My soon to be ex and myself agreed to sign off on medication. My attorney and the mediator told me one thing I wanted was not possible legally! I find out later before decree is signed by judge that it is legal and I can have it done. How is this remedied?
Have the proposed decree amended by the attorneys.
I will need to sell my house in about 3 yrs and I am worried about a flooding and drainage issue on my property as a result of a drainage system my neighbor constructed on his property. The flooding only occurs during large storms and does not enter the house. During the storm a small portion at the back of my property floods with several inches of water and drainage overall is impaired. However, when the storm ends the water recedes so there is no standing water between storms. I have consulted with several land use attorneys and have been told that I can sue but that a lawsuit will cost between 50-100K and some have said even more because the neighbor's property is in foreclosure. Furthermore, I have been told by several litigators that I can be sued for fraud by the new buyer if I do not disclosure the issue but doing this would make my house difficult to sell and I will have to sell quickly for financial reasons. As a result, I decided to consult with several real estate transaction attorneys as well and I received conflicting opinions. They all tell me that I am under no obligation to disclose anything (New York State law) and that I cannot be sued after selling! Which group of lawyers should I trust? The lawsuit's cost would present a hardship for me and I am not sure if I can prevail because of the foreclosure complication. What's the best thing for me to do?
Under the current state of the law, a seller is supposed to fill out a disclosure statement, the terms of which survive the delivery of the deed: You can be sued for false statements in the disclosure. However, the law gives you the option to refuse to make any disclosures. In that case, you have to give the buyer a $500 credit against the price. That's not a typo. Five Hundred Dollars. Will the law change in three years' time? I don't know. My crystal ball is in the shop this week,and even when I have it, it usually tells me "Asking the right question is the jewel in the lotus." Odds are, it won't change but I don't predict the future when practicing law.
Meanwhile, you have two other things you can or should do. First, speak to a geotechnical engineer about the feasibility of putting a drywell system on your property. This would fix the drainage problem. The second thing is to set up a play to make the bank pay for the drywell. The exact tactics to validate and interpose the claim are a trade secret. You can contact me offline. It costs rather less than $50K, more like $7500 to get started and a cap of around $20K to see this to the semi-bitter end: appeals are outside the cap, but I don't think an appeal will be necessary.
Don't drag your feet on this: the longer you wait, the more likely the judge will tell us to go away, the foreclosure is too far along. If not me, speak to an attorney promptly.
This email does not create an attorney-client relationship and is not legal advice. Legal advice comes with a signed retainer agreement :-)
We lease band instruments. The lessee signs a contract stating that 90 days from the date they sign the contract they must make a decision as to purchasing, leasing or returning the instrument . If no decision is made it is stated on the contract that they are purchasing the instrument. Would the instrument be considered stolen if they keep it after 90 days without making any effort to pay?
Likely no prosecuting authority would issue criminal complaint under these circumstances.
Is there a Security Agreement allowing you to repo the instrument?
Why was no money obtained before delivering the instrument?
You may have only an unsecured claim for monetary damages, and would likely have to bring case in Conciliation Court in MN.
However, you may want to have an attorney send a strongly worded Demand Letter. I would want to review your contract before issuing a Civil SUmmons and Complaint in this case.
Call or email for further assistance.
It would likely be considered aa civil matter since there is an adequate civil remedy available.
What happens if an in pro per-plaintiff mistakenly & unintentionally states the dollar amount in a Personal Injury case in the complaint? Does the court, sua sponte, strike out that monetary amount from complaint or does Defendant have to move to strike that from that complaint. I know that if you state the amount of Punitive Damages sought, the court strikes out the Punitive Damages demand from the complaint and Plaintiff will not get Punitive damages at all, but what about the stating dollar amount in the complaint for General & Special Damages sought? If stricken out, is there no way to undue the ruling through CCP 473, CCP 1008, Motion in Limine, etc.?
It can be stricken either by the court's own motion or on motion by the defendant. If necessary, the court provides time to amend the complaint by filing an amended complaint. It does not preclude damages and it is foolish to attempt to undue the ruling because it is a clear cut matter of law that damage amounts are not to be stated in a complaint.
Is a notarized statement about who I want to leave my home to in case of death considered a legal document?
It would not be a Last Will and Testament. That is the very least document you want. A Trust would be better; avoids probate.
The main problem with a "notarized statement" is that is witnessed by only one person. To be effective after your death, among other legal requirements there must be two witnesses, or the entire document has to be in your handwriting. Go to a lawyer and have it done right so your heirs aren't disappointed.
No, it is not legal. Notarization does not meet the requirements of California's statute of wills, which requires attestation. Don't rely on do it yourself forms that you find online or in bookstores. Do it right, and use an estate planning attorney.
I agree with the above, your "notarized will" is likely not legal. You should seek an attorney to draft a proper will for you.
Just for your information, in California there are two ways to create a valid will:
1. Attested Will:
In your situation a will would be valid if signed by you and witnessed by being signed, during your lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or your acknowledgment of the signature or of the will and (B) understand that the instrument they sign is your will.
-Probate Code Section 6110
or
2. Holographic Will: If a will does not comply with the requirements of Probate Code Section 6110 it can still be valid if the signature and the material provisions are in your handwriting.
-Probate Code Section 6111
I am a contractor in New Jersey. I had submitted paper work for a client to get a permit to raise their home. The client picked up the permit and paid all fees but hired another contractor. The contractor is now working under the permit in my name. What legal actions do I have available?
Go to the town's building department and tell them you are no longer on the project. The town will pull the permit unless client provides new contractor information.
RUN, do not walk to the building code office, and hand them a letter stating that YOU did not submit for the permit, and YOU are not the contractor doing the work, and you demand the permit be withdrawn. F the homeowner.
Some towns may not cooperate, so at the same time - send the homeowner a letter regular and CERTIFIED RETURN RECEIPT mail, demanding they stop construction under the permit with your company name on it, or you will file to enjoin them from construction, that they will be responsible for your legal costs, that in addition to being jerks, they committed fraud in obtaining a false permit stating you are the contractor, and you will sue them for any defamation of your business. Give them 24 hours to comply after receipt. If they do not act, you have to do something, or you and your insurance company may be on the hook for any problems that arise, so stay on top of this. Your going to the town or their action should keep you out of trouble.
I have a product I want to sell in USA, and there is only one similar product like mine which is sold solely online and in Whole foods here is US, but the product shows 2012 patent pending on its packaging. Moreover, this same product has been sold in other Asian countries for many many years.Can you patent something that already exists in another country, and Can I get into legal trouble if I introduce that product in USA?
Please advice.
Thanks a lot.
