I was assaulted by a friend who i worked for wjich resulted with me breaking my leg.
Answer
You haven't asked a question.
I was assaulted by a friend who i worked for wjich resulted with me breaking my leg.
You haven't asked a question.
I recently checked my bank account and noticed 3 months worth of fraudulent charges that were made on a particular website that charges to post classified ads. (I know, I should have been checking my account on a consistent basis). I notified my bank of the fraudulent charges and canceled my debit card. I know who used my debit card number and made the fraudulent charges. What kind of legal action can I pursue against her and what kind of legal trouble can she face?
Very simple- Head to the local police to make the report.
My employer wants me to sign a paper stating that I owe them for a product that got messed up by mistake. If I do not sign it they stated that it is considered a resignation. Is this legal?
Be careful signing this document. Depending on which state you are in, an employer can fire you for any reason other than discrimination. If you sign this agreement, you may be giving them evidence to use in a criminal or lawsuit against you. You may need to speak to a lawyer to review the document.
I purchased a comic book from a convention last year May. I had the comic book signed by Stan Lee, and had the comic book sent off to be professionally graded. The company that I sent it to have graded just recently notified me (after month of me unsuccessfully trying to contact them) that there was a shipment of comics that went out to be graded that was lost in the mail, and they are trying to claim this on their insurance. I honestly think they are lying and sold my comics. Nevertheless, is there anything that I can do legally to this comic book company?
You can travel to their state and sue them, probably in small claims court.
What is is worth, on the high end? Comics is definitely not my thing, but I believe Stan Lee's autograph is definitely not a rare, valuable autograph. Then consider trying to sue them. Even if you could sue in your county in small claims, you are looking at putting more money out to file the case, serve them out of state ($$), and then be your own lawyer and try your case. Even if it could be $1-2,000, your time is likely much better spent on social media voicing your complaints (in a polite, professional manner). In addition, next time you mail something make sure YOU insure your packages too.
If I signed a lease for an apartment starting June 1st 2015 through May 31, 2016 and gave the landlord a check for $560, which he is allowing me to move in on May 15th, Friday, and a check for the last month's rent next May for $1,025, can I get out of the lease, as I did not move in yet and it did not officially start yet? There is a signed contract and money has been exchanged. They also did some painting.
I do not want my money back, I just do not want to make the move any longer.
The state is Massachusetts.
You signed a lease, and assuming it was more than a couple of days ago, the Landlord will expect something for terminating the lease. It may cost you one months rent more to terminate the lease. I would contact the landlord and tell him you do not want to move in and want to cancel the lease and that he can keep the deposit. He may let you out. If he does, get it in writing.
Good Luck.
Agreed. Contact the Landlord immediately and nicely explain the situation. If you are willing to give up what you put down, he may let you out of the lease. As my colleague noted- get it in writing.
is a document (homeowners policy) legal if not signed and dated by the insurance agent.
I would have sever issues with that. If the agent never signs anything, then there is no evidence that he or she came to that agreement. I would be very concerned about this barring other form of evidence there was a meeting of the minds
Can they take out child support from a bonus check when they already taken it out your regular pay check
Like many answers to legal question, the answer to your question is "it depends". I suggest you discuss this issue with the lawyer that represented you. He or she would be in the best position to advise you of the answer.
was incarserated on october 24, 2014, I was not released until December 18, 2014, I had a child support hearing on December 9th, the day I was released I looked online and had a purge for contempt, I was put back on probation I really dont want to go back to jail
Not information to make an opinion. You need to talk to a local attorney and relay all information.
I was in the process of looking for a car and my dad's friend said that he would loan me money to get a car. Well instead of loaning me the money he just went out and purchased a vehicle from a private seller without notifying me first. I was not able to test drive it or have it officially checked out. He just up and called and said come pick up your car. After driving it only twice, a flashing light came across my dash. I took it to a mechanic and the transmission is bad. My dad's friend told me everything was fine with the car and turns out things are not fine. Am I able to return the car to my dad's friend without any penalty? Would this be considered fraud since he told me the car checked out when it actually did not?
No, not fraud on these facts but surely a certain level of unwarranted presumption on the part of father's friend which should justify your returning this
apparent "vehicular lemon" to its original purchaser without penalty
(per my opinion).
P.S. Hopefully you will be able to work amicably through your dad to accomplish this return to his friend without stirring recriminations or other adverse emotions in either.
Situation in brief:
Family of 2 offered applied for approval to rent my apartment in Miami condo. We submitted application to the Board for approval. Prospective tenants were rejected due to the low credit score, wife 750 and husband 650. I own this Condo for 15 years, its paid off and never violated anything. Question: how legal is for Condo to reject prospective tenants due to credit score of one of the family while other family member has it 700+.
Credit scores issue is not mentioned anywhere in governing documents as a criteria for approval and Board placed this 700+ requirement on application at the top.
As of my understanding and research Board actions are illegal.
If the Board has right to approve or deny tenants, it probably has the right to define the objective criteria. Credit is considered one "non-discriminatory" screening basis. However, the Board's rules must still be reasonable, and not arbitrary or capricious. You might want to ask for a copy of the board rules. If there is a rule requiring all occupants to have a minimum credit rating, then you may have more of a problem challenging it.
If a person enters a vehicle without permission from the owner, and finds marijuana then calls the police, is that grounds to obtain a search warrant?
