How does filing for child custody work?
Can I file for child custody if she has first but my file date is sooner than hers?
If she already has an order of custody, you can file a petition for a change of custody. If not, you can file a petition for custody regardless whether she has filed one previously. You should be prepared to show the reasons why the court ought to award you custody.
I entered into a contract with direct tv they quoted me a price on the phone for bundle package when it came time to deliver they stated that phone and internet services were not available in my area so I cancelled the entire agreement. Now they say I owe early cancellation fee of $477.They didnt fulfill their end of the agreement so am I liable for this money?
One would have to read the entire agreement and the disclosures that were made. However, since you never accepted the partial service, and services were never received. Please contact me directly as I have a number of questions
Ok my friend dog two free dogs yesterday night and then today the owner that GAVE them the dogs wants them back and they had givin one to her brothers girlfriend is it illegal to take them back the next day????
The original owner would likely lie and say that the dogs were never given BUT, if the truth were told, a gift is a gift.
My former employer owes me sales commissions. He threatened that he would delay delivery if I didn't "get out of his site" when I simply inquired about the status of my commission payment. I have submitted my paperwork as requested by the owner(one who reviews commissions) .
I spoke to the owner directly a week after submitting commissions and was told to get out of his site.
I have reprinted needed paperwork for commissions due to the fact that the owner claims that he did not receive and manager states otherwise.
Hello,
Under Maryland law, commissions are considered wages and must be paid timely. Failure to do so, after demand has been made, may result in the employer being liable up to three times the amount owed and attorneys fees. It may also be considered retaliation to terminate an employee who makes a lawful demand for wages owed.
Jay P. Holland
Joseph, Greenwald & Laake, P. A.
240-553-1198
[email protected]/* */
Disclaimer: The information provided herein does not constitiute legal advice, and does not establish an attorney client relationship. The reponse is provided for informational purposes only.
I'm being charged with possession of controlled substance manufacturing and delivery the narcotics were found in the trunk of a rental car that wasn't in my name and I wasn't the one driving can they charge me for the narcotics found in the trunk?
Hypothetically, as I have no record to review, If you were not driving and the rental car was not in your name, they may be charging you by association or because someone may have said something to them. I also do not know how the search in the trunk occurred, as a trunk is not in plain view.
I would need to be retained, read the police report and view the patrol car video tape, before I could answer further.
Either way, you will need a good lawyer and, if you are not guilty of these charges, there will be a ton of work that will need to be done in order to try to convince the prosecutor of your innocence and get the charges dismissed or win at trial, if they won't dismiss the charges.
Our firm charges an hourly rate and we require an initial retainer to be paid when the fee agreement is signed. We also require the replenishment of that retainer each month, and as the retainer is used up, including the payment of any net bill spent above the retainer. This replenishment of retainer is required each month that we represent you.
Our firm has offices located in Dallas, Texas and Tucson, Arizona.
Please let me know if we can be of assistance. Thank you.
when are "adopted" children allowed heirs to an estate. Is legal adoption required?
Your question makes no sense. Adoption is a legal process. A person can include anyone they want in their will.
Your question makes no sense. Adoption is a court process which is not legal or complete until a judge grants it. An adopted child is treated the same as any other child in an estate. Having said that, parents can, in some cases, by will, disinherit children, and they can also leave things to children or adults they are not legally related to.
I was wondering if i could sue someone who lives in another state for an airline ticket i purchased for them with a promise to pay me back when she arrived. she got arrested before the flight and refused to take the trip because she had comunity service. I Sent her a letter. similar to a pre collection notice telling her what she owed and if she didnt pay by dec 31 then i would file in small claims court. she called me and told me that even if i sued her she would not appear nor acknowledge the suit. since i would get a default judgement in my favor. she said she wouldnt pay me a dime. can she really refuse to pay if the judge says she has to. and does it matter if she is low income.
Can you sue her? Sure. If you get a judgment, the judge does not order her to pay. You have to collect on the judgment. Her low income is an issue because it means she may not have any assets that you can take to satisfy the judgment. She may not have a job, which means you could not garnish her wages.
Barry is right on target. It may cost you more money in the long run. As you know, never loan money to friends and family.
Last week I was sentenced by Kerr county, Texas to 3 years deferred adjudication probation for a felony posession charge of less than 1 gram of morphine. I had one 15 mg tablet. I did some research and think that my charge was a class a or b misdemeanor. They charged me with a 3rd degree felony. Did I get a bad rap? I feel like the crime doesn't fit the punishment. I had a court appointed attorney. Is one 15mg morphine fall into a different category than cocaine? In this case it doesn't seem that way.
Drug Crimes and the penalties for them are classified in penalty groups. Cocaine and morphine are not in the same penalty group.
The penalty groups are listed below:
Oxycodone and Hydrocodone (over 300 mg).
Penalty Group 1a: LSD (Lysergic Acid Diethylamide).
Penalty Group 2: Ecstasy, PCP (Phencyclidine), Mescaline, Marinol,
Penalty Group 3: Valium, Xanex, Ritalin, and Hydrocodone (less than 300 mg.)
Penalty Group 4: Dionine (morphine), Motofen, Buprenorphine (an opioid), and Pyrovalerone.
The penalties for each penalty group are listed below:
Penalty Group 1A:
Less than 20 units: State jail felony
Between 20 and 80 units: 3rd Degree Felony
Between 80 and 4,000 units: 2nd Degree Felony
4,000 to 8,000 units: 1st Degree Felony
Over 8,000 Units: Enhanced 1st Degree Felony
Penalty Group 3 &4
Less than 28 grams: Class A Misdemeanor.
28 to 200 grams: 3rd Degree Felony
200 grams to 400: 2nd Degree Felony
400 grams or more: 1st Degree Felony.
If you think that there is something wrong with the way you were charged and you want to challenge it, you should do so as soon as possible because the window of time to complain is very small. You generally only have 30 days to file the appropriate papers to contest the sentence.
You should not only consult an attorney immediately, you should hire one immediately. Hope this helps.
I am selling the business in NJ and the buyer does not have an attorney. The buyer wants his NY attorney to be an escrow holder. Is it permissible in NJ? Thank you
Generally, from a seller's point of view, it's a very BAD idea to let the buyer's attorney act as escrow. As far as the state issue, it is common for attorneys from different jurisdictions to act as escrows.
