i live in new mexico. My Husband died do i have to assume responsibility for his car loan if it was only in his name
Quite simply: No. However, you will also probably not get to keep the car. You can call up the people who have the loan and tell them to come pick up the car.
Hope this helps.
Law Guru
I am from Michigan and it states that you can only have one felony set aside. Well I had a felony that was deferred and I completed all requirements and it was dropped but I had another felony that was not but I am being told that it doesnt matter that I had the first one deferred. I have just completed my bachelor degree and getting ready to start Grad school for psychology but I now find out that I cant expunge the record. Do you have any advice?
Thanks
If the first one was deferred, it's not a conviction. The second one may be set aside, assuming it fits the statute and you have no other misdemeanors as well. Visit kliszlaw.com to discuss. Tim Klisz
You may be able to set aside your felony conviction in Michigan. First, you ought to consult with a good and experienced criminal defense attorney in Michigan to see if you qualify under the present law.
Visit us at www.hajjilaw.com or contact us at 888.432.6425.
Thank you
Three cars were in a fender bender, i was the third car in the rear. The lead car slammed on brakes during a red light causing the two cars behind him to collide into each other The lead car fled, who is at fault?
Probably, the main malefactor would likely be the one who
fled, but, you also may have contributed to the accident by not allowing enough distance between your vehicle and car #2.
My lawyer left the case I think retired she drew up the receipt of distribution, can we use the one she drew up or does a new lawyer have to draw up another one
I don't see why not, as that is the last document that needs to be filed with the court, except a discharge of the executor, should be filed to close the case with the court. You might be wise to seek a short counseling with a probate lawyer to be sure no details have been left undone in closing the case.
Someone is making money off of my modeling photos in a mobile app when I did not sign over any rights to them. Can I sue them?
This is a civil litigation question, not a criminal law question.
My mother updated her will over a year ago awarding my sister a life estate of the family home and 5 acres. My son who is the only grandchild is to inherit it upon my sister's death. She set aside $20,000 to pay the taxes and insurance. Our mom recently passed away and my sister who has been a drug addict for 15-20 years wants to contest the will on the grounds that mama was not in her right mind when she updated the will and the will my sister wants to use is the previous will (which I believe she typed up herself and took mama to the bank for notary and witnesses) left the house and land to be deeded to her. The previous will did not specify how $40,000 of mama's estate was to be distributed. Mama always stated she did not want the house to be sold and wanted to insure my sister had a place to live because she would have been homeless had she not lived with our mom. She also names her grandson as executor and he is to make sure the taxes and insurance are paid. She was also afraid if the insurance was not paid my sister would accidentally set it on fire because she sleeps with a lit cigarette. If the will had not been changed my sister's husband who is an ex-con who recently spent time in jail on another charge (cocaine and dui) could have been in line to inherit the family home. My mom suffered from dementia but knew what she was doing when she updated her will and did so at a reputable attorney's office. Does my sister have a legal right to contest?
A person with dementia may or may not have capacity to write a will. Your sister should immediately hire an experienced lawyer to protect her interests. Hopefully her grandson has already also retained good counsel.
Anyone can contest a will if they have legal grounds. Telling us that your mother has dementia does not tell us much. If her dementia was bad, then her updates might be invalid if she lacked the mental capacity. However, if her doctor felt that she was competent and the lawyer who did the updates believed that she was okay, then maybe the will would hold up in court.
Even if the will is tossed out, its not going to revive the old will. What would happen is that any property would pass via the intestacy laws as your Mother would have been treated as if she had no valid will. But without knowing mroe about her situation and looking at the documents, its hard to say.
I hope the executor under the updated will has an attorney. If the sister is a drug addict, its not likely that she is going to be able to afford an attorney for a caveat challenge to the will. Litigation is hideously expensive and most lawyers will not take this type of case on a contingency fee. Unless your sister has a really good argument and is going to walk away with a good sized chunk of money, a lawyer will not want to get involved unless your sister can pay. Howeever, from what you have stated, unless there are other significant assets, it sounds like your sister would be better off with the life estate.
my ex husband is not the father of my kids but his name is on the birth paper and we were married when I had the kids and live together,now he do not want to pay child support can he do that?
He is apparently attempting to dis-establish paternity, which is permitted under current Florida Law. He has to meet a high burden of proof though. Contact my office for free consultation.
Under the circumstances, I would say that if he was married to you at the time of the birth of these children, then by law he is legally responsible for their child support. If he wishes to proceed that now he is not the father, it will depend on other factors that you have not given - one being the age of the childern.
I am separated and buying a house. Is the quitclaim deed necessary so that my ex-husband will not have the right to the house I'm buying?
First, please note that the term "separated" can have two entirely different meanings. One is "still married, but not living together," and the other is "legally separated by court decree and for most civil purposes the same as divorced." Since you refer to your "ex-husband," I'd be inclined to think you've been through the legal process in court. In that case, there is no longer a marital community and no community property, and no real need for a quitclaim. Almost all the same laws, rules and policies that apply to divorced couples also apply to legally-separated couples. On the other hand, if you don't have a court decree of legal separation, a quitclaim deed would be a good idea and may be required by a lender.
If you are still married, many title companies and escrow companies request the execution of a quit claim deed to ensure that the title they list as being separate property is truly the separate property of the party acquiring the property. It is legally erroneous, because a quit claim deed does not transfer after acquired title, but they use it as a matter of policy. Sort of an "everyone else is doing it wrong, so we should do it too."
Home buyer is requesting an amount greater than the purchase price. The extra money is going to be used for repair and replacement within the home. The lender is requiring the buyer to use a contractor from a lender approved list. Quotes are understandable but is it legal to require use of a specific contractor for the actual work?
Nobody here has read the sales contract to know the terms so there is no way anyone here can answer you. Neither a home seller nor a home buyer should sign a home sale contract without their own personal attorney reading the papers before signing (NOT the closing lawyer, who works for the lender), so you should be asking your attorney.
It can be a complete disaster to buy a home without one, so DO NOT.
I was not served a summons properly. Did not receive the summons, and did not know there was a court date and now they are seeking clerical judgement on me what should I do?
If the court believes that you were properly served, they will default you and you will get stuck with the judgment, and it is a lot of work to vacate the judgment. Better get an answer on file.
Chances are by the time you read this that the default and clerks judgment have been entered. They are generally entered within a day or two of receipt, sometimes same-day. You will need to retain an attorney to get them set aside quickly, before the time for moving to vacate the judgment passes.
