "loose" with applying correct law. Granted, as a small claims defendant you are able to appeal to the judge/jury, and then appeal again.
An informative resource on this issue is available here:
http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php
At least a couple of states ruled that the state's longer SOL applies, not the shorter Delaware one:
http://www.oregonlive.com/business/index.ssf/2012/03/the_oregon_court_of_appeals_sa.html
http://www.creditcards.com/credit-card-news/collectible-expiration-date-old-debt-statute-1282.php
I would guess that in Massachusetts, the courts would go with the 6 years, because you are otherwise availing yourself to protection of Massachusetts laws. But, I say, raise the defense at the hearing and see what happens.
Can a cop give me a no insurance ticket if they only pulled me over to find the owner who has a suspended license
If you were operating an automobile in Washington without having liability insurance coverage, you are subject to getting the ticket that you received. The police officer probably ran the plates before pulling you over and discovered that the owner was suspended. That is sufficient probable cause to stop the vehicle and check to see if the driver (you) was licensed and insured.
Can money that I spend on, or give to, my teenage children, for things like all of their toiletries, fees for summer camp, gas money, clothing (day to day wear and formalwear for school functions), food, haircuts, school trips, etc., be deducted from the child support that i am ordered to pay to their father?
Generally not.
Parents built their house in NJ almost 25 years ago. Throughout the years their mortgage has been packaged and sold to other banks. This year they sold their house. During the closing a title search was done and it showed a lien from 2001 from a bank that sold the loan to another company (and after that it was sold again and again). The company that SOLD the loan never filed the paperwork showing the loan paid when the next company bought it. No other company ever raised the issue as it kept being bought/sold/transferred. Now they find out the company isn't in business any longer either. The buyers of the house agreed to move forward putting that amt of money that says it has a lien in escrow. My parents are going in circles trying to figure out what to do. Their real estate lawyer is trying to help but not getting anywhere really. Any thoughts?
If your parents have not had success finding a company that will file a satisfaction of mortgage on the original debt, they may have to file an "action to quiet title" in Superior Court. However, the issue is not with the company that sold the loan but rather with the company who holds the note now or held it last. If the note and mortgage were sold together (as is almost always the case), the new company becomes responsible for servicing the loan and for issuing the mortgage satisfaction. There should also be a public record of the assignment to each new lender as the loan is bought and sold. Your parents' lawyer probably knows all that and is trying to solve the problem without getting it too messy. However, in the end, there may be no easy way and there may have to be a suit.
See also: http://info.corbettlaw.net/lawguru.htm
Can I bring my baby to court?
NO! Why would you even consider doing such a thinng?
John
I accidently cut off my left index finger on a saturday morning. Went to E.R. by ambulance. After being assest by the doctor in charge he informed me they had a hand surgeon on call and that i would be in surgery within two hours. Later i was informed the surgeon on call was unavailable. I ended up waiting six days to have the surgery i needed. Is there some kind of neglect here? Now i have a very crooked and unfunctional finger.
The question is whether the delay caused your crooked and unfunctional finger. If so, then you may have a malpractice suit to pursue.
What is 'Residence Premises"?
A sewer pipe was broken in the front yard and backed up into the house. The break was between the sidewalk and the street where utilities are run.
My insurance denied my claim to fix the pipe and clean up inside the house because the break was off the 'residence premises'.
I mow and maintain and have water sprinklers in this part of the lawn.
Even though it is outside the 'property line'(edge of sidewalk) is it residence premises?
Your insurance contract controls and the definition is contained within the policy. Have it reviewed by an attorney.
I had a family member falsely accuse me of something I did not do. Legal aid explained to me that I did not want this to go to trial and that it would be best to take the plea. I did so and gave the person accusing me an order of protection.. My question is if I can go get myself an order of protection because now I'm afraid of this person accusing me of something else?
The facts here are a little confusing. Are you saying this person has an order of protection against you? If so you should not be near that person by the instructions of the order. Since you won't be near them, it seems unlikley you would also need an order of protection against them, but these have been granted. Speak with your attorney about this.
Mother wanting to gift fund to children and wonders how much can be gifted non taxable per year and what forms does she need.
Do NOT take any steps to do this without Mother talking to an attorney regarding this. She can inadvertently foul things up; it is worth paying for a consultation to avoid tax liability down the road.
Is the Loving vs Virginia Supreme court case a segregation case
Essentially, yes. In it, the Supreme Court struck down the anti-miscegenation laws that criminalized interracial marriage and intimate relationships.
Hello I came to the U.S about 6 months ago from Portugal with a tourist visa and ended up staying here.. i liked the country and now i'm illegal because i pass the 90 days permit.