It may be. A reliable and identified informant who provides credible and specific information may provide sufficient probable cause for a search warrant to be issued. Such matters must be reviewed based on the particular facts and the affidavit supporting the warrant must be reviewed.
For a consultation call 612.240.8005
Been divorced for 3 years. ex hubby got everything. my name is still on 2 mortgages with him and on the deed to the house 2.12 acres. He has never refinanced. he pays all payments but my income to debt ratio is outrageous! Can I force him to buy me out? Property is in MD. were married for 27 years. I helped build the house even.
If he refuses to buy you out you can file a court case known as a partition action. You would ask a court to appoint a trustee to sell the property. Your ex would claim he's entitled to reimbursement for the post divorce expense--interest on the mortgages, taxes, capital improvements, etc. You should have resolved this issue as part of the divorce--now it's going to be much more expensive and cumbersome. With today's low interest rates, it would be much smarter for him to refinance and, if there's enough equity in the property, buy you out for an amount that you can agree upon.
I am 17 and i have been niglected by my mother, i have basically raised myself and my younger siblings. My dad was in prision all my life until recently...Now he has custody of me and my sister. But i hate living here...i feel mentaly abused. How can i leave home with out parental concent at 17? I have a place to go.
No, you are under the care and control of your custodial parent until you reach 18. I would recommend you discuss your situation with your school guidance counselor, who can offer you advice about local resources that may be able to assist you. Depending on your circumstances and, locally what your judge tends to do in such cases, emancipation may be an option.
How do you obtain a car title for a car without prrof of ownership. I misplaced the bill of sale.
At the time you bought the car the seller gave you two things, and the other was the signed title. That is the only legal way to sell a car. Title cannot be transferered without it. Take that to the tag office.
In California, if a husband signs an unsecured promissory note, is the wife also responsible for the debt if she did not sign it (and/or had no knowledge of it)?
Yes, to the extent of her interest in the community property of the couple, because the same way assets automatically become community property, so does debt acquired during the marriage. If she has assets that would be legally separate property in a divorce, however, those assets would not be available to satisfy the debt.
I bought a house with a voluntary HOA. Previous owner did not did disclose that house was in the HOA and continues with future owners. My contract papers that I signed did not say I was in an HOA. A year later, the HOA showed up on my doorstep to collect dues. They said the house was in the HOA as previous owner joined. They also said that the house was registered with the county that the house is part of HOA since previous owners joined. Am I obligated to be in it and pay?
Yes. You messed up badly when you bought your home. When you buy a home it is important to have your own lawyer (not the closing lawyer who works for the bank). He would have checked the title and disclosed the details. You get to write a check assuming that is what the HOA documents say.
I live in a three family house. There is a common laundry area beneath the house in the garage/basement area. I recently installed a camera and recorded the third floor tenant using my washing machine without permission. I suspected it was being used because I use that area as an exit/entrance for work and have been checking my washing machine. I plan to tell the landlord but the caveat here is that the third floor tenant is his sister! What are my legal options if he doesn't want to do anything; protecting his sister?
If the landlord wants to allow his sister to use the washing machines he can, without violating any of your rights under your lease. The only way you would have a point is if your lease stated that the sister cannot use the machines. Or, if you want to claim that her use of the machines is prohibiting you from doing something under your lease. Otherwise, there is not too many options for you unfortunately.
I had a accident in my car which is under me and my fathers name and I had no insurance at the time my license got suspended and also found out his too which he had nothing to do with the accident I was alone that that. Why would they suspend his too?
They will suspend the license of all owners of the vehicle.
I gave birth to my son 5 years ago via C-section. When I first saw him I noticed a small cut on the top of his head that was supposed to go away. The cut is still there 5 years later, growing bigger and now starting to bother my son mentally. Is there a time frame on filing suit??? Do I even have a case?
You and your son may have a claim, BUT your time for filing is almost over. You need to act immediately. It would be best if you sought out the counsel of an attorney who specializes in medical malpractice to have the case evaluated for liability and damages to see if it's worthwhile pursuing. But you must do it now or the claim is barred.
Hired an attorney now he is not returning my calls or email. What do I do?
I hired my attorney for a few cases, I paid him money upfront to start and the remainder to be paid on contingency. while I caught him lying on may occasions he would always promise me that it was mistakes. My cases are still in the middle of litigation and now he is not returning my calls nor to my emails. I feel betrayed and most important I'm trying to figure out how to get my cases resolved. What are my options and what is the best solution?
Your attorney does have a duty to communicate with you, and you also have a right to terminate his services if you are unsatisfied. However, the extent of your attorney rights to payment if the cases result in recovery will be determined by the Retainer Agreement, which may be ambiguous as to what his fee would be in the event you replaced him with another attorney. I would suggest looking closely at the language of the Retainer Agreement. If it is not clear, the amount that would be due to him would either be determined by the court or you could submit the fee dispute to mandatory arbitration through the Appellate Division pursuant to 22 N.Y.C.R.R. Sec. 137.
The bottom line is that you have the right to terminate the attorney's services, but he is still entitled to payment for any services rendered to the point of termination, and the amount of that payment may be ambiguous. If you like, you could email me a copy of the Retainer Agreement, and I could give you my input on how it is likely to be interpreted.
