My son has to appear to be arraigned for making false alarms code 509.07A3. He basically lied to an officer about how his car got damaged. He has clean record. What is he looking at as far as fines and/or punishment? He is 19yrs of age. Is a public defender enough, or should he get an attorney?
It would be helpful to know what city but it is likely a first degree misdemeanor. It is not likely that he will receive any jail time. It may be a hefty fine and probation.
To
LawGuru
We rented a house, and had the lease for 1 year, july 15th, 2010, to july 31 2011. But around Jan 2011, we thought that we could buy a house, so we started looking for house, and in the month of Feb 2011, we talked to our landlord, that we are looking for house and if we found a house, will he let us off the lease 1 month before i.e as of june 30th, he also said yes,This means we gave the landlord a 6 month notice to vacate his property, and we made a verbal agreement, if he was able to rent the same house for the month of july, he would refund my deposit of $1200. As per schedule we also found a house, and we moved before the said date, Till july 15th 2011, we never heard a single word from the landlord, then we drove by our old rented house, some body was living there, that means that somebody has already moved in for the month of july, then we called him, but he never returned our call, finally we emailed him asking what happened and why he didn't respond, for that he responded by mail stating that he was able to rent the house only by the mid of july, (But the renters in that house occupied earlier than what he said), and he is not taking any rent from him for the month of july, as he is letting them stay free for the month of july, he will be getting rent only for the month of August, and he said the he used my deposit for his july mortgage payment on the same house, and he wont be able to refund any deposit, as there was nothing left. and said "Sorry".
What are we suppose to do, is there a way to get my deposit back.
The first place to start is your written lease. Read it carefully. If the landlord did it correctly, it includes a provision that clearly states that all modifications to the lease must be in writing. If it does, you obviously have a problem because the agreement you claim was made is prohibited by your lease. This provision would have been discovered by reading the lease carefully when you wanted to modify it.
Even if it does not, it is not appropriate to handle business matters like this without putting them in writing, signed by the parties. Your situation is the very reason for this rule. What is your evidence of a modification, beyond your word against his? The deposit money is often going to be the amount of the lesson learned.
My younger brother with no children lost his wife on December 29th 2010. He has only one home they have been living in Santee CA and no other homes or other movable properties. He has a living trust and a will executed by both. Chances are he may sell it in a few months and buy a townhouse. The will by his wife gives the possession of the house to him in the event of her demise. Now that, it has happened, he wants to transfer the deed to the house held in living trust to him. I did some research and it looks like that a notarized California Quit Claim form executed by him as the trustee holding the title to the property will do the job. There are no encumbrances on the property or no outstanding mortgage. I would appreciate your friendly advice on this, thanks.
If it is in the trust, her will is irrelevant. If it is not, then it gets a lot more complicated. He needs to talk to a probate attorney in his area. These kinds of questions are too much dependent on the details and the documents to get a good answer over the internet.
i got a unlicensed driver infraction ticket in CA what does it mean and what do i do?
It means that you may be fined but you will not be put on probation or incarcerated. If it has an address on it you should go to the location on the citation to deal with it. If not you should call the Superior Court, traffic division in your county.
Someone hit my vehicle while it was parked and I witnessed it. The person who hit the vehicle begged for the authorities not to be contacted and wanted to pay for the damages but has not paid. He gave me his DL and contact information but still have had no success. Is there anything I can do?
Call the police and file an accident report with them. Tell them the person failed to give insurance information if he or she did not give it to you.
If you have the insurance information then file an insurance claim against his or her insurance. If you do not have the insurance information then file an uninsured motorist claim with your own insurer and let them work it out with the other person.
Our paychecks have been consistently bouncing for a couple of months now. Usually we're immediately issued a replacement check that goes through without a problem. Two weeks ago however, everyone's checks bounced and the replacement checks have too. Today is payday. We still haven't been paid from two weeks ago, we know there is no money to cover today's checks, and out penalty checks are "on hold". According to the labor board those penalty fees are not optional, but is there a time frame in which they have to pay them? How long can they go without paying us our regular wage? What options do I have to get this money faster, and what happens to us if the company declares bankruptcy? Thank you for your time.
This is not the appropriate category for this question. This category is for the rules and laws that apply to the practice of licensed attorneys. The better category for your question is labor or employment law.
