I just got 180 flat time I live in la county and I am going to Lynwood jail for women I received a aggravated assult this is my first offense am
I going to do the whole time
Too bad you were convicted. Even though you're not rich and famous, expect to do a small fraction of the time. I would put the over/under at 30 days.
Traffic Ticket=Probation Violation
Hi-
I am on criminal probation for a DUI in Michigan and am about 5 months into a 2 year term of probation. This past week, I received a traffic ticket for running a yellow/red light. Is it common to be violated on my probation for this? I have been clean up until this point but my probation does state that I am not to break any laws. Thanks for your help.
Re: Traffic Ticket=Probation Violation
Technically, "running a red light" is a "civil infraction" violation of the motor vehicle code ... it is not a misdemeanor or felony. So, you have to look at your probation order to see if it says "don't violate any laws" or "don't violate any criminal laws (misdemeanors or felonies).
Also, if your driver's license is suspended (or the probation order said you cannot drive), then the fact that you WERE driving is a violation.
The civil infraction will go on your driver's record, if you were convicted. Your probation officer can (and probably will) run your record, and could then see that you committed a driving offense. So, why not be "up front" about the issue? Most P.O.s get more "p.o.-ed" about probationers who do not tell them about problems, than for probationers who get in trouble and report it on their own. (But thats coming from a prosecutor's perspective, so you might want to chat with a criminal defense attorney about the best strategy.)
Assuming a civil court action, I understand that it can be tried "in equity" or "in law",
in Minnesota if it is "in law" then the constitution assures a trial by jury.
But in this case no option of trial by jury has been given or allowed,
so the case must be going forward "in equity"
I am guessing.
What does a person have to do to get the case back "in law" ?
so they can get a trial by jury ?
please help
I hate to say this, but you need the assistance of any attorney. There may be a statute that mandates a court trial, there could be a waiver of the jury trial, the court could be waiting for the jury fee, or any number of other reasons why there is no jury. You really need a competent advocate here who knows how to try a case.
Most umbrella policies have exclusions that state willful damage by "insured" is excluded. If a policy is in my name, and I am the insured, and my child caused damage that was determined willful, and I was sued for it, would I be covered?
You should be covered; unless it is clear vandalism which is a crime. Your attorney should check NY law regarding recent court decisions on the subject.
Your child is not the insured under most policies. Moreover, the umbrella is not critical at this point. There should be a first layer policy that the umbrella rides on top of. So the real question is, what does your homeowners' policy say?
Doubtful. Would have to read your policy.
can my fiance's ex-wife get anything from us once we are married
I assume you are talking about alimony or pershaps child support. If your family situation is changing, I do recommend that you schedule an appointment with a family law attorney to see whether it makes sense to either file some sort of a modification, or perhaps assess your risk for one being filed against you.
Do you have to pay the hospital bills if you are arrested and taken to a emergency room
That's between you and the hospital, and if you want to risk a collection suit on your credit record.
Can my employer work me until 12:00am and then ask me to return at 8:00am
Yes.
In circuit civil Florida, can a motion which has been heard be withdrawn by Notice to the Court, or must it be by Motion to Withdraw Motion?
A Notice to the Court of the Withdrawal of the Motion is sufficient.
husband to pay child support
husband had affair about 10 years ago. Found papers for paternity and child support. He swears that is was someone else. My question - how to I find out if this is true. His paycheck is not being garnished . Would he have to put child support on tax returns? I have docket # Thanks
Re: husband to pay child support
Child support is not tax deductible.
Re: husband to pay child support
There is no way to find out aside from information he provides. Having the docket number is not enough because the courts will not give you any information if you are not a party.
what is the right of a parent that does not live with there child,but give financial support monthly.Also what can that parent if the other parent break a verbal aggreement of visition.
IF you have established paternity then I suggest you file a Petition for visitation and get a schedule in place. Then if the other parent does not allow for visits you can then bring contempt/enforcement against that parent. If you have not established your paternity rights, then I suggest you do that first along with visitation rights.
Thank you for this service. In Dec 2011 my daughter was walking our dog (on a leash) in santa Fe, NM when he jumped up on a fellow who was passing by. The startled fellow stopped and chatted a minute with my apologizing daughter then suddenly grabbed his side claiming that the dog had bitten him. He raised his shirt and jacket and my daughter saw a scratch, without broken skin, on his side. My daughter described it to me as the way it looks when one scratches with a fingernail on dry skin and it leaves a whitish mark. The fellow insisted that she follow him to his home where they could exchange information as he was going to go to a clinic and get it checked, just to be sure. My daughter did go to his apartment and give my name and phone #. (My daughter was visiting from out of state). When my daughter returned to our home she told me about the incident and said she didn't know if the dog had bitten or scratched with his nails. In mid March of 2012 I received a call from this fellow asking to meet me with the costs of his incurred expenses. I told him that I would not meet with him, but would look over anything he mailed to me, and gave him my business address. I asked, "with all due respect, how has it aken 3 months for you to contact me?" He had many "reasons" for the delay. It was another 3 months, June of 2012 when he sent a bill and lengthy letter. I proposed that I would reimburse for all out of pocket expenses, and now he wants "pain & suffering" compensation and has threatened to bring in an attorney. If I agree to the out of pocket expenses and $120 in lost wages will I be in the clear legally?
Contact your homeowner's insurance company and let them handle it; You lack the experience to negotiate with this person, or to obtain the proper release should you need one. We recommend no more direct contact of any kind. No attorney will take a case of the type you describe for the money involved. You are being scammed. He can succeed only if you let him.
Can you be sued for damages if someone is injured while riding an ATV on your personal property?
Yes. Contact your homeowner's insurance company. The claim may also be covered by your automobile or umbrella policy.
LICENSED AND PRACTICING IN MARYLAND.
I am currently negotiating a settlement for a modification in child support. My ex makes substantial income. he is willing to pay his percentage on base salary and bonuses. He is unwilling to consider any other income (interest, etc.) as income for support. He proposes that if he were to include this income in support, that should he take a loss in his AGI because of a loss in other income--I would have to reimburse him! Doesn't that go against the principal of what child support is for?
Income is income. Deductions may not be proper for support purposes. He may well be wrong.
Am I legally bound to pay for my repossessed car?
Only the difference, if any, between what they sell it for and what you owe - including repo fees, and all other fees and charges involved when you don't pay your auto loan payments when due. So if you owe $10,000 on the car, and they repo it, add late fees, repo fees, auction fees, etc. of $1,934, say, your total debt becomes $11,934. If the auction brings $7,500, you still are legally bound to pay $4,434. If the car is worth $15,000, and it brings $11,000 at auction (they never sell for full value at auction) you are legally bound to pay $934. If it brings $12,000 at auction, they owe you $66.
if the car lender follows the proper steps to sell the car in a commercially reasonable manner, they can try to collect the deficiency balance from you. You have the option of trying to settle with them or filing for bankruptcy.