I do have to note that your question was unclear as to who does not have an attorney. Without sounding contrived, if you do not have an attorney and the buyer does have an attorney then you are putting yourself in a very compromising position! You really should consider hiring a business attorney, especially since you are selling your livelihood and considering to put some of the payment in escrow and risk loosing control over it.
If you have not retained an attorney I'm sure that you were concerned about costs, so I invite you to call me and chat a bit at no cost to you. I will be able to get a sense of what would be the cost involved and you can determine for yourself. If you do have an attorney and need a second opinion again I'd be happy to chat as well.
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. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. 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.
You need a lawyer. The buyer's attorney will do whatever he can for the buyer, that is his job. You need someone to protect you.
Give me a call, come in and see me. No charge for the consultation. We can take it from there.
Robert Davies, Esq.
201 820 3460
I'm filing for divorce but I was married out of the country and never registered my marriage in the states, am I married here in Florida? Do I even have to file for divorce?
1. yes
2. yes
when my son was born the courts said that i would get to claim him on my taxes every other year. last year his mother had my parental rights terminated but is still collecting child support. it is my turn to claim him for taxes so my question is can i still claim him if im still paying child support even though my parental rights were terminated?
YES. The termination should not in any way effect the underlying child support orders, which means the previous allocation of tax exemptions should remain.
We can certainly help you consider and then pursue your options if she is resisting this Order.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
I am the father of a child who is living Wstseka Il, the mother served me with an adoption summons and a request to have his name changed. I don't want to give up custody or allow this to happen. What can and should I do? Please Help!
You will either need to show in person or retain an attorney. If you don't show, it becomes an uncontested cause - and you don't get to appeal that. Contact a family law attorney if you're serious about contesting this.
The court-appointed arbitrator in my case issued a restraining order against me on his own behalf in March, without an affadavit and without allowing a hearing. Superior Court refused his request to adopt his decision as a court order, in May. Arbitrator filled out CH-100 request for Civil Harassment Restraining Order, submitted it to judge directly, then dropped it. Arbitrator is now threatening me with jail if I violate the gag order stipulation in his restraining order. I'm very concerned about the arbitrator's erratic behavior, and would like to have a stay of judgment placed upon him while I file a statement of disqualification motion. Can I file a stay of judgment request ex parte?
Your post does not make sense. How can the arbitrator enforce an order that was dropped by the courts? If the court refuses to adopt his decision, there is no order.
my mexican boyfriend is 17 and is trying to find a way to live up in the states. he is illegal, but has no where to stay in mexico. his mother passed away a few weeks back and now hes trying to live up here and finish school. we are going to get married but im not old enough yet. is there any way he can come up here?
Unless he has an immediate relative that can sponsor him for a greencard, he may want to try a visitor's visa. However, he can only stay up to 6 months with that.
Okay I was put on probation in my hometown after that I transfered to syracuse due to household situations I was wondering if I did a background check will my conviction show up in my home town or where I live now?
A criminal conviction will go on your record in Albany and is discoverable in the entire state. It is also able to be seen through an FBI check nationwide. Once you have a criminal record, it is for life in New York State.
In addition to the comment above, you are considered to be convicted in the court where you were sentenced.
My attorney resigned from my case, of wrongful termination and wage dispute, and placed a lien on my case. If I get any kind of settlement offer, does the attorney's name, the attorney who placed the lien on my case, need to be on the settlement check?
To protect itself, unless there is a letter stating that the attorney waives his fees, the defendant will refuse to settle unless his name is on the check, and they would be right to take that position.
What is the name of your state (only U.S. law)? FL
My x-wife and I have come to terms and agree on a change that we would like to make to my visitation of our daughter. I cannot afford a lawyer and she says that I should be able to get us back into mediation without a lawyer so we can change the visitation. How do I go about doing this on my own. I live in FL. I have a copy of a "Motion for Mediation" (Form 410) can I just go to the clerk and file this form?
Your agreement should be reduced to writing then it can be mailed to the court for approval. Contact my office for free consultation. 727-446-7659.
If you have come to an Agreement there is no need for Mediation. Reduce it to writing then meet with an attorney who can review the Agreement. If the Agreement is clear and enforceable both you and your ex should sign evidencing voluntary acceptance of the terms. The Attorney can then assist you with obtaining an Order from the court Ratifying and Approving the Agreement.
Natalie Hall, Esq.
(407) 412-7035
[email protected]/* */
Can felonies that are almost 35 years old be expunged ?
Yes. The conviction must be at least 5 yrs old (which this is, obviously). But -- and this is a BIG "but" -- the felony must be the one and only felony conviction in the person's life. You asked about "felonies" (plural). If there were multiple counts or multiple cases with convictions then none of the counts can be set aside. If there are additional misdemeanor convictions in addition to ONE felony count conviction, it gets a little trickier: there can be up to two additional misdemeanor convictions that qualify as "minor offenses" ... meaning they happened when the defendant was 17, 18, 19 or 20 years old AND carried no more than 90-days possible jail AND carried no more than $1,000 possible fines. So if there's one or two of them + the one felony as the only criminal convictions anywhere, then the one felony can possibly be set aside.
I am trying to help a friend get his CA. Drivers License reinstated. He was convicted of a DUI in 1992 and they revoked/suspended his D.L.. He was ordered to pay restitution, serve jail time and complete an 8 week DUI program. Then in 2004 and (again) in 2007, he was cited for driving on a suspended, making already bad situation even worse, especially now with SB 38 in place. How would he go about getting his license reinstated? Any help would be so greatly appreciated. Thank you for your time.
Pay the restitution and do the program?
He should contact the DMV and find out what he needs to take care of in order to get his license reinstated. There are several things that could be barring his eligibility (e.g., failure to complete the drinking driver school, failure to appear, failure to pay a fine, failure to post an SR-22 certificate of insurance). The fact that he has you doing the footwork for him may be part of the problem.
how can my son who is now 21 have his birth certificate amended to show that i am his father. He is also wanting to file to change his name as his mother gave him her maiden name we can't find out if this is two different petitions or what we need to do. thanks
He should do the brith certificate after the name change as other wise he will have to do that twice. The name change is by petition in your local court. The Birth Certificate can be amended by contacting the Indiana Department of Viatal Statistics and following their procedures.