The short answer to your question, however, is that you are not supposed to wait even one day to be paid when your wages are due. Your options are to get an attorney, and perhaps file a claim with the labor commissioner.
I would like to know what I need to do to protect my 5 yr old from having to be alone with his unpredictable paranoid schizophrenic father. He and I have a past of domestic violence. He also has a past and present substance abuse of Meth, also know to overly use prescription drugs prescribed for him and not
You should seek a restraining order and if there is a current custody order (Parenting Plan), then seek a modification of that order to put in place the proper restrictions to ensure your son's safety (if there are any that will accomplish this).
Do yourself a huge favor and try to get an attorney to help you with this. Often, many people come to attorneys after they have tried to do this on their own and it did not work. That only makes the attorney's work harder and more expensive and time consuming (meaning expensive). It is much harder to make a follow up statement or declaration in court when you have submitted one before, then realize it is insufficient and get an attorney to revise it later. The judge or commissioner hearing the case will be suspicious as to why you later included all kinds of details and information that should have been brought up in your original statement or declaration.
When you submit your petition for a restraining order, or a modification of the parenting plan in conjunction with a restraining order, then make sure you have as much documentation of your son's father's drug use and abuse as possible. Documentation is best, but declarations from those how have seen first hand his drug use and abuse is also good.
Beyond what I have just written, I cannot say more specifically what to do, as each case differs based on the facts of each case.
My former husband lost his job and took me to court for modification. The modification will be filed at the court house once we agree to a parenting plan, In my final decree I am the party who is allowed to claim our son on taxes each year. My former husband wants me to agree to every other year? Do I have to agree? Is this considered part of a parenting plan? Will the judge make me agree to this?
No you do not have to agree to this.
Hello..my boyfriend and I have been together since 2010 (have known each other since 2008) and now planning to get married next month (April 2012). We are very deeply in love and have been in a long-distance relationship all this time. I am an NRI and he is an Indian citizen. Also, I come from a hindu family and he comes from a muslim family. We know for a fact that our families are going to oppose this marriage. I am 30 now and he is 31. We talk to each other throughout the entire day everyday via phone and chat. It feels like we have created our own time zone and are living together virtually.
We are very responsible individuals (I am a Business Analyst for a hospital and he is a doctor) and very close to our parents. I have never-ever thought I would be doing something like marrying secretly; he would never do this either. My parents are getting very concerned about me since I'm not married yet and he has refused every single proposal his mother found for him. There is no way possible that we would do an arranged marriage! Our plan is to get married next month in India, then I will sponsor him as my spouse to the US, then after about one more year after he comes here, we will tell our parents.
I really don't want to hide and do this. We are well aware of the issues of religion in this case. We did not look at religion before falling in love. The biggest reason why we're delaying everything in our lives is because of our
parents. We have never hurt their feelings, but when they find out of the marriage, it is definitely going to be very bad; this is what I am afraid of. I cannot be with anyone else, but I do not want to hurt my parents either and the same 10months now, but goes for him as well.
Every single day is becoming even more stressful than the previous day. This is greatly effecting my job as well as his preparations for the Step1 and Step2 medical examination. We have not seen each other since 10months now, but have spoken on phone everyday including today. We do not want to hurt our parents, but we cannot live without each other. Please advise! Eagerly awaiting your response in this extremely sensitive situation. Thank you!!
Since you don't want to do what you know you have to do - what is the question? You are obviously not looking for advice, just validation. My suggestion is to either embrace your relationship, tell your parents, and be prepared for the consequences or break it off entirely. Right now you are sneaking around and denying yourself a life in exchange for a maybe.
I got married 3 months ago and would like to change my last name. My immigration lawyer told me this would be a case for a civil lawyer. My paperwork is still with the lawyer (my visa has expired and right now i am without status. I can't apply for a new ID either because of that) So i need to know wether it's possible to take my husbands last name, even though i am technically in an overstay. ICE already has me on their radar due to a different incident but lifted the hold on me for now. I live in Florida.
If you are legally married and female, you can change your last name to that of your husband without the need for a lawyer. Isn't this common sense?