I got default judgment vacated- now what?
i posted last week about getting an income execution at work from a CA trying to collect a debt I don't think is mine (actually, I don't know what the debt is.) I was never served. So I went to court and got the default judgment vacated, served the CA and the marshal and now I have a court date for next Tuesday to go back to court.
I am worried out of my mind that I am missing something. I've been reading a lot about this, and I'm confused: should I just show up in court and answer whatever questions the judge has for me or do I have to prepare an answer? I think the CA is supposed to ''show cause'' but do I have to file anything as well? An answer to the CA's claims, or a counterclaim?...
Do you think I should find an attorney at this point or is it better to represent myself?
Thank you so much.
Re: I got default judgment vacated- now what?
I would need more information in order to give my opinion. Sometimes it is more cost effective to hire an attorney than it is to potentially lose a case. Certain attorneys handle these types of matters everyday, it is almost second nature. However, it is not impossible to represent yourself.
It is up to you to weigh your potential costs and benefits.
If you need further help, you can email me at [email protected]/* */
Re: I got default judgment vacated- now what?
The court date is a conference, not a trial. You have an opportunity to explain to the Judge that you don't know what the debt is for, etc. You would ask the judge to request that the creditor provide you with full documentation to support their case so you can look at it and see for yourself what the debt is about. If it is something you do owe you would be able to make a settlement offer...you would ask for an adjournment of the matter so you can review whatever materials the other side will provide (it is not usual of them to have to materials with them at the conference, if so they have to make a copy and give you a set of whatever they have). Once you see what the documents are you will be in a better position to respond when the conference comes up again.
Years after his passing, my mother sold my grandfather's car to my boyfriend of 10 years. The purchase was made in 2007 or 2008. He knew the vehicle would not pass a smog test yet he went to the DMV with my mother for exchange of ownership stating he was going to restore the car so he could pass it to our son when he came of age. He put a lot of money into it, most of which was frivelous and repetitious. He drove the car knowingly for four years, unregistered, in which time he received tickets by law enforcment as proof. We recently had a restraining order placed on him for domestic violence and now he has filed a civil suit on my mother for all the money he put into it thus far. My mother offered him the money back for the car several times as I am witness too. Does his case hold merit? Does my mom have to pay back anything but the money he purchased the car for? Is there a statue of limitations on such a purchase? Please Let us Know,
Your ex became the legal owner of the vehicle in 2007 or 2008, knowing that the car cold not be smog tested and pass. I assume that was the only defect or that he was aware of anything that was wrong or that he bought it "as is". He has no basis for a lawsuit. He was sold what he wanted, did not tell your mother that he would drive it before it was fixed, if it was an oral contact as to the sale there is a 2 year statute of limitations [the paper work for the DMV does not turn it into a written contract as the contract in issue is the agreement to sell not to transfer], had he followed the law and not driven it there would be no tickets, he made the repairs because he wanted to, etc. So there is no basis for a lawsuit. The real question is the best way to get rid of the suit, which would be a demurrer if he has supplied enough information in the suit to show he has no case. You will probably have to hire an attorney to review the suit to see what can be done the most efficiently and cheapest way. Since most court allow, for a $75 charge, out of town attorneys to appear by telephone, you could hire almost any attorney with litigation experience. You need to file some type of response within 30 days of your mother having been served with the suit. You can call me if you have more questions. 510-441-2684
not proof read
Sounds absolutely without merit, but that's based solely on hearing your side. The only implied warranty on a used car sale by a private party is that the seller has honestly related everything she knows about it that might impact its desirability, and it sounds like that happened, with him basically acquiring a salvage title. However, once sued (served with a summons and complaint) you'll need to put up a defense. Without seeing the complaint and without knowing the exact dates involved, I couldn't say whether you have a statute of limitations defense or whether the correct response is to file an answer or a demurrer. Is the case in Small Claims or Superior Court?
It sounds like a bogus lawsuit to me.
Can a 17 year old leave the house with a parent permission and not be consider as a run away in teaxas ?
NO. The child is subject to the parents' rules until they are 18 OR they are legally emancipated by a court.
I signed a consent judgment with attorneys who were collecting a credit card debt. I made payments for a year and a half, reducing $17,000 to under $8,000. Missed a payment and they immediately garnished my wages, and added $1,995 in attorneys' fees to the remaining debt. I think the fees are excesive and extortionate. What can I do about the excessive charges?
Read your consent judgment. I would bet that these terms are included and that these charges are not excessive under the terms of the judgment.
Petitioner filed for default. I got that request in the mail. Iam the respondent./ But I never recieved anything about if it was denied or granted. SHould i have.
So you are curious about the paperwork after your default is taken, and you are no loner entitled to receive notices of anything occurring in the case. HUH?
You won't receive anything from the court when the clerk enters your default. The next document you will get will probably be a notice of entry of judgment, on the default judgment.
Mr. Roach is correct.
I have a court order for payment of child support for two children that was ordered in 1999 from Contra Costa County Superior Court. I have never received a payment on this order and I have never gone to the California Dept. of Child Support Services to have my ex-husbands wages attached or to suspend his driver's license or whatever they do to enforce the order. At the time I was just glad that he was away and not tormenting me or the children. Now the children are in college and I am struggling to help them through. Is it too late to enforce the order? If not, what steps would I need to take?
Child support orders are enforceable, just like regular money judgments. And unlike regular civil money judgments, they do not expire after 10 years, and do not require renewal.
I suggest that you speak to an attorney in your area that handles collection of child support orders in family law matters.
It is not too late to enforce the order at all. There is no limitations on an action to enforce a child support order. You have three options for trying to collect. You can try to enforce it yourself by filing an Order to Show Cause re: Contempt of the support order, and for determination of arrearages. You can hire an attorney to do that for you. Or you can have DCSS enforce it for you. If you choose to do it your self, many Family Law attorneys, myself included, will consider helping you on a "Limited Scope Representation" basis, where you only pay for the specific help you need, but you do the bulk of the work an make the court appearances "pro per." The advantage to doing it yourself with an attorney help, or having an attorney do it, is that it will get much quicker results and if he tries to avoid collection an attorney will move quickly on it for you. The disadvantage is that it costs money and the court may very well order him to reimburse some or all of the fees, but it is not guaranteed. The court has discretion to order whatever it thinks is fair. The advantage to DCSS is that it is free. The disadvantage is that it is slow. They are overworked, and if it becomes difficult to track him down or to collect the money, they tend to put your case at the bottom of the stack and nothing may get done for a long time. They sometimes even just give up and turn it back to you unless you fight for your right to services. If you would like a free half-hour consultation in my Walnut Creek office to discuss the options more thoroughly, feel free to contact me.
if you are in an abusive relationship in new york and you leave to virginia with your 6mth old child do you have to wait 6mths before filing for custody?