I have an technical-professional course of Lab Technician. What i want to know is what i need to do to get my situation in U.S regulated, by this i mean get an equivalency for my studies and after that start working or study with a visa.
Thank you.
Hi. Once your out of status, then you can't change status. To use your skills and education to get an employment based visa, you'd have to change status while in the U.S. Without more and based solely on what you've written here, departing the U.S. immediately and then applying for the relevant employment visa abroad is your best chance at regulating the current issue. That said, the DoS doesn't have to issue you a visa (based on your overstay) and if DoS does issue you that visa, CBP does not have to admit you to the U.S. upon your return (even with a valid visa). So tread carefully.
Hello - please call me at 2129688600. Kind regards, RDM
In 2000, i plead guilty to one count of PC 311.1(a). I received no jail time (i never spent any time in custody) and was not required to register as a sex offender. I was 21 at the time and did quite a poor job of finding out the exact details of my plea. As i remember, i believe there was mention of a reduction to a misdemeanor and possible expungement after successful completion of a three year probation.
I completed my probation successfully and have had zero law enforcement contact in the last 15 years. I have since moved out of State.
Is expungement even possible for this type of felony offense? Is it possible to get it reduced to a misdemeanor? If it was reduced, would it show up on a background check by an employer?
I'm desperately trying to get out from under the stigma this puts on me and the damage it causes with potential employers. What would be the best way of going about it? Would i have to go back to the courthouse where i entered my plea and petition a judge? Would there be any point in getting a reduction for this type of offense?
What I'm really looking to do is get it expunged. Any and all help is greatly appreciated.
Thank you for your time.
California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.
Contact a good local criminal defense attorney that practices where the conviction occurred.
I am a single mother of two. I have always been the custodial parent. My child support order was put in place for 8 months and he only made a couple partial payments in the beginning. Nothing has been paid in 5 months. He is not over 14,000.00 behind. This isn't my main concern. My main concern is that since we had our custody hearing, he has yet to take advantage of the order. The kids and I even moved closer so he could see them. A month after we moved, he move across the county and quit his job saying now he doesn't have to pay child support. All of this has put us in a major financial bind. Also, per his request in mediation, I left my career in the military so that I would be able to be there for my kids without fear of having to leave due to deployments. So I changed careers. He has yet to make any contact with the kids. I have occasionally been able to get ahold of him. He refuses to disclose his address or any information that would give me the ability to locate him. I want more than anything to have his rights taken. I want us to be able to move on with our lives. Specially if he doesn't want to help take care of them or be a part of their lives. My eldest is autistic and so we are all learning to adapt to the changes in the household. He functions best when he has a routine. The one and only time he say his father (for a couple hours), it took about two weeks for him to bounce back from the visit. Just because his schedule and life was altered for half a days. Is having his parental right taken away even a possibility?? The kids have only seen him once since 2013
Everything was completed through the courts in virginia. We now live in VA.
Divorced since may 2014
Child support order of 1696.00 in place since June 2014
Custody order in place since august 2014
He current receives disability from the VA
It would appear that your first order of business, so to speak, should involve
the enforcement of this delinquent child support order(in my opinion) before attempting to deal with any other issues. (And, no, no court is going to terminate
a father's parental rights on the basis that he hasn't paid his court-ordered
child support obligation.)
I have an order that had been modified for joint custody and there is a geographic restriction on the order that my son stays at the school in houston texas.. His father is moving to florida for two years cause his wife joined the military and he wants to take him.. Will the court side with him on this?
If there is a residency restriction to Houston and you visit the child frequently and am active in the child's life then modify immediately to gain primary custody.
Dad can live wherever he wants but the child is restricted to this area.
If you don't act quickly you lose it!
Look on this website and on www.avvo.com for an attorney to help you with this modification.
Do it today!
We cannot make referrals or recommendations on this website or we get "kicked" off.
Good luck!
So long as the residency restriction is in a court order then he cannot move the child out of the geographic restricted area. Do not acquiesce to his desire to move your child out of the state if you oppose losing your connection to your child. You need to hire an attorney to modify the order to seek primary custody and keep your child.
Whether he will prevail in a modification could depend upon a number of factors. The best protection for your relationship with your child will be to start working now with a family law attorney who can guide you through the process and advocate for your rights.
Wife charged me with theft
Of $300.00from 01-01-13 to01-01-14 is this legal
Not only is it legal, it is standard for theft scheme.
What is the next step after filing All briefs with the appellate court?
Maybe oral argument--or not. (The court will let you know.)