Re-ask the question:
I'm gay and new resident in the USA since 2 months. I have boyfriend in Turkey.His nationality is Turkish. He's going to come to the USA and want to be legal resident here. My question is: Can he take the resident permit after we get married here in the STATES ? by the way,I asked this question before 1 day and you have replied to me asking me about my visa, my current visa is (I-94) I came as a refugee. I will take the green card after 10 months. so, if it's possible for him to be a resident legally after getting married, is it work before I take the green card ? or I should take the green card first , marry and submit for the resident permit for him ..? I'm Iraqi and live in Seattle WA.
I really will be thankful and grateful for you if you answer me with some details.
If you marry in a State that recognizes gay marriage, and you are married before you file for adjustment of status (form I-485), then your spouse should be able to apply with you, as your derivative beneficiary.
Keep in mind that your prospective spouse must have a legal entry AND remain in legal, non-immigrant visa status up until the time you (& he) are eligible to file for adjustment. So, if he enters as a visitor & his B-2 visa expires a few months before you are eligible to file for adjustment, then he will be ineligible to file with you.
Now, if you wait until you are a Legal Permanent Resident to file an I-130 petition on his behalf, you have to take into consideration the processing time on the I-130 & the backlog until he would be eligible to file for adjustment. During that time, he would either need to remain abroad or maintain a legal, non-immigrant visa status.
The only way your spouse would be able to overstay a visa & still adjust status is if you were a U.S. citizen.
I hope this information is helpful & I wish you two the best of luck! Feel free to contact me if you have any questions or need further assistance.
Thank you.
I live in texas and my really good friend has custody of his kids-full custody-his ex had the kids for the weekend and she is refusing to bring his daughter back. can he call the police and will they have the right to take his daughter and lock her up
He can call the police and ask them for help. They have a legal right to help him, but some police departments simply won't get involved, and there's nothing you can do about that.
His civil remedy is an application for writ of habeas corpus.
I was recently injured at work. I injured my back due to lifting boxes all day in a warehouse. I work for a temp agency and not for the company I was injured. I informed the supervisor for the temp agency of my injury and filled out an accident report. Then proceeded to go to the emergency room on my own.
I asked an employee with the company, not the temp agency, about getting me a weight lifting belt a month prior to this injury as I am constantly lifting boxes all day, 6 days a week. I feel as though this injury could have been avoided had I been given the proper PPE.
Now I am laid up and on pain pills due to this injury. I was wondering if I may have a legal case? If so who would it be against the temp agency, the company or both?
You certainly could have a case against both but typically the temp agency has the work comp insurance and therefore the case would be filed with them. I would be happy to help you out if you'd like to give me a call. Good luck
im being sue buy my wife's goddaughter which lived with us for about 10 years she gave me a car about 3 years ago and now i received a letter from court saying that im being sued for un-returned property but that was a gift so i will like to know what can i do and what type of lawyer i need?
You should contact an attorney as soon as possible since you only have a limited time period to answer the complaint.
Feel free to contact my office at your earliest convenience.
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.
You would need a general contracts lawyer. Mr. Fichman is also correct, you must file an answer to the complaint within a short amount of time. Therefore, you must retain a lawyer as soon as possible.
Mike
I live in GA. I have been renting a house but just got a notice that the owner has not paid the mortgage. They are now foreclosing on the home. Is there anything I can do?
Unfortunately, at some point you will likely have to move.
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).
An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice.
Smart move: talk to the buyer at the foreclosure. They may want to keep you longer than the 90 days or end of the lease. But that's up to them.
A married, but separated couple with a joint bank account containing both parties names of course. The husband allows his new girlfriend to sign the wifes name on a check and cash it, without the wifes permission. Illegal ? Against the law? Is this fraud?
Forgery is a crime. She should contact the police, the bank, and obtain copies of the forged checks.
I was involved in bettwwn a scam with my bank acct sending money.to a person online in nigeria who saud he was a landlord getting money from a tenant I sent it western union now one of the so called tenants is calling my home demanding his money back and I sent it already and have proof he said if I dont send it back he will call the authorities what is my rights
You made a huge mistake getting involved.
Come see me, bring every e-mail and letter, and all paperwork from the bank showing the money coming in to you and the money you sent out.
I will tell you what your legal rights and obligations are, and what you should do to deal with this.
Robert Davies, Attorney
201 820 3460
Call me if you like. You sound like a victim who may look like a crook to other parties.
My landlord gave me an eviction notice for 5 days. It says I owe $369.00, but I have paid in full for eleven months as well as a full security deposit. Can I get evicted after five days? Do I have the chance to contest in court?
If what you are saying is that you skipped the last month thinking you would apply the security deposit to rent, the 5-day may be valid, but it is highly unlikely that you will be evicted before your lease is up based on the timing - after the 5 days' is up if you haven't moved by then the landlord would have to file an eviction lawsuit and it could easily take 3 weeks to get to court for starters. However if you hoped to remain a tenant for another year you may have just destroyed that possibility.
Im an indian national married to an american citizen in Kuwait civil court. We have 2 kids aged 2 and 5 months who are both American citizens as well. I have not applied for American citizenship. If I file for divorce here in Kuwait what are my rights with alimony and child support in the USA
If you file for, and obtain, a lawful divorce in Kuwait, I have no reason to believe that your divorce would not be recognized in the United States. However, it doesn't sound as though any of the parties currently reside in the United States. Assuming that none of the parties, nor the children, reside here in the United States, there would be no occasion for a court here to weigh in on those issues.
I was named as a defendant in a civil action as was my estate as separate parties. I was removed from the case by the court but not my estate. can the plaintiff serve my estate if I am still alive?
No, an estate does not come into being until a person dies, so a lawsuit cannot sue someone's estate while they are living. In contrast a Trust may be involved in litigation while the Settlor is living.
While I hope the above general information helps, it should not replace having an attorney review the specifics of your particular situation.
A judgment can be collected through an estate. However, an estate does not exist until it opens (which as mentioned, occurs after death.) Is this plaintiff represented by an attorney?
I live in a quad townhome & although there are no By-Laws, Rules & Regs, Amendments or Declaration that reflect ownership/responsibility of a small utility easement between driveways which incudes sewer cleanout for each individual unit of the quad, my neighbor insists I need his permission to remove bug infested and diseased vegetation. HELP???
Common property cannot be the subject of unilateral action. You could always take him to court if the situation is serious enough.