If an out-of-court settlement is reached between Plaintiff-to-be, can the defendant's insurance carrier pay the settlement amount to Plaintiff's family member's name, rather than to Plaintiff's name, as long as Plaintiff requested/consented to it? ...or does the check have to be made out to Plaintiff's name?
As long as there is agreement, payment can be made to anyone. Doing that may cause serious complications and unintended consequences, tax issues among them, but there is no legal reason a claimant cannot settle their claim in exchange for payment to someone else.
Shortly after we moved in, a convicted felon moved in next door. Do we have rights as tenants to break the lease if we feel threatened or unsafe?
Not unless there are rules and regulations which are breached by the individual's status as a convicted felon.
I had a hearing earlier this week where I sued for a $2,000 bonus that I never received from my old job. I was rewarded $1100 + legal fees. After the hearing, I realized my previous employer used made up and false documentation to make me look bad. Luckily I still won the hearing but now that I can prove he used false documentation. Can I sue him again for the rest of the bonus I did not get as well defamation? He embellished another coworkers progress to make me look bad in comparison. I have the real documentation of what he forged and can easily prove.
U had a hearing in what forum?
My mother in law dies recently. Before she died she established a revocable trust naming her daughter and her son as equal (50-50) beneficiaries. In an amendment she stipulated that ownership of a vacation condominium was to pass entirely to her daughter. My question is..does the amendment remove the condo from the trust and its value is not considered when dividing the trust assets equally or does the condo remain in the trust and its value is considered when dividing the assets equally?
This will be a matter of interpreting the documents and you will need an attorney to consider them. Depending on how specific she was and how well the attorney addressed the issue, it could go either way. If I had to guess, without any more information than you have stated, I would go with the condo being conveyed and the other assets still being divided 50/50.
What is there to expect when a person is arrested by their probation officer for a technical violaton of probation?
Living in not so sunny florida (land o lakes county jail)
It's impossible to say without more information. The outcomes are very different based on the type of charge, type of probation, judge, and type of violation. In general you will be held until they set a court date at a minimum.
I was shoplifting at a grocery store and the manager got my tag number, will I get arrested?
It is very possible. It is also possible that a police officer, or someone else, will try to question you about this incident before you are arrested.
We don't know whether any witness actually saw YOU do the shoplifting. If the only evidence is that your manager got your tag number then they do not have enough evidence to prove that you were the one shoplifting. All of that could change if you say anything. Admitting to the shoplifting, or even that you were there or that no one else drives your car, could be enough to get the case to stick against you. Of course, if someone can actually testify that they saw you do the shoplifting then that is another matter.
Do yourself some favors. First, do not talk to ANYONE about this case (except a lawyer), including posting things online or on social media. Second, do not return to the store; they may ban you from the store and returning to the store might result in a trespassing charge. Finally, if anyone does try to talk to you about this incident immediately tell them that you wish to invoke your right to remain silent, that you want a lawyer, and that you refuse to answer any questions.
salam sir my marriage was dissolved by cruelty, later on cruelty was not proved in Senior Civil Judge ( case 337A) and also in High Court, The Complaint against me written in ROSNAMCHA in Police Station. Doctor in MLC she writes patient statement (Patient k khne per doctor ne report likhi) that pain in head,Teeth and all Body, Swelling in Nose, Now sir i writ in High Court to remove the cruelty, sir kindly tell me what should we do to remove the cruelty and tell me some AUTHORITIES, 14.5.15 is the hearing date of High Court., the case is adjourned and next date is fixed 21.5.15, sir also told me kia complaint ROZNAMCHA me darz karne se Cruelty sabit ho jati ha,
Regards
kamran
You posted your question under Oregon law, but it seems to be about the law of another country. LawGuru does accept questions about the laws of many other nations, so you should re-post yours under the appropriate country. That way participating lawyers from that country will see it (few if any of them will see questions posted under Oregon law), and future users from that country with similar questions will be more likely to find it.
Good luck.
Hi, I recently bought a house as well as the lot next to the house but am receiving 2 seperate tax bills. I was told I could lower the bills by combining the property but that I would need to write up a deed to do so. How do I go about writing a deed for this situation? Essentially I believe that I just need them under the same title. Not completely sure, I just know that I need both lots combined into one.
Thanks,
Nicholas Perry
It's not simply "writing up a deed." The parcels need to be merged before you would have one tax bill. I don't know that you will necessarily save any money by doing this, but you will likely need the assistance of an attorney to do this.
We are in a lease until December 31, 2012. Our rental management company notified us today that our home was being put up for sale this weekend by the owner. I've read different things but am wondering if we can get out of our lease because they are putting the home up for sale. There is nothing in the lease about selling other than giving them the right to put up signs or put a keybox on our house. We're in Texas. Any help is appreciated.
We really need to see your lease.
But ... the general rule is that the new owner will take the property subject to the rights of anyone who is currently living there; basically, he steps into the shoes of your landlord, and he has duties (and rights) under the lease. Talk to him and see what he says about you getting out of your lease.
I have a judgment against me in dauphin county, penna. the judge ordered me to make monthly
payments of $150.00. my last payment is july 2015. is there anything i should do after the last
payment is made. i keep all my cancelled checks. had meeting with judge in april 2015 to show
him all my documents. thank you
You'll want to have a satisfaction of judgment filed. It will be signed by the person to whom you've been making the payments. You'll probably get stuck for the filing fee.