Hello,
I have a unique situation. I am a long term commercial lease holder on a piece of property for the last 4 years. Never late on a single bill and in no way in violation of my lease. The landlord however has turned out to be a deadbeat landlord and in turn has lost utilities to his property and has violated the lease agreement in a multiple of ways. The County is looking to pull his use permit for the property but has not done so. The County has ordered this landlord to file unlawful detainers on all tenants and lease holders to quickly evict them. But the county has given him no violations or paperwork or anything in writing what so ever. I have a lot to loose by being pushed out. My entire business and livelihood. There is no possible way I can move out in a hurry and face loosing all of my personal property. My lease is very well written and states an amount of time that I would need to move if in violation. Can anyone please help and give me an idea of how this might play out by a judge? Thanks C.
Your story does not add-up. The county has no power to order a landlord to evict tenants, and they certainly would not do it without paperwork. I don't know what the real story is, but it is not as you describe it. Is your landlord lying? I don't know. It just doesn't add up.
I was fired from my job because of poor attendance. I was put on final notice for my attendance and at that time I had mentioned a Co worker who was constantly late. My employer stated that that issue is being addressed. Since my final notice I had a few instances of Doctor ordered time off as well as mishaps leading me to be tardy. According to my final warning, at the first tardy or absence I should have been let go but was not. Also during this time the other coworker I had mentioned still continued to be late. On March 23rd I was seen by a physician and given an off work order for the following day 3/24/2015. When I came in on the 25th I was informed of my termination. So is my termination just if not all employees are held to the same rules?
Nothing requires an employer to treat all employees equally, by the same rules, or even fairly, as long as it does not breach a contract, and is not done as part of discrimination based on a protected classification such as race, religion or gender.
I see no basis for you to challenge your termination, based on what you wrote.
If I was convicted of ca pc 529(3). in 2008 of a felony and eligible for 17b reduction to a misdemeanor after completion of probation. in 2011 after it was reduced to a misdemeanor I was granted dismissal. my question is would I be able to go shot or own a firearm.
NO. Conviction of a felony loses you your firearms rights, forever. Expungement, reduction later, or other change does NOT change that loss.
I disagree with Mr. Nelson. Reduction of a felony to a misdemeanor may restore gun and voting rights. There is no blanket rule that says that a felony that is later reduced prevents gun ownership for life. Rather, each specific case has to be looked at and different statutes applied.
A misdemeanor conviction under Penal Code section 529(3) is not on my list for crimes that would prohibit gun ownership. You may want to double check with the California Department of Justice, which I believes has a form that you can use to find out if you can lawfully own and possess a firearm.
in pa. how long do I have to wait to have tenant evicted for nonpayment of rent?
What does you lease say?
John
I have been informed that in the state of pa. you can have a conviction that occurred 15 years past, quashed. nothing else on record, just one stupid mistake, and it was reduced. however recently been informed that the original charge is what shows up if records are checked. any help would be greatly appreciated. thank you
You are informed incorrectly. Only summary convictions may be expunged, after 5 years. All other convictions remain public record, including original charge. There have been several attempts in the legislature to change this to allow expungement of other convictions but these have not passed. Write your state rep and state senator and ask them to support this.
Can a Chapter 7 trustee force the sale of a co-inherited home?
My husband and I will be filing Chapter 7 shortly. My husband's father just passed away and left his home to my husband and his sister. We were not intending to sell the home mainly because we will probably lose our home and were planning on living there. Can we be forced to sell it?
Yes. It makes no difference if it is inherited. If there is significant net equity (which is a magic number that varies by trustee) for the estate after expenses, it will be sold. Most trustees will first offer to sell the interest to the co-owner (sister), but if that does not work the trustee will seek a court order forcing the sale. Obviously, this is an issue that should be discussed with your bankruptcy lawyer. What will make the situation far worse -- try to transfer it to someone else before filing.
My disabled friend was living with his child and the baby mama moved in and he slept on the couch. He has a brain injury. This woman forged a signature to remove him from the lease and then sent that in to HUD. The leasing company accepted the signature without his presence, witnessed or notarized and took him off the lease without his knowledge. Then HUD used that document as proof of him not living there and he lost all of his benefits. The signature does not match the signature on his licence nor on the original lease. He is very ill and now has no medical because it was tied to the housing. I do not believe it is legal to accept a document that has not been authenticated in some way. I believe the leasing company is partially liable. am I correct?
Not sure how the leasing company is liable. I'd don't see how they breached and don't see what duty they owed when she perpetuated the entire thing... She did it, she is liable
The types of documents you mention probably don't require notarization or that the person receiving them independently verify the signature. However, forging a signature on a legal document is a criminal act, and you could make a police report. Because this involves HUD, a federal agency, you might also contact the FBI. From your description, it sounds as if, in addition, the woman intended to perpetrate a fraud on a federal agency.