I don't have enough facts to make a real analysis of your situation. In general you can determine whether you have a product that you can sell is by getting a freedom to operate analysis from a reputable patent attorney. He may only be one individual but there may be others in the field who have existing patents that could come after you as well.
Bottom line is to talk to a reputable patent attorney in your area who can assist you. Good luck!
In the U.S., if a product embodying an invention has been offered for sale or publicly available in the U.S. for more than one year before the applicant files the patent application, then the invention is not patentable. If you have a product you want to introduce into the U.S. and you are concerned about patent infringement, there are at least two things to consider. First, whether a valid issued patent exists having claims that cover the product at issue. If not, then you may want to consider whether there is a pending patent application covering the product. If there is, then you will want to consider market entrance costs. Are the costs to bring the product to market low compared with the risk that a patent will issue covering the product? Of course, you should consult an experienced patent regarding the specific facts affecting your decision, as you will want a thorough analysis done before making such an important decision. I am a registered patent attorney. Feel free to contact me with further questions.
I am on probation in Florida however I recently missed a court date pertaining to child support in Wyoming. I was unaware that I had this court date however I had signed a legal document stating that I did not need to be notified of any upcoming court dates. Will this be considered a violation to my probation? I had recently filed for early termination of my probation and had a lawyer filing the motion. My probation officer has told me that I am OK however he wants me to come to his office. Is this a trap?
This is not a probate question. Probate relates to a person's estate when he or she dies. You need to ask the question to a criminal law attorney.
In my divorce agreement I am required to pay half of child care. My son is 12 and has noy attended any sort of child care in two years. However, when my ex enrolls him in soccer camp during spring break and parts of summer she insists its considered day care. In our agreement I am not required to pay extracurricliar activities. Would camp, in this case be considered daycare?
What does the agreement say?
Camp is generally considered an extra curricular activity - but it's also often broken out as a separate category.
i was convicted of my 1st dui. i did my 48hrs but no one will give me a letter to send to penndot stating i completed my sentence. what should i do?
Call me--I will get it for you at reasonable cost
SAUL H. SEGAN, ESQ
1525 Locust Street-Ste 1202
Philadelphia PA 19102
215-732-4000
Fax: 215-540-9505
Web Site: www.saulhsegan.com
Hi, my question is reguarding the statut of limitations on HIPAA violations. My experience is complicated but i will make short. I began going to a new doctor and after several visits for stomach issues was ordered for a CT scan. Well a few of my co workers also went to this doctors office and were even friends with the nurses there at the time. When my results came back, i went to work and told my co workers it was just my gaul bladder and one of them stated "yeah I already knew one of the girls let me know", she just acted like she was that concerned. It bothered me that my confidntial information was leaked out and someone else knew before I knew. What if it would have been something that was really sensitive or worse? Well during this time i was going through some emotional things and placed on several different anti depressants which really had me out of wack for a while, I guess thats why I did not really say anything about it at the time. This has been about a year ago now and I need to go back to the doctor but really don't want to go because of that incident I don't feel my information would be confidential there. I haven't found a new doctor and it just frustates me that now I am inconvenienced by there indiscretion, which is what brings me to my question about limit of statut for HIPAA violations.
1- The statute of limitations for a HIPAA enforcement action is six years. The complainant files a complaint with the Dept. of Health and Human Services (HHS) and they decide if there should be any civil fines or criminal penalties.
2-The complainant (patient) does not get any restitution (aka money) out of a HIPAA violation penalty enforced by HHS. The fine is paid directly to the government.
3-If you want to recover money for personal damages, you will need to file suit under for a tort (usually invasion of privacy) in state court. It is still wise to file a HIPAA violation complaint with HHS because a proven HIPAA violation will provide a strong foundation for the invasion of privacy action in state court.
4-Be aware, the state court invasion of privacy action will have its own statute of limitations, which is shorter than six years. In NC, it is typically three years.
My sister passed away and left her estate with a close friend. Before she passed away she asked me for my daughters ssn to put a trust in her name. My sister was a successful buss. Woman with a larger estate. She passed away in sept. and her estate has never been seen. Does her friend have obligation to read it or will it be public record. He said my daughters money is no longer there it went to pay her school loan??
My sympathies on the loss of your sister. When you say "her estate has never been seen" it's not clear what you mean. If your sister left anything of financial value, that is her estate. If she left a will, that should have been filed with the probate court clerk's office in the county in which your sister lived until the time of her death. Then, if your sister had set some trusts up during her lifetime, it's pretty hard to discover the contents of the trust: the trust is not a matter of public record. Furthermore, unless you know for a certainty that you or your daughter were beneficiaries of any trust, you don't have a mechanism to compel release of the trust to you. If I were you, I'd start with obtaining a copy of your sister's will, and engage in discussion with the individual your sister named as executor. Assuming your sister was mentally competent, she didn't have a duty to leave anything to her family or to make it possible for her family to discover the contents of any trust she created. Assets placed in trust are not normally considered part of a probate estate potentially subject to court administration or supervision.
My son was hit crossing the street in a crosswalk on a state road in Massachusetts. He got a traumatic brain injury. Six days after he was hit they put up blinking lights and a new signs. Can I hold the state responsible?
I am so sorry to hear this happened.
I truly hope that your son is expected to make a full recovery. I do not think you would be successful in holding the state accountable, but you would certainly be successful in holding the driver responsible. My hope is that you know who did this, and they did not simply strike your son and then flee.
Please let us know if my firm can be of any assistance.
I am sorry to hear about your son. It would be a very difficult case to prove against the state. The better course of action is to try to collect from the driver of the vehicle. Please contact me if you would like some assistance with this matter.
David Green
[email protected]/* */
(617) 357-8600 x 103
You might be able to hold the state responsible, however the state has a liability cap of $100,000 which will probably seem small once you get all the medical bills, and you would need to hire expert witnesses to prove that case. In addition, there are immunities where the state failed to protect but was not the "original cause" of the accident, and for discretionary and planning decisions. As above, you might do better to consider the responsibility of the motorist who hit the boy, and if that party does not have sufficient insurance for the TBI then to seek recourse from your own Underinsured Motorist Coverage (hopefully you purchased high limits). You would do well to speak to an experienced lawyer about this. Regards, JBS
I moved from VA to FL. I was stopped by the police. He told me I was in violation because I had not switched my plates over. So I went before the judge he have me thirty days to have everything switched and pay court cost if I did not do this I would face 30 days in jail. The next day the lien holder took back the car. I wrote to the judge and told him what happened. He rejected the letter. so I wrote him again and this time I have proof that I no longer own the car and I paid my fines. I nervous because I do not want to jail time over something I do not own.......please help
You need to get yourself an attorney to help alleviate some of those fears and help you in court.