When I started working for a doctor's office, I was made to sign a three year contract. I had worked almost one year before quitting. During this year I was asked by the Dr if my breasts were real and if he could see and touch them, It made me uncomfortable, but I needed the job. He told me not to tell anyone and I kept working. After this the work evironment was so bad I dreaded going to work .Some of the staff had attitude problems, including the Dr and others weren't made to do their share of the work, therefore putting the load on me. The comments also kept coming from him. I tried talking to him about everything and he basically told me I was depressed so I quit. One month later, I get a letter from an attorney who handles collections, and the Dr is suing m for $5000, the contract. What can I do? I did tell people about the Dr's comments. I know it was wrong to quit, but I just could not take it one more day. Not one person called me from the office asking why I was quitting.
You should retain an employment law attorney IMMEDIATELY.
Your situation is very serious. Do not speak to anyone regarding this matter. (Other than your attorney)
Contact me at 404-522-0341 to discuss your case.
I second Attorney Ashman's and Attorney Malekabadi's sentiments. This is really a sexual harassment issue - the $000 allegedly owed is secondary. Get to an employment attorney specializing in sexual harassment NOW.
I don't understand why the doctor is claiming that you owe $5000 anyway. Even if you signed an employment contract, unless there is something in there about liquidated damages, I just don't get it. Most employment contracts involve issues over non-compete clauses.
However, this is also an employment issue. I don't handle employment law at all and that is why you need to see an attorney who does.
From a legal prospective, what are the primary questions I should ask when attending an open house
I suggest that you save the legal questions for the time when you are about to make an offer. Have a lawyer review the contract BEFORE you sign it.
Open houses are meant to be an introduction.
At the open house, ask all the questions about the property, its features, what's included or not, anything that is deal breaker or a must-have for you, etc. If any of those things are a turn off, why go any further? If you still are interested in the property after hearing and seelng everything, then proceed to the next step. If the Realtor or broker is pressuring you to sign an agreement/contract immediately, be very careful and insist on taking a copy of the document and its attachments and all other papers (promotional, information sheets, your print-out of the online listing) with you.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
My girlfriend and I have a 4 month old son, which paternity has not been established but believe that he is mine. Her mother is very controlling and has told her if she doesnt come home then she would not have a home to come to if something were to happen between us, so she has gone home, now I would like to see my son but her mother says no. Do I have rights to see him anytime? Can I just go and get him? It is also not fair to my parents as they have been really good to her and have bought just about everything that she and the baby needs, unlike her mother who always says she has no money but works a full time job..I just want to know my legal rights now without having to go to court just to see him..What can I do? Thank you T.D
If you are not married, then you do not have any "enforceable" rights at this time. So, you are basically faced with either (a) living with whatever rules she puts in place or (b) going to Court and taking the control out of her hands.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
when on parole in texas can a parolee associate with a convicted felon if said felon has discharged sentence and is not on parole or probation? Is on record with tdcj as parolees common law husband/wife, and were living together at time of parolees incarceration.
Your best bet is to ask your parolee officer. There are no fast and hard guidelines.
When a witness signs on a Power of Attorney is it mandated that the FULL Name of the witness be present?
As long as the witness is properly identified then that is usually sufficient.
I bought a house with my girlfriend 11 years ago. we split up 6 years ago and I have made all payments on house. She filed bankruptcy so as to have no liability on the loan. But, he name is still on the deed and she refuse to sign it over to me.
The only way to remove her from the deed is to file a partition action in the circuit court of the county where the property is located. The judge will order that the property be sold at auction on the courthouse steps. You buy it and only your name will be on the deed.
You also need to determine if the bankruptcy trustee retains any interest in the property.
Call
877-444-1005 toll free
417-889-4766
If you require further assistance.
My father is Infirm and my step mother claims to be the executor of his estate and also says she has power of attorney. She told me she took his will to a friend of hers that is an estate planner to make sure she is financially " taken care of " . She has also tampered with his gun safe that my brother is to inherent. I have never read my father's will, and his wife will not allow myself or my siblings to view it although I have asked, considering it seems she has ill intent. Is there a way to obtain a copy or at least view my fathers will before he passes, so myself and siblings can protect our inheritance?
I'm not sure how your step-mother's intent is any more ill than yours. What you're seeking to "protect" does not belong to you, and it may never belong to you. Unless your father wants to show you his Will, you have no right to see it. I hate to sound like the tough voice of reality, but your father is not required to leave you any inheritance at all.
If you have concerns about your step-mother, consider first discussing the issues with your father. Understand that your attitude toward her is likely to adversely affect your relationship with him.
i was ordered by court to pay child support of 308.00. over the yrs she has asked for more and more money, i couldn't afford to pay a lawyer so i had agreeded to give her more now I'm paying 500.00 and I can't afford it or afford to move out of my parents home due to student bill etc. She has deniged me my visitation rights. Do I have to pay the 500.00 or can i just pay her the 308.00.
You are only obligated to pay what either the court has ordered or what is called for in a written agreement. Either parent can ask the court to modify the original order up or down depending on a significant change in income for either party since then. You should be aware that since the original order the MD child support guidelines have been updated, which has resulted in higher amounts being required. Especially in view of your visitation problems, if there is no written agreement now for custody, support or visitation, you should seek the assistance of an experienced family attorney to help you prepare and negotiate one. Check with the bar association in your county for programs that offer reduced fee representation if you income qualify.
hi , I'm applying for adjustment of status with USCIS. I'm a citizen of Israel and entered US on my Israeli passport. I do have a Russian citizenship in addition to the Israeli one since I was born there and never renounced it. I don't have a valid Russian passport and didn't live there since I was a child. Should I even mention the Russian citizenship on the AOS forms (i-485, G-325A...) or just the Israeli one?
Thank you.
You would want to designate the country that you last resided in, & have a valid passport with, if you have dual citizenship.
When my mom pasted away last year my grandmother got custody of me but as I live with her she becomes unstable and a little unreasonable. My mom's closest friend said she will take custody of me but doesn't quiet know if she can. Is there a way for her to get legal custody of me?
It depends. The Court is bound to do what is in the best interest of the child (you). This is not a question that can be answered with a simple response. I would recommend you have the friend contact an attorney to get help and advice.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer:
You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.
I live in New York State. If my spouse dies and have high medical bills from his treatment am as his wife am I responsible to pay those off using MY life insurance cash value along with any retirement money's I have saved. Such as IRA's , Pensions, Annuities etc?
No, his estate is responsible.
I I would like to know if I am able to fight a traffic case if I was arrested for driving but I was not in the drivers seat nor did I have he keys in my possesion
You can always fight a criminal charge. That's an absolute right.
The question I believe you ask is, "Can I win?" The DA must prove "actual physical control" over the motor vehicle. On the bare facts you state the DA will face diffculty proving driving; it will depend on what other facts the DA has at his/her disposal.