I see this in a promissory note, but I won't dign it until someone tells me exactly what it means:
"The rights of any holder hereof shall be cumulative and not necessarily successive"
THANK YOU
According to a treatise on contract language co-published by the State Bar and the University of California,
"A clause specifying that the parties' rights and remedies are cumulative, not exclusive, is commonly found in business agreements. From a practical standpoint, the selection of a particular remedy or remedies at the time of breach will depend on the then-existing circumstances, which can be difficult to predict when the agreement is executed. Accordingly, it is usually better for both parties to ensure that available remedies are as broad as possible." (Quoted from "Drafting Business Contracts" published by Continuing Education of the Bar, at section 15.27, page 338).
On page 553 of the same treatise, in the chapter entitled Promissory Notes, the model language for a promissory note section to be entitled "Events of Default; Holder's Waivers; Remedies Cumulative" the sample language includes the following: "All rights of Holder stated in this Note are cumulative and in addition to all other rights provided by law, in equity, or in any agreement executed in connection with this Note."
So, cumulative rights are pretty standard. Please be assured, however, that no court would allow the Noteholder to "double recover" if you defaulted, despite cumulative rights or remedies. If you want the benefits of the proposed Note, you may have to accept the cumulative rights clause.
can I notice/Praecipe in Loundoun County Va. by email only?
No, I don't believe that you can but must send such notice by regular
first class (snail) mail or file it in person at the clerk's office.
Owing current and back taxes
I owe back taxes and not sure how to handle money that I am due to receive from a lawsuit. To figure all this out do I need a ''tax attorney'' or just a ''tax professional?'' I won't be able to finish my taxes by tonight...what should I do from here to get them done?
Re: Owing current and back taxes
I help my clients who have not filed for years. If you deposit the settlement in your bank account you may find the funds seized by the IRS. Contact me directly.
Re: Owing current and back taxes
Above all lse you need to file. If you can figure out how much you for 2006 taxes, you can file for an extension using IRS Form 4868.
Second, if you hire help and approach the IRS before they find you in connection with any late returns or late payments it is easier to resolve.
Third, in connection with the lawsuit, you might be surprised to find out that many lawsuit recoveries are not taxed. But you need real help.
can you sue a roomate for unpaid rent within a join lease?
Yes if the agreement was to share payment.
I'm a 100 percent disabled Army vet who lives on the West Coast of Florida. I am in my late 50's. I was in Orlando, Fl over the weekend and felt sick, so I made reservations with a Comfort Inn, a franchise of Choice Hotels. My wife went to the front desk, mentioned that we had reservations and said several times that we were using reward points to pay for the room. The clerk looked at her identification and a credit card and gave her a room key. There did not seem to be a problem. We asked for a 7 a.m. wake-up call and retired. Just after 1 a.m. the phone rang several times. We didn't answer, we just assumed that the clerk had set the wake-up ring for the wrong time or that kids were playing pranks as they do in family style hotels quite often. Then, at just after 2 a.m. there was a knock on the door. Again, people often mistake the wrong room for theirs, particularly just after the bars close at 2 a.m.. The knocking got louder until it sounded as if a fully grown elephant was bashing on the door. They did not identify themselves.
My son opened the door to 2 Orange county Sheriff's deputies. One was going to invade the room, while the other just asked for i.d. There was a big hassle, but for brevity, it turned out that someone with our same first and last names had made reservations paying by credit card, for that night and we had been given their room. The desk clerk had panicked and called her manager who told her to call the cops. I got about 2 hours sleep after the cops left and the next morning at 7 a.m. the desk clerk was calling us wanting to know how we were paying for the room. They then charged us full price, over $120.00 for the room and we left.
What is the best course of action. Would a lawsuit be useless? I hired lawyers over a decade ago to assist with a family dispute and that $350 per hour plus expenses added up fast. I want redress, but am not sure what is the best course of action. Lawsuit? BBB?
The next morning, the desk clerk, after telling us a dozen times earlier that she, at her manager's orders, had called the sheriff's office, claimed that no, it had been the other customer who had called them.
Hello,
It doesn't sound as if you have any grounds for a lawsuit. You had a bad night's stay in the hotel. If you write a letter to the company that owns the hotel, or to Choice Hotels, possibly they might refund the charges for the room, or give you some sort of credit for a future stay.
The invasion of your privacy may justify a claim, but the value of the claim likely does not justify the pursuit of a lawsuit. the costs associated with it and the damages you sustained mitigate against it. That said, you can certainly hire an attorney to send a demand letter to the hotel seeking damages for their poor handling of the situation. Permanent damages are usually the measure of the value of a lawsuit for your information.
I was bitten by bed bugs at the marriott and they offer me a compensation of 3000 dolars, is that good enough?
Do you have permanent damage?
A mother is failing to reveal the location of where the child resides but is asking for money from the father be put into her bank. She is also making comments like he has another father you will never see him again. The child lived with the father/mother (non-married teens) for the first 18 months of his life. Will this help the father obtain custody since she is using the child only as a pawn for money. (She may have left the state with the child)
Do not give the mother money. The father will not get credit for it.
You need to hire an attorney. Look on this website & on www.avvo.com and find an attorney in your county.
Your case is complex and it's impossible to answer all of your questions without meeting with you in person.
Unfortunately, what you describe happens all the time.
Hire a tough, smart attorney to help you.
Document everything that does go. Paperwork is a man's best friend. Keep receipts for every penny you ever sent her or spend on the kid. For example, if you ever bought diapers. Keep proof that you lived together. Have witnesses willing to come to court to testify. I suspect that woman will lie like a dog!
Good luck,
I received a "Notice of Trial" letter listing me as a defendant from Fulton County (Georgia) Magistrate Court but I have not been served summons or complaint. What should I do?
Obviously you have been sued and perhaps have missed critical deadlines, so get off the internet and either go to the clerk's office yourself and check the file, or get a lawyer ASAP to do it.
You should have an attorney appear at the trial and put forth the defense that you were not served. If you show up personally, they will probably serve you there.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Get a lawyer ASAP to raise any defenses you may have, including lack of service.
Is there a law against photographing minors in their undergarments? I know of a NY photographer that photographs minors in their underwear. I think it is wrong. I am not sure if the parent consented or not. I do know he does partial nude photos as well, but I am not sure if any are minors. Are they allowed to do so with parental consent? Gosh, I hope not!
Yes, there is both a state and federal law against this. Report it to the police.
A large company has a internal job listing that employees and managers can look throug. They ask before you apply to inform your direct suppervisor. If you apply for a position to see what the possiblity is can they post your job and they if they found a good canidate terminate you even if you have not given notice.
Certainly, unless you're currently protected from such termination under a valid
contract of employment.