I'm employed with my partner at a certain company in Virginia. Our situation is unique - in our contract, signed by both us and the owners of the company, we are supposed to be paid X amount of dollars per month (a salary more or less). Instead, we are being paid an hourly wage, making far less than we should per our contract. We have been given no explanation regarding this lower rate of pay, and though we have asked about it, our questions have been dodged. My question is: do my partner and I have grounds for a lawsuit against our employers?
Yes, if you can prove that your employer has violated a previous
enforceable contract(whether written or verbal) concerning your rate of compensation which you were to be paid for your work.
Otherwise, not likely.
As of 1998 we have had a Lawyer renting part or our garage for storage. He has not paid his bill
for two years, owing us $3000.00. Also, we have no lease with this person. After several phone
calls in which we've mentioned for him to leave, he always agrees--but never does. What
would you advise us to do?
You could file an action in small claims court against him for the $3000.00 plus the costs of the action. You don't need a written lease to win the case. The fact that you have a verbal agreement should be enough that he owes you the money.
When is a divorce over? I have a spouse that is fighting over money and custody of our son. I thought the divorce is over after 6 months. It's been 10 months already. Is it over when the money is settled? When the custody is done? I want to move on with my life.
Child custody and support will be an issue for the court to address until the child reaches the age of majority. While it's good for you to come up with current orders concerning your child, the likelihood depending upon the child's age is that there may be a need to change orders in the future or return to court. Please meet with an experienced family law attorney to explore your legal options.
Six months is the statutory MINIMUM time from filing to a dissolution of marriage judgment. The basic divorce is only over when the two of you obtain a judgement on custody, child and spousal support, property division and dissolution. It is possible to bifurcate (split into two parts) the dissolution of marriage from the other issues and obtain a judgement of dissolution only, reserving jurisdiction over the other issues. That results in you being legally single while you work out or litigate the other issues. There are only two ways to get a judgment, whether bifurcated, or all-in-one: you reach a marital settlement agreement and stipulate that the court enter a judgment according to the settlement terms, or you go to trial and the court issues a judgment.
With all that said, however, once you have a child you don't ever get finality until the child turns 18 and any spousal support order ends. Until then, either party can go back to court any time there is a "material change of circumstances" and ask for a change in custody and/or support. The parties can agree that spousal support cannot be modified if that is put in the settlement agreement that is turned into a judgment AND all the required language is included. (Waiving support or support modification is not something that should be done without a lawyer's advice and assistance.)
when requesting modification of alimony and completing financial declaration, if self-employed, do you use the standard mileage rate to determine vehicle expense?
No. Vehicle expense is what you spend on your car, eg loan, gas, and maintainece.
How do i adopt my step daughter, her biological father conceived her out of wedlock with my now wife. He was married to someone else at the time, and never(rarely)been involved in her life. No contact for 2 yrs, my daughter is 3 1/2 yrs. old,has a permanent resident card in the US,along with her mother,and the father is still believed to be in the Philippines. Please help, i need advice soon, thanks Drew M. Lang
I can assist. I have done many step parent adoptions. Your facts lead me to believe that it would not be difficult.
You may call for a free consultation.
Can my husband adopt my son and daughter without their biological fathers conscent. He lives in another country, does not provide financial support and has not seen the kids for over 5 years.
Perhaps. It is much harder without the father's permission.
I recommend that you call attorney Patricia Bushman at 713-807-9405 for a free consultation.
I no longer litigate - I only mediate.
I rent space in Pat's law office.
I've used her personally and sent my friends and relatives to her too.
www.familylaw4u.com
713-847-6000
Attorney in Conflict of INterest
My grandmother has taken care of her Aunt who has recently been place in a home with Altimers.She left my grandma a car and a house being the only living relative besides my Aunt's children.The grandson has now retained an attorney who is his Uncle and they had the sick Aunt sign Half of the house and the power of attorney to the Grandson,who has forbide my grandma from seeing her Aunt.They have made the statement her Aunt was not in her right mind at the time,but she was.Does that also not mean though that the document they had signed was does in ''Undo Influence''?Is this also not a Conflict of interest for the attorney being a family member?And having the documents notirized by his Wife?Please help,my grandma is heartbroken and this has caused her health to become worse.The Grandson keeps harrassing her and will not allow her to visit her aunt.They are also telling her that she has to pay them 80,000 dollars for the rest of the house if she wants to keep it,but do not want to pay for title insurance??Does this mean they know their paperwork is false?
Re: Attorney in Conflict of INterest
First, there is not a conflict of interest just because the Uncle is related (although I think attorneys should be very careful about getting involved in family matters).
That being said, it sounds like there are some issues here that need to be investigated further including the document that gave half of the property to the Grandson.
My advice is that your Grandmother seek the services of an attorney. In order for her to protect her interest in the home and to get the resolved in the best manner, she does not need to try and navigate through the process alone... especially since the opposing side is represented by an attorney.
I would be happy to talk to you, but at minimum you need to contact an attorney in the area.
Good luck.
What can i do to keep my 15 yr old out of the adult court
The best thing you can do is get him an attorney. Can't say more without more information.
i seperated from my husband a year ago and got pregant by my best friend im a single mother of 2 i work fast food and make 7.25 an hour i do not have the money to pay for the divorce and my husband is a lazy person and has not worked un 4 yrs can you please help me find someone that can help me out
your relation ship itself is illegal without divorce how can you be with some body else don't use the word best friend for your relationship,
I am going to get emancipated and is it possible to live with my mom who gave up her parental rights?
If you have been emancipated by a Court, you may live with whomever you wish.
Hi my name is bella...... my aunt is in jail with 3 chagers , 11360(A) HS, 11359 HS, and 273A PC.. she was a pasanger in a car that was involve with sell/trans poss marijuana for sale... its wasnt her car she was just a pasanger in the car and the r giving her those charges .. my question is what do you think she is facing and a recomendation on this case....
She could be looking at anything from probation and time served up to 3 years if she is convicted in this case.
Or - she could get nothing if she beats the charges. There is just no way to know what defenses she may have or how strong the case is based on just what you wrote. She needs a lawyer. She needs the best you can find - look for somebody that routinely practices in the court where the case is and somebody that handles exclusively criminal law.
i have been living in my house for two years. paying weekly to bi weekly payments to landlord. from 200 to800$ each payment. she has a rental agreement that she made me sign but she will not write me a lease. i have asked her fifty times. we are a month behind in rent(have been since we moved in because we couldnt give her her first and last when we moved in we just started paying weekly payments,as much as we could afford each week.)she is still excepting every payment but calls me twice a month to threaten that if i cant give her more money that week that she will have us out in a week.(i have 3children who live here with me)i want to know if that is actually possible.if she could have me and my children out of our home in one week. she has not started any eviction processes or any thing. i am still making payments directly into her account i have all receipts.