My husband is a bigamist. He claims we are divorced. I have never signed any papers for divorce, nor have I seen any documents for divorce. I have asked him to send me proof...with no results. I have called the Clerk of Courts in the state that he lives in Louisiana and there's no record of a divorce I live in Texas I don't have money to start legal legal process for divorce and I know that I'm entitled to half of the 41 K at least what do I do how do I start where do I go
You need to look at Lone Star Legal Service for a pro bono (free) attorney. I don't know if they are accepting cases at this time. They are very busy because they are free.
If you did not receive any papers then you are probably not divorced.
Unfortunately, I've heard stories like your many times. Men just get married again without bothering to divorce. Be sure to keep your paperwork because if he dies you will receive his Social Security benefits if you can prove that you were the first woman he married -- you would be the widow!
I don't know Louisiana law.
If he was already married when you married him, then you will have problems getting part of his 401(k). If you were the first wife and then he married someone else, then you are the "real" wife and the other woman is not truly married to him.
You will probably need to hire an attorney to help you. Many offer a free consultation either in person or over the phone. Look on this website and on www.avvo.com
I cannot tell what county you live in.
Good luck and Happy Thanksgiving.
I was arrested on charges of criminal trespass and terroristic threats, however, I never trespassed or threatened this woman (plaintiff). Its a long story but there isnt any evidence confirming these charges. Just a woman's testimony. If I knew I was guilty, I would've just gotten a lawyer to represent me at the court but I would plead guilty. But I don't want to plead guilty because I didn't commit the charges. The details are that one night I heard a neighbor calling me names (its happened many times before) this time I got tired of it and went out of my gate and a FEW STEPS INTO THE STREET NEVER INTO HER PROPERTY and I started screaming to her "What the hell did I do to you?" She got scared and ran into her house. But she didnt call the cops right away. She waited until her husband got home (about 20 min) and then called the cops. If she was in danger don't you think she would've frantically called the cops so they can assist right away?
You need to hire a lawyer to represent you. The lawyer may be able to get the charges dismissed; otherwise, plan to go to trial.
my mother died in 1973, her husband and her was buying a house and had it paid half way, my stepfather continued living in the house.I am the only child of my mothers, butthere was nothing ever said about me having half ownership of my mothers half of the estate. so I asumed he was sole owner. he, my stepfather died in 1994 and his sisters and 2 neices and 1 neohew kept the house in their family. now 2011 the family of my stepfather tried to sell the house and find i am half owner of that house. my question is does my inheritance only go back to the worth of the house in 1973 or the worth of the house in 2011?
You own the worth of the house today l- when it is sold. It is possible that if the other people involved spent monies in addition to repair and maintenance that you may owe them back a portion of that, but they also owe you rent. Hire a lawyer to help you through this.
If a second party posted immediate cash of 1,000 on a 3,000 bond set, and I have since made payments on the balance, may I cease further payments since my case has now been dropped, discharged and bonds exonerated when I appeared on my arbitration court date appearance. Case was dismissed. Is my initial bond posted by second party refundable?
No, you still owe the money. The bail bonds person or the insurance company put up the bond and still needs to be paid for it.
Cash bonds paid to the court are refundable. Money paid to bail bondsmen is not. If you didn't even pay the bondsman in full for his 'premium', you still owe it. pay of be sued.
Take a look at the bail contract. It will state that the premium is nonrefundable.
Was served a 10 day notice to quit, but was served with summary and complaint on 10 th day
I assume your question is what to do?
Technically, the landlord moved too quickly. But your main defense is to pay the rent, because he moves too quickly you maybe able to get out of paying the court costs. Attempt to pay rent now and when he refuses you can testify that you tried to pay. Take a witness who can show up in Court.
I was fired from a body shop where I served as an estimator. I noticed on their website they are using my name as an estimator on new jobs that I have never been involved as it is new business. Should I write a cease and desist letter giving a date for them to comply by. After the comply date should they fail to comply should I notify them there will be a charge for using my name?
You can ask them to cease and desist, but I don't think you can charge. At that point, if they do not cease and desist you will have to get an attorney and sue.
I live in Indiana and work for a Regional Bank headquartered in another state. They owe me $250.00 for unreimbursed mileage and $1,400 for an unpaid referral fee (we get paid a referral fee for sending business to another dep't like mortgage, private bank, commercial, etc...). I have repeatedly asked via e-mail for this payment and have copies of all of the responses telling me the $ will be paid. I plan to quit in October but want to get paid. Should (can) I sue in small claims court, and should I do it before or after I leave? Could I also ask for additional money to compensate me for my time and the headache that this has caused? I'm not litigious and have never been involved in a legal issue, but I am getting nowhere by continuously asking. It's also uncomfortable to work there with this issue unresolved. 1 more thing...the supporting documents to prove the referral happened are brokerage statements with confidential information. I have these, but am leary about telling the bank I have them since they are no longer my client.
Many Thanks,
You may be able to file a claim with the Indiana Department of Labor.
i am supose to get off probation nov.3,2011.I have a probation hearing on oct.19, reason for the hearing is modification appearance, I still owe victim restatuion and some court fines,I have been making payments every month for 3 yrs the lenght of my probation. I just lost my income Oct.1 and still owe court fines and restatiuon and no means to pay them.my question is a modification appearance does that mean I am still going to be on probation with changes to the terms or am I going to be released from probation? If I am still going to be on probation what can I do to get off probation. I have done everything the court has asked me to do and have made payments the best I can.Thank You for your time and help. You can contact me at my email address [email protected]/* */ Once again thank you. GENIA
Some counties want the money so bad that they extend probation if you have not finished paying everything. They have to extend it because they do not have jurisdiction (the ability to order you to do something) if probation terminates.
In some ways it is better for you because you will have a better chance having the conviction expunged.
Do I need a bachelor's degree to be a Sports Nutritionist Illinois and is certification courses in Sports Nutrition acceptable? Is a license required to be a Sports Nutritionist in Illinois?
The Illinois Department of Professional Regulation website is a good place to start. There are a few related professions that appear to require licensing. The license requirements are set forth for each profession.
I asked a question earlier today but I don't think I gave enough details to get the answer I need so I will try again. I am a pro per Plaintiff in a civil suit (had an attorney but had to leave him because he wanted lots more money that I didn't have). I am less than 2 months away from trial. In the meantime, the Defendant's wife sent out a 7 page letter to a lot of people including all of the witnesses I have in my behalf. To say that this letter is defamatory is an understatement...she FALSELY accused me of everything from stealing from the government to being a sexual deviate. I am convinced that her husband, the Defendant, played a part in this letter as well.
Needless to say, I want to take legal action against them for his grossly defamatory letter, but I don't know if I can file another civil suit while I have the first one already pending.....I don't think wanting to take action against this defamation makes me a "vexatious litigant."