John
Hi, I agree with the answer my colleague gave you. The only thing I would add is to arrange for a simultaneous exchange - the last payment in exchange for a Satisfaction of Judgment in recordable form. Otherwise, you will be running after the Judgment Creditor for the Satisfaction piece.
Kindest regards,
ANDREA
Do I have to pay my husbands judgements at settlement when we sell our house if I bought the house solely prior to us getting married?
Docketed judgments are liens on real property owned by the judgment debtor. The answer to your question depends on how the property is titled. If you husband is on the title, the judgment is a lien on his interest in it.
See also: http://info.corbettlaw.net/lawguru.htm
my mother died and my sister who lived with her is in jail. There is a mortgage on the house. What should I do?
Contact a local probate attorney Right AWAY.
if a child molestation occured 8 years ago in ga. is it to late to file charges
it depends on when the child turned 18 years old. You need to research statute of limitations, or even better schedule a consutl with an experienced attorney. See website: www.lawrencelewispc.com Good luck.
My question is I live in Ohio my ex Fiancee was charged with running a meth lab out of our apartment while i was working third shift,now the ex landlord is trying to get me to pay half of the clean up bill for this lab. I was never charged with this crime so i dont know if i should pay half for the clean up or not can you please helpme
In Ohio, whether you owe your landlord for clean up costs has nothing do with the criminal law and/or whether you were charged. If you signed a lease with the landlord (in which there was a joint and several liability clause) agreeing to return the apartment to the landlord in the same condition you received it, reasonable wear and tear excepted, and if the apartment was returned in a condition that did not meet that standard, then you are likely to be liable to the landlord for the entire amount of the damages, with your only recourse being a suit against your ex fiancee for the damages he did.
If my storefront sign is in a language other than English, do I also have to display an English translation by law?
It depends. If your store is a place of public accommodation and resort (e.g., a restaurant) then failing to post in English is discriminatory and you might be sued by a radical right wing organization for civil rights violations. If not, then frankly, a pox on your house and all that dwell within it.
Can an employee garnish your wages without a court order? I was not received any court order papers on garnishment and on my check it said garnishment of 265.00 and my employer said they didn't know what is was for and to check my job email for what the garnishment was for and theirs no email on any garnishment. They said I have to wait a few days until they find out what the garnishment is for. Is this right?
Maybe. Maybe not. We can't possibly know why your check was garnished and a guess won't help you. You mention you have not received a court order on garnishment, but curiously don't tell us whether you are aware of a judgment or court case against you to collect a debt. Most people would know whether they are being pursued for a debt and, if not, would tell us that. You need to get to the bottom of it with your employer and find out the reason, or call/visit the local county court clerk's office to check for lawsuits and cases.
My son has a 10 month old son with his girlfriend. He just found out, he is not biological father. The biological father has asked for paternity test and legal rights.
Does my son have any rights whatsoever in being able to still see and care for the child that he has been raising. He is a stay-at-home dad.
Possibly he did actin loco parentis for over 6 months,so he is entitled to file for custody exactly how it will turn out is impossible to say. HE needs to sit down and discuss what his custody goals are and how ge can achieve them.
where is the child located?
John
I have received permanent nerve damage from my wisdom tooth extraction.
4 months ago went in for a routine wisdom tooth removal on all 4 teeth. I was not notified of any nerve damage that may result from the surgery. Immediately following the surgery I started having numbness and a lack of feeling on the left side of my tongue and total numbness on the left side of my bottom lip down my chin. It has not gotten any better since. I have talked with two oral surgeons who said they would not have done the procedure due to the risk of nerve damage.
I drool from the left side of my mouth, have difficultly speaking property and have problems eating, along with an infrequent plain on the left side of my mouth.
I have also received my bachelor's degree in journalism and had dreams of being a radio reporter, which is not longer possible.
So:
-No notification of risk from surgery
-Permanent nerve damage
-Infrequent pain, complete numbness, and difficulty eating and speaking.
-Damage to career.
Do you think I have a case for a dental malpractice suit?
Hello there--glad you wrote even though (or precisely because) you're so miserable. Yes, you may have a claim. How strong it is, and how much you might recover, depend on an expert analysis by one or more experienced oral surgeons.
I make no claim to be such an expert, but parasthesia is indeed a known potential consequence of surgery to remove a third molar. Some factors affecting that risk, and thus the choice whether to remove a third molar, are the tooth's degree of impaction, its present or potential effect on neighboring teeth, its position relative to the nerve, and how much bone has accumulated around it. Also, as you may already know, altered or diminished feeling due to surgery-related nerve trauma may abate within months to a year, and only in a small minority of cases is the damage permanent, so you may yet recover some, most or all of the feeling you've lost.
If most or all the nerve damage is permanent, that leaves us with the liability question. Experts will examine you for what sort of damage and what it was about hte surgery that led to it; the latter especially may be less than obvious and therefore debatable. What did your dentist say warranted the surgery? Were the teeth causing you pain? A lot? Which ones? Were they pressing against neighboring molars, affecting your bite, jaw movements or speech? (I know, molars don't often do those things.) Did you get a second opinion? (Don't feel bad, most people don't.) The other side will ask you whether you'd have gone through with the surgery had the risks been explicitly stated; everyone has 20/20 hindsight, so you'll have to search your soul, and the best time to do that is before you start down the road to litigation.