No that is not correct. on a month to month tenancy she would have to give you a 15 day notice to vacate. She could file eviction notice for non payment of rent and give you a three day notice to pay or vacate. However, if you do not vacate then she would have to file an eviction which would give you an opportunity to have a hearing.
Making payments and her accepting them would void any written notices of delinquency. If she stops accepting partial payments, you are in trouble and can be out in short order, but not a week.
I am the trustee for my irrevocable trust ,I have sent the lawyers copies of my deceased wife will ,copies of the trust fund ,a certified death certificate. I have signed all the necessary papers as trustee,and they still haven't excepted all these as proof that I should receive the settlement payment $3,093.05 this has been going on since Jan 31 2013. who can I complain to about this?? Gordon J Olson the bankrupt cy is being handled by EPIQ BANKRUPTCY SOLUTIONS 757 THIRD AVE NEW YORK NEWYORK CASE #151791767 AND 151791821
http://www.absolutebankruptcy.org
You need an experienced bankruptcy attorney to explain this to you. Set up an appointment with one in your area. This is a New York case it appears, but this question has been asked of Florida attorneys. Why?
If there is a business named taco cabana, and I name my business beach buds taco cabana, can I get sued?
You can always get sued. The questions are: 1. the likelihood of a lawsuit and 2. the merits of the lawsuit. A legal matter is an infinite layer cake based on an indefinite number of facts, some unknown, one of which can change the outcome.
More specifically the answer to your question depends on whether they have adequate ownership and IP protection or not. That requires info and research re their use, where and when - and your use, how & when,etc.
You really should have a consultation re this (we charge $420 and apply to future work) because the last thing you want to do is to put your time, effort, love and money into a name and business identity that you can't keep. This is a DISASTER after you have opened because you lose your Brand and your customer following.To quote myself - video Online -you can have a million dollar brand unprotected. Think Yellow Pages. And, in many ways, your identity IS your business. think McDonald's versus Brand X.
The smart approach is to have us build a legal brick house around your company and its tradename, trademark, content, and other intellectual property, e.g. menu, website, so that you can be the one who can write the "Demand letter from Hell" (which we write) or sue them, not vice versa.
Law Offices of Donald W. Hudspeth, P.C.
3030 North Central Avenue, Suite 604
Phoenix, Arizona 85012
Direct [email protected]/* */
[email protected]/* */
Firm [email protected]/* */
Ph 602.265.7997
Fax 602.265.6099
Web site www.azbuslaw.com
Follow us on Twitter at DonaldWHudspeth
As a Franchise Attorney I basically agree with the other attorney answer. The answer depends on a number of factors, including (1) the extent to which the other company has protected the name "Taco Cabana"; (2) whether the types of goods sold and customers are similar or identical; (3) geographic scope of coverage by the respective parties. 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
We are unofficially storing our motor home in the lot of a business and we pay the owner of the business $25/mo. Unfortunately we have not made a payment in a while and want to make good on the agreement. We have always been in contact and he has always had our contact information. Is it legal for him to put a lien of ownership on our vehicle and sell it without contacting us?
He might have acquired the right to lien the property, and sell it, just like any U-stor type facility when rent isn't paid, but there are notice of default and notice of sale rules that apply. If he sold it without compliance, he can be sued for its value. If that is your situation, feel free to contact me for the legal help you'll need.
my son was put on megans list in 2007 he pleaded guilty to luring child in motor vechicle he did not a psycho evaluation was not given to judge of da at time of sentencing this was malicious to do to a 18yrs old whom only had younger friends no sexual contact what can family do
He plead guilty to a Megan's offense, thus he was placed on the Megan's list. I suppose for 10 years? There is nothing to do. Whatever could have been done to avoid conviction on a Megan's offense should have been done in 2007.
The only question I have is, was he told he would be on Megan's list when he plead guilty?
My aunt is terminally ill and basically comatose.
Her will makes a few minor distributions, and names me as the primary beneficiary. She has also assigned to me Durable General Power of Attorney.
In her will she appointed me and a lawyer as co-executors. The lawyer is not a beneficiary. Prior to her failing health, she decided to make me sole executor, but never completed the task.
Under the Durable General Power of Attorney, may I remove the lawyer as co-executor?
Probably not. However, when an attorney draftsman is also an executor, specific language must be placed in the will. Therefore, I would need to read the will (at least the article dealing with executors) in order to give you better advice.
Mike.
No. However, you could transfer some of her assets into joint accounts with the beneficiaries. These assets would pass to the beneficiaries and would not be part of the estate on which the commissions of the Executor are based.
if someone is named as gift in will - and the gift is not there what happens
Pretty simple answer, it lapses and is no longer in force or have any effect.
If a company has kept my security deposit under false pretense what other legal grounds do I have besides small claims. Is there a law designed that when a landlord break the law would I be able to sue for more, maybe 2 or 3 times the deposit itself? Or maybe because the company is stealing from me can I sue them for restitution?
Yes, Maryland has a law that entitles a tenant to get back more than the security deposit as well as the tenant's attorney fees when a landlord does not release the security deposit as required by law. If the landlord followed all the rules and a letter outlining the charges for damages noted at the walk-through inspection at move-out it would be much harder to fight. It isn't clear from your post why the landlord didn't give the security deposit back or what rules they followed or broke.
An attorney would want to know what the "false pretense" is and more details. While I hope this general legal information helps, it doesn't attempt to give specific legal advice .
Legally can my old landlord charge me more than the security deposit in order to pay for damages and repair? I rented an apartment for 2 years and 8 months and payed a security deposit of $1000. The apartment was in good condition when I moved out except for damage done to the carpet and blinds from my pet. I know that damage is not normal wear and tear, and expected to loose the security deposit. However, now the landlord is not only keeping the $1000 deposit but also demanding I pay around $800 more because all the fees cost more than the security deposit. is this legal and do I have to pay the additional $800??
Yes it is legal for the landlord to demand payment in excess of the deposit if the damages cost more than the deposit. If you do not pay the additional amount the landlord may sue you in small claims court to recover its damages.
My son is buying a house (in pa)and has stormy relationship with girlfriend of 5 yrs.if he marries can he make a will to leave house to his brother to finish paying off to make sure house goes to his son?i think she is after the house.she has two other children to two different men.what rights would she have?
Your son needs to consult an estate planning attorney as what you propose is NOT a good idea.