I would need more details before I could offer any advice, but it sounds like your defamation claim against the wife would be distinct from your case against the husband. If that's true, you could pursue it in a separate case and would not have to wait until this case is over before you file it.
You should consult with a lawyer before suing, even if you can't hire one to represent you. Defamation is a somewhat tricky area of the law, and there are a variety of privileges that might get in your way. A bit of legal advice up front may prove invaluable down the road.
Good luck.
A lawsuit for defamation triggers a special motion to strike (anti-SLAPP) and raises the issue of whether the statement is privileged if made within the context of litigation. I suggest speaking to an attorney before filing something that may cause you to be liable to the other side for a huge attorney's fees bill.
Type Your Question Here...im a felon.My girlfriend moved in with me and has a registered firearm.She has no drivers licenes and cant speak much english..can i take her to the gun store to sell it
NO NO NO
You already broke the law by having a firearm in your residence
770.985.6773
Ralph
If you are caught in the vehicle with a gun, you are going to jail.
I was cooking meth and growing 3 small pot plants my husband had no I deal about me cooking cuz I went to the woods I told him I was geting it from a friend the cops came in and got all my trash cuz I didn't want a kid to get a hold of it out in the woods will he get in any trouble for wat I have done if he gets one more case it will be his 3rd one what will happen
Obviously, you know that both you and your husband need seperate attorneys. Whether he will get charged, will come down to the facts. There probably isn't enough space here to provide sufficient facts. Without those facts, it is impossible to extimate his chances of getting convicted.
Good luck
I own a cooperative and was forced to retain legal counsel when the board refused to address serious issues regarding my unit. The cost of damages included legal fees and water damage, etc. What is my timeline to file a lawsuit? Im seeking an attorney in my area
Give me a call 516-314-1343
You would likely have 3 years from the date of the loss and we have substantial experience handling these types of cases and very reasonable fees. However, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
CZIK LAW PLLC
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New York, New York 10013
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The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.
Does California State Law require a resident or a company in California to honor an out of state grand jury subpoena?
You need to resubmit your question under California. Texas lawyers are not going to be able to answer your question without researching.
What is the average cost of having a simple will written?
Probably $200.00 to $500.00
Help I am on probation for prop 36 and recently learned I have bench warrant for F.T.A . In court for petty theft. I was never arrested for shoplifting but officer did tell me to appear in court and I was hospitalized on that day. So, now I completed my prop 36 classes I am on summary probation so, when I go to court this wk. to turn in completion document, will I be arrested for bench warrant for not appearing in court for shoplifting incident? Please help me I am soo nervous Did I violate ?
are the prop 36 case and the petty theft charge in 2 different courts? 2 different counties? how long ago was the missed court date? (how long has the warrant been out there?)
A bench warrant is an arrest warrant, so an arrest may happen if you walk in on the missed petty theft case and/or on the drug case, depending on who has jurisdiction. The warrant would have been issued by the court in the petty theft matter, however, files can be put together and calendared, depending on jurisdiction.
That would mean you are facing other "open" issues, such as a pending petty theft charge, when you go to court on the prop 36 matter. If they are in 2 different counties, that is very unlikely unless an attorney asks for and succeeds in having the cases put together.
An attorney can clear the warrant for you without your being present. If you were on probation at the time you missed the court appearance then technically, yes, not appearing in court would be a probation violation, if you signed a promise to appear.
At least the (alleged) violation wouldn't be a drug-related violation (if a violation at all) - the timing of these occurrences matters. Again, either way, an attorney that regularly practices in those courts, is your best bet. Good luck!
you can bring proof/ supply attorney with proof you were hospitalized on the court date, but you were obligated to contact the court after your release. The length of time the warrant has been out there is another factor.
I was on PTI for a drug charge, and I have complied with all aspects listed in s.948.03. Although they are now saying that I had faild to report a few months ago, though I tried to call my PO for direction on when to report, ad she had never gotten back to me.(I went in on my own valition and dropped paperwork off, but there is no record of it) I have now been revoked from my PTI, and I am again facing going back into court although I am only 3 months from the termination of PTI. what is my next course of action? can I be reinstated into PTI? Can she be held liable for this due to her lack of direction for my reporting, or am I just at the mercy of the courts?
PTI is a state run program and it is all at their discretion (for the most part). I have had clients get kicked out of PTI and then talked to the state to allow them back into the program. If it is some sort of clerical error, then they MIGHT let you back in. However, without proof of dropping off your paperwork, the burden is on you, not them, to show that you actually did what they required. Even if you are not allowed back in, if you have an attorney assisting you, then that will greatly help any issues you have with "the mercy of the courts."
My daughter gave a $1000 deposit on her wedding reception over a year ago to a banquet facility that subsequently closed without notifying her. When I tried to determine what kind of corp it was, the records just stated "fictitious name" and the owner was listed as another corporation also described as a "fictitious name." No owner of that company was identified.
The actual owner spoke with my daughter once and promised to call back. He never did. Who do I file against?
First, i would file a complaint with the Pa. Bureau of Consumer Protection. You can file online at http://www.attorneygeneral.gov/complaints.aspx?id=451.
Second, if in fact the owner was a legitimate corporation your chances of recovery are slim, as usually a defunct corporation has no assets. Nevertheless, because corporations are listed as "fictitious names", there may not be a corporation and the business may have been a sole proprietership. You can obtain information from the Pa Dept. of State Corporation Bureau who can provide you with documents that identify the individual persons and address who filed the fictitious name listings. I would then go to your local District Justice Office and file a Civil Action against the individual(s) who registered the fictitious name.
How long does it take to schedule a divorce pretrial conference in Placerville, CA?
Unless you happen to just get lucky and an El Dorado County Family Law attorney who is in court there regularly sees this question and happens to know the current calendar, the only answer you will get is to do what we would have to do: call the court and ask.
My wife took our Honda Pilot for an oil change. While car was still in the bay the technician tried starting the car and it would not start. I showed up 20 minutes later and they were still trying to start the vehicle. I asked them to stop and I called the dealership. I was asked to take vehicle to dealership since i had warranty. My road hazard sent a tow truck and took my vehicle to dealership 50 miles away. I still had to pay $89 out of pocket. After a few days and another $500 (warranty does not cover diagnostics) the experts told me that the car was strted without oil. The cams were stuck which damaged my timing belt. The Honda company is going to send an adjuster to see if they will cover. I am afraid they will not cover since it was not a manufacturer problem. Do I have a case against the oil change business.
Yes although you have two issues:
1. Your ability to prove all of those facts; and
2. Whether it is worth your time/money to recover it.
I don't know how much it might cost to repair the engine but that would certainly play into the decision whether pursuing litigation makes sense, in particular the amount you have to pay out of pocket. Once you know whether you will have to pay for the repairs out of pocket you should talk to a local consumer law attorney.