Even if you don't want to get the police involved, at the very least your friend should notify the building's management and HUD to see if they can help straighten this out. Be sure to send a letter, even if you first contact them by phone. If you have notified them that the signature is forged and they do nothing to investigate, then they might share some liability to your friend.
My daughters boyfriend listed her as the beneficiary at work and on his checking account...but he never turned the paperwork in...she has it at the house...he signed it and she signed it.....he passed away last feb 22, 2010...car accident....she found the paperwork...should she go down to the bank and claim this or does it belong to his family? even though he never turned in the paperwork does it still belong to her?
Naming someone as a beneficiary works for insurance proceeds and a few closely-related things such as death benefits, but is not a will substitute and does not affect the distribution of a person's own property upon their death. Whether filled-out but never turned in paperwork will be deemed effective by the insurers is probably a matter of their own policy, and needless to say if the insurance proceeds have been paid to someone else, there won't be a second distribution. An employer may indeed offer a death benefit payable like insurance, or perhaps even some life insurance per se, as a fringe benefit. However, I'm really doubtful that a checking account would involve anything payable to a beneficiary....maybe the idea was that these papers would make them joint tenants with right of survivorship, which is legally not the same thing as a beneficiary, but would entitle her to own the money in the account upon his death, by operation of law.
As a practical matter, a decedent's property passes to heirs (as opposed to beneficiaries) by will, or under the rules of intestate succession if there is no will, or when steps have been taken to put property in joint tenancy or trusts, under the rules associated with those vehicles. Intestate succession rules provide for inheritance by relatives when there is no will, and girlfriends are not on the list.
I would take the papers, along with a copy of the death certificate, to the HR manager at the employer and an officer at the bank, and see what they say. I would be a little surprised if your daughter gets anything, but it's certainly worth a try.
I disagree. I think the beneficiary designation acts a a substitute to keep it out of probate court.]
I gave a loan of 10k to one of my friend(not anymore) to pump up cash into his business. We wrote the terms and conditions like a promissory note on a paper and signed mutually.
It was signed between us on 25/Sep/2014 and there was no witness. I hold that written paper with me.
He paid me the agreed profit and principal for the first month and after that he did not pay me anything and its been 4 months now. contract is of one year.
What legal options do i have to get my principal and profit back from him.
how can i sue him regarding the mental torture i have been through to this problem and still going on.
Guy has a business at Ellsowth ,ohio. it is a Gas Station.
Please advise.
Thanks & Regards,
Mahtab
A few questions would need to be answered such as whether he was to pay you a monthly amount on the promissory note, or whether you have to wait until the end of the year before it comes due and payable. If the terms state you have to wait a year to collect the full amount of the loan and profit then you will have to wait until the year is up to sue. If there was a monthly requirement, you could sue for breach of contract because of the failure to make the monthly payments. As far as the "mental torture" typically there is no cause of action for mental distress based on a contract, so it is unlikely that a court would rule in your favor on this type of claim.
My boyfriend and I live in Virginia. He has two children with his ex-wife: a 15 year old son who was thrown out of his mom's house 15 months ago and has lived with us ever since with no communication with his mom and a 10 year old daughter who lives with her mom and visits us every other weekend and every other week in the summer. Prior to his son coming to live with us, my boyfriend had gotten a little behind on his child support. (about $2,000). My question is can we receive child support from his ex for his son that we have full-time? He has not paid child support for his daughter since this happened due to thinking it was 'even'. I have encouraged him to take care of this thru the court system but he is afraid to 'rattle the cage' because he owes from that past debt to her. thank you!
That past debt is just going to grow if he does not take action to get the support modified, and the modification can only be retroactive to the date of filing, so time is of the essence.
I know someone who has been charged with murder in relation to a DUI accident, the deceased was a passenger in the vehicle he was driving. Is this consider a murder offense with 20-life as a possible sentence?
The sentence would depend upon what the actual charge is, which is up to the Commonwealth.
I currently have been dienosed with adhd and some of the symptoms are fidgeting making careless mistakes procrasting etc which are.some of my employer reasoning for sending me home with no pay for the day can theydo this they are also threating to fire me me due for the same reasoning if they fire.me can they fire me due to my medical condistion
Why dont you see a doctor about the condition and get medicated for it so that you can better perform at work?
For more information about your employee legal rights check out our employee rights blog www.takethisjobnshoveitlbog.com.