All that said, it sounds like a case worth a closer look. I'd be willing to review the medical records, show them to an expert, talk with the two oral surgeons who gave you their take, evaluate the case with one of the extremely seasoned malpractice counsel I work with, and give you an opinion of the merits of this. All without charge, that's how contingent fee arrangements work. I'm an experienced lawyer licensed in Va., Md. and D.C., former DOJ litigator, with a practice representing ordinary people in civil rights, consumer, personal injury and elder law. Please feel free to write or call in confidence. My phone is (202) 642-1431, and you can leave a detailed message if I don't pick up. It's your decision what to do next, whether to pursue this and which lawyer to choose if you do consult one or more. This won't be easy, but let's take a better look and see what's realistic. Bravo for standing up for your rights. --Steve Pershing.
I'm on title and loan with my sister house - is it possible to sell the house if she does not want to.
The only way to sell a property with more than one person holding record title to it is either by agreement or by a court proceeding called a "partition" action. A partition action is called that because in ancient times the courts actually divided the property. In modern times with modern subdivision, planning and zoning laws, they no longer do that. Rather the court orders the property sold at sheriff's auction, just like a foreclosure. Then any mortgages are paid off and the court divides what's left among the owners. As you can imagine, that process results in WAY less money than if the property was put on the market with a real estate brokerage and sold, not to mention the wasted time and the cost of attorneys. So most people come to their senses and agree to sell, or to buy the other person out if possible, rather than go through with a partition case.
My children are 7 and 9. Every other weekend when they stay with their dad they call me crying, wanting to come home. He won't let me come get them, he just yells at them to stop crying. Often I have to try to persuade my daughter to go. She will hide so I can't take her and cry inconsolably to the point she is hyperventilating. It's heartbreaking, and seemingly cruel to make them go. Legally he has them every other weekend, but can they make the decision not to go?
You are in a delete care situation. If the children continue to show reluctance to be with their father, you may be suspect. The doctrine of alienation of affection, is how mothers lose custody, and begin paying child support, where previously they were the recipient.
Once the children turn 13, they can begin having some say in where they like he and when they visit. If a child appears to be avoiding the noncustodial parent, prior to 13, the custodial parents comments and actions can come under scrutiny. Be very careful what you say or do around your children. An offhand comment about their father, or about the vusitation Order may be used against you.
If you suspect that the father is abusing the children, you should seek to have it investigated. Otherwise, ignore any urge to interrogate th children about what they while at their father's home. It is viewed as not being your business, and sometimes assumed to be an effort to alienate the children from their father.
Good luck
Can my friend sue the Saturn co for air bags that did not deploy Plus can she sue the person who fixed the car and maybe the air bags . She was in a bad accident.
She may have to sue them both, in order to find out which party was truly at fault. I handle such claims, and would be glad to hear from your friend if you want to suggest she call me:
Jonas Jacobson
617-230-2779
can i file an exparte in family law ( which i have an open case ) while a case is pending in dependacy court
It depends on what the ex parte is for. Dependency court jurisdiction supersedes family court jurisdiction in matters involving the child or children who are subject to dependency proceedings.
Hello. I currently have 4 judgements on my credit report. 3 are paid and one isn't paid. I would like to know if there is any precedent in Michigan to have the paid judgements vacated so they can be removed from my credit file. In regards to the unpaid judgement is there any time limit that creditors have to collect from you? I was told by one source that they have to collect in 6 years in Michigan or it goes beyond the statute of limitations? I don't know if this is correct or not. The judgements were all filed in Jackson County.
A judgment has a 10 year period of limitations that can be extended to at least another 10 years and can be tolled (stopped) in certain situations. Fore example, if a judge grants an installment payment plan that stops the 10 year running. I am not sure why a judgment would have to be vacated other than if there is an agreement with a creditor to do so but unless the some defect in the issuance of the judgment I know of no law that will allow it to be vacated. A paid judgment would be noted as "satisfied" on your credit report.
I live in a 1st-floor condo. The floors of the condo above me are creaky beyond belief, not just your standard "I can hear them walking around". It is loud to the point that it sounds like something is breaking. The owner lives out of state (there are renters living in it), and simply refuses to do anything about it, or flat-out ignores the phone calls when my Association calls him. Our Association lawyer gave him 30 days to something, but as I said, he simply ignored it. The second step would have been to take him to court, but I'm told the whole building has to pay the legal fees (which makes no sense to me). Can I get a lawyer myself to handle this without dragging the rest of the building into it?
You could consult with your own lawyer to determine whether there is a viable cause of action that can be brought without the association's assistance. If you do have a claim, you will have to evaluate whether it is worth it to proceed. Attorney's fees can be quite high in litigation, especially if the owner puts up a fight.
Usually in this situation an association would just fine an owner into compliance (assuming some rule is actually being broken).
My bank card was used without my permission. How long do I have to file a police report in Maryland.
There is not a deadline per se, but the longer that you wait, the less credible your report might seem. In other words, do so as soon as possible.
Hello, By Nigerian law, can i be awarded full custody of my son as a single mother who has never been married? I have a 2 yr old son who's father (my ex-boyfriend) has refused to acknowledge. I live in Nigeria with my son but my ex is in south africa. I have been solely responsible for my son from day one but i live in the fear that his father will wake up one day and try to take my son from me. Do i have any legal recourse to be granted full custody on grounds of abandonment or such?.