My Ex Wife had an affair in which is why she became my Ex and she moved out leaving me with our 3 children. I currently only have 2 kids out of the 3 due to I was needing help with my youngest having to be in daycare and being a single parent I was having trouble managing my other 2 oldest with school, work and taking care of the household alone. So I asked my Ex to help me with taking our youngest with her and we would share visitation.
She constantly denies to give me an address of where she is living, and meets me half way when we do the exchange of my youngest. Hence she never asks to take our other two boys with her.
She never has given me money for taking care of our 2 eldest and only once a year decides to buys them shoes or clothes.
With that being said it's been 2 months since I have heard from my daughter.
I text and call and no answer. Just recently Oct 29 I heard a voicemail on a phone which used to pertain to my eldest son regarding them Serving her with legal documents on a lawsuit for doing fraudulent information to a financial institution.
I've since been calling and texting and nothing. Again I have no where to start looking and am worried for my daughter that she is probably out there with a stranger.
How do I go by approaching this matter.?
Thank You,
Concerned Father
It's time to initiate a court proceeding to establish a custody and visitation plan for your children. Please meet with an experienced family law attorney to assess your best legal options.
I got in an accident 7/5/14 i was not at fault. The other drivers insurance examined my car wich was a total loss. Now theyre only offering me 3511.74 but when i got my car the total was over 11,000 because it was financed, so i still owed my dealerahip over 4 grand. I had full coverage on my car but since the other insurance said it had a "salvage tittle" wich i never knew about, so now theyre only offering me the 3500 and i feel like im being done wrong somewherw in that because if i dont have my car im not gonna be able to get to my job and will end up loosing my job so please any help would be great.
The value of the car on the date of accident is the measure.you can fight it but it can be costly. Seek some legal advice with your actual paperwork.
In a legal seperation in georgia both parties agree on the terms..can the seperated spouses date or live with someone else..
Georgia does not have legal separations.
When the parties separate, a sexual relationship with someone else is still adultery, which is a crime.
Georgia does have a court action called separate maintenance, where a separated party can seek alimony or child support.
My husband of 11 years a few days ago received a letter in the mail from a former girlfriend of 18 years ago. She stated that he has 1 daughter who is now 17 years old. I realize the first step is a DNA test. My question is, is he financially responsible for thsi child? She went to court in 1995 to collect child support for her children and her boyfriend at the time took DNA test and they found out girl was not his but the boy was. What are your thoughts?
DO THE DNA - THEN ASK QUESTIONS
My husband was a passenger. They got pulled over and the driver had marijana in the car. The arresting officer was told by the driver that the drugs his and not my husband. Both of there bond is 120,000. The driver has bonded out. My husband was told if the driver does an affidavit they would let my husband go. I want to know if that is true and does my have a chance to bet this case if he doesnt get the affidavit
It doesn't really matter who the drug belonged to as long as they both knew or should have known it was present. Prosecutors will often allow one defendant to take the charge and dismiss charges on the other person.
I received a refund check in the mail. I was expecting a refund, but received a check for more than expected. I called the company immediately and was told that the check was valid and that I was owed the 117$. Now it is 2 years later, I am being ordered to pay this money back. How is it legal for that to happen? And what should I do I have recently filed bankruptcy, for the debt I know that I owe. Therefore, I don't have any money to pay them back. I was only given 10 days to pay it back.
If you filed for bankruptcy, talk to your BR attorney. You DID hire a lawyer to file your bankruptcy right?
Or did you do the completely foolish thing and file for BR yourself and now are tire kicking on this forum regarding an alleged $117 debt?
I suspect the latter.
Unless you were completely foolish when you filed bankruptcy, you paid a lawyer, and it was precisely for reasons like this. He'll know how to amend the schedules so you will have no problem. Call him.
If you made the dangerous mistake of filing pro se, you need a lawyer ASAP and need to pay him to fix your case.