I just bought a car last week with a down of 5ooo dollors and financed the remainder this week yesterday in fact the car was taken in for service this evening I and two friends drove it to dinner when pulling into applebees the check engine light came on called the dealer to make an appointment for in the morning at 8 am after dinner thought I should check the fluids and upon doing so there was no oil in the engine compartment called the dealer back the manager was a complete jerk and would not offer any help at all saying its not his problem after putting 2 quarts of oil in the the engine compartment I drove it less then a mile to the dealer where the manager had words over his attitude in caring for the customer after I told him I would cancel the check he informed that in the state of florida this is against the law and that he prosecute me and that id signed a contract that legal and binding where do I stand on this issue
You have a problem. You cannot just stop payment without fear of prosecution. You have an executory contract which has been partially executed and therefore enforceable. If you purchased the car "as is" you likely don't have an specific recourse. you may want to see what you can get them to do to get the car fixed. If necessary seek legal advice with a copy of your contract.
Is it legal for t mobile to take funds on my account? I used to have a cell phone account with t mobile and I set it up for easy pay. I canceled my service last January 2015. I still have a remaining balance of $386 and they deduct it to my checking account this march 2015. I called t mobile to give me a refund and set up a payment plan. The manager told me my request will be denied. I ask the manager for a legal disclosure stating that when the account is canceled, they can still deduct the funds though easy pay. She said yes and will send me an email for the disclosure. The disclosure did not state anything that they can deduct funds with easy pay with canceled account. What should I do at this point?
Here is a general answer, which applies to most merchants that take automatic payments: Look at the easy pay terms you agreed to when you signed up for easy pay. Usually, it says they can have access to your account until you notify them to cancel easy pay. Unfortunately, some people forget to cancel the easy pay when they cancel their accounts, so payments continue to be withdrawn unless a clerk at the company notices and cancels the withdrawals. However, if they have withdrawn money you didn't owe them, you can demand that it be returned and take them to small claims court to get it back, if they refuse.
I need to know if i am legal married or not, when i got married two yrs ago the man that i married was still legally married to his other wife. when i found out i left him. he has currently moved to michigan and i am in ky
No, your marriage was not legitimate, but you should seek legal counsel to assist with any property division, since there was obviously fraud involved.
I am receiving 2-3 calls daily from collection agencies regarding my daughter, who has never lived at my current address and is not paying her bills. Sometimes they ask for me personally, other times they ask for her. Are collection agencies allowed to harass relatives? They are tracking me as though I owe the money to them.
What you are describing is no legal. You should consider contacting an attorney who handles claims under state and federal laws that prohibit illegal and harassing debt collection methods.
Wife and husband separate and plan on divorce during this time wife gets pregnant not by husband after wife and husband work things out how does wife get child support from biological father with Iowa law about children conceived during marriage
The major question is, whose name is on the birth certificate? Do you think that this unnamed person is going to sit still for this, and do you really want them in your life for the next 18 years?
I have not lived with him for five years. I would like to file for divorce but my spouses location is unknown. We have two children together. There is nothing to divide and I have physical custody of my children. How do I go about filing for divorce?
If you can prove you made a diligent search including filing a child support case with the state as well as other things, you may be able to file by publication.
I'd need more details. Feel free to call me.
Hi ,
I live in dallas texas , and I'm a single parent I wanted to know if I need to hire a lawyer in order
the father of my child sign his rights away?
Yes. A parent is not allowed to 'just sign his rights away'. A judge will permit a termination of parental rights only in very specific circumstances - and you have to meet very specific criteria. Consult with an attorney in Dallas to see what options are available to you.
If a will designates estate to be split equally between two daughters, and one of the daughters dies before the parent, and leaves behind one child of their own, how are assets then split. The daughter still living has 3 children.
The Will needs to be examined for the specific language of the intent of the Testator.
Unless the will specifies differently, it will all go to the survivor.
Recently, I wanted to buy an English bulldog puppy and had come across a site call starbullies.com I emailed them, asking about one of their puppies and started the ball rolling on purchasing her. They sent me an invoice and had me send my payment through Western Union. After they picked up their payment, they sent me an official looking flight itinerary from another company (petcoshipping.com) saying my puppy would be delivered to my home. In the end, no puppy came and when I emailed the people at Starbullies, they said they would look in to it. I emailed them back demanding my money back and have not heard back from them since. The starbullies website has since been taken down and I'm out not only $550, but the fee to use Western Union plus a days worth of pay when I took off work so I could be home to receive my puppy.
I'm in Missouri, and they were in Maryland. I have saved all of the emails and info they gave them. What legal action can I and should I take against these people?
Report this incident to the Attorney General offices of Missouri and Maryland. You might also want to sue them. Since they (presumably) got the Western Union payment in the company name, you will want to get a record of the payment being picked up. Print the emails, and take all of the records to a civil practice attorney in your area, to determine your options.