If you are a resident of Nigeria, you would need to seek the advice of a Nigerian attorney. This post has appeared in Georgia and Georgia law does not apply.
As a Canadian citizen, would I be permitted to search for and interview for jobs in the United States as a tourist? I have recently studied and worked in the US on F-1 and OPT. I also have family and friends in the US.
Yes, you can attend meetings on a B-1, but you would need an H-1B or TN, assuming you/your position qualifies, in order to be able to work as a non-immigrant.
I owe on a loan for a timeshare in Freeport bahama and im letting it default can they sue me here in the US and get a judgement and if they do get a judgement can it be enforced here? so far just their collection company here in the US is bothering me?
As a Missouri resident, you can be sued by n the county where you live. A judgment may act as a lien on real property you own in Missouri. They may also be able to register a Bahamian judgment here and get the same result. Either judgment may be used to garnish your wages and bank accounts.
Good luck
When renting an apartment in California and the outgoing mailbox has been vandalized to the point one cannot securely send outgoing mail, how long does the landlord have to fix the problem?
There is no legal requirement that a landlord provide an outgoing mail box at all.
I've been left land along with 2 other siblings. I want to have my third surveyed off before its deeded as a whole with all of us listed on a deed. Is it legally possible to have a third of it surveyed off and deeded to me alone without surveying the entire parcel? Its been surveyed many years ago.
This seems to be related to the other question so I will repeat my answer:
Generally, there is no right to separation of inherited property. The land is transferred to the heirs and its up to them as to what they want to do with it. However, I can tell you from experience that it is a BAD idea for multiple people to own a piece of real property when they are not married unless all property owners can agree all the time on everything (like maintenance, taxes, insurance and use of the land).
The property either should be sold or subdivided so each person can do what they want with their acres. However, you want your piece parceled off and are only willing to pay for that. The problem with land is that land is unique and many times it cannot be fairly divided (one part may have a house or a creek or a swamp or timber).
Can your brother & sister hold this up? Sure. They can refuse to sign the deeds after you spend all of this money getting your acreage surveyed. If they do, then your only remedy would be to seek a partition of the property and have your 1/3rd of the land separated off or else have your siblings buy out your 1/3rd share. Might be the same result just making you spend even more money when all is said and done - when you look at it that way - what would a partition action cost if your siblings decided to get ugly versus giving them what they want and spending a few more dollars to have their land surveyed and subdivided. What if they gave you a few more acres to compensate for these extra costs? Of course they would have to be willing to do this.
What is the property worth? Is it vacant land? Where is it? What are the plans for it? Who paid for the brother's $5000 debt? Your sister has no money. What is her plans for the land? Is the land more valuable if sold as an intact parcel? How is your sister going to pay for her share of the taxes if she has no money?
Don't answer me - I do not need to know the answers. But you need to be thinking about some or all of these things and be discussing them an attorney.
I own a house in Illinois. I sold it via Contract for deed to a couple in Illinois for $5,000 down and a $425 first month's payment both in cash and then moved to Arizona with my family. The couple split up in the first month and the female moved out. The male was told he needed to establish a new contract with just his name but never did. When the 2nd payment came due though it was not paid. I gave notice. No response. Because of the breakup I attempted to work with the male but he would not tell me anything and told me to speak to his lawyer (though at the time I had no idea why).
I tried contacting the lawyer and him trying to find our why the payment wasn't being paid and if I could help. After no responses from either of them I decided to just enforce the contract that was agreed to and gave him 14 days from notifying him his payment was late to pay the payment and the late payment and when he didn't the contract was ended and I gave him (as the contract stated) 21 days to vacate. On the date of the contract ending his lawyer finally contacted me saying there were inconsistencies in his contract and that his client "...is hereby terminating the agreement" and "demands that his $5,000.00 be returned to him" because of these inconsistencies.
I responded pointing out that the contract was already ended because of his default by the time the letter was received. I also responded explaining that his so called "inconsistencies" were not inconsistencies at all and re-explained the contract as it was written.
However now I receive word (since I no longer live in the state) that he has removed the appliances from the property without my permission. I have no idea if he's holding these hostage until he receives his $5,000.00 or what but I gave him until the end of the weekend to return them with proof that he had done so or I was calling the police.
I have contacted a lawyer in the state the house is in and am currently waiting for a response. But just wondering what I am legally able to do from here. He is supposed to be moved out in 19 days which will be 35 days from the date of notice of the default and 36 days from the date the payment was due. Do I start eviction proceedings? If so what does that entail? Am I legally able to just get the locks changed the day after he is supposed to move out and consider it trespassing if he tries to get in? (If you're a lawyer that can actually help me with this and can give me a quote please email me for more details)
Without reviewing your contract, it would be impossible to make any suggestions. Generally a contract must be forfeited or foreclosed to terminate the parties' respective rights and responsibilities.
Is it possible to have a divorce revoked? We were divorced in November 2006 and reconciled in December 2007. We have been in a committed relationship ever since.
Just remarry
Happy Valentine's Day
No. But you can remarry.
There is not such thing as revoking a divorce. If you both want to revoke it, I suggest you make plans to remarry.