Yes, assuming that New York has a valid claim for jurisdiction over the matter.
If a couple filed for divorce in Oklahoma but got back together and lived as husband and wife before the 6month decree period was up is the divorce still legal and binding
In your question you stated they "filed for divorce" was the Divorce granted? If not, then it is a non-issue the parties would continue to be married.. However, if the divorce was granted and the couple got back together and publicly held themselves out as husband and wife, under common law arguably they would be married.
visitation for my child
if I'm paying child support for my daughter which lives in La. what are my visitation rights, being that her motehr want let me see her?
Re: visitation for my child
If there is no judgment setting your visitation you need to file suit to set some rules.
Re: visitation for my child
Paying child support doesn't have anything to do with visitation rights. You rights depend on the terms of the custody agreement you may already have. If you do not have one, you need to start an action in court to determine custody and visitation.
Can a landord(apt. complex) raise ur rent amount on or after the due date n expect u to pay the new amount.
My landlord put a notice on my door on the 1st of Dec, for me n my aldult son to come in and sign a new lease for a rent increase n they want me to pay the new amount startn now. I have not signed the new lease yet cus I wanted to seek legal advice! N is it binding if only my signature is on it cus my son is unable to sign at this point!
Rent cannot be raised prior to the expiration of a lease (or at the end of the month if month to month lease) unless the lease agreement states differently.
When preparing a divorce petition with a CHIPS case pending (offending mother, non-offending & non-custodial father), I understand custody of the children is a reserved issue. There are no disputes over any remaining issues of the marriage. What wording should be used to defer/reserve the custody issue and to preserve the fathers possible future custody? Thank you!
The father should be turning to his attorney for this legal advice. If the father has not retained an attorney for some reason, the father should confer with an attorney on a limited scope legal services basis in order to receive the legal counsel of which he is obviously in need. Some attorneys, not all, will provide reduced fee for financial hardship. All the best. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Attorney, Minnesota Family Law Attorney, Minnesota Family Law Mediator, Minnesota Divorce Mediator, http://dwyerlawfirm.net
The Decree would just indicate that custody is reserved. For a consultation call 612-240-8005.
Can a parent who overstayed in the U.S. For 7 years And now back In Manila cam still be petitioned by his US citizen son? Or when he left earlier this year, or the ten year ban already trigerred?
You're subject to the the 10-year bar, even your son files a petition for you. We suggest you to consult with an immigration attorney.
You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]/* */ Thank you.
The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.
I was convicted in Pennsylvania of misdemeanor involuntary manslaughter in 2006 ( subsection 2504a). I am wondering if this conviction prohibits me from owning a firearm in Pennsylvania.
Yes.
can local govt remove all your money in an escrow account due to a local govt tax lien in VA
If it's already been done, then chances are the locality was legally
empowered to do so (in my opinion).
24 year old was airlifted to E.R. and was released shortly after. Pt. was ininsured and sure no U.A. was performed. Within one hour of release was urinating large amount of blood and went to local E.R. who transported him via ambulance to original hospital and was admitted 7 days due to kidney laceration. Now has ambulance bill and huge hospital bill. What, if anything, can he do? This was apprx. 2 years ago, but has recently received the ambulance bill from collection.
You're long past the Statute of Limitations to bring a medical malpractice case against anyone involved, so that is no longer an issue. Now you get to defend any collection lawsuit, if you have any defenses against it [not likely]. Negotiate the best discount deal you can.
Can I sue my wife for IIED? We got together under the agreement that she would not be without a job. Soon after we were married, she lost her job and has only worked eight months of the past six years. We were forced to move in with her parents and we were in agreement that she would get a job, and we would live there less than two years; this month is the four year mark. Also notable, i have serious problems with anxiety, and she is well aware. I get treated terribly by her family, and the past four years have cost me a lot of money
Why don't you two get divorced? That is your suit.
I agree. Your option is to get divorced. There are no recognized damages between spouses that divorce cannot reconcile.
I have ME/CFS and my doctors have me on pain mgt regiment of 15mg morphineCR every 8 hrs, 24hrs day, 7 days a week and I'm concerned about the possibilty of getting a DUI when driving here in CA. I've been on different pain medications for this disease since 2006, such as vicodin, percocet, oxycontin, etc.. & have been taking the morphine for the last 15 mos. So how do I know if I'm at risk of DUI with this medication?? I've talked to my Pain Mgt Dr and she's not sure what the limits are or how they determine when you cross the line for DUI. I take the meds all day long, every 8 hrs, every day. The pills are controlled release so the meds are always in my system. I can't just stop driving all together that's just not possible and can't stop the meds or the pain becomes unbearable.
Can yall tell me how I know if I'm considered impaired when driving or at risk for DUI based on the above pain medicine regiment?? Thank You!!
The question is not an easy one. It's not the same as being under the influence of alcohol where you compare the number of drinks you have to your weight and you can get a pretty good idea of whether you are under the influence or not. The first question here is whether you violate the law when you are driving. For example do you weave, have an accident. or go off the side of the road. The second question is whether you can pass field sobriety tests. They are very subjective and give the officer a lot of leeway. If you violate the laws of the road or if you have slurred speech you are much more likely to be given road sobriety tests. Certainly if you are pulled over do not volunteer information about the drugs you are taking. That's a pretty sure way of getting arrested.
Be careful and good luck.
Driving impaired by ANY substance puts you in the category of DUI. It can be legal or illegal, prescription or OTC, liquor, beer, weed, narcotics, cough medicine, sinus medicine, etc, etc. Drive at your peril. If observed driving erratically or supiciously, you'll get stopped, and if the officer suspects drugs, you'll get arrested. .
I am trying to start a business in Iowa. The business would be running poker tournaments for charities to help raise funds. I would own all of the poker equipment and rent the spaces for the charity. Would I be legally able to charge a commission of 10% of money raised or would that be considered wrong under the charitable gaming laws in Iowa? Thanks
Nonprofits are not my thing but it sounds awfully like running a gambling operation. Before you put out any money I suggest you obtain legal counsel that specializes in gaming.
My baby has my insurance(medical card) and fathers insurance (Reg insurance card)how does that work?
I am 23 yrs old and so is my bf..this is our first baby we are not married yet.. so i have the medical card and he has his regular insurance our son is under mine and under his insurance. My question is how does that work? I put my insurance as primary and his second. i dont understand how a sec insurance work.is it like whatever my insurance doesnt cover his will? and what else do i need to know about how this works. please help me im very confused...
It is confusing. Here's a link to a very helpful explanation:
http://www.medicare.gov/supplement-other-insurance/how-medicare-works-with-other-insurance/how-medicare-works-with-other-insurance.html
Normally even if you put a claim in under your medicare, since it is public funds, medicare will go back to the private insurer, even if listed as secondary, to seek reimbursement.