I have a question. My husband is required to reimburse payment of his son's insurance. His step-dad carries insurance for the whole family. There are 6 of them. His employer charges the insurance but then gives them credits to use towards insurance. Is he only responsible for the difference or the full amount? Also, are we responsible for 1/6 of total insurance or 1/4 of the difference between employee and spouse and employee and children?
Your husband would have to pay for the cost of insuring only this child. It appears that there are a bunch of you on the policy.
So courts are trying to be fair. Some judges would take the total and divide by the number of people insured. I suspect that your husband's cost would be around $100 or less per month for a minor child on an insurance policy. You can calculate the insurance both ways that you listed above - try to determine what the children cost and divide by the number of children.
I hope this info helps.
Merry Christmas!
www.familylaw4u.com
I filed assault charges against someone and when we went to court, they filed harassment charges against me. Neither of us were processed (finger printed, photographed). I was just told that we should have been. In New Jersey, are you supposed to be processed when a private citizen files charges against you and does it matter if the charges are assault or harassment?
Your lawyer would have to work that out with the prosecutor. Call me at 732/773/2768 to discuss.
You need a lawyer. this kind of court fight can get nasty!
call me and I will assist.
Robert Davies, Esq.
201 820 3460
child support question
I have a 14 mo old son & am currently 2 mos pregnant w/twins. I have a child support hearing on 5/1/07 in Maryland. I have relocated to Florida w/my mother due to not having a place to stay once my ex walked out on us. My question is I am now on public assistance (medicade and food stamps) & looking for work, although because I have no money, need child care & am often sick due to my pregnancy it's been difficult. I am worried that since I am now in Florida & on assistance & do not have a job & my son is not in daycare the court will not rule in my favor & give me a reasonable amount of support. My concern is that I don't want support of my child to fall on my mother because I stay with her. Eventually I will find work & he will be in daycare but I know going back to Maryland again to try to get more support will be difficult. This is not an attempt to try to take all of my ex's money, I came here to get our life together not be a burden on my Mom. I don't want to look bad to the court & like I don't need help when I really do. I think I can get a job at a gas station up the street but I was trying to get something better. Would it be in my best interest to just go there before my hearing & get him in daycare asap? Theres more but
Re: child support question
It sounds like you're doing the best you can under the circumstances, and I don't think the court in MD will feel otherwise when it comes to ordering child support. Your ex is required to support his son under the child support guidelines. Once you have legitimate day care expenses, he is required to contribute to them as well, but you will probably have to work that out or have another hearing later. Given your pregnancy, I don't think the court will penalize you for not working until you give birth, at least not full time.
Re: child support question
You do not need to worry that the court, either in Florida or Maryland, will deny you child support because you are not working. In both states child support is calculated based on the incomes of both parents, but if one parent is unable to work because of a legitimate reason the lack of employment won't be held against him or her. In Maryland, caring for a child under two years old is considered a valid reason for not being employed. You should file for child support immediately. The process takes some time, and if you are now receiving no support, the father will be ordered to pay an arrearage back to the date on which you file your claim, but not to any time before the filing.
I have been separated for 10 years and have just filed for divorce. My husband has been receiving his pension payments for the last 8 years. As part of the settlement I am going to ask for him to pay me my portion of the community property portion of his pension that he has been receiving for the last 8 years. Is there a legal basis for asking for interest on my portion that he has received in the past? If so, what interest rate would be acceptable to the court?
Community property ends when the parties separate. Unless the court finds that the pension was community property then you don't recover.
If you can show that the community owns a share of the pension from when it was acquired then you could ask for it based upon the community's interest.
The court's are reluctant to grant prejudgment interest in family law so not very good because the person was not noticed of the claim.
I just received interrogatories from the insurance co attorneys. They request 10 years medical history unrelated to injury prior to injury. should I give it to them?
Depends on what's in the records. If you're this deep into your case, you could use the wisdom of an experienced personal injury atty. Have you considered hiring one? If you want to discuss your case (no charge to talk), maybe I can give you some pointers or point you in the right direction. You can't lose anything by making the call and talking--I've been doing this for more than 33 years.
Richard Senker 610 279 1600
I specialize in worker's compensation cases and can offer you a free case analysis. Please call me at your convenience at 215 820 9149.
www.greaterphiladelphialawyer.com
Interrogation by Loss/Prevention personnel
What proof does one need to prove intimidation and coercion by loss/prevention personnel?
Re: Interrogation by Loss/Prevention personnel
Hi:
In order for me to answer this question you must provide more facts.
Good Luck
I am looking for a lawyer in Los Angeles I been falsely acuse of a child abuse. I want to prosecute the false accuser
This is not a civil rights issue unless the government violated your rights. If it was during family law proceedings then you could sue for false allegations. You should contact an attorney.
When building a website can the use of many different university name be used in the site for search use only. Not selling anything or using the university logo at all just the name for search through the site specific to that name...
Pay an IP lawyer and meet with them. A mistake in this area could cause a lawsuit that could cost you hundreds of thousands of dollars later.
The answer is in the details and your general question, without specifics, cannot be answered.
If you cannot afford a consult, do not do it.
I have shared custody of my 7 year old son, he's with me a few days a week, and lives with his mother and her husband the rest of the week. I've suspected my son is being abused in some manner by her husband, and my suspicions were confirmed when a phone call from my son went to voice mail. My son was being screamed at by this guy, and so he dialed my number for help. When it went to voice mail, there was a FIVE MINUTE rant, this guy threatening my son, making him cry uncontrollably, telling MY son not to tell me anything that is going on in that hostile environment, the filthy language, he did not know he was being recorded to my voive mail, I called the police as soon as I heard the voice mail. I don't want my son living in the same household as this person. He has also shown himself to be a liar, a thief, and his only interest in my son is how much child support the mother recieves. I don't want my son to have anything to do with this guy. Am I within my rights as a parent to pick and choose WHO I want my son to be around? Can I get a restraining order on behalf of my son? Would a judge order this guy to move out of the home he has been living in with my son? Any advice would be greatly appreciated.
If your son is in fear of this person then a R/O could be obtained on his behalf-as well you could try for full custody and would have to show that Mom is not fit to parent which could possible be shown by the men she chooses to live with. DCF is another option citing abuse of the child. 774-745-0562
If your son is in fear of imminent physical harm then a restraining order should be pursued immediately at probate and family court. If you want to address the issue of not wanting this individual present for your son's visitation, then you may also want to file a complaint for modification with the probate and family court. As mentioned above, if you feel there are significant concerns regarding his care when he's with mother, you can notify DCF and they'll investigate.
But to get an accurate assessment and detailed directions, you should invest in a consultation with a family law attorney. It would be helpful to know exactly was has happened in the past to make you concerned for his well-being while in the mother's care.