Good luck
I have a home warranty. I called them to fix my ac. They claim that they will only fix one part because the part that broke, broke another part. They say they will not pay for a secondary part. They are quoting part of the warranty agreement that says secondary damage by the service provider. To me that means, for example, if they send someone to fix something and the provider drops a hammer and breaks a tile, they aren't responsible to fix the tile. It is. Choice home warranty, section f. Paragraph 19 I love in Florida, the corporate office is in New Jersey
Feel free to call or e-mail me to discuss further. Would need to look further are documents.
Scott Behren
See a consumer lawyer in your area.
For a consumer lawyer in your area, go to
http://naca.networkats.com/members_online/members/directorya.asp?token=
To have your question answered, and to determine whether you have a valid case, the Agreement along with relevant facts should be reviewed by an attorney. Should you have further questions, please feel free to contact me.
I am in New Jersey and recently received a summons in the mail for leaving the scene of an accident and for having no insurance. Simply put, this did not happen. From the date on the summons I was able to recall a stopped van (broken down) to the side of the exit ramp off the toll road I had just left. It was hanging out at such an angle that cars were backing up as they had to slow down to get by it. As I approached and passed by this car I could see some guy standing on the walkway at the end of where the ramp merged into street. I came up to a yield sign, looked right and saw the guy was on the walkway several feet back; looked back to the left and as the way was clear/no traffic, moved forward. I immediately hit a nasty pothole and at the same time heard a shout from behind. I slowed to a stop and saw this same guy standing and looking at me. I thought he was some kind of nut, and drove away. After receiving the summons, I contacted an attorney and made it clear to her that there was no accident and in subsequent communications I told her I believed this was a setup. It's just this person's word against mine. We have a court date for tomorrow and I am just nervous as I've never been involved in anything like this before. What is the best course my lawyer should follow?
If you already have a lawyer, trust that this person knows what he or she is doing. If you don't have that trust, either call them for more info or hire someone else.
I concur. If you already have a lawyer then you should trust that that person will know what to do for you tomorrow.
If you are not comfortable with the attorney you hired then you should consult with another.
Sincerely,
Totally agree.
Mandatory suspension of license if found guilty. get ready for trial.
39:4-129. Action in case of accident [Leaving the scene]
39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall
immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall
be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment
required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted
of violating this section.
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this
State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter
permanently forfeit his right to operate a motor vehicle over the highways of this State.
(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or
other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto
as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the
requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any
person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more
than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be
imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a
period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
More info at http://www.njlaws.com/leaving_the_scene.html
I have a restraining order against my exboyfriend. While I was obtaining my order, my ex boyfriend put alean on my property. There is a deed of trust recorded, executed by him saying that as per contract signed by him acting as my attorney I owe money for services in the sum of $40,000 to his sister and brother in law. It's a trust deed where his sister and brother in law are the beneficiaries. I never gave my ex a power of attorney, I never signed a contract with his sister and brother in law, I don't owe them any money. How can I remove this cloud/lean on my property?
You need to contact a local real estate attorney for assistance.
You can sue him for slander of title. You'll need an attorney to get you through the technicalities.
I agree with the previous answers.......assuming you've given us all the major relevant facts, you have a strong case for damages for slander of title, but you'll need attorney assistance both in preparing and prosecuting the suit and in removing the cloud on your title.
I got injured couple of years back and my doctor declared me as a handicap. I had been a housewife for over 11 years and my husband is the only income in the family. I don't have enough credits for SSDI, so social security advised me that I should apply for SSI. Which I did, and now have been rejected and got a lawyer. A year passed and waiting on a court date. Now, this is my question after all this time, my husband bring a little less then $2000 a month. Will I get anything money from SSI? I was advised by SS that I would of gotten $721 a month last year if I had kept my doctor (I had gap in insurance due to my other accident and husband getting sick, and medicaid rejected me but not my son). My friend told me that I should get $721 but another person telling me that I'll get nothing. My lawyer is out of town for 1 week and his assistant don't know the answer. Can someone help me if I'm wasting my time? Thank you.
For SSI there is not enough information to give an answer. There is a family unit maximum income, approximately $ 1,200 per month; if the family unit exceeds the max then you may get nothing. Best to speak with your attorney soonest.
Our insurance company is telling us that we have passed the 5 years to claim a latent defect in our home since they repaired a full house fire in 2002.
Background:
I am a Veteran and Disabled. I hired a contractor by the VA to remodel part of my bathroom in order to be able to get into the shower.