I entered into a written agreement with someone to assume car payments and use my vehicle until a transfer of equity or assignment was approved by my car company. The application was denied. The other party was then supposed to buy the car from me and he never did. Now he is assuming ownership because the car note is paid off and I went to retrieve my car with the police and they only allowed me to remove my plates. Title , registration, and insurance are in my name only. Can I go get my car?
He has an equitable lien for the $ he paid. Will you be reimbursing him?
I have a sister-in-law who has apparently fallen behind on some type of loan payments. Can a financial institution freeze her banking account held at another bank legally until the court date? Also they don't send monthly statements isn't that illegal? They live in Illinois if that makes a difference.
No, the financial institution cannot levy or block bank accounts unless the account holder has authorized such action or until the court issues an order. Whether monthly statements are
required depends on the agreement between account holder and financial institution. It is
reasonable to demand monthly statements.
What is the timeframe for a lawsuit to be distributed after case has been settled?
Without Medicare, usually 3 to 6 weeks. With Medicare, 9 months plus.
can you sue for alimony after your divorce was an uncontested divorce? The devastation after a 25 1/2 yr marriage. Divorce was finalized 2007.
Yes, a person may petition the court to modify or supplement the order of dissolution of marriage and any marital settlement agreement. Generally, the showing of a substantial change in circumstances or justification for the modification is required for the court to consider the petition. Changes in circumstances, such as earning capacity, or showing that there was misrepresentation involved in the previous order will be required. Advised to consult with a family law attorney to assess options.
The final order of divorce may also impact your ability to pursue alimony at this point (on top of the requisite change in circumstances or other allegation as to the validity of your agreement to divorce). As suggested above, I'd advise that you consult with an attorney.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
Phone: (954) 703-2110
[email protected]/* */
BrowardLegal.com
I am a Registered Nurse that was wrongly accused, unlawfully detained, searched, falsely arrested, and maliciously prosecuted for shoplifting @ Wal-Mart! Even after they admitted to have identified me as someone else by mistake & confirmed that I hadn't concealed any merchadise, the Loss Prevention employee proceeded to place me under "Citizen's Arrest"? I have suffered total humilation, defamation of character, and now slander as the arrest has appeared in our local newspaper. I'm confident that I will have no problem having the charges dismissed at court, but the damage has been done! Is it possible to file a lawsuit against Wal-Mart &/or the LP dept for such outrageous treatment?
Yes, it is possible to file a lawsuit again Wal-Mart for this.
I was denied a judge alone in a criminal trial what does this violate?
You mean you wanted a trial before a judge without a jury and your lawyer wouldn't go along? This violates common sense on your part. Having a "judge alone," if you mean what I think you mean, is what lawyers call a "slow guilty plea."
Possibly the DA did not agree to a bench trial. VERY UNUSUAL, but their right to do so.
Another way to read your question is that you have a co-defendant and asked to be tried separately. If that is what happened, then I would need to know more about your case before I could say whether there is anything wrong with the decision at all, let alone what requirements it violated.
we live in Iowa and have fallen on hard times. Our house is in an area where there is a HOA. We were having water problems and the the HOA decided to charge every land owner a fee to redo the well. We voted against it now they are billing us for the well and late fees. Can they legally do this?
What do the restrictive covenants attached to your deed say about this? If it's provided for they can do it.
can you file a restraining order without testifying due to fear of facing the acussed.
Sure, if you have other witnesses.
My boyfriend has been charged with felony theft by his former employer. He admitted that he was guilty to the police. He was arraigned and a court date was set. He had planned to represent himself since we cannot find a lawyer that we can afford. A public defender was not an option because he was working but has since been fired when his new employer find out.
Is he eligible for a public defender now? Does he wait until the court date to ask for one? Or, since he admitted guilt, would the prosecutors be willing to work with him without jail. He has no prior record.
Representing himself on a larceny case is ill advised and potentially dangerous. he should seek counsel as soon as possible.
Can a person receive more than $25,000 in a California unlimited civil case and if so, is their a maximum?
The word 'unlimited' should have tipped you off.
Yes. No.
An unlimited civil case is a case in which the amount in controversy is in excess of $25,000. Certain other actions are also unlimited civil cases, such as family law cases, probate proceedings, trust administration, guardianship and conservatorship proceedings, eminent domain proceedings, corporate dissolution proceedings, uninsured motorist arbitration proceedings, quiet title actions, and actions to recover the value of good faith improvements on the land of another.
To answer your second question, there is no monetary limit on the amount of damages that you may seek on an unlimited civil case.
There is no monetary limit on a case filed as an unlimited case.
BARRY BESSER
www.besserlaw.com
I recently became a family child care provider. I named my business "Hidden Valley Kindercare". Recently I received a letter from the lawyers of a large national chain of Child care "learning centers" threatening to9 sue me if I do not change my name. Is this legitimate?
As a Franchise Attorney I can say the following. As you probably know at this point, "Kindercare" is a federally registered mark, giving the owner substantial legal rights. Just placing the words "Hidden Valley" in front of the mark is not enough to give you a go-free pass. It would be like calling a business Hidden Valley McDonalds. Get the picture? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I live in California and received a phone call from a collection agency in Virginia. I told them I would not be able to pay until next week. Does this verbal acknowledgment mean the statute of limitations is reset? What state law do I go by California or Virginia? The last activity on the debt was in 2003 (the collection agent told me over the phone but refuse to send me anything in writing until I have paid off the debt) and I have lived in California my whole life.
Even under the broadest interpretation of the applicable Virginia statute of
limitations in the situation described, the creditor's (or its successor in interest) right to collect this particular debt would've expired sometime in 2008 and your ill-advised verbal allusion to possibly being able to pay something in the coming week is unlikely legally sufficient to have reset the "debt collection clock", so to speak, in this particular matter (my opinion).
My dad passed away last February, leaving my mom with a high mortgage and a credit card with a balance of 27000.00. She has been able to keep the mortgage payments up to date, but the credit card was supposed to have been written off by the credit union that holds it. Now she is getting served court papers to appear in court for this creditor. What is she supposed to do? Is this the normal process for this type of thing or will she be ordered to pay this credit card off. She is living on the edge of her income.
Your mother's liability for the credit card debt depends on whether she is a joint holder
of the credit card. Does her name appear on the card, account, or agreement? The serving of summons and complaint indicate that she is a card holder. If so, she is liable. A judgment against her for the debt could be used to attach wages, bank account, or other assets, except for the homestead residence. One option would be bankruptcy. If her name is not on the card, account, or agreement, she is not liable for the debt.