For a 19 year old male in Virginia. Only other 'offense' is a speeding ticket. High School graduate. Broken windows in a car. Accidental. Charged with Class 6 felony - vandalism. What will most likely happen? HELP!
Better hire an attorney to represent you who should be able to tell you.
Out of desperation I took out a loan on line with QuickClick loans for 3,000.00 but in order to get approved they told me I had to take out 3,250.00. I paid through ACH 194.00 per month. I called after making six payments to see how to pay off the loan since I was told I could pay it off early and was told any extra money I send in will be applied towards the interest only. I revoked my ACH with them after I saw my account on line and discovered I paid 1, 164.00 and only 96.00 was applied to the principle. I have been writing to them since October 2013 requesting a settlement and payment plan to pay this loan with consideration being made for the 1,164.00 I already paid. I also requested a physical address to mail payments and an agreement in writing. I have gotten no responses from the 6 letters I sent but yesterday I was served a summons for a civil lawsuit. I want to pay this loan but the interest alone adds up to more than I borrowed. I will file a answer but I want to know what else I can do.
This is NOT a criminal law matter, so in posting in the criminal law part of Law Guru, most debt attorneys never saw your question. You made a foolish mistake in getting such a loan, and when you lose the suit your paycheck and bank accounts will likely be garnisheed. You need to see a lawyer TODAY (not soon, but now) to see if you have any defenses. Your lawyer will either raise those, help you negotiate a settlement, or help you go bankrupt. The next time you need money, use common sense (I gather you didn't read the pretty clear disclosure on their website that the interest rate is 59%. That means on a $3000 loan you end up paying probably close to $8000. Do NOT file a pro se answer. You NEED a lawyer.
If you're being pursued in a civil case in the jury did not deliberate under the law given instructions by Judge and your attorney is going to ask for a new trial say for example Who pays for the new trial the person that's pursuing you or you beinga how the jury didn't do as instructed the first time.
Pays for the new trial meaning what? If you mean attorney's fees, you are responsible for paying for them. Costs of trial preparation are yours also. You may be able to get them back at the end of the case from the other party if you succeed.
adjustment of status
would it be a problem if u get married to a US citizen who has section H for the adjustment of my status
Re: adjustment of status
You will still be eligible for adjustment of status, however, if your spouse is unable to meet the minimum poverty guidelines as required, he or she may need to obtain a co-sponsor.
Dilnaz A. Saleem
www.KraftLaw.com
I was a temp going through temp service a hired in employee got in my face i let my team leader know what had happen and the on site Human Resoucre person and they let me go do i have a case ?Aslo there were 4 people seen every thing happen on my behalf.
If you were reamed out for being incompetent, no case. That is perfectly acceptable. If the reprimand amounted to an assault, that is a different story. You were not specific enough when you used the term that the other person 'got in your face'.
if you own a restaurant and it is closing what is the legal obligation for unused gift certificates?
The answer depends to some extent on the terms and conditions associated with the gift certificate (if any). In general, you should issue a refund to the holder of the certificate. If you cannot locate the holder, you would have to contact the Division of Consumer Affairs and possibly deposit the money with them, unless the state treasurer grants an exemption.
Feel free to contact my office if you have any further questions.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
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 tend to agree with Roman, but a review of the documents and the terms and conditions, plus the age of the Certificates might change my answer. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
As a Franchise Attorney I agree with the other attorney answers. The Division of Consumer Affairs is probably the best immediate contract point to pose the question. Many restaurants go out of business without even considering this issue, so congratulations. 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
can get my money back for a truck i bought and have not driven off the lot
No one here knows the terms of your agreement, and you decided to not tell us. You should have everything you need to get an answer (and should ave known before making the deal).
This is the second time you asked the same question and the answer has not changed.
The moment you sign the contract you own it (unless the contract has a money back guarantee, which is rare). You read the papers you signed and already know the answer. No one here has read them.
Executor elected to take no fee but appointed himself as caretaker, gardener, and landscaper and paid himself equivalent to percentage awarded to Executor. Is this legal? Also, money was available to Executor to keep car payment current which would be later signed over to surviving brother. Executor failed to pay and thus car was repossessed. Is this malfeance and/or legal?
You've got two separate issues here. It's not clear why the executor did not want the fee and went to all the trouble to make up the fee through services, if the executor did that. The fee is statutory and perfectly fine with the court. If the executor failed to makes payments on the car which was part of the estate, that issue that can be contested by the beneficiaries to seek restitution.
My VOIP provider placed a 911 hang-up without me dialing 911. They have no record of the call being placed, but the 911 call center does. The police knocked on my door at midnight which was very scary. Do I have grounds to sue my VOIP provider and if so, what are they?
Since you don't know who, if anyone, did anything wrong, you certainly have no claim. Second, getting a knock on your door from the police or anyone else at midnight is, of course, not a way to cash in and get a big check.
what does it mean when an attorney for the PR files this: NOTICE OF PRODUCTION FROM NON-PARTY? thank you.
It means they want to issue a subpoena for someone to produce documents without deposition who is not involved in the probate matter. They are giving all the parties who are involved an opportunity to object to the subpoena for records. If an objection is filed, then an actual deposition can then be set to get the records.
My Aunt Bee held joint bank accounts with her sister-in-law, Aunt June whose daugther, cousin Jane had full power of attorney for Aunt June. Aunt Bee was very ill and had the bank send documents to cousin Jane to sign so the accounts would be solely in Aunt Bee's name to go into the estate for all the family heirs. Cousin Jane would not sign nor would she get Aunt June to sign. Aunt Bee passed away and now cousin June stands to get a lot of money that was intended to be split up by Aunt Bee. Aunt Bee's will states anyone who contests the will, will be left out. Can we sue Cousin Jane?
This sounds like a homework assignment.
I am 69 years old and on social security and have an rv that I can no longer afford. What can the bank do legally do if I let them reposess the rv?
sue you for the deficiency between amount owed and what they sell it for...never "let" them reporssess if you could find someone to take over payments??? either way you are hurt
I had a landlord take me to court for an unlawful detainer filed after the day I had left there was unmistakable evidence such as a picture of the property front door open with the gas company's shutoff dated notice on the front door and the property managers vehicle in the driveway, in essence the management company was already getting ready for next tenant. The gas shut off date was at least a week before courtdate; needless to say they lost the unlawful detainer and request for additional rent money.
Question: What is the statute of limitations on abuse of process? What is the statute of limitations for abuse of process? Does this scenario sound like either, or both?