Under cal. new realignment law.. would i qualify for that or not?
im on probation from a 211 that happened in 09. i got in trouble again later in 09 the da didnt press charges till a year later. (10)
so i stoped reporting to probation it was a shoplifting charge & lying to cops about who i was. nothing violent or "too serious". so now i have warents. i have finally decided to get my life together i have not been in any trouble since then. i know they changed the law last year in dec. about sending people to county instead of prison for less serious crimes would i qualify for that or not being the charges are from 09, 10?
It would probably apply to you. It does not apply to people currently serving prison terms.
I have been divorced for 2 years and my name is still on credit cards that my ex has. I have been receiving collection calls from the card company's. What can I do to get my name off of the cards so my credit is not ruined?
Of course, if your name remains on your ex spouse's credit cards without your consent or control; you have the right to demand them back. One also always has the right to cancel and close a credit account at any time, or, if appropriate, report it lost or stolen. Each of these steps would result in account closure, which is probably the result you want. Of course, the balance owed will remain and may be collected against you if not timely paid by somebody else. Usually, a divorce judgment will divide marital debt and determine who is supposed to pay it. If this is your ex and he or she does not pay, you can bring contempt of court proceedings in family court which can potentially result jail as a sanction for flagrant noncompliance. However, depending upon how much is owed (and on how many different accounts), the cheapest way to protect yourself may be bankruptcy. Unlike family court, bankruptcy only requires a single court appearance which will discharge all credit card debt, regardless of how many different accounts or who is responsible. Family court, on the other hand, can require many expensive court appearances with uncertain results. Judges in contempt proceedings cannot deliver sanctions such a jail unless the responsible party is reasonably able to comply, meaning that the ex may have a defense if unemployed or otherwise impoverished. All of this is untrue in bankruptcy; the discharge is granted regardless of circumstances, so long as you were not involved in any sort of fraudulent conduct with regards to creating the card balance such as lying about your income to obtain the account or running up a balance with no reasonable prospect of being able to repay it). My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are always welcome to contact my office in Racine to discuss any additional questions.
If someone gives you their debit card and pin number and tells you to go get cash from the ATM..but then tells the bank that you stole the card...do they have a case?
Well, it is your word against his/her word. Who is most likely to be believed?
Notary
Is it against the law to forge a Notary Seal on a legal document, and if so, what are the penalties?
Re: Notary
Yes you know the answer when you include "forge" in your questions. Aside from bypassing heaven and purgatory and going straight to the last alternative, you can and probably will be sued in civil court for all damages resulting from your fraudulent act plus you can be prosecuted for criminal fraud, forgery, and probably some other ID statutes. Don't do it.
Unauthorized automatic EFT from my account: An insurance company continued withdrawing money from my account during 8 months after I revoked the authorization in written and cancelled the policy verbally. What can I do?
If you didn't take the time to cancel the policy in writing, you may
be out of luck in terms of getting a refund for this allegedly unauthorized
withdrawal by this insurance company (my opinion).
my grandfather died and left his house to me and my uncle in his will. i live in the house. can my uncle, who is executor of the will, sell the house without my agreeing to it? I was not even told when the will was probated. and i feel like m uncle is selling too cheap. i live in texas.
Some relatives, such as a surviving spouse or a child of the decedent, may have a probate homestead interest in the residence that would prevent the house from being sold. If you dont have a probate homestead, you are a tenant. The executor can sell the assets of the estate to pay debts of the decedent. If your grandfather had no debts when he died, there would be no reason to sell the house. You need to see a probate attorney to review the facts and law with you.
You're going to need to hire an attorney, as self-help rarely works in cases like this. Depending on when your grandfather died, and assuming that he died in Texas, your uncle may have had an obligation to provide you with notice of the Will's admission to probate. The fact that you haven't received this notice, with more facts, could support a request that the Court remove him as the Executor.
As has been stated, the Executor is authorized to manage the estate and typically sell most assets in order to pay proper debts. In most cases, your consent is irrelevant. If you think that he's acting unreasonably with regard to the sale price, that too might support a request that the Court remove him from his position.
hello, I was struck by a vehicle while riding on the side of the road, there is no official bike lane marked but it is a road very well traveled by other bicycle riders. I noticed the vehicle was coming close to me and when I turned my head to look I lost control and I don't remember much more, just bits and pieces. I ended up in the hospital for a day and a half, broken bones and scraped up pretty bad.
My question is......what if any kind of claim can I make with the information I have given?
Outch! in Suisun
You need to have a lawyer investigate this matter and represent you. Call my office and we'll handle it for you. 323-782-0099.
My estranged husband over the years has opened my mail, and put the checks into his account without my permission. He left my name on an account that I have not used since 1988 for this purpose. He took over 10,000 dollars from my parents and cashed my VA disability checks from the US government. Was what he did, opening my mail and taking thse checks legal because I was his wife?
I was OTR or living in GA and livied in Florida at the time. I now live in GA and Have lived away from him since 2005.
Tat would be stealing and he owes you all of that money. Contact my office for free consultation 727-446-7659
I live on my moms propery in nc, she lives in wv and is married. she has willed the property to me at her death, does it fall to me or her husband? and if it falls to him, can he do anything with it without my permission?
I do not know how the property is titled. I also don't know what West Virginia law provides.
Assuming that the NC property is titled just in your mother's name and that there is enough property in West Virginia to satisfy any claims for a spousal share and any other creditors, then the property would pass to you. If there is not enough property to satisfy any claims, heirs do not get to keep stuff and not pay the creditors. In that event, the personal representative of your mother's estate would be able to petition the court to sell any of her property and use the funds to pay off any creditors. Then, if there is anything left, it would pass to you.
If the NC property is owned by your mother and her husband as husband and wife, then the land will automatically pass to the husband upon your mother's death if she died first and what her will says about the property does not matter. Wills only serve to direct the disposition of probate property. If land is owned as a tenancy by the entirety then the land is a non-probate asset.
In a really rare case where your mother owns the land jointly with someone other than her husband as a tenant in common, then her share of the property would pass as pere her will and you would receive 1/2 of the property. Again, it depends on what else your mother owns and what other claims there are to know if you will get the property.
You might want to check with a West Virginia probate attorney. The laws govrening the disposition of your mother's property will be governed by West Virginia law. not NC law.