I am in the process of purchasing my first house. My boyfriend of over a year will be moving in with me. Is it in my best interest to have him sign off on something stating he has no legal claim on the house since he is only technically a tenant while living there or am I being to overly cautious of him turning evil if things go downhill in the interim? (His name will not be on the mortgage)
He has no legal right to ownership unless he pays into the purchase or is on the deed, note or mortgage. He is a tenant, however, and you would have to legally evict him if he didnt want to move out voluntarily. Tim Klisz kliszlaw.com
if a house is under foreclosure and isn't owned yet can i legally fix and repair the property on my own and get paid to leave by the bank
It's not clear what you mean by "isn't owned yet." All property is owned by someone. I guess you probably mean that the property hasn't yet been sold at a trustee's sale. Then, assuming you are the borrower (and hence probably the current owner of record), you probably can do the "fix and repair" work, and maybe you even have an obligation to do it. On the other hand, it might be unwise to have an extensive repair operation under way at the time of a foreclosure sale. Even though legal, maybe would adversely affect the selling process or amount bid. As far as getting paid to leave by the bank, i.e., "cash for keys," such programs are legal, but not that widely available, and you'd want to have a pretty firm prior commitment from the lender before doing anything in reliance upon a lender paying you, as the owner, to move out. Such programs are more often aimed at getting tenants to move out, not former owners. Here is a link to a useful Web page:
http://stevebeede.com/2011/02/your-guide-to-cash-for-keys/
Property is owned by the owner until the trustee's sale is complete. Once the trustee's sale is complete, the property is then owned by the highest bidder, which can be the foreclosing bank or a third party at the sale.
Banks give cash for keys for bona fide tenants. If you are the former owner, they evict you. If you are a third person who squats on the property and cannot prove that you are a bona fide tenant, you get evicted.
Does a consumer have the right to cancel a cellular contract WITHOUT penalty(early termination fees, etc...) if Carrier 'A' (original cellular provider) is bought by Carrier 'B?'
If the contract provides it.
If the contract provides it, yes. If the contract does not provide it, no.
You have your contract. Read it carefully.
I had to take FMLA due to having a surgery and not being able to perform my duties at work. My employer says I will have a job when I return however it may not be the position I left. The position I left had a M-F dayshift schedule and the job they want to put me in upon return from my FMLA will be dayshift but will require weekends to be worked pay and all other benefits would remain the same. Can my employer fairly do this under the FMLA law?
Yes, as long as the new assignment is essentially the same or similar
(particularly in regard to pay and benefits) to the one which you held previously before you went on FMLA leave, and, merely requiring that you now work weekends would not put it out of compliance with this FMLA requirement as described (in my opinion).
My son, almost 21, flunked out of college and was out of school for 11 1/2 months. My ex-wife did not inform me and I continued paying child support the entire time. He has since returned to school. Do I have grounds to file for emancipation in New Jersey or at least attempt to have the amount paid while he was not in school credited or reimbursed? For the past 2 1/2 years I have struggled as my hours have been reduced to 4 days per week. This equates to my pay has been reduced by 20% due to a slow down in the construction industry. I have lost my home, my car and now child support is after me for arrears. (about $3,500)
I am assuming you are in Ocean County. Invest the time and go to Family Intake and file a petition for modification, and possibly the emancipation, seeking a credit toward your arrearage
You may be able to find a lawyer who will work on a reduced fee basis.
Contact the local regional legal service office to see what resources are available. When you were cut down to 4 days a week, a modification petition could possibly have been filed.
This is limited information I am receiving so what I am suggesting to you is based on that and may or may not be the answer.
You are welcome to call me at 215-370-2608, my cell phone. No charge for a phone talk.
Sorry you are going through this.
I did one of these recently, and fought hard. interesting situation.
I am up in Bergen, call if you like.
My boyfriend wants me to be the supervisor over his court ordered supervised visitation with his child because his current supervisor (a family member), is unable to always be there. As a girlfriend would I be qualified to do such? I have read in some states a girlfriend is not qualified. If I am qualified to do it, what steps would I have to take, what would be all of my responsibilities in this position, and would I have to appear in court?
Hello. In my opinion, it will be up to the court to determine whether it is in the child's best interest for you to be the supervising person. If so, then you generally would not have to come
to court, unless a problem were to arise during the father/child visit. However, initially the judge might want you to appear in court for a hearing on your boyfriend's motion for supervised visits. If there is a court appointed child representative or guardian ad litem, that person may want to interview you. Hope my comments are helpful. Will be happy to discuss this issue further and in more detail.
Do I need a lawyer to get divorced in the state of California or can someone besides a lawyer help me?
You don't have to have an attorney, but I would not use a paralegal. I can't tell you how many times I have encountered clients who really messed themselves up listening to a paralegals advice, and it actually ended up saving them no money because of the time I had to spend cleaning it up!