Be sure to answer the summons and request all the account information - agreement, signature etc.
my queestion pertains to a child (currently under my care) who has had her mother (my niece) pass away after birth; the hospital was sued and compensation was set to be distributed amongst three children (including the latest child). As guardians and potential adoptive parent we were told that child is entitled to her money, we have met with an attorney to see how we should use the money but the attorny and I are not coming to an agreement on what it is the child needs, my questions are:
1) Are we entitled to request a new attorny/
2) Can we meet with the judge ourselves in hopes of getting valid and reasonable answers?
3) Is it possible to stop the process and get the adoption finalized?
thank you!
1. You are always entitled to speak with another attorney and get second opinion or prospective on things. Of course the attorney could charge for his time. It was unclear from your statement as to whether the attorney was appointed by the court to represent you and/or the children. if that is the case then you would need to file a motion with the court to get another attorney appointed.
2. The Judge cannot give you legal advice. The Judge only make decisions but cannot tell you what the law says. When the adoption hearing takes place it will be in front of the Judge so you can speak to him but again he should not be giving you legal advice.
3. I do not understand this questions. What "process" are you referring to? The adoption? It sounds like you want to adopt so I do not see why you are asking if it can be stopped. You can always back out of adopting the children until the moment the Judge signs the paperwork.
Nicole
Me and my husband separated about 5 months ago, no kids, no property. We were ready to file for uncontested divorce. Now I am in new relation and expecting a child (not from my husband). How do we file for divorce now? can we still file for uncontested divorce? do i have to let court know i am pregnant?
1.Yes
2.No
You must absolutely let the court know you are pregnant. You may still file for an uncontested divorce.
You can still take the same steps for divorce that you were taking prior to your pregnancy. If your husband agrees with the divorce and the terms of the divorce then the matter can still be uncontested.
The court will need to know that you are expecting.
Your husband may need to disestablish paternity of the unborn child before the court will issue a final judgment in the matter.
If you need further assistance, please feel free to call or contact my office via email.
Natalie Hall, Esq.
(407) 412-7035
[email protected]/* */
Yes you can file for uncontested divorce now, asap before the child is born. Contact my office for free consultation 727-446-7659
what are the restraint of trade according to the law of business
?
we are living in the home of our deceased mother. The will states the home is to be sold and monies split among all the children. Can the family/executor have us evicted before the home is sold?
It is technically possible, but unlikely. Furthermore, if you offer to pay rent to the estate until you move out/the home is sold, that should make all the other beneficiaries lighten up a little. You may want to point out that a vacant house makes it vulnerable to thieves and vandals and having someone living in the house benefits the estate (caretaker expenses avoided perhaps calling for a reduced rent amount).
Friend of mine is in a jam & not sure what to do. His mother owned a home that he lived in with her. She had a lot of medical problems, & was behind on mortgage (Citibank), & has since passed. There is still a mortgage balance of approx. 58,000. There was no will, trust, or any legal document or arrangement made by his mother. House in her name solely. He has continued to live there for the past 6 months since she passed. He has not made any mortgage payments since she passed (8/2010). The bank has started pre-foreclosure proceedings. The bank sent a letter to the house addressed "heirs of" his mother. Since the house wasn't legally willed to him, & is not in his name, can he just legally walk away? If so, what are the ramifications? A rep from the bank had visited him @ the home a couple/few months after his mother passed. They indicated they did not necessarily want to foreclose, as it is in the bank's better interest to have someone still occupy the property & work something out with the financials. He originally didn't want to leave, but due to work responsibilities (he is a contractor & travels 80% of the time & is rarely there to begin with) etc... he wishes to most likely relocate. He realizes that if he were to walk away he would lose approx. 50,000 in equity, except that the home is in an extremely rural area, is a very old home (early 1900's) & needs complete update/remodeling, etc.. They had the home on the market for 6+ months, 2 years ago, and only a couple people to look. With the market as is, & the unemployment rate in area, he does not feel that keeping the home would be in his best interest. Can anyone explain what options there may be, & the best way for him to walk away from the situation would be? The property is in Ogle County, IL , unincorporated, town of Leaf River.
Assuming he did not sign anything with the bank, he has no personal obligation, so yes, he can just walk away from the property. If there truly is that much equity, he might want to give selling it another try, but that is up to him.
I have a ca workers comp injury for a lower back and strained knee. My AME sent my report back with MMI and 5% whole person impairment, what kind of settlement should I expect.
For specifics you must consider your age and occupation. A 5% standard on claims from 2006 to date is $3,450.
Without additional information, it would be difficult to give you any kind of range of settlement you might expect. Factors involved include your date of injury, occupation, age, future medical care needs, any past temporary disability benefits owed, whether you settle your right to the Supplemental Job Displacement Benefit.
A 5% Whole Person Impairment may not be correct. But the fact that you were evaluated by an Agreed Medical Evaluator makes me suspect that you are already represented by an attorney. If so, schedule an appointment with him or her to discuss your concerns. If not, I strongly encourage you to consult with a workers' compensation attorney as soon as possible. You can locate one in your area by going to the California Applicants' Attorneys Association website at www.caaa.org. Your initial consultation is free.
Or, you may contact me at 415-655-6789. Good luck!
I have a paper from a woman that grants me guardianship over her daughter. It is signed by both of us and it's notorized. What legal power does that paper have?
legally the paper has zero legal authority. You will need to file for and obtain an Order Granting Guardianship. Sorry I know that's not what you wanted to hear but in my practice I have seen several people with a notarized agreement and then the natural parent shows up with the police and takes the child. My question is where is the father? He may have a legal right to the child if the mother needs a guardianship. Good Luck, Bob Adcox
If I entered into a Rent to Own contract that is now over, what legal rights do the owners have to force me to buy if I choose not to purchase said home?
No one here has the contract. Read it to see if you have any obligations.
1.Purchased house 5 years ago with my now ex-boyfriend. Both names are on title and mortgages 50/50. I have moved out of the house. He ask me to pay 25% of the total mortgage payments and 50% on house taxes despite me renting apartment as he didn't want to move out. Does it sound reasonable or am I being taken advantage of? Shouldn't he contribute some money to me as he is in a way living in my 50 % owned house? Just don't like to be cheated....
2. The property is "underwater" what are the options for the house without both parties having large debt and to have a fair settlement?
Thanks so much.
There is a rebuttable presumption that the cost of ownership is equivalent enough to the rental value that it is a wash. Under that principal, you should not be contributing anything and he owes you nothing. That is really only relevant in a partition action, however, in which one or both of you was raising a claim of unequal capital contributions. During the ownership and before partition, both parties have an equal right to occupancy without payment to the other. Which brings us to your second question, because continued co-ownership with neither having a legal right to force contribution to the ongoing expenses, and with an upside down value, really makes no sense. Failed co-owenerships with negative equity are one of the VERY few situations where a short sale might actually be beneficial to the sellers, but only maybe. A strategic default and foreclosure may still be the best option. There is no way, however, to advise on that complex an issue via the internet. I see by your zip code that you are in Hayward. I would be happy to meet with you, or both of you if you want to approach the debt/ownership issue jointly, in my Oakland conference facility to discuss your options.
the police took some things from my home. the department of justice Calif. sent me a letter telling them to return them to me . i went to property/evidence and the cop wouldn't give them back and intimidated me . do i ask the D.A. or what do i do now?