Can HOA in Florida tow 24hra day7days a week 365 days a year tree company removing large tree when a storm with 50 to 60 mph winds and rain approached appx 4:30 pm my customer asked to come the next day around 7am I said as long as it's not raining we secured all equipment to return the next day . The next day airport towing came at 2:00am and towed to their lot and wanted $400.00 I paid drove back to job to try to complete job . The brakes were not working proper. The truck was all over the road and very hard to steer , the tool boxes were bent out and the transmission was making a lot of noise I never herd before . There were no notices of towing and was on the homeowners property,
FL HOA law governs the enforcement of contracts between HOA and owner. Your inquiry indicates you were on the homeowner's property which subjects you to the HOA agreement. Of course, it is necessary to read the HOA agreement to fully understand rights and responsibilities. You may have a claim based on damage to your truck; however, based on the facts, your HOA customer may not have realized the HOA rules governing the property.
I'm divorced. Signed over the house and all rights to it to X-wife She had 60 days to refinance and get my name off the mortage. Its been well over 90 days. Is there anything I can do. Shes in contempt of court. Where do I go for help.
You should really go to the attorney who handled your divorce with this issue. Or you should go to one now. A contempt citation or show cause hearing is appropriate at this point. However, if your ex isn't able to qualify for the loan, then there ins't anything that she can do. In the meantime, if payments aren't being made, you are liable for the loan just as much as she is and you should make arrangements to bring the account up to date.
my parents live in a mobile home park, every tuesday my daughters and my dog go visit them for the day. Last week, Wed morning my husband received an email supposedly from the park management, saying that they had surveillance tape of our dog running off leash and that this has been an ongoing problem for the past several months. I called my mom and asked her about it, she said the dog is not out and that she would talk to the manager. When she went to the office, they said that they hadn't sent the email, but likely it had come from my mother's neighbor, who has cameras and has already sent threatening letters to my parents in other regards. So my question is this, Is it legal for her to send an email to my husband at work, pretending to be from the property management team?
No
Our house is listed with a real estate agent but we have also listed it on Craigs List. If we sell it ourself do we still have to pay the agen commission?
Yes, it depends on the wording of the contract, but normally a real estate sales contract will provide that if you sell the property yourself the agent will still be entitled to a commission..
I dont want my child on medicine for ADD. My ex husband took our child to our doctor to be evaluated and she said our son has ADD and prescribed him Daytrana. I agreed to try it but our son hates it hates how he feels and at 11 I think our son has a right to decide if he should be on it or not. I dont think he needs it and the unknown long term side affects are not worth the risk. My ex now wants me to pay for half of this too because our court order says we pay half of medical expenses. Can I fight to not have our child on this medicine can my child fight to not be on it. My ex I think wants our child on it because our child is less active and sits like a lump or sleeps more its a great baby sitter for my ex husband. I love the fact our child is active and he is not bouncing off the walls he is great kid well behaved with me the mom..my ex is also using my being against this ADD medicine as a reason to have sole custody or primary whatever he can get to use this as a tool for him to have leverage. He is very litigious always brining me to court this is his latest game. I have for now told the courts I am not against this medicine becasue I saw the writing on the wall if I said I was against it....I am appeasing the courts to keep my child but I was pro per at the time. Bottom line this doesnt sit well with me and I feel like I am selling out on my child
Please investigate legitimate alternatives you could use to persuade the court to order as treatment for your son. If one is found, file your motion with that information requesting a change in the treatment plan.
I am a 50 year old filling for SSI; I also take care of my son who has a mental disability. My Landlord served me a acknowledgement of 30 notice to move. I never submitted a notice either verbaly, or written. Can he make us leave? We have always paid on time for over 2 and 1/2 years; we don't have a lease- it is a month to month.
If you have been there a year or more he must give you sixty days notice, not thirty, but if he gives you the proper amount of notice, yes, he can make you leave.
My boyfriend might be having a child, whether it's his or not, we are not sure, if it is his we want me to adopt the child as we are going to get married anyways but the mother is against me adopting the child what can we do?
The mother would need to consent to the adoption or her rights would have to be terminated for you to adopt. Grounds for termination include but are to limited to: abandonment for more than 6 months, neglect or abuse etc. Your boyfriend should take the necessary steps to protect his rights immediately. You may have him contact attorney Carlie Owsley Walker at The Owsley Law Firm for a free 30 minute consultation at 623-748-8973.
i am in the process of a custody hearing, i want shared custody of my 3 yr old daughter lily,up until the time that my girlfriend parted there was not a problem, but since nov. i have been aloud only surpervised visits at her parents house where she lives ,2 days a week for 2 hrs each time because she says that if i take her i won;t bring her back, thats not true, we have seen a family law rep, who she refuses to listen to , i have a very large close family who love lily my parents are not allowed to see lily because her mother does not feel comfortable ,i mean lily grandparents her mothers family, so they have not sen lily since befors thanksgiving, we live within 5 miles of each other, my lawyer after the last family law meeting, has asked for and received a emergency hearing set for may 3, my lawyer said my ex has no right to do this, what is your opinion
At the least you should be entitled to more extensive and unsupervised visitation, assuming there is no claim or evidence of mistreatment of your daughter.
I submitted a VCR tape that contained 3 years of family occasions,,(Christmas, Baptisms, Birthdays etc) to a Video transfer company to have the tape transferred to a Compact Disc..In the process the tape was destroyed. the company has offered to compensate us $1,000.00 but I feel this is far less than the value of the memories..Do we have a case to sue them for damages?
Check what your purchase agreement was when you submitted the tape. They probably had something on the invoice, or had you check something on the website. It probably disclaims or limits liability. That doesn't mean you don't have a case, but it can make it more difficult. You'd have to prove they were negligent and their negligence caused the damage to the tape. Depending on the nature of the damage that might be easy or difficult, with a tape like anything else.
You'd also have to put a dollar value on memories to recover damages for them. Courts are reluctant to put a dollar amount on sentimental value. They'd be more likely to limit your damages to the market value of the tape. Frankly, you're lucky the company made such a generous offer, even though it's a depressing situation.
my daughter moved to another city and left her son with his father. they had joint custody, now he will not allow my grandson to see her , and just recently has kept him from me for allowing her to talk to him when he visits me. my daughter wants nothing to do with my grandsons father... because he is verbally abusive, and loses his temper. what can i do?
It sounds like your daughter needs to hire an attorney. Depending on the circumstances she may be considered the move-away parent but that does not mean she has lost her parental rights or any of her visitation rights.