My husband was pulled over this morning by approximately 5 police officers because they got a call from a citizen wanting to place my husband under citizens arrest. Their reason was that he was supposedly going 110 mp in a 45 mph zone. He was not going nearly that fast and the police never "clocked" him as going over the speed limit. He was told that the person asking for the citizens arrest would be contacted and asked if he wishes to pursue this. If he does pursue it, is there any way to defend against this?
Absolutely. Your husband will want to hire a traffic lawyer to defend him in court. Hopefully the police and the prosecutor will make the right decision and not bring charges. But, if they do, then he needs an attorney to defend him and help show that "citizens" shouldn't be able to prove speeding charges beyond a reasonable doubt in a court of law. Feel free to have him give me a call to discuss options.
651-994-6744
[email protected]/* */
Yes, there are potential defenses. I urge your spouse confer with an experienced attorney at this time. Attorneys are not to solicit clients pursuant to state rules of conduct for licensed practitioners. Tricia Dwyer Esq ph 612-296-9666 Tricia Dwyer Esq & Assoc PLLC Minnesota Traffic Law - Criminal Law Attorneys http://dwyerlawfirm.net
I have legal guardianship of my Grandson...Mother did not show up to last court date...she has not seen him in 2 1/2 years...how do i go about adopting him
See an attorney who specializes in adoption. Some but not all family law attorneys do adoptions. There's a heading in the yellowbook for attorneys - adoption. You will have to terminate the parental rights of both parents - abandonment is one ground for that, so if the mother has not seen the child for that long it should be easy. You will have to do the same for the father, if he is still living.
Good luck. The child is lucky to have a grandparent willing to step in like this.
I own a real estate property in California and have a current mortgage loan that has NOT been late for the past 2 years. I have been unemployed the last 4 months, and my sister is currently assuming responsibility of the loan and making payments, to keep the mortgage up to date since she lives in the property. My sister likes the house and would like to take over the loan and continue making payments. She has a stable job but low fico score and no down payment saved, so it's difficult for her purchase a home at this moment. What is the best viable option for us to transfer the mortgage loan to her name?
You have no such option. Lenders in California have not been writing assumable mortgages for decades. You can read your loan documents and see if yours is one of the incredibly rare exceptions, but don't count on it. Furthermore, even if the loan was assumable, if she doesn't qualify for a loan due to her score, she wouldn't qualify for the assumption.
It also sounds like what you really mean is that you just want her to take over the house. You can't do that just by transferring liability for the mortgage. The mortgage is just a lien on the house. What it sounds like you really want to do is give her the house in return for her taking over the debt on it. Unfortunately that is a complex set of transactions and not something you can accomplish when you both have bad credit.
A California mortgage is usually not assumable. You probably don't have the option to transfer the mortgage to her name. The bank will tell you the same thing.
My friend says, "I own a house in Honduras that I put my three sons names in the title. I want to sell the house. Can a quict claim deed signed by them remove their names in Honduras, or what do I need to do?"
This is not an international law question. This is a question about the internal law of Honduras. Your friend will have to ask someone qualified to advise on the law of that country.
Okay here's my situation I have even arrested for possession of marijuana. How it happened was that I went to drop friends off at this guys house who happened to to steal a phone that day and it was reported. So right after I pull up to his house(owned by his parents not himself) in his drive way and then a cop pulls behind me and he goes up to the guy who lives there and me and my friends were in the car while he was on his lawn. The cop says are you ready to goto jail to the guy, he says he is going to jail for stealing an iPhone that was tracked back to his house and witnesses said he stole it. He searched him and didn't find it on him and the cop told him to go get his dad and they talked and he couldn't arrest him for a crime he has no actual proof or whatever, well anyway he asked him were the phone was he replied I don't know. Then the cop asked if it was "in this car"(my car) then he said" i don't know". So the cop says to us"we'll know I have the right to search this car for further investigation"( I don't know if that is exact wording but just general idea I can remember) so then he talks some more and then says"hmm.. Why does it smell like marijuana coming from this car?"(which I had in my car, but I was not pulled over or committed any crime or violation, he only smelled it and from what I think is that the cop knew he couldn't search me just because the guy stole the phone and we were there, so he said he smelt it so he could search.. So now he is searching for phone and drugs.) but anyways he continued and said" I know have the right to search this car because if probable cause and to step out of the car we are going to be searched" we step out and sit on side of the car and adventually another cops shows up and they find the drugs. Which was about .2 of a gram also known as "Shake" so we get arrested. Know my main concern is that was it legal to search us sense he wasn't their for us and wasn't there for any drug related activity or didn't pull us over or had no probable cause for the phone except we are there, even the other guy said we just showed up and didn have the phone or weren't involved. But was it legal to search us since we weren't pulled over or anyother crime was committed before, if not what should I do?
Let me start with the last question about what should you do first. What you should do is hire an experienced and competent criminal defense attorney.
The police will lie all the time about smelling marijuana and then searching a car. Unfortunately, the courts allow them to search upon the claimed smell of marijuana. It makes no difference that you were not pulled over or that another crime was not committed. If the cops "claims" to smell marijuana in a car, the courts allow him to search it. However, this whole case as you explained it brings up a lot of other questions, and I would want to read the full police reports.
how long can I legally stay in my apartment if I decide to contest my eviction after being served ud
The three-day notice terminates your right to legally stay in the apartment if you did not meet the conditions of the notice. The UD process does take a bit of time, however. It varies on a case-by-case basis. You and/or a legal representative might contact the landlord to try to work out a move-out date or some other arrangement.