If your son has his own son who is under age 18, then your son needs to make a will (or trust) making his minor child the beneficiary of his assets. This would of course include any real property owned by your son. If the child is under age, your son can create a trust within the will or revocable living trust and provide that his brother can manage the property and other assets for the benefit of the child and that when the child reaches a certain age, he can fully receive the assets free of any trust. Your son is going to have to find a way to pay for the mortgage after his death, by either providing that the home is rented (thus bringing in rental income) or obtaining a life insurance policy and directing that the trust use the proceeds to satisfy the mortgage.
Your son can do this regardless of whether or not he marries the girlfriend. If in fact he does get married to the girlfriend or someone else, then your son can simply amend the will or trust and make provision for his wife and for his son and any other children born to or adopted by your son.
If your son dies and is not married to the girlfriend, she and her children get nothing from your son's estate (the only exception is where your son adopted these children by other men) or where your son makes a will that specifically includes the girlfriend and her children.
If your son is married to the girl and then passes away without making a will or trust, the girlfriend and your son's biological or adopted children would split any assets, including the house. The girlfriend's children by other men would not inherit by virtue of her marriage unless they were either adopted by your son or named in a will or trust.
Of course, if your son and his girlfriend buy any real property together and own it either as a joint tenancy with right of survivorship (if not married) or as husband and wife (tenancy by the entireties), or if the girlfriend is named as a beneficiary on any retirement, pension or life insurance, then such assets would go to the girflriend as they are "beneficiary designated" assets and would not be a part of probate of any will or administration of a trust.
The best thing that you could do for your son is strongly encourage him that if he has a minor child then he really really needs to sit down with an estate planning attorney and have a will or trust drafted. If he gets married, divorced or goes through any other life-changing event then he needs to revisit his will/trust and make changes if necessary.
I went on the internet and unfortunately gave out too much information, concerning a pay day loan except I was not on that page. My credit union lawyers put it in as fraud (they were charging the bank account $99 one time and $19. monthly. My credit union charged me $3.00 a day for over charges. I paid them, and then with persistance, they finally closed the account with their lawyers and my signed statements that this company was committing fraud with writing continual checks and trying to use them. After silence, they called my job and threatened me with court and told me on tape and to me that I am in serious trouble and need legal help immediately. Your advice?
You would seem well advised to consult on this matter with an attorney who handles consumer affairs and who can advise you after having had the opportunity to review the relevant facts and paperwork connected with the matter.
I got an OVI in Ohio in 2007. It was my third offense and I had 180 days on the self from the 2nd OVI. I missed my first court date and then out of fear I just never rescheduled. I want to clear this from my and I don't know how to go about fixing this and what I should expect from a judge. I have been in no trouble since, moved, returned to school, and have become a very respected member of my community.
In Ohio, if you miss a court date in a criminal case like a drunk driving matter, the Court will put out a bench warrant for your arrest. Though the police may not be actively looking for you, you will be in the LEADS system and if the police come into contact with you in a way in which they would need to check your background, they would see that you have a warrant and take you in to custody. It is difficult to say how long you can avoid such an event. I had a client once who had been on the run from a DUI charge for 22 years. She was sitting in the passenger seat of someone else's car in a grocery store parking lot when someone else backed into the car. The police checked her ID and found the warrant and arrested her and brought her back before the Court she ran from.
If you are outside of the state of Ohio they can extradite you once they take you into custody. There is no way to tell how much time you will be facing if you return to the jurisdiction in which you were charged. Every judge handles situations differently and some judges uniformly give you all the time you have on the shelf while others only give you a portion of it. I can say that if you return voluntarily, you would be in a better situation than if you return under compulsion because you got caught.
If you do get a lot of time, some jurisdictions also have work release programs and home arrest programs. Further, there are many rural jails in which it is a lot easier to serve time than in crowded urban jails.
Obviously you can also control the timing of your turn in. If you come to a point in your career that you can take six months or so off (college professors get sabbaticals or there might be some temporary lay offs where you work or if you are a student then you should figure out a summer break that you will be taking off anyway) then you would be wise to figure in this aspect of it as well.
You will also want to build up enough money so that you can pre-pay your rent and/or mortgage for the time you are gone and take care of other bills. You will also need enough money to hire a top dui attorney in the area in which you will return. There is nothing like local counsel for predicting what a judge will do.
What are my rights as a military wife? My husband keeps trying to kick me out of our home.. & we have a child together.
The "our home" portion demonstrates to me that it is your home as well, and thus have just as much right to be there as he does. The fact that you are in the military means you get to use the extrajudicial screw of speaking with this CO if something seems somewhat dishonorable.
can a mother (primary care taker) of a adult disable child persue for a child support modification even after the child has reached the age of 22 with having a legal guardianship of that child?
When did the disability occur? Before or after the child's 18th birthday? It might make a difference.
I left my hearing aid at my yoga studio. I emailed them to ask them to hold it for me. They emailed me back saying they had it and it would be at the front desk. When I got there a few days later, the hearing aid had gone missing. They lost it.
My question is, since I have in it in writing that they said they had it and that they would hold it for me, are they liable for the lost hearing aid and can I get them to pay for it?
Thank you!
Rebecca
This is not a real estate question. However, you left it there. They offered to hold it for you as a courtesy to you, not to somehow become liable for your mistake and your personal property. That is not their business, and apparently it was not important if you waited a few days to pick it up. If they somehow became liable for your lost items, it is a safe bet they would have never offered to hold it or even told you they found it.
I am not sure why you posted this in the portion of law guru that deals with house deeds and house closings, as this is not a real estate question.
However, they have no liability to hold it for you and if it had been important to you, you would have gotten it immediately. If businesses could be held liable in this situation, they'd toss everything they found and never tell owners. They did you a favor, and sadly something happened, and that's the end of it.
Hello, Im 16 with a son. Me and his father are still together and intend to be together. MY mother is very mean and mentally abusive. I want to move into my fiances parents house with them. Is it a way better inviorment for me and my son. Plus they are much more supportive. Is there anything i can do?
Its not a legal question rather something else. Pl move ahead for a better enviro. Good luck
Student Loans - Not making clear the repayments?
In light of the governmant action against Sallie Mae, I was wondering if there are any legal ramifications to the financial aid advisors as a student. I was encouraged to take out thousands of dollars, almost totalling $80,000 in student loans, with the idea that I would be able to pay them back with the salary of my chosen major. No such luck, I know Sallie Mae is in trouble with the gov't on this, is there anything I can do to perhaps have my loans lessened or wiped completly?
Re: Student Loans - Not making clear the repayments?
You can contact your lender about deferment or reducing the payments if you can show financial hardship. Student loans can sometimes (but not often) be discharged in bankruptcy as well, but only if you can show financial hardship in repayment. If you feel that you were fraudulently induced into taking out loans or that the financial aid people were not forthcoming with the terms of the loan or how the repayment would work, you might have a cause of action against your alma mater.