While removing part of the bathroom shower curb to build a slope for ease of entry and it was discovered water and mold intrusion. We called the insurance company (USAA) and notified them promptly as well as I notified the VA. USAA sent out their adjuster and noticed dried mold and water that dried up over two days. We continued to demo the shower unit and found excessive water/moisture inside on the outside concrete block wall and under the shower pan. Again we contacted USAA and notified them of this and they sent out their adjuster again for inspection. Once the adjuster came out they not only inspected the shower again, but the entire exterior of the home and roof structures. They noted several deficiencies, wall cracks, etc., but could not find water intrusion. However they said that there was over 38% damage to the roof.
Further background here is that in 2002 the house had a major fire with total loss, USAA had their adjuster inspect, qualify a claim and handled hiring a contractor, not us and we did not sign any contracts for the work and was completed with repairs in 2003. The paperwork as we have discovered stated that the bathroom we were working on was to have been completely demoed and redone. (This did not happen). The roof was suppose to be a 3 tab 25 year roof and the present claim from the adjuster states 3 tab 20 year roof.
Question:
Is this a case of latent defect under Florida Law?
Can the insurance company unequivocally say that we are past the 5 year mark for claims and the homeowner should have known?
Your suggestions on what should be done.
FL Statutes for latent defects gives a person 10 yrs to file a lawsuit or 4 years from the date of discovering the problem. Latent defects are something that is not visible to the naked eye. The only thing I did not pick up on in your write up is when did you discover the mold and water intrusion. If it was more than 4 years ago, it would be too late to file a lawsuit. Also noted, your issues may have arisen out of the 2002 reconstruction. The 10 year statute of limitation is this year. As it goes with your insurance company, they likely have a clause in your coverage which only gives you 5 years to file a claim for latent defects. You can ask them where the 5 yr limitation came from. Lastly, before you can say it is a latent defect, it must be determined the source of the water intrustion. It may not be from an exterior source; but, from a crack in the tile in the shower.
I am being sued for a very old credit card debt that was charged off years ago. I am judgement proof as I live on disability benefits and state funds, energy assistance, food stamps, etc. About 4 years ago I obtained a new credit card with about a $3000.00 limit. I use it only for emergengies ( my SUV is 19 years old) My question is this. Can a Judge or the bill collector force me to hand over all the funds I have in my new credit card account to pay back this old charged off debt??
In Minnesota, the statute of limitations on a breach of contract claims is 6 years. Depending on when you defaulted, you could have a defense to the action. You should have an attorney review to see if you can bring a motion to dismiss. If they did obtain a judgment against you, they would be unable to get at the credit card because credit is not actually funds they can levy to satisfy a judgment. They could, however, attempt to get at bank accounts and other assets, although it sounds like what you have and receive is likely exempt from collections.
My car was damaged in a grocery store parking lot by a runaway cart. Is the store liable?
Liability of the store depends upon several factors which you do not mention. Did the cart roll down an incline from a cart area that was not well designed to retain the carts, was the store aware of people leaving carts in a position that they could roll down the incline, how long had the cart been in the lot before it hit you. did one of its employees start the cart rolling, etc. You need to show that the store failed to do something that the average person would have done in the circumstances to prevent the accident.
Mr. Shers is correct. The short simple version of what he said is: it depends on how the cart came to be a runaway, and whether the store is at fault for that causation. The store is neither automatically liable, nor free from liability.
I agree with the previous responses. You would have to show that the store was somehow negligent, and that this negligence caused the cart to strike your car. This appears to be difficult, because the store has a lot of intervening people, and it sounds as though some third person (customer) was irresponsible.
A friend and I were charged with a class a misdemeanor at age 16 for theft in Texas. Although we did go through the expungment process and we were underage at that time, is it still possible for it to show up under an fbi background check? -underage, -petty theft, -class a midemenor, -expunged
If you were 16, then it was a juvenile proceeding. Expunged or sealed? It matters, since usually a sealed file can still be seen by law enforcement, but an expunged file cannot. Also, it's important to discuss these matters confidentially with a retained attorney, since you should not discuss it in a public forum. Cases that are sealed or expunged apply only to government agencies - there is no way to 'clean' the internet.
In Pennsylvania..I was pulled over for doing 80 in a 55mph zone.the cop asked me if I was drinking and I said earlier.he did a breathalyzer(which I assume I passed)and then did a field sobriety test,or vice versa.i passed the field sobriety and idk what the breathalyzer test yielded.they searched my car(which I never gave them permission to do.but they found a small amount of marijuana(2 small roaches).i was taken to the dui center and blood was drawn and released after two hrs.will I be charged with the weed eventually or would they of done it then?
Typically, if you are charged with DUI and a drug related offense, all charges are consolidated into one criminal complaint. It is likely that you will receive your charges via summons, and I would anticipate that they will charge you with the possession of a small amount of marijuana along with DUI and speeding.
What happens to my mortgage/ house that I had prior to my marriage, if I happen to die before my spouse?