What happened to you could be "malicious prosecution," or it could indeed be "abuse of process," or it could be "unfair debt collection practices," or all of the above. The statute of limitations on malicious prosecution and abuse of process is two years, and one year for violation of the Rosenthal Fair Debt Collection Practices Act. If your rental agreement contains the words "attorney fees," then if you win your attorney fees would be reimbursed, just as they would have been if you had used an attorney to beat back the unlawful detainer lawsuit..
Malicious prosecution claims and abuse of process claims are governed by the two (2) year personal injury statute of limitations set forth in Code of Civil Procedure section 335.1. The cause of action for malicious prosecution accrues on the date that hte proceedings in the prior action were dismissed or terminated. For abuse of process it accrues when the abuse of process occurs, unless injury does not occur until later.
If you have an idea and your co patents the idea with your name on it with your bosses name on it and they start manufacturing it Question is the person due anything?
This depends on the facts and circumstances. Generally, a bald idea is not protectable anyway. Further, if you as an employee offer up an idea or create something within the scope of your employment it usually becomes your employers by operation of law.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
[email protected]/* */
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
We're have a legal guardianship of our grandchild, both parents are persuing a termination of guardianship, dads on probation after two convictions for selling drugs, hasn't really been involved in her life and has recently started seeing her but its been up and down, mom has mental health issues, this is our second guardianship, she hasn't been seeing her docotors or taking her medication regularily, we've had the child over 3 years for her 5, never less than 50%. We would like to petetion the court to require them to take drug tests, attend classes, prove that over a long (a year) period of time that they're maintaining (doctors medication). How feasible is this?
As Grandparents you have legal rights under the grandparent act. This is because you have had a parental relationship with the child. So you file in family court just like parents would for custody and placement of the minor children.
You are going to need an attorney to do this.
Can a suspect be charged with a crime before being questioned?
Absolutely yes. In fact, suspects/defendants have a right to remain silent. Even though the police do often try to get information from the suspect (usually to use against the suspect) it is not always necessary. Lots of people are charged with crimes every day without the police ever trying to get a statement from the accused.
I got a letter from the attorney general. notice of termination of child support review process. the office of the attorney general determined that no child support review order should be issued in this case and the child support review process should be terminated for the following reasons: Other legal action taken. What does this mean
It means they're going to file a suit, and you will be served with process.
I am starting a 4 session VASAP class for a first offense DWI. I expect I will have to submit to a breathalyzer but I also know there is an etg urine test that can detect alcohol for much longer. Does VASAP use etg tests?
So, why don't you ask them (as I have no idea)?
Harrassment through legal system and being taken to court for grandmothers visitation rights
I am a single mom who has raised my son on my own with very little help the help i have received has caused a painful wound in my heart .
My sons grandmother on his fathers side (we were never married) was charged with child endangerment with my son who was almost 2 and arrested Jan 2008 . June 2008 she was found guilty by the judicial system. At that time my contact with her was stopped for the safety of my son. August 18th 2008 my sons father passed away and she ( my sons fathers mother)begged me for a second chance to be involved in my sons life. With time we repaired our relationship. I moved in my sons grandmothers house in july 2010 yet paying 500.00 a month in rent this was so I could return to school. She was to watch my son for 5 hours Mon - thur while i was at school. May of 2011 I was informed by my sons teacher at school that she was late to get him on more then one occassion and he was being dropped off at a friends house he attends school with whose parents who do not speak english. the mother expressed concern to the teacher for she had no contact information and because i was not informed of where my child was. At this point i went to confront my sons grandmother and she tells me " she can do whatever she wants with her grandson!" I told her she would no longer watch my son and she told me to leave her home ( kicked us out of her house) and she was going to call DCFS to file false accusations against me. I make new living arrangements and receive a motion to go to court in the mail.May 25 I had to go to court for a motion for grandparents visitation. When making the appointment with the mediator she threatened to sue me for deformation of character when i did nothing. July 21 went to mediation she wants 1 weekend a month, 2 weeks a year, and for me to pay 54.00 every time she is caring for my son. This is outrageous there is no agreement made and she now threatens me that she is going to get full custody of my son . I receive another motion in the mail July23 to go to court in 2 weeks. I now fear for the safety of my son and worry under her care if granted visitation that I would never see my son again because of all of her threats to me. His grandmother is not responsible at all and may have underlying mental health issues due to the actions she has made while in the care of my son. there have been way too many mistakes and I just want her out of both of our lives for good because that is in the best interest of my son. Since this case I have been suffering emotional trauma and the stress has increased my migraines and decreased my trust. Anyone that can help me please this has been a very painful process and I just want this to end so i can focus on whats really important my son living a good life and being safe. I am a full time college student preparing for a career as a nurse.
You need to hire an attorney as soon as possible.
My x wife and I divorced 16 years ago. I was in my current job for 6 years while married to her. The divorce decree says she gets a pro rated share of 6 years of my pension when I retire. She has been married twice to two diffrent men since than. Does she still recieve the pro rated share?
Yes.
My contractor quit after I paid him the agreed upon first draw amount. Now he wants additional monies, including his fee. We had a signed contract. He has placed a lien on my house for what he claims I owe him. He refuses to show me any invoices to justify his claims. What can I do?
You can file a Notice of Contest of Lien which forces him to either abandon the lien for file suit. You can also bring an action action the contractor for failure to perform. In either event any dispute will come down to the contract provisions and whether work was actually performed prior to the breach.
what is the seller's obligation to the agent or buyer if the asking price is met?
There is no obligation to the buyer. An asking price is a benchmark provided as part of a solicitation of offers to buy. It is not an offer to sell at that price. As to the agent it is a little more complicated. Theoretically once a willing buyer has been obtained at or above the asking price, the listing agent has fulfilled their obligations. However, the buyer may not qualify for the loan, or may not accept the condition of the property and withdraw from the contract, etc. Therefore it is generally held that the seller can counter the offer at a price above asking, and/or keep the agent working on finding a better buyer, including one who will pay more, until the deal closes, or at least until contingencies have been removed on a sale contract. The one exception is where the seller lets a listing agreement expire or cancels a listing agreement after a buyer has been obtained who offered the asking price. At that point the court will consider whether the offer would have resulted in a closed deal had the seller accepted the offer instead of asking for more and might award the agent their commission.