You file a motion in court. If you don't know how, hire an attorney that does.
There is nobody get hurt in that accident from the police report. But The Truck driver sue me and the other 4 parties on 02/01/2012 including his own insurance company, his company. Right now I checked on website that the case status is closed and the DISPOSITION TYPE is DISMISSED. All party status is DISM W/O. The clerk said the plantiff did nothing. So I would like to know can the Truck driver still reopen the case? Is there any statute of limitation for him to reopen it? right now is 11.27.2012. is that means it passed two years limitation?
The statute of limitations is 2 years after the accident occurred. The question for you is what date did the accident occur? If it is more than 2 years ago the statute has expired.
John Ducey
732-458-5600
expunging record
I would like to know what i must do take something of my past off of my record. I am about to finish college and I do not need any set backs. It's been 10 years since the matter
Re: expunging record
Contact a lawyer in that jurisdiction.
Emancipation of a minor
If a minor, 16, in the state of washington wants to be emancipated, could the child be able to receive the financial benefits that the adoptive parents are currently receiving? Would this minor be able to move out of their grandparents house, who are currently the ones with custody?
Re: Emancipation of a minor
Persons who want to be emancipated show the court they have the resources to support themselves. Just part of being a grown person.
If the grandparents have custody they are getting support either from the state or from the actual parents.
If there is an adoption there is no support.
Hope this helps. Powell
A company director/partner syphons funds from a companies accounts and then walks away. The company has proof that the money has been taken, cheques bounced, payments not made etc. What is the action to be taken and how
Simply report it to the police.
I forwarded to my home email from my companies Email system mainly to provide a backup in the event the corporate system failed. In order to make it easier, I dumped all the emails into a Excel document and sent that home (instead of having to hunt and peck for emails that I felt I needed to save). My company became aware that I sent these Emails home. I met with our secuirty people and their main concerns were that I may have accidentally included sensitive email and sent that in a non-encrypted fashion. I believe they were also concened that I may have had ulterior motives to send those emails home. After we talked I believed they were more comfortable that I had no ulterior motives but still indicated I should not have sent them home. Legally, how wrong was what I did and can they fire me?
Every company should have some clearly announced email policy. Technically, if you take home so much as a pencil or pad of paper for personal use, technically that's theft unless your intent is to do company work at home and that is expected. When it comes to emails, yes things get very sensitive and tense, and if your system has security (anti-hacking protocols) on it, then you breached those protocols by sending potentially sensitive ("proprietary") information to your home computer. So, if you were not aware of the policy, or there is none, there are still some things you shouldn't do. Motive may be irrelevant because you did not get permission ahead of time. Unless you are responsible for the integrity of the system, you have no right to decide unilaterally how to protect emails that are on it. Without knowing more, however, and if you have no work contract or other protective work arrangement, you can quit or be fired at any time for any reason or no reason. Next time if you think you want to be a hero, ask first and get permission; don't wind up having to be asking for forgiveness.
The state of CT sent me a court form detailing a timeline of when documents should be exchanged between parties of a divorce. For example, financial affidavits were to be exchanged by August 31, 2012. I sent mine to my spouse's lawyer and have not gotten a copy of her financial affidavit. Are those dates firm? Or will this lawyer just show up to court in November with the documents without feeling to need to send them to me? I don't have a lawyer so I'm wondering how to compel them to comply if those dates are in fact firm.
The dates are firm in the sense that since the lawyer missed them, you can file certain motions against him which will screw up his trial strategy unless he complies. For example, you could file a motion to preclude him from introducing her financial information into evidence at trial because he didn't provide you with the affidavit. There are a host of other motions you could use against him. That's what you hire a lawyer for.
It sounds like you are referring to a "case management agreement." This is not sent to you by the State of CT. It's agreed upon between you and her lawyer.
Usually those dates are not firm. I don't know a lawyer who complies with the dates on a case management agreement. Nevertheless, you should file a motion with the court demanding that she turn over what you turned over in compliance with the case management agreement. Do not wait until her lawyer gives you her information. Seek out a court order by filing a "motion to compel."
Can a NY attorney represent me in a divorce if I reside in NJ?
Yes, if the case is in the New York Court system or if the attorney is admitted to practice in New Jersey and the case is in the New Jersey courts.
Yes, in a New York case. http://www.NYCDivorceCenter.com
My daughter was adopted by my 2nd ex husband in 2009 after a JAG attorney helpped us with the paper work and the peoples search for her biological father. The last time I had seen or heard from him was in July 2004. He never sent support in any kind. So the judge had no qualms about signing the petition. My question is now my 1st ex husband went and found my daughters iological father. I want to know if he has any rights at all and if I have to have contact with him. I dont want to get into trouble any where. This man is calling my house out of the blue at 1 am. and threating me that he "is going to get his daughter back" Which I dont understand to begin with since he never had her to begin with. I just need advice. Please
Have him arrested for harassing phone calls.
Can I sue all the members of the US Senate for the past 4 years,for not passing a balanced budget as required by law and hold them in contemp .The house has passed numerous budgets only to be shot down by the Senate?This is their primary job , balancing the budget,and they have all failed.As a citizen , I am holding them accountable for inattention to duties and failure to complete their job assignment within legal time limits set and would like to SUE ALL THE SENATE MEMBERS !!!!! DO I HAVE A CASE?
No. I won't try to explain the complicated rules about who can sue the government for what, but those rules do not allow claims like the one you describe.
A court cannot tell a senator how to do her job, just as she can't tell a judge how to do his. Such orders would violate the constitutional separation of powers.
A court order directing the Senate as a whole to pass a particular type of law would also violate the political-question doctrine, which says courts should stay out of most disputes about how the other branches operate.
Besides, if all citizens had standing to bring lawsuits like the one you describe, there would be thousands of them pending at any given time. Government officials would spend so much time defending the lawsuits that they could not do their jobs.
Let me add to what I wrote yesterday: Your premise that a balanced budget is "required by law" is incorrect. Many states have such requirements, but the federal government does not. A lawsuit to enforce a requirement which does not exist is doomed.
What's more, government employees are generally immune from personal liability for actions they take in their official capacities.
Privite party is the lean holder on a property. The property owner passed away one year ago so no payments have been made. Meanwhile the brother of the deceased rented the property fo $600.00 per month and has not given the lean holder any money. There is no will that gives the brother any rights to this property.
