Wednesday, 19 November 2014
If you could be a superhero who would you be and why?
I would Be The Human Torch From The Fantastic 4.
Because I love Johnny Storm and His powers Are My Favorite Of All Of The Fantastic Four.
I live in California and am being sued civilly by someone in Florida can I be forced to go to Florida to defend myself?
I live in California and am being sued civilly by someone in Florida can I be forced to go to Florida to defend myself?
Answer
From Florida Attorney Byron Petersen:
You ignore the Florida law suit at your own peril. An order might be entered against you in Florida which would then prompt your adversary to seek you out in California in order to "domesticate" the order against you, asking the California court- in the process- to permit your claimant to chase you in California.
There are limited circumstances where a Florida court may have the "power" (the "jurisdiction"), to enter an order against you. For example, committing a tort or similar wrong- even business wrongs- in Florida or, for example, a suit based on wrongs committed out of state but damaging a Florida resident, in state. Also of course, if you resided in Florida at the time of the alleged wrong, a Florida law suit can be entertained against you.
Your question cannot be adequately addressed without a review of the Florida court filing(s) and a conference with a Florida attorney. In closing, I would note that if the Florida court acts wrongfully in enforcing a suit against you, a California Court (under extremely restrictive circumstances) might consider the Florida action void- but that is usually an uphill battle. The courts in one state usually bend over backwards to honor court decisions in other states. This is what lawyers and judges refer to as "comity". For advice concerning California law on the enforcement of foreign (Florida) orders/judgments you will need to contact a California attorney.
Good Luck. Byron Petersen
Answer
You cannot be forced to go to Florida, but if the lawsuit establishes a basis for the suit then you can have a judgment entered against you in Florida. As Mr Peterson points out that can end with a Judgment being enforced in California. Seek legal guidance.
Tuesday, 18 November 2014
I was offered a job in another state, which after losing my current job I felt I needed to take. As a result, my husband and I needed to mo...
I was offered a job in another state, which after losing my current job I felt I needed to take. As a result, my husband and I needed to move out of our apartment before the lease was up - it stipulated that we need to give 60 days notice, which we did. The landlord is now saying that we are responsible for continuing to pay rent until they can find a new tenant, which we have been helping to do (I ran my own ad and have been showing the apartment to people) but have not yet succeeded. I'm a little suspicious that they're just rejecting potential tenants we send to them without even checking them out, but regardless, it's getting close to the end of the 60 days and there isn't a new tenant yet. So my question is: do we have to continue to pay rent indefinitely (or until our lease runs out, which is the better part of a year) or is giving notice enough?
Answer
It depends partly on what your lease says. You may be liable for the rent until a new tenant is found or the lease runs out. The landlord has an obligation to try to find a replacement tenant, and will need to show they made a good faith effort to find one. If at the end of the lease term the there still was not a replacement tenant, the landlord can then sue you for the rent from the months the apartment was vacant.
My son is 25yrs old,splitting with his babys momma,how does he get joint custody?
My son is 25yrs old,splitting with his babys momma,how does he get joint custody?
Answer
He needs to hire an attorney. It's far too complicated a matter to address on a message board.
Getting a divorce the wife wants the house and 25 of all retirements and spousal support. we are both employed she makes 50k and i 73k hous...
Getting a divorce the wife wants the house and 25% of all retirements and spousal support. we are both employed she makes 50k and i 73k house is paid for and she also has a retirement. we are in the disclosure part of the divorce what is next?
Answer
If she makes 50k and you make 73K , it is unlikely that a court will award her spousal support. You are each entitled to around 50% of the marital estate,
Equitable distribution in PennsylvaniaMy friend has been married for 30years, living in the house her husband bought before marriage. Is th...
Equitable distribution in Pennsylvania
My friend has been married for 30years, living in the house her husband bought before marriage. Is the increase in the value of the house during the marriage considered marital property and therefore subject to equitable distribution in Pennsylvania divorce?
Answer
Re: Equitable distribution in Pennsylvania
Absolutely.
Good luck to her.
Answer
Re: Equitable distribution in Pennsylvania
If the parties have been married for 30 years, in most counties, the entire value of the house would be marital.
8 years ago a member of my family died, in his will I was to inherit property handed down from my Grandfather/Grandmother. I was overseas se...
8 years ago a member of my family died, in his will I was to inherit property handed down from my Grandfather/Grandmother. I was overseas serving in the military at this time and was somewhat surprised to learn that all family property went to his wife. It was only recently I found out that 60 days before his death (while he was hospitalized and on pain medication) his will was changed to make his wife the sole beneficiary. My question; is there anything under Louisiana law that can be done at this time?
Answer
It may be too late. However, if the witnesses to the will and/or any of the doctors or medical staff that were attending the person would be willing to testify under oath that the person was incompetent to execute the will, then you might have a chance. Of course if either witness or a member or 2 of the medical staff say he was competent, then that ends that. 8 years later, who would remember? Finally, the court is supposed to try and uphold a will as valid, so your evidence would have to be very strong.