It would really be helpful to know more facts, for example, a description of the deal problem that has arisen or might be arising. However, I can kinda guess and offer a few words of wisdom which may or may not answer the question. A buyer's "meeting the asking price" is only part of what's required to conclude a deal and place the buyer and seller "in contract." First, making a full-price offer is exactly that; only an offer. An acceptance is necessary from the seller before the parties are under an obligation to one another to complete the sale. The seller is not obliged to accept an offer. Further, the seller may expect more than just meeting his asking price. The seller may have other requirements such as timing of the closing, financing arrangements, etc. etc.
is there a statue of limitations for a failure to appear warrant on a charge of illegal parking in Missouri
Effectively the statute of limitations has been satisfied, because the ticket was issued. That is what must be doen within a certain period of time. But, effectively, many judges will recall old failure to appear warrants, if the person appears and deals with the underlying charge. If this is you, you shoudl either Pro Se or with counsel get the ticket and warant added to the judge's docket in the jurisdiction in which you wre cited fo rillegla parking. Ask the judge to recall teh warratn and allow you to deal with the ticket itself. I have heard of people not doing this and then getting arrested on a twenty-year-old warrant. If such person got pulled over for speeding, and they ofice rwante dto ser4ach the vehciel, but did not have probable cause, arresting the person for the outstanding warrant would give them permission to inventory the contents of the vehicle. It seems that unless the Police suspect the person of committing a harsher crime, they would not want the headache of arresting someone on such an old warrant. But, why take the chance?
Good luck
Is it legal for an employer to announce to the whole staff about an employee's personal surgery without asking for consent to share?
It's not a crime. If might be a HIPPA violation. Moreover, it MAY be a civil wrong under Georgia law, including invasion of privacy.
However, it's very difficult to continue to work someplace and sue them. Therefore, you may want to consider if its worth it. I have handled cases like this previously in Georgia.
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(770)367-1234 (telephone)
Disperate! I am innocent, and I have an eyewitness, and my public defender does nothing
except to tell me I am not able to plea, had me evaluated incompent, and to be now evaluated as insane, and has not questioned my eyewitness, and saying there is no fingerprints, no physical evidence, and is only going by the 3 witnesses statements stating I am guilty of a crime. What shall I do, get another attorney, I am unemployed for 4 months, and need real help!!! I am going insane, for lack of justice.
You have the right to hire your own attorney if you want to and are able to do so, but ultimately a person who is ruled incompetent may not enter a plea nor can they be taken to trial. A person must understand the system they are in and be able to assist in their own defense. If experts find a person incompetent to proceed then the case will not proceed. Generally, at least two experts must find the person incompetent to proceed. If the court has ruled that you are incompetent to proceed then your case cannot yet proceed to trial. If you believe that you are competent to proceed to trial then you are welcome to raise the issue with the court by hiring a private attorney or by convincing the experts who have already evaluated you.
Is there a specific form to answer Interrogatories in a divorce. I am my own lawyer in the divorce.
There is no preprinted form. Answers to interrogatories are prepared on pleading paper, which is the lined paper with the numbering on the left hand side. There are format issues for answering interrogatories, and you should at least consult with an attorney on a limited basis to assist you, hopefully for a reduced fee.
what legal obligation does a power of attorey have when a person dieds. My wife aunt died and owned approx $100,000 on her house does this have to be paid by the relatieves. The house is worth $55,000.
None. Upon death the POA is void.
Mr. Slater is correct. An attorney in fact has no obligations either way, only the right to act in the place of the other individual for the appointed purposes.
My brother is mentally ill, lives in my parents home. He has become a health concern, he does not bath, his bedroom smells like something died, he won't seek help or take his medication. My parents are elderly, he is 59 yr old. we called social services they said nothing can be done to get him removed until 62 years old. what legal sources can we use to get him committed and removed from the house. the stench is so bad. please help any legal advice to make my parents house livable.
I would contact Adult Protective Services
My grandsons were taken by cps in August. I only have a 3 bedroom home. they told me I cannot get them because they cannot share a room. How can I fight them
Create a living environment acceptable to CPS.
Hi my boyfriend got arrested and was charged with tampering with goverment documents 10 days ago he has a fine of $2.500 the department of home land security also has a hod on him what should i do? and
You need to contact an immigration lawyer to negotiate his release. Feel free to call our office 214-741-1700.
can a company fire me for asking for reasonable accommodation and not even look at the medical paperwork.
If the company fired you for requesting the accommodation and your employer was covered by the ADA then no, your employer cannot retaliate by firing you for requesting an accommodation. If that is the case, you should speak to a local employment lawyer and/or file a charge of discrimination with the TWC or EEOC.
how do i refile divorce papers after it has been denied?
It will depend on why it was denied. You will have to start all over, filing a petition according to the correct civil code article-102, 103 or a covenant marriage.
is it possible to secure a divorce in Texas without the agreement of the other person.
Yes. We do it all the time. In fact, in many divorces, the parties don't agree to ANYTHING.
False claims
Recently a woman I know socially ended and affair that she was having for 3 years to try reconcile with her husband. The ''dumped'' because my wife and I were confidants thoughout her ordeal, this man got it in his head that I was his lovers replacement. (I am not). Without any proof whatsoever he mailed a letter to my wife and this womans husband, claiming that we were having an affair and that we meet for lunch and after hour drinks and then retire to local hotel rooms. The dope wrote the letter on a pc and printed it but used his verifiable handwriting to address both envelopes. Is there actionable event here or do I just have to put up with this? The staement in the note was definitive, it said, ''your husband is having an affair'' and left the locations and hotels as generalities. He cannot have any proof since the allegation is untrue and none of the events happened in the context presented.
Re: False claims
This is actionable defamation (libel). However, you have limited damages unless someone believes this. You certainly can seek a court order forbidding future such contacts -- but that may bring more attention to the affair that -actually- occurred than it is worth.
A letter from an attorney telling him to desist is certainly a reasonable possibility.
In Massachusetts, it is a misdemeanor to harrass. You might thus bring the matter to your local district court to seek issuance of process. The clerk-magistrate who hears the matter after notice might well tell the jilted paramour to cut the crap, leaving the decision open for a few months.
With all such matters, your difficulty is in determining how much you need and want to get into this. A court action could be expensive and drawn out.
For a further consultation, please call or send me an e-mail.
Gregory P. Lee
www.gregleelaw.com
my gf is 18 and she wants to move out and in with me, she went to tell her parent and they blew up to a point where they threatened to kill me, we went to the police and they told me she has to be 18 and sixthes monthes old to move out because she is still in high school, is this true or was the cop messing with me since her dad works for the city
18 means 18. She can live wherever she wants.
My boyfriend and i lived in an apartment. We needed a bigger place to stay so my mom agreed to stay there and pay the remaining 4 months rent (nov 2010-April 2011).. A week before februarys rent was due my mom told me she was leaving and we had to find a way to pay rent. My boyfriend now has an eviction AND owe's the apartment complex 2500. We didnt have a written lease but a verbal agreement that many can vouch for. Could i take her to small claims court?
there is one twist, the apartment complex doesnt technically allow subleasing, but my mom still agreed to pay the remaining months rent.
Yes, legally you are permitted to sue your mother in small claims court if she agreed to pay the rent in exchange for living there. It is not a defense to the lawsuit by the apartment complex.