The lean holder would like to keep the tenants in the property and collect rents and hold the money in a seperate account while he proceeds with a forclosure on this property.
Is he allowed to do this.
It would help a lot in providing a good answer if we knew if this was a first, second mortgage or what, is there a provision for collecting rents in your mortgage, are their other siblings, what are the other lienholders doing, probate been filed for, why have you waited a year, who is being paid the $600 and who is living at the property, etc. Without this information I can not tell if you are entitled to collect the rents. You can foreclose, but if there are senior loans they get first crack at the money produced.
.
Mr. Shers would be hard pressed to provide more mis-information in such a short answer. It makes no difference what position your lien is in. All that matters is the terms of the lien. Is it a judgment lien? A mortgage? That is what matters and the absence of that information makes it hard to answer your question. Likewise it makes no difference what other lien holders are doing, or even if there are any, unless one of them has opened a probate case. Other siblings? Who cares? Creditors come ahead of heirs no matter how many and what degree of consanguinity. All that matters is does your lien have an assignment of rents clause. If it does, you can go to the tenant and collect the rents directly. If it does not, you have no right to the rents. That's all there is to it. Be careful, though, collecting the rents may be considered one form of action and it could open you up to the estate disputing your right to foreclose later. Also, ignore Mr. Shers' absolutely incorrect statement that senior loans get "first crack" at the money produced by a foreclosure. That is only true if the property is sold to satisfy a judgment lien under a writ of excution. If you have a deed of trust or other mortgage instrument securing a debt, senior lien holders don't get anything unless they foreclose themselves (which you would have to watch out for if you foreclose). Mr. Shers' incorrect advice aside, however, what really needs to be done here is a probate needs to be opened and an administrator appointed to take over control of the property, collect the rents, pay creditors and presumably sell the property to pay off the lien(s) and distribute anything left to the proper heirs. Anyone can open a probate and ask to be appointed administrator. There does not have to be a will (in fact technically if there is a will you appoint an executor, not an administrator), and the person who opens the probate and is appointed administrator need not be in any way related to the deceased. As for your closing question, the answer is "no." Unless he was appointed administrator of the estate, he has no right to do anything with the property or rents. An administrator would have the power to have him hauled into court and ordered to repay the money he collected, or if he is an actual proper heir, then to have his share of the estate charged with the money he took, usually along with fines and penalties.
I have several bank accounts which I share with my elderly father. His health is failing and I want to move funds from these accounts to protect all of the assets from being consumed by health costs. Is it legal for me to do this?
Do you have a power of attorney which allows you to make gifts to yourself? If not, then transferring dad's money, even if the account is joint, may have negative consequences. This is very fact specific and you've really got to be careful here.
Hello
My car was totaled in July of 2010 and the guilty party's insurance company awarded me $1600 for damages. The total amount for damages was split between 4 affected parties whose vehicles were also damaged and mine came to $1600. I signed and sent back the insurance company's letter of award approval in December, but every 3 weeks I have been getting notes from the ins. co saying that they are still waiting signatures from the other involved parties in order to issue the award amount.
I believe my award issuance has nothing to do with the others whether they sign or not.
Questions: How long can the insurance co keep postponing awarding me the $1600 I signed for?
Is there a way to pressure them to pay me now? Is there a legal time frame that they have to follow? What happens if one of the other parties would not sign because they want to pursue legal claims?
There is probably limited insurance available to cover the loss. The insurance company wants to protect their insured by making sure everyone signs off on the offers. You can go to Small Claims court against the negligent third party and get a judgment for the full amount of your damages. The insurance company may pay you then since you have a judgment you can execute against their insured.
Mr. Kuhn is correct. Stop wasting time with the guilty person's insurance company. Either file a claim with your own company for your full amount of damages, and let them chase the other insurance company for reimbursement, or as Mr. Kuhn says, file suit against the guilty party in small claims court. Their insurance company will then have to pay the judgment. If you go either route, though, be sure to send the guilty party's insurance company a letter revoking your agreement to the settlement for failure to promptly pay as agreed.
For an estate of less than $25,000. that had a will, do I need to file with probate in the state of Missouri? The only thing that did not have someone else's name on it is a series EE savings bond for $10,000.
Generally, nobody is required to open an estate for a decedent. It might be wise to file the Will with the Circuit court where the decedent was domiciled, in case someone else wants to open a testamentary estate. If you are a natural decendant, you can opt to not open an estate, wait a year and one day after the death of the ancestor, and file a Motion to Determine Heirship. That action (or opening an estate) may be required in order to get the EE bond trasnferred to an heir, rather than to the state.
Good luck
jointly owned property after divorce
A husbsnd and wife get divorced and their residence remains in joint name. After the divorce they are now joint owners. Does either have the right of partition or to force a sale? Are titling changes to be made after the divorce?
While they own it jointly, it is as tenants in common. Either party has the right of partition.
I have 2 children that currently I pay support on,both children were accepted to a boarding school where the will be living full time.all expenses will be covered housing, food, clothing, medical and dental.will I still be required to pay or can I have it modified
you are required to pay the support amount not the boarding school fees. I would think the school fees exceed the support.
John
Have repetitive injuries in hand, wrist and shoulder. Already had hand surgery for trigger thumb and now need major surgery on shoulder, but I am afraid to have the surgery. Can worker's comp drop me if I refuse? Do I have options and if I do have the surgery can I insist on having my personal physician? Thank you.
You have different options and it all depends if you decide to return to this job and what your restrictions and whether your employer can accommodate your restrictions. Feel free to call me at 213-388-7070 for a free consultation.
What is your options if you find your husband has remarried and not divorced you?
File for divorce or stay married to him.
I am living with my boyfriend in his home.We've been together for 8 years. A woman comes to the house for sex when I am gone.
What are my rights if I have any?
Unless there are written or verbal agreements regarding care and support, or an implied agreement of support based on conduct and expectations of the parties (a la Marvin v. Marvin), I am afraid you have no more legal rights than a roommate.
I am pretty sure my son has dyslexia, but as far as I know, has not be officially diagnosed. Is dyslexia treatment at a brain training facility considered a medical expense that a non-custodial parent is responsible to pay? The divorcement agreement states the non-custodial parent is responsible for 39% of the medical expenses of the children. It is not covered by insurance.
Hello. What you should do is contact a private attorney who will review the wording of your existing divorce document. It may be that you will want or need to take action to attempt to alter certain wording of your existing court order (a divorce decree is a court order). There are particular clauses and wording that may be used in matters of health care expenses (for minor children) which are not covered by any insurance. This website provides general information and not provide legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Phone: 612-296-9666
DIVORCE LAW
CHILD SUPPORT LAW
HEALTH CARE LAW
If I request termination of my attorney's services, in an attempt to change venue for child support - the attorney has taken over 20 months and the only thing that has happened is she has filed the documents - Is it a legal requirement for her to file a motion to withdraw?