If the custody agreement has not been changed and the father is keeping the child away from his mother, the father may face some nasty consequences for his actions. It is impossible to give you an accurate answer to your question without knowing more facts and asking many more questions. When one parent moves out of the area they are generally required to provide for the transportation for the visits. This can be accomplished in a number of ways such as performing the actual driving when the distance allows for such or by paying for the transportation between the two households. However, simply moving out of the area doesn't cause a parent to lose their parental rights or their visitation rights. The details of the move such as the distance may make it necessary to modify the custody and visitation schedule but moving by itself does not constitute abandoning a child.
In regards to your situation with the child, unless you have visitation rights that are recognized by the court there is probably very little you can do about the father not giving you access to the child. However, you could always go into court and request visitation with your grandchild.
I strongly suggest you and your daughter contact an attorney, immediately. Your daughter may want to start exercising her visitation rights under the current custody agreement. Perhaps the way for you to do something is to assist your daughter in her endeavors to exercise her visitation and/or custody rights. If you have questions regarding these issues please feel free to contact our office through our web site at www.brianmcginitylaw.com .
Good luck
If your daughter is not married to the biological father, she should file a petition for paternity and an ex parte motion for custody and visitation. If married, a divorce petition with this motion would be the first step.
Its almost 5 years now since the
injury. i refuse to have the surgery to repair my right side
rotator cuff. is it too late to file a claim?
A Claim for Workers Compensation benefits must be filed WITHIN ONE YEAR of sustaining a work injury.
If there is a diagnosis of a rotator cuff tear and a recommendation of surgical repair...it sounds as though this 'claim' was filed long ago.
If you can prove -- not just assert, but prove with photo or video or written evidence -- you gave notice to the employer of the on-the-job shoulder injury being disabling and needed treatment, then the Statute of Limitations would be said to be stopped.
But if all you did was say 'my shoulder hurts' and you never reduced to writing to the employer that you sustained an on-the-job injury, the judge can deny any recover based on the Statute of Limitations.
Short Answer; its never too late to 'file' a claim. It's most likely too late to 'PREVAIL' on a claim.
The big questions are, are you still with the employer, and if not, when did you last work for him/her? Did you report your injury while employed? Did your injury become worse over time while continuing to work? All the above questions are very important, and there are many more questions to be asked. If you would like a free telephone consultation, you can call me on my cell phone Monday in the afternoon. I have trial in the morning, so please make sure you call me after 1:00.
818.943.0462.
Hi my name is casey Coleman I have full custody of my 18 month old daughter and today the mother text my phone and told me to do up papers to take her parental rights away. Is this something I should pursue. Or would I be wasting my time and money?
She probably thinks that it means she won't have to pay child support if she terminates her rights. Courts will generally not terminate rights just because a parent no longer wants a relationship with a child. You should talk to the lawyer who got custody for you before going any further. Just on what little you have written, I doubt that this will go anywhere as the courts generally want a child to have two parents, no matter how bad.
my son is in jail charged with 2 counts of trespassing,2 counts of burglary,and 1 count of sexual assault.all the charges are from what he did to his ex girlfriend he was in prison before convicted of armed robbery and did 5yrs .what type of sentence might he receive for these crimes and can he do any plea bargaining
It would be difficult to know for sure, without knowing more about his prior record.
I would suggest talking to a criminal defense attorney.
Attorney Michael Kotik, Esq. [email protected]/* */ www.Legalphilly.com 267-265-4553
My wife and I are filing for divorce we still live in the same residence if I leave does she get full custody?
Whether or not you vacate the residence will have no bearing on whether your wife will get full custody. With your continued relationship with your child(ren) at stake, you should consult with an attorney.
can anyone pick up a minute order from the clerks office or does it have to be a party to the case?
Anyone can pick up a minute order from a divorce case or domestic violence restraining order case. Only the parties or their attorneys can pick up orders in a paternity case.
My wife and I lived in Austin for two years before moving to NYC in May, 2012. We still carry Texas driver's licenses and never formally changed our residency. However, we did sell our house in Austin back in December, 2012. We currently rent an apartment in NYC. Is it possible for us to still file for divorce in Texas?
Probably not. Texas law requires at least one of the spouses to have been a resident of the state for the preceding 6 months, and to have lived in the county you plan to file in for at least 90 days immediately prior to filing for divorce.
If you sold your Texas home in 2012, and have not resided within the state since then, it is unlikely that the court would consider you to still be a resident of the county, even if you argued that you were living in New York temporarily, and intended to return to Texas in the future.
Selective Service
I don't ever recall receiving any information on enrolling inthe selection service and now I have been denied citizenship because of that and I appealed and did not get a hearing and was denied againg, what is the process from here?
Re: Selective Service
You should file a petition for review from denial of naturalization in a federal district court. You have 120 days from the decision dismissing your appeal. In a federal court, a federal judge would have something called a de novo (meaning "new") review of the USCIS' decision. This means the judge would not have to rely on the USCIS decision and can review your case all over again (which in most circumstances is a good thing).
Our firm has extensive experience with federal court litigation. Should you wish to discuss your matters with us, we would be happy to assist (if you have a meritorious case).
Best Wishes!
Re: Selective Service
If you mean that you already filed an N-336 request for a hearing, which was denied, your sole remedy now is to file an appeal with a federal district court within 120 days of the denial. Feel free to contact our offices if you are still within the 120-day window for an appeal and wish to pursue it (assuming your case has merit). You may also re-file N-400 petition for naturalization but if you have other potential problems in your immigration history, this may end up badly for you (with a removal proceeding).
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
my daughter just bought a time share in vegas (VILLAGE GRAND RESORT )
do you know how many days she has to cancel it // she has a bad job and it going to be way over her head more then what she can really afford she not married
With no delay, your child should seek counsel of an attorney licensed in the applicable state (attorneys are licensed state by state). Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net
my husband came up from behind and pressed himself against my 27 year old granddaughter and put his hands on her breast he was very drunk if she pressed charges what would they be?
Sexual or simple battery.
i pay 498 a month for child support..i also pay 210 a month for insurance for the child...does the 210 deduct from the 498??
Based on Tennessee law....
Child support is calculated by using the child support calculator found on the DCS site or Administrative Offices of the Courts self help section. The cost of insurance is generally included in the calculation and therefore reduces your support obligation by the appropriate amount which in your case probably results in a payment of $498. The entire cost is not deducted but only a percentage. You do not get to reduce it again, However this answer depends on when the order was put down and whether the order was done consistently with the required guidelines,
I was in a car accident 10 months ago that wasn't too severe, but gave my mom and I some back problems. The insurance company refuses to pay our chiropractor bills until we settle. Their current offer is $2,000. Is that a reasonable figure for our circumstances?