If you have no assets and no children, then you may be able to use the family law facilitator's office at your local county superior court. Otherwise, I would not recommend going in on your own.
You can do your own simple divorce with a good "how to" book and help from the "Self Help" or "Family Law Facilitator" office in your local family court. I prefer "How to Do Your Own Divorce In California" by Nolo Press, of all the self help books out there. If you have anything that you are going to fight over, however, doing it yourself is a mistake. No one other than an attorney can legally help you with a divorce, other than helping fill out papers. As Ms. Ellifritz said, anyone who offers to do more than that who is not an attorney is more likely to cost you money than save any.
I missed a months rent and the landlord told me to be out in a month, I'm need time to save up some money to leave, for 3 bedroom I need about 8 months. Can i file a Order to show cause before my landlord files any notice to evict. New York City. Landlord and tenant law.
Thank you for submitting your question. In order to advise you regarding your issue, I will need more detailed information. Please feel free to give me a call anytime on my cell at 516-314-1343 so that we can discuss the particulars regarding your inquiry.
I look forward to hearing from you.
Tommy A. Sirianni, Esq.
Is it illegal for a college professor to allow a 35 yr old student to move into his house? She was NEVER one of his students, nor was there any intimate relationship. They had separate bedrooms. If it is illegal, at what point is it no longer a crime, and what is the statute of limitations for her to file any type of complaint?
The only student / teacher issues are for those in high school or younger. The laws do not apply to college. There are no problems with the situation you describe.
If a patient has a stroke during open heart surgery that is not recognized until 5 hours after the surgery and dies as a result it the doctor at fault for not recognizing the stroke and acting sooner?
If a patient is given several blood tests and told he has acid reflux when in fact he has stomach cancer, is the doctor at fault when the patient dies of stomach cancer 2 weeks later?
1. Possibly--- would a diligent doc have noticed the stroke that occurred during surgery?
2. Probably not--- could a quick and correct diagnosis that late in the disease have made any difference?
You need to talk to a medical malpractice lawyer for more definite answers.
I haven't filed taxes for 18 years now(because of child support)stupid I know now but what do I have to look forward to going through since I did this
Federal tax returns can be filed after the due dates. Interest, penalties, and other charges depend on the annual returns. Depending on your present financial situation, you can
negotiate a compromise or installment arrangement. You can't merely express your
regret and forget about it.
You are not alone. I see people everyday with unfiled returns who do not know how to get back in the system. You need a qualified tax professional (not one of these companies that you see on television) to get your transcripts and income information from the IRS. This will tell you how much you earned each year, how much tax was paid, and whether the IRS is in the process of filing returns for you or has already done so. If you have moved in the last 18 years, they are sending all correspondence to your old address and may levy your bank account or wages without you knowing about it. Next you need to file your returns. Generally, the IRS only wants you to go back 6 years. Once filed, you have to work out a payment plan or you may be eligible for an Offer in Compromise. You will feel much better when you take care of this and get it behind you.
The first issue that must be determined is whether you are at risk for a criminal charge of wilful failure to file under 26 USC section 7203. Then a decision can be made whether you are a safe candidate for voluntary disclosure of your non-filing and, hopefully, the eventual filing of your returns. Since factors such as amount of tax, number of years, reasons for non-filing, nature of income and many other factors have to be evaluated, you should return an attorney experienced in these type of cases. Typically, he/she would retain an accountant under a so-called "Kovel" relationship to protect the confidentiality of your situation and your fifth amendment privilege. while you are gathering the information to make these decisions and to file your returns, if that is deemed advisable. The attorney client and work product privileges provide this protection.No other professional except an attorney can provide you these protections.
If you decide to proceed and file, then you will have to deal with paying the taxes, penalties and interests. This is achieved through negotiations for installment plans or offers in compromise. Some times bankruptcy is an option, but the non-filing delays the time as to when you can discharge taxes in bankruptcy and may also prohibit the discharge-ability of the taxes. The first step is to avoid prosecution, then file, then determine the best way to resolve the liabilities.