I have a cable t,v. service box in my yard that I'm tired of mowing around, it's on my property and has been there since I bought the house. Do I have a legal right to make them remove it, or do I have a legal right to collect rent for the use of me land?
Contact them to see what they claim is their right to have the box there. I would be surprised if they did not get the permission of the homeowner when they installed it; if they did, you are stuck with that as the box was clearly visible when you bought the house so the prior owner did not have to reveal that.
If the cable box is for your television, you can probably have the remove it, but be prepared to go without cable television. If it is for others, the company most likely has an easement to have it place there. You can probably find this out by referring to the policy of title insurance you were issued when you purchased the property.
i have a 14 year old daughter , her mother and me were never married . My daughter lives full
time with her mother and has no income , she is supported by her mother and my child support.
I have a court document that states that i can claim my daughter on my tax return as long as i
am not behind on the child support , i have claimed her the last 13 years but my ex was told that
she could claim her , a legal adviser said i must get a irs form 8332 from my ex to be able to
claim my daughter , h&r block says that my court papers are from 1999 and i do not need that
form , they said that just sending a copy of my court papers (like i did last year) is good enough,
who is correct?
I'm not a tax attorney. You might check the IRS help line.
Can 18 years old child full time student still get child support?
If the child is still in high school and will not graduate until age 19 - yes. Or if your papers state continuation of child support until an age beyong high school, then yes.
can t-mobile stop court paper for a phone record and the phone was not under him and it was under garrett jackson why i did phone record too get the trust who used me and who i took too court blame that girl have the phone
Can someone ignore you and what you attempt? Yes. It is clear that you need the help of an attorney to do any of the legal pleadings necessary to subpoena and obtain records that are protected by various privacy laws. If the matter is in SoCal courts, and is worth enough to you to justify hiring an attorney, feel free to contact me.
i am a co executor and beneficiary on my aunts will. the other co executor is my uncles niece. if i ask her, can she remove herself as co executor?
Yes. An executor or co-executor can always renounce.
How to reverse a QuitClaim Deed
We filled out the Deed, filed it and then discovered it has been done wrong. We want to ammend it or reverse it and put it back the way it was. How can we do this???
Re: How to reverse a QuitClaim Deed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you have the original and it was simply a typographical error, you can correct it by inserting a paragraph setting forth the nature of the error and explaining it was a scrivenor's error. If the error was greater, it will be harder to correct.
I would suggest that you consult a real estate attorney who can review the document and advise you how to correct your mistake. This may prove to be more costly than having the deed prepared in the first place.
Scott R. Jay, Esq.
Re: How to reverse a QuitClaim Deed
My firm specializes in this area of law, and we practice in your community!! If you need assistance e-mail us at [email protected]/* */
Does a person need to have a criminal judgement or conviction first before he or she can sue civilly to for financial gain ?
No.
I think what you mean is, does the perpetrator of a crime of which you were the victim need to be convicted before you can sue. No. But a conviction will make a lawsuit much easier and, if it is a felony, your case will have trial setting preference. Hope your criminal has money or assets. Watch out for legal time limits.
My in laws had a second home that they said they would sell to my husband and I. We added approximately $40,000 in value to the home by building on and remodeling. We were suppose to do a contract for deed between the four of us but now they are worried about 'tax implications' and 'gifting laws' yet we are paying them a monthly payment. The house is free and clear, we came to an agreed purchase price, and my husband receives the house FREE and CLEAR at the time of their death, it is stated in their will. HERE is my problem. If something happens to my husband I have NOTHING to prove of our agreement. I don't care if the house is in our name but what can I do to protect me? The money we spent on the remodel and addition was my money too so I should benefit from the increase in value. Help!
An oral agreement regarding real estate is completely worthless. You need a contract in writing signed by both of your in laws.
The above answer is correct. There are several different ways you can get the protection you are looking for. You should consult with an attorney in your area.
my 14 yr daughter with mental illness and adhd emotionally disturb conduct disorder she takes meds got into a fight in mt vernon ny and i would not give her way she went to school and told them i did this to her they are charging me with charges please help
It looks like you have posted this twice, but here is my answer. In a situation like this you need to find a criminal defense lawyer, who is familiar also with the family court system and the DYS.
If you are charged as you say, the court will appoint an attorney for you if you are very low income or indigent. From the facts you've given, no one could really venture a guess online as to what you should do, other than talk to an attorney as soon as possible.
Greetings, Tuesday, October 18, 2011
Here is the situation:
My father past away on Oct 2008 in his apartment in Concord California. My mother also had past away few year before my father.
My parents they had only two sons, my brother six years older than me and myself.
There is a house in Iran. Short Story my brother has not planning to sell now, or soon, I need and want my share, however, he is not fully cooperating, to either sell or buy my share in fare price of market.
Questions:
a. Do I have a right to do any legal action in the US.
b. And if I do what type of lawyer I need.
With respect
[email protected]/* */
FA
You indicate that there is a house in IRAN and that your father lived in California at the time of his death. This question is directed to Pennsylvania attorneys and I don't see what Pennsylvania has to do with this case.
Your father's primary estate will be in California. To the extent the father owned any land elsewhere in the world, an ancillary estate will have to be opened whereevr the land is located.
I am not licensed to practice Iranian law and I have no idea what it says. You will have to consult with an Iranian attorney in the province where the land is located.
In the United States, we have what is called partition where if one heir to real estate wants out, the other heir has to buy out the share of the one who wants to sell. If the heir who wants the land refuses, then the one who wants to sell can go to court and demand that the property be sold. Anyone can bid at the sale and any money is then divided between the heirs.
I have no idea if a similar process exists in Iran.
In the United States, a real estate litigation lawyer would assist. Again, the property is not here. I don't know where your brother is located. You can sue your brother for anything, but since the land is not here, I do not think a US court has jurisdiction to order any sale of Iranian property. You really need to see a lawyer in Iran. Failing that, if your brother lives in the United States, try a real estate or civil litigation lawyer in the place where your brother is located to see what other kinds of action can be brought against our brother.
Can i sue for the dalkon sheild, i got pregnant on it, and lost the baby, then had 3 miscarriges , i have incompetent cervixs, i had two have 2 cerclages, i had a baby at 6 months one baby at 7 months, had one baby at 6 months that passed away. it just my life hell
You should meet with attorneys expert in that field. I can help
The Dalkon Shield has been off the market since 1974. A.H. Robins went bankrupt in the 80's. A $2.5 billion fund was established as part of the bankruptcy plan for claimants who proved their claims. However, the statute of limitations for any lawsuit and the time limits for making claims against the fund expired decades ago. The U.S. Supreme Court rule that statutes of limitations for Dalkon Shield claims were not tolled. If Mr. Selik is an expert in that field he should know all this.