This depends on the amount of medical bills and the issues regarding liability.
Both spouses jointly own a home in California. One moved out and rents and the other spouse lives in the home. What will the homestead exemption be if they both file together for chapter 7 bankruptcy?
El Cajon Bankruptcy Lawyer To double or not to double? That is the question. Doubling of a homestead exemption requires further analysis. We offer a free confidential consultation.
My brother has been sued by the school/county for back taxes. His property already has a federal tax lien on it. Can the county/school district auction off his property if he can't pay in full?
Yes they can. Property taxes have a high priority on the hierarchy of liens.
Best of Luck
Greg
www.gregwileylaw.com
when i was 17 i got caught stealing at wal-mart by the security guard. they took me to the back, got my id & fingerprint for the store records. i got a civil thingy in the mail that i had to pay. i never got a court date or anything like that. i wanted to know if this would show up on my background check because i am trying to get into the nursing program. i am 18 now and i wanted to know if it would be sealed and not viewable for the background check.
It doesn't sound like law enforcement was involved or that you were cited for the offense. Therefore, if that's correct, that incident should NOT appear on any wrap sheet of yours. The civil thingy you speak of is the letter stores usually send out to recoup some money for the costs of security. That letter is not "law enforcement" driven. It is sent by the cicvil attorneys hired by Wal-mart....I hope that answers your question. I wish you well......David Wallin
You were never arrested by law enforcement, so it should not appear on your GCIC. However, the case may still be submitted to the local prosecutor for prosecution. Good luck.
Crimenal warrent for my arrest in other state
On July I was helping my mom sell
my father's things after his passing.
2 kids came onto her property
with off rd vehicles. I told them
to get off the property or I would
report them to the cops for
trespassing. I had a run in with 2 of
the dads of these kids. The
encounter with the dads was in my
mom's barn. They threaten me and
mom. We had to write a statement
for the cops and I saw my moms
lawyer. I wanted to be sure there
was no problem with my leaving the
state. After returning to Texas, I
found out in January that there was
a warrant for me in MI. for assault
with intent to kill. This is a trumped
up charge by these 2 dads. Their
pride was bruised because a woman
stood up to them and the one guy
brought his nine year old to watch. I
now have to take my mom back
home and I've paid a lawyer to try
and post bond were I live in Texas
but I can't get any one in MI to give
me info or let me post bond I have
no way of stopping the MI state
police from arresting me. And I
haven't even done any thing wrong I
don't understand how the D.A. could
take such a frivolous case. I have
many medical problems that require
taking medications. I don't deserve
to go to jail.
Re: Crimenal warrent for my arrest in other state
Assault with intent to murder is a very serious charge. You should retain an attorney. He may be able to arrange an agreeable time for you to be booked and arraigned (as opposed to being arrested in Texas and being driven to Michigan in a police transport).
Re: Crimenal warrent for my arrest in other state
I strongly suggest that you immediately phone us. We'd be pleased to offer you a free initial consultation. Our phone number is:
1 8667665245
For more information, go to:
www.AggressiveCriminalDefense.com
Re: Crimenal warrent for my arrest in other state
You need to get a criminal defense lawyer who practices in Michigan. You also need to get bail from the charging court you should not have any problems with being arrested in Texas.
Because each state must honor the laws of the other states, a Texas court cannot issue bail for a defendant in a Michigan case.
Can my wife join suit in a civil litiagation case where she will be assuming any debt based on outcome?
No, not unless she qualifies as an injured party and/or one who suffered a loss
arising directly from or out of the cause of action at issue (my opinion).
My friends attempted to commit a crime. One of them died. Can the surviving friend be charged with Capitol murder?
Yes
My grandson won a lawsuit for the wrongful death of his parents in a car accident. Can his adopted parents hold this money from him once he comes of age?
It all depends on the terms of the trust. If he's 21, at the minimum, he should learn how much he won, who has control of the trust, and how much is in there now, and when he is entitled to the money.
Also licensed in New York.
My ex and I have 2 weeks per summer if we chose to take with the kids, I provided written notice to my ex yesterday and on the 13th that I like to have the kids for 2 weeks in the summertime he denied it stating he has plans with the kids, can he do this?
The outcome of this dispute is controlled by your court order. If your court order is vague and does not specify how to address this problem, you should return to court on an emergency motion for court assistance. Please meet with an experienced family law attorney to explore your legal options.
Ms. Kock is exactly right. If the existing order decides the issue, then it controls. If it is vague, the two of you either have to work it out or you have to go back to court for a ruling on this issue.
My brother forged my signature and waived my rights to my fathers estate through probate court what legal steps do i take to get whats rightfully mine?
To properly answer your questions, we would like to provide you with a free consultation. Please call us at 1-800-297-9191 or send an email to James Luna at [email protected]/* */
Thank you.
You can file an action against your brother in the probate court where your father's estate was probated. If he was appointed executor/administrator of the estate, he has also breached his fiduciary duty and can be removed as well as criminally prosecuted. If you would like assistance, please contact my office at 216-378-7570 or www.socrateslegal.com.
I'm going to a college as an international student with F1 visa. I participated in a medical research as a subject and received $1200 compensation. Recently, I recieved 1099 MISC form from the medical research company and the $1200 was listed as "other income". Is it considered an unauthorized employment? Will I lose F1 students' rights, such as eligibility to apply for OPT or going to Grad School? What should I do to avoid cancellation of my F1 status
Hello:
That would depend on what exactly was done. It may be possible also to get status reinstated.
My son has full legal and physical custody of both his daughters in philadelphia county. The mother of the children expired from a drug overdose 2 monthes ago. The maternal grandparents have filed for a mediation in their county; they live in the poconos, requesting partial legal and full physical custody of his oldest daughter. They did this because she had resided with them when their daughter was alive. My son was never in agreement with this and had filed papers in court twice with complaints because this arrangement interfered with his visitation. Today he received papers for emergency custody of his daughter for her to return to the poconos until the mediation on June 13th. Can they do this?? First because he has custody through the courts and secondly because they are in a different county? Wouldn't they have to file in phildelphia?
Yes, if that's where the children live. He needs to file preliminary objections. Accorder to the rules of civil procedure venue is where the children live.
He'll need a lawyer to do this and do so quickly,
John