Is a lawyer necessary for a hearing where I am being judged for Allowing an Unlicensed Individual to Operate a Vehicle? I allowed my husband to drive, who is from mexico, when we were on our way to an immigration court, but I do not know if the courts know he is my husband or if I should say he is when in court. The day before we had purchased a standard car, which I do not know how to drive. The car we initially were going to take broke down so we had to take that one, which is why I let him drive because he does know how to drive standard. I do not know what kind of evidence to take that would help, or what to say, or if I absolutely need to get a lawyer. Please help.
You should hire counsel.
I was divorced almost 5 years ago, and my ex agreed in the divorce papers to repay half of our debt to my parents of $30,000 (his share $15,000). He has not paid them a dime, where do they start legally to get him to pay?
You bring a motion for contempt in your divorce action. Review your local family law rules for the procedure.
Is it legal to change the door lock to prevent a tenant to get in?
Not unless the landlord has properly filed an unlawful detainer action, and obtained a writ of possession.
My daughter had visitation with me but she was very mean to me and now she does not want to see me.
This is part of a divorce.
This can be a difficult situation - where a parent has court-ordered visitation but the child does not want to see the parent, complains and gives the parent a hard time during the time with the parent. There are a few choices - try to force the issue with the Court if the other parent is encouraging the behavior; or let it go for a while to let things settle down. You have not mentioned some important facts - age of the child, the stage your case is in (pre-decree or post-decree), etc. Some kids just don't want to put down what they are doing and do anything different, whether it means a trip to the store with the parent living with them or perhaps going to see you for parenting time (visitation). This is more of a counseling/coaching issue than a legal one. I encourage you to look up divorce coaches online for advice on this issue. If your ex is withholding visitation, that is one thing where a court can help. If your daughter just gives you a hard time during visitation, that is an entirely different problem that may require some advice from a professional counselor.
I got charged with possession of marijuana under 4 grams in WA, my boss told me if i got my doctors recommendation it will help get my charge dropped, is this true? What else should I do?
Probably not accurate. A medical authorization that was not valid at the time of the incident doesn't do you much good. It might possibly make your case a bit more sympathetic, and maybe a prosecutor is willing to make a better offer, but I wouldn't bet on it.
There are far better defenses these days than medical authorization. You probably need to talk to a lawyer who practices in that court right away.
I am a resident of los angeles who while going through a divorce had to seek care from the hospital my wife worked at for unusual high wbc count suggesting a confidential infection which may have in fact come from her. I asked the hospital to ensure she did not access my records as she had done so in the past and to maitain my confidentiality as the issues were medically related; the complaince officer agreed to do so and later disclosed to wife who removed my heatlh care coverage and left me with over 20ok in unpaid medical bills and deformity...is the hsopital liable for the disclosure? Iam a risk manager and graduate of law school please provide a substantive response. If the answer is they are liable please refer me to 3 firms in the los angeles area who would be interested in a contingent fee relationship. email me at [email protected]/* */ Thank you
Your question is very detailed and a good answer would require more background. I recommend that you contact the Los Angeles County Bar Association, This organization may be able to provide you with referral panels for attorneys with backgrounds in family law, privacy law and health law which are all issues involved in the matter you have described.
If there is no lease involved can my landlord kick me out with only 11 days notice?
If you have estoablished residency, the landlord must satisfy the statutory requirements for an eviction. If there is a credible allegation of drug activity, eleven days is nto unheard of. But, absen that, it usually takes longer. That is not to say that the landlord cannot give ten day notice to vacate. They just have to sue when the tenant does not leave voluntarilty.
Where there is no written lease and rent is apparently due each month, the court presumes it is a month-to-month tenancy. in that case, a one month notice is all the is needed to terminate the lease. If on August 31st, the landlord tells the month-to-month tenant to vacate, the tenant still owes for rent for September, but must vacate before October 1st. If the tenant, or their stuff, are still in the rental unit on October 1st, the landlrod can sue for unlawful detainer and possibly get 1 1/2 the rent for the period that the tenant stays in the place after October 1st, plus court costs, etc.
Hopefully, this general answer to your general question has cured your curiosity. You should get specific legal advice as to any specific case, before deciding how to act. If you are facing eviction, gather all the relevant documents, and go see an attorney in your area. Many attorneys offer a free or low cost initial consulatation.
Good luck
Can I Sue my insurrance company for giving out my medical information to a random person of no relation?