Can you take your ex-husband to small claims court for back-pay spousal support?
Take him to Family Court.
I am the plaintiff and filled suit against an individual for services performed. Defendants wife was personally served. She is not on suit. If defendant does not answer within 30 day allowed time can i get a judgement against defendant even if he was not personally served.
Maybe and maybe not. You haven't given us enough facts to be sure. While such service may be okay under some facts, it may not under others, so I'd re-serve the papers to be safe.
It depends. Was she served at his domicile? Was it served by the marshall/sheriff?
Me and my fiancee bought a house right before my divorce was final. Mediation was already complete.My divorce was final april 17th and the house paperwork was signed april 2nd. Now that my x husband has found out about the house he wants half of the house. Does he have any rights to the house? My name is only on the house due to the buying credit that was offered by the government which is if u had a house previously and had lived in that house 3-5 yrs of ownership u qualify for a buying credit of 6500 dollars. I used no money from the past marriage to buy the house. The other monies used were the fianacee's money. He has proof of that. Does the x husband have any rights to this house? Does he have any leg to stand on?
Based on the facts described in your inquiry, your former spouse has no right to any share of the house. A spouse has only a fair share of marital property; the house is not part of the marital property.
While you should have waited until the divorce was final before closing on the house, nevertheless, assuming the facts are as you represent, he has a very weak case. You would really have to get on the judge's bad side for him/her to consider your interest in the new house to be "marital" property.
Frankly, until and unless your ex formally pursues this in the Court, I wouldn't worry about his threats and "wants".
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
I agree with my colleagues and just want to add - as long as the facts that you presented are correct and you can show that the money used to purchase the house was in fact NOT any marital funds - then he does not have a leg to stand on. He's just angry that you have moved on. If he continues to harrass you then file a report with the police for stalking.
I have a roomate that is staying with me and i am the only one on the lease he got into legal trouble and drawing negative attention to the apartment through fighting with other individuals. I'm just trying to get my degree along and am rarely home. Also since his legal trouble he has not been able to pay his part of the rent. I have told him that he has to leave and he said he would leave tommorow and then tomorrow leads to another tommorrow and so on. How can I legally go about making this individual leave in the state of Illinois?
You have created a landlord-tenant relationship where you are the landlord and the sub-leaser is the tenant. To remove the sub-leaser, you will have to file an eviction action in court after serving him with a proper notice for failure to pay rent. You are not entitled to self-help (such as changing the locks). Self-help is illegal in Illinois.
If you are in Chicago, you have many more concerns as the RLTO highly regulates landlord-tenant relationships and most amateur landlords violate it in many ways.
Can a Small Claims Appeals be transferred by Defendant per CCP 116.390?
No, it is not supposed to. The defendant is supposed to file a declaration requesting transfer before the hearing on plaintiff's claim, not after the hearing during appeal.
I work in California, I am on salary. I am only paid for 40 hours of work but my company expects me to work at least 45hours. Is this legal?
It is legal if you qualify as an exempt employee under the California Labor Code and/or Fair Labor Standards Act. Please contact me at 213-381-6557 or [email protected]/* */ if you would like to discuss the issue further.
All the best,
Aryeh Leichter
Employers can require you to work as many hours as is deemed necessary. If you are truly an exempt (salaried) employee, as defined by law, you are paid the same regardless of how many hours you work. However, if you are truly a non-exempt employee (hourly) as defined by law, the employer must pay for all hours worked, including overtime rates for worked time in excess of 8 hours in a workday or 40 hours in a workweek.
To be an exempt employee, the general rule is that you must devote the majority of the work week performing either professional, managerial or administrative functions and must be paid no less than two times the current minimum wage (which is $8.00 per hour).
If you believe your employer misclassified you to avoid paying you overtime, you should consult with an employment law attorney for a legal evaluation.
Properly classified salaried exempt personnel work as many hours as the company demands, no limit, no OT. If you are not Properly classified, that is a different issue. If you think you are not Properly classified, feel free to contact me about your rights and remedies, including unpaid OT and wages, penalties and interest..
Your employer can require you to work more than 40 hours a week if you are an exempt employee. Many employers fail to properly classify their employees. As a result you could be entitle to overtime and penalties. Additionally, many employers underpay their salaried employees. Feel free to call me and we can discuss your situation. I have offices in Riverside and Costa Mesa. 951-680-1182
If the NY cop never informed me the extent to me refusing the breathalyzer, and arrested me after asking me two times, can i beat the suspension/DUI case?
If the police ofc did not sufficiently apprise you of the consequences of a refusal to submit to the test than the revocation based on that refusal will not be valid and you will be able to get your license back
It will be a question of fact to be determined at the appropriate hearing. If you are able to prove that you inquired about the consequences of refusing the test and the officer failed to advise you of such then you will prevail at the hearing and retain your license pending trial.The burden of proof is on YOU.I can be located @nydrunkdrivingdefense.com or@7188340087for more info.
A few days ago I unfortunately witnessed a homicide during working hours. I was delivering food to a patient and tragically saw a shooting right in front of me. My job has quickly wanted me to fill out workers comp paperwork. Unfortunately my job has shown no empathy towards my situation even though it was during working hours. I have gone to a doctor and am off for a few days. While I am getting better, my question is would I be entitled to take a stress leave later if I feel like I have not coped with my experience well? I dont want to take a huge leave now because I want to get back to routine of things and slowly create normalcy. However, if I feel like I am stressed and not dealing with it well in time, can I take some time off? would workers comp. protect me? should I file for disability? and will it pay me while im off? thank you.
What you could do depends entirely on a psychiatrist or psychologist's MEDICAL REPORT.
You can't just wake up one morning and decide you would like more time off and expect to get paid for that.
If a mental health professional on the Workers Comp Insurance Medical Provider Network (MPN) writes that you (1) sustained an industrial psychiatric injury and (2) are temporarily totally disabled for a certain set of days or weeks, only then is the insurer liable.
IF LATER you suspect you have failed to cope, you would have to get this MPN Psychiatrist to write you are Totally Temporarily Disabled.
YOUR FEELING about whether or not you have coped gets you Zero.
Would Workers Comp 'protect' you? ABSOLUTELY NOT. Workers Compensation Insurance companies have dutie to the shareholders (or taxpayers) to provide you the absolutely bare minimum required by law and not a penny more... if a comp adjuster has any legal ground to deny treatment or payment, they deny it.