Your spouse has an interest in the home as a marital asset, either as homestead if you live there together or as a spouse entitled to assets upon your death. The mortgage is security for your payment of the note. If the note is not paid, foreclosure can occur and theycan wipe out her interests as well.
I hired a lawyer to fight my x husband for not paying alimony, the case was won on my behalf but my x refused to pay anything. The lawyer said he could pursue the matter but it would cost at least another $3500.00. I can not afford to pay any more and told him I would not pursue the matter and could not afford him any longer. I thought the matter was done and over, and just at a month later I received a bill from him for Preparing a Notice of withdrawal of Attorney of record and I'm guessing to mail a copy of said letter to me at a cost of $162.50. Am I to understand that I'm being billed for Him telling me, That I told him I do not need his service any longer?? Is this legal???
That sounds a bit steep for preparing a simple notice of withdrawal of attorney of record. He can bill you for that service, but that does sound really high, as it is a one page form that can be filled out by his paralegal or legal secretary in about 6 minutes.
I am a high school varsity assistant coach. I have situation where I took a job more than 2/3 of the way through the season. After signing a contract that states, " This supplemental contract is for the 2011-2012 school year, and is for this specified period only. Any other appointment shall be only at the discretion of the Board of Education. All terms and conditions of this appointment shall be in accordance with the 2011-2012 Collective Bargaining Agreement between the Board of Education and the Sterling Education Associatiom." (teachers/counselors) The High School Activities Director and Head coach did not contact me to tell me that they were discussing my paycheck and they made a decision to cut my pay without me present for "missing days". The coach says since I am missing days he is deducting my paycheck into thirds and spliting it between the freshman and sophomore coach to be fair. The Head coach does not deduct any other coaches pay for missings days. How is this legal/ fair? This is unfair to me because I am the only Coach being deducted pay for missing days. Shouldn't the coach have to deduct every coach for missed days?
Whether it is fair is not really the appropriate question. The question should be, is it allowed under the terms of the contract or the collective bargaining agreement. And without reviewing those two documents, there is no way to answer that question.
Is it fraud to get married solely to get extra benefits from the military?
As with so much in law, the answer is "maybe." People are free to marry for any reason they see as important -- love, family arrangement, sense of obligation, desire for economic security, etc.; they simply are not allowed to commit fraud in doing so. If you are not sure where that line sits, I suggest a consultation with a qualified family law specialist. Meantime, you may get some useful information from the analogous situation regarding divorce for economic gain. See the article "Sham Divorces Civil Rights and Family Law Experts (23 Nev. Fam. L. Rep., Spring, 2010)" posted at http://willicklawgroup.com/published-works/.
I am 16 years old and I would like to know if I could move put when I am at age 17 on Canton GA
You make make all the bad decisions and mistakes you want when you are an adult, at 18.
Does an (age 55) adopted adult in Texas have the same legal rights as an adopted minor child? Or do those rights end when he becomes an adult?
What "rights" do you believe a minor to have that an adult doesn't have?
6 months ago we purchased a two family house and would like to have our daughter and her family move into the upstairs apartment. There is a tenant living there now that has been here for approximately 4 years, with NO lease, it's month to month. They have been good tenants and pay the rent reasonably on time, but unfortunately my daughter and grandchildren need a safe place to live. Can I legally ask the tenant to move and how much notice would I be required to give?
The New Jersey Anti-Eviction Act generally protects a tenant against most evictions not caused by the tenant's actions. There is an exception for dwellings of three or fewer units where the owner intends to /personally occupy/ the premises. However, there is no case law that I could find in a short search that would extend the exemption to members of the owners family especially if there is an intention to charge rent. So, your ability to evict the tenant may be limited or non-existent if the tenant wants to sign a lease. (You can require that but it will do you no good in these circumstances.) It may be better to see if you can negotiate for the tenant to move. If that does not work, you may wish to contact a lawyer who can look into the matter further.
I handle matters of this type, however the efficiencies in this matter may be influenced by your lawyer's location. (You did not give enough information for me to tell if our Burlington County NJ office can help.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
The answer to this question depends on whether or not you occupy a unit within the building. If the property is owner occupied and three units or less, the Anti-Eviction Act (AEA) does not apply. In that situation you can evict for any reason or no reason upon notice and following court process.
If it is not an owner-occupied building, it is difficult to evict the tenant. You need to be able to show one of the 17 reasons under the AEA to evict and you need to follow the procedures outlined in the act, strictly.
I would agree with Mr. Corbette, that it would be difficult to evict in the situation where you are not resident in the building. On the other hand is somewhat simpler if the building is owner-occupied. I would suggest a consultation with counsel in order to figure out what actions are appropriate.