Not under HIPPA, but you may be able to make a consumer protection claim. That claim might be worth something to an attorney but - unless you were damaged, it would maybe only be worth $25.00 to you. The issue is what, or how, you suffered as a resulty of the release of the information.
Jonas Jacobson
I was involved in an auto accident on Nov. 25. A young girl hit me from the back and was found liable by insurance. I was forced to rent another vehicle. I was told her insurance would pay for my rental after I put the money out of pocket. The body shop took until December 29th to repair my vehicle. Her insurance says it was an 11 day repair therefore they will not pay the full amount of the rental (only until December 15th). Can I sue the insurance or the girl who hit me for the remaining balance?
Yes, you can sue in small claims court. you have to let your own insurance company know that you are doing this. it can get kind of complicated. Call me, and let's see what I can do to help you get this done right.
I recently put a deposit on a mobile home, offered to pay asking price, it was accepted, gave 100.00 deposit until Mon, then got a call saying someone else offered more, I thought I bought it? Didn't I?
Was it in writing?
Hi, I just moved to Florida from New Jersey a few months ago. I have not gotten back my security deposit from my landlord, and it has been over 90 days. I can't get back to New Jersey. I would like to give Power of Attorney for finances(limited Power) to my son who is up in New Jersey. I bought the forms from NOLO. I just needed to know if I need any witnesses to sign it and do I have to have it notarized down in FL. or does my son have to go to a notary in NJ. I did call NOLO but they couldn't answer my question. They told me that since I live in Florida now it has to be notarized in Fl., but the Apt. I lived in was in New Jersey. The NOLO person told me to go back to jersey and get it Notarized. If I could do that I wouldn't have to give my son Power of Attorney. I hope you can let me know what to do. Do I need any witnesses and if I do how many and do I get it Notarized in Florida or does my son when He signs it in NJ.
A Notary acknowledges that the person who signs a document is really the person who is named in the document. That is the entire purpose of getting something notarized. A person shows their identification to the Notary and signs the document in front of them. The Notary will sign as notary and affix their stamp and seal. There is no special state that the document needs to be notarized in. It will be notarized in whatever state in which you choose to personally appear before a Notary who is authorized in that state. Traditionally, a Power of Attorney will have one witness. The Notary may sign as witness as well as sign as Notary. This is the literal answer to your question. I obviously have not seen the document that you obtained. Therefore, I cannot comment one way or the other as to whether the document you seek to sign is a well-prepared document or will pass muster as a valid Power of Attorney in the State of New Jersey for the purpose you intend.
Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.
Is it legal for a 18 year old male to date a 16 year old female in ths state of California ?
Yes so long as there is no sex involved.
If my company was bought by another company and they keep the same rate of pay then 3 years they say that they are changing our rate to the new company rate. Is there a grandfather rule where they can only change the rate of pay for new hires. They should not change the employee that have been that rate of pAy for 3 years?
I assume you are an at-will employee under California law.
Under this assumption, there is no such grandfather rule. The company has a right to increase or reduce an employee's wages as it sees fit, regardless of the employee's seniority. The only exception to this is if the decrease in pay constitutes unlawful discrimination on the basis of race, gender, or other protected status.
My had to turn himself in due to new charges , the new charges were traffic charges all misdemeanor charges.
At this time he is currently incarcerated in Chatham county jail , he has had no contact with any attorney. He went to court for the traffic violations and was offered 24mths to do 12mths. Then later came back later with a simple battery charge. The young lady he was in the car with was subpena she has since declined to not testify against my son.
She was then told if she didn't then charges can be brought up against her, since the car that was hit in the accident was a clerk of a chatham county judge
MY Question is what are my options and is this legal ? I cant afford to pay for an attorney and its obvious that the public defenders are not going to help. So what can I do ?
Your options are to help him get a lawyer, or see him stay in jail and/or come out with a harsher punishment. As far as whether something is "legal," you are asking for an analysis based on a few sentences from someone who is not involved in the case (and that is probably based on what someone else said about it). In addition, even if you did get a response about it, responses from an anonymous website, from people who know nothing about the case, won't help you a bit.
You cannot afford an attorney, and the PD will not help. The only answer is your son is screwed. You should put money on his books, and pray that the system will release him sometime in the next two years.
Lawrence