I am resigning from my position due to church reasons and I am giving 60 days notice. Can my boss legally decide to just let me go after one week?
Yes
can a child be takin away from there parents for verbal abuse
Depends on how bad the abuse is. In many cases verbal abuse can be much more painful than physical abuse and can be more damaging on a longterm basis for the child.
lawsuit for felony
if a man is convicted of a felony for child molestation can he be sued for his retirement income and his homesteaded house which is in major disrepair and has no water well or sewer on his property?
Re: lawsuit for felony
Unfortunately a homestead and a retirement account are exempt property in Texas and generally cannot be attached. However I do not believe that distributions from retirement accounts remain exempt. You should consult with an attorney and advise him of the specific felony committed.
I am going through a divorce.I am trying to buy a car.If another person and I both apply for a loan for this car, would my spouse still be able to use that in a divorce as we split everything even though my name is not the only name on the car....
No, assuming this transaction was after you and your spouse separated and also subsequent to your agreement to "split everything".
My son was hit by a police vehicle while trying to elude, on foot. After knocking him down, excessive force, including the use of a taser, was used. They would not carry him to the ER following this incident. His "crime"? An invalid tag. Well, now there are Several charges against him. I feel like the use of the patrol car was the same as a deadly weapon & I'm just wondering what recourse we might have in this matter.
Thank you for your advice!
You're asking the wrong question. He could land in prison. You need to worry about his criminal charges. Why would he have run over a tag charge? You've obviously left out a great deal and he is in severe trouble.
If you want to help him, stop worrying about what you posted and be thankful they used a taser and not a gun. And get him a criminal lawyer (if the facts later show grounds for any civil case, the criminal lawyer can advise you on that).
You can sue the police. Of course, you first have to locate an attorney to take the case, which will probably mean paying him money, because this is not a contingency case. Second, you have to hope that your son does not land in prison,because a jury is NOT likely to give anything to a convicted person. See my website for other hints: www.lawrencelewispc.com. Good luck.
My fiance was accused of scratching a former co-workers car and will be tried on 12/28/11. The evidence they have provided us has nothing in it that says she was seen doing this. The only thing said was that another co-worker saw my fiance walking around the car, but she had to walk around the car to get to hers. The side of the car that was scratched was on the side away from the building where no one inside could have seen the scratch being made. What should we do? I don't see how she could be convicted with the evidence they shared, unless they did not share all of the evidence.
I'm assuming you do not have a lawyer representing your fiance. You really should. The lawyer is able to submit a Discovery request which will force the prosecution to provide all of the evidence. That's important.
I need to get legal advice from a lawyer who understands the laws in the state of PA.
Would iu narrow it done some. As to what area of law and where in Pennsylvania ou are located.
John
I am convicted felony. Check no-account. It was in April of 2001 in Michigan. Is there any way I can get my gun rights so I can go hunting and maybe protect my family if it ever come to that. I know what I did was wrong. What to jail for 15 days and got off probation 6 months later. Paid all fines. I also have a misdemeanor larceny on record from 1997. That's all I have on my record. Is there anything I can do with some help.
The only chance is if the larceny was committed while you were under 21, otherwise, no.
I was actively recruited by a large national bank...(Wells Fargo) I was blatantly misled about key critical aspects of the job and would not have gone to work there had I known about these things. I was wondering if it is legal to bait and switch a recruit in the hiring process? Thanks
No, it is not, but it is usually very hard to prove, since so much of the hiring process is in conversations and not documented. Furthermore, unless they misrepresented measurable and economically significant aspects of the job (such as revenue history of a territory for a commissioned sales person), it is very hard to establish any damages that are worth suing over.
I have Pvt Ltd company, turn over 1-2 crore per annum , having 150 employees , want to open a branch office in US , we design utensils here , wish to enhance our business. what is in Law for such,
You should be able to open up a branch office without too many problems, we can walk you through the process of getting appropriate immigration visas and business related documents. If you want more information, you can e-mail our office at: [email protected]/* */
You will first need to incorporate in the U.S. This could be a wholly owned subsidiary of your current company or partially owned in conjunction with U.S. investors. You would need to hire American employees or procure visas for current executives of the company to come and work for the U.S. branch. Then, you would need to address the import of the merchandize and enter into the relevant distribution agreements.
We work with foreign companies and have access to mufti-lingual attorneys and can certainly help your company expand in the U.S. Feel free to contact my office via telephone or we can set up a Skype call at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
I have a 35 year land lease that commenced in 1995 and should terminate in 2030. In 1995 it started with a$2,600 monthly payment plus $1,200 property tax payment. The lease has a cost of living clause. Up to this date, 2014, I have been current in tax payment. However, with the verbal consent of Landlord, I made the following lease payments; 1995 $31,200 per year; 1996 to 2007 at $24,000 per year; 2008 to 2010 31,200; from 2010 to this date with the verbal consent of landlord I paid property tax payments only.
Today, the Landlord has made a substantial bill of $250,000 , adding the cost of living from 1995 up to now and intends to terminate the lease unless I pay the said amount. Not once is the last 19 years Landlord has demanded verbally or in writing about cost of living increase or the shortage in rent payments that Landlord had verbally agreed to.
Do I have any legal rights to fight back? Landlord wants to sell the property and get rid of me. He is willing to forego his $250k demand if I agree to the lease termination. I do not want to terminate and I do not want to pay the $250 K. Do I have any rights?
It is difficult to answer that question without seeing the terms of the lease. We could take a look at it and give you an opinion on what your rights might be.
I received a retainer from my attorney for a auto accident(where I was not at fault), the following statement was in the retainer "This retainer shall not apply to property damage, personal injury protection and medical expense claims when these funds are recovered without a lawsuit. " My question: Are my medical bill considered medical expenses, if so can my attorney charge a 1/3 of these medical bills(expenses)?
Your attorney is telling you in the retainer agreement that he/she is not charging you the contingency fee for recovering for property damage, your own personal injury protection coverage which is part of your policy, and any other first party insurance. Once you have completed your medical treatment and all your other losses and expenses have been determined, the attorney will undertake to settle your liability claim with the other driver's insurance. The attorney will factor in the severity of your injuries, the amount of your out of pocket losses, including medical expenses even though paid through other insurance, lost income, and any other out of pocket expenses. He/she will also consider the length of time it took you to fully recover from your injuries. If you reach a settlement, the attorney will be entitled to 1/3 of that amount as their fee.
I bought a new mattress from a local business and when I went to pick it up a few days later they had sold it to someone else and did not have another to replace it at this time. Wouldn't that be considered stealing since they have my money and I do not have a product?
No but it would be breach of contract and perhaps other civil claims. I'd suggest asking for your money back and taking your business elsewhere.