Why would you 'request' termination? Does the attorney have a choice in the matter? Anywho, even if you flat out fire your attorney, as most people would do way before 20 months expires with little to no action on a case, then the attorney should file a formal written withdraw but there is no legal requirement that I can think of. However, this is more of an ethics question. If LawGuru has an ethics section you may want to try posting the question there. There may be some ethics rules that require the filing of a formal withdraw.
I have a 17 ye old daughter who was dating they broke up.and he went back to his ex.girlfriend.my daughter and some of her friends went to.skate park n they seen the ex boyfriend with his girlfriend and their friends.well my 17yr old daughter was.fighting the.girl and the ex boyfriend punched my daughter in the face threw.her n.the river n his.friend.pulled a knife on her she was.also told I know what u drive where u live and where u work.she doesnt want to press charges but as her mom I do can I press charges.on him without her
You do not have the option of pressing charges. The police and the county attorney do that. You can report the incident to police but with an uncooperative victim who was herself involved in the fight, the outcome would be in doubt.
For a child support hearing, doesn't all evidence need to be submitted to the court and opposing parties 5 days beforehand? If evidence is presented at a hearing without being shared, then shouldn't be disregarded by the court?
In theory yes, in reality no, it depends if there is a specific pre-trial order.
My experieice is that depends on the Judge. Some are strict, some are not.
What can I do if my commercial lease is not honored by my Landlord but allows another business next to me to sell the same product.
The lease you have with the landlord controls. Have it reviewed by an appropriate attorney and see if you can enforce it.
there is a capious out on the mother of my daughter she has been in contempt of court she found out
that the sherif is looking for her so she moved what can i do
I am not sure what your desired outcome is, but "the mother of your daughter" should contact the sherriff. Tell her, if she does it voluntarily, she will probably just have to meet the sherriff at court. If she does nothing, she risks actually being arrested and taken to court - possibly in cuffs, and forced to explain her situation in front of the court/judge/magistrate. Either way, the purpose of the capias is to bring her before the court and explain her (probably financial) situation. If she goes in voluntarily - this financial discussion usually happens with an attorney who's representing another party, in the hallway - no "cuffs" and USUALLY no need to go before the court.
She could also try contacting the person or business who sent the capias to the sherriff - usually the plaintiff in a civil claim. If she works something out with them, they can "recall" the capias from the sherriff.
am i liable to pay for a newspaper subscription after my term expires and they continue to deliver? i paid for one year only. they continued to deliver for 3 months after that. they say that i owe for the additional 3 months because it was their "grace period". thank you.
Yes, very likely so(in my opinion), if this so-called "grace period" was included as a provision in your initial subscription agreement.
My husband would like to adopt my son. How can I prepare to talk to the lawyer? What documents do we need to take to the lawyer?
Contact the lawyer and s/he will tell you what you need to bring to the
initial consultation.
Can I collect retractive pay if I was in a job that was misclassified
? Misclassified as what? If you are referring to a job subject to overtime that was improperly classified as an exempt position, then the answer is possibly yes. The law requires overtime payment for non-exempt employees even when an employer mis-classifies as exempt. If you are referring to some internal company classification that has nothing to do with legal requirements for pay then the answer is probably no.
Please note that the above general information is not intended as legal advice on the specifics of your situation.
In Illinois if a company is sued in small claims court, do they have to get an attorney? Can they counter sue for fees?
if the business is a corporation or LLC, then yes, they have to get an attorney. Counter sue for what kind of fees? attorney's fees? filing fees? if attorney's fees-- you can only recover attorney's fees if allowed by statute or a written contract says the losing party pays.
I can be reached at 312-372-5600.
I'd like to become a broker price opinion agent in the state of Georgia. Do I need to be a licensed resl esate agent, or just a certified bpo agent?
Call the real estate commission and ask.
A restaurant named Down to the Bone in Brandon Florida was scheduled to do catering for my wedding next week june 11th 2011. My finace and I decided to cancel the contract today since friends decided to provide the food for us. The catering service refuse to give us our share of the money we paid which is about 1400.00. The owner says he will pay us in increments over a 90 day period. We explained that we need this money today to cover other expenses. The owner offered to pay only 1000.00 as a settlement. We explained that we need all monies that has been paid to him. The contract says monies are non refundable if it's 5 days prior to event date. Since we cancelled contract today 6-1-11 and the event is 6-11-11 we should still be able to get the full refund. What should we do in a situation like this?
If the restaurant, by refusing to make a full refund, is clearing breaching a contractual agreement for the catering service, your best option for getting a full refund is likely small claims court in your county. However, that process requires 60-90 days and perhaps longer. The restaurant appears to realize your need for the funds asap and will use that lever to force a settlement from you of less than the contract amount. So, if your description of the contract is accurate, you have a legal right to a full refund, but forcing the restaurant to fully comply may require court action. You would be entitled to court costs, interests, and any other costs, but, in your situation it is still a difficult decision for you to make, considering your other priorities and the unreasonable position taken by the restaurant.
As a Franchise Attorney I agree with the other attorney answer. It comes down to deciding (a) take the $1,000 now; (b) hopefully get paid $1,400 over 90 days; or (c) sue in small claims court for $1,400, get a judgment and hopefully collect on the judgment. If you really need the cash, the $1,000 now seems best. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
My grandmother who had senile dementia just died. My uncle who had been visiting had made her move in with him will not let us have here recipes or anything else. I'm wondering if we should get a lawyer to find out about her will. She has had dementia for many years and I'm sure that he has scammed money out of her. What kind of lawyer would we need. Also how would I find out if she had a will and if not what happens to her things?
Any potential "heir at law" of someone who has died is allowed to sue in Probate Court for administration of her or her estate. The person who files can also ask the court to appointment them as legal representative of the estate. After a substantial amount of paper pushing and notices which must go out to other potential heirs and creditors, you can eventually achieve a legal status which will allow you access and control over all property of the decedent (legal term for your deceased relative). Parties who are in possession of a will are also required by law to file it with the probate court, subject to potential jail time if they don't. Therefore, if nobody comes forward within a reasonable amount of time, you can administer the estate under the rules of intestate succession without a will, dividing the estate between relatives depending upon degrees of kinship. You should retain an experienced litigation lawyer who does probate work for a case of this type. My comments here are intended to apply to similar situations commonly faced by many, but not particularly to your case, and are offered for public education only. You should therefore consult with your own lawyer or consider retaining one. Since I am not yet your attorney, I will not be taking any action on your case unless you retain me. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. You are welcome to contact me with further questions at my Racine, WI office at 262-633-3090, or e-mail me at [email protected]/* */ See me on the web at www.jayknixonlaw.com. See over fifteen hundred of my past answers to legal questions arranged by topic at http://www./answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials.