My ex and I have joint 50/50 custody of a 5 yr old. I tried getting it modified and getting more time because he has a criminal record and I think he's an unfit parename. Now t, but the judge kept everything the same now he's in jail for transporting marijuana. What should I do to get full custody of my son ??
I assume that the jail was after the last order. You may want to go ex-parte to get an order changing custody and set a hearing for a permanent order. You probably want an attorney on this, it will improve your odds.
Do I have any claims to my paternal grandmother's estate since her passing? My father is deceased. Do I have any rights to my paternal grandmothers estate. She is deceased and so is my father. She did not have a will. The only other relative was her nephew by marriage and he took over the entire estate.
I suggest you confer privately with an experienced attorney so she may provide you with a legal opinion and legal counsel and advise based upon the full facts. Tricia Dwyer Esq. ph 612-296-9666 Minnesota Estate Planning Law Minnesota Attorneys Tricia Dwyer Esq & Assoc PLLC
Long story short:
I sold a motorcycle on payments, guy never paid for a YEAR. This past week the state awarded me ownership and gave me a new title, in my name, no other parties. I now own it free and clear. The person who has it is hiding the bike and refusing to cooperate in any way shape or form.
Can I report it STOLEN?
I am not sure what happened here and don't have enough information to respond to this. Why did the state award you ownership when if you sold the motorcycle to him it would have been yours anyway until he paid you full? Are you saying you had the guy sign a contract or promissory note for the amount and you had a lien on the title or are you saying you didn't file a lien you just let him have the bike? Did you have him sign anything? You probably need to file a claim and delivery action but I don't have enough information to answer you question.
I'm a father and want either joint custody of my 13 year old daughter, what should i do.
This question makes no sense.
I have trailer in Missouri with no registration what are legal problems i could run into driving this trailer?
It seems that you understand that a license tag is required. If you pull it without a tag you could suffer anything from a traffic ticket to being held personally responsible (and criminally liable) for any injuries or property damage from an accident while it is being pulled. If you want a more specific description of vulnarabilities, you should consult directly with an attorney in your area that practices both civil and criminal defense. There weren't enough facts in your posting to give you a specific list here
Good luck
I made the mistake of attempting to steal an $8 pair of socks from a Kohl's in California. On my way out, a man approached me and asked me to come back into the store to talk about the stolen merchandise. I followed, did not resist or try to run at all. They took me to a backroom and I filled out some forms, and they told me I'm banned for life from the store. They told me I would have to pay a Civil Demand, and if I didn't then I would have a warrant out for my arrest. Since I completely cooperated, LP told me they were not going to get the cops involved, I would not be arrested, and this would not go on my record or come up in a background check.
My question is, after reading online, Kohl's has a zero tolerance policy for shoplifting and basically all those who are caught will be prosecuted. If LP specifically stated (I asked two times to make sure what I was hearing was correct)that it would not go on my record, I would not have to go to court, and I won't serve jail time (as long as I pay the fine), what are the chances that any of this actually do happen? Everything I've read online has said how they have all had one of these things happen. What is my best course of action?
If the police were not called that day, the odds are overwhelming that nothing will happen to you. Could they file a report later? Yes, but I've not seen that done.
They cannot get an arrest warrant if you ignore their outrageous civil demand letter. It has nothing to do with any criminal case. The only way a warrant goes out is if the prosecutor gets a case submitted and they request an arrest warrant.
If you pay the civil demand, it just means they won't sue you in small claims - something they almost never do - and probably not over a pair of socks worth 8 bucks.
I agree with Mr. Dane. Additionally you should not talk about the incident on line or in person. If the police contact you, you should refuse to answer any question or permit any type of search. Instead you should immediately talk to a criminal defense attorney.
My previous landlord is suing me for past rent I was sent a subpoena from the court do I have too appear
In Ohio, the litigants of a case do not get subpoenas, they get a summons to appear in court to answer the complaint that is filed against them. Your former landlord likely sued you in the local small claims court for the amount, and there is no a court date set for you to appear to contest the matter if you wish.
If you do not show up, the landlord will likely take a default judgment against you for the amount he is seeking. Small claims court in Ohio now has a jurisdictional limit of $3,000.00 so the amount can't be any higher than that unless he goes to the regular division of municipal court or to the court of common pleas.
I sold a vehicle to someone with contract and bill of sale. On the contract he gave me 1000 down and he was to pay me 300.oo per month. 2 weeks later he was arrested for driving without a license. He had not transfered title & registration so vehicle was still in my name. Since vehicle was towed by police I had to retrieve it. When I got vehicle out of tow, I amended contract saying if he does not get drivers license, title, registration, @nd insurance in this name by a specific date I would repossess vehicle and he would have to pay vehicle in full to get vehicle. He did not get any by date and I repossessed vehicle. Now he was to sue me for return of deposit. Wondering if I followed all the right procedures with having everything in writing and what should I do?
You amended it? There's no such thing. A change in a contract would require BOTH of you. It sounds like you screwed up very badly. Get a lawyer. You didn't sell the car properly on day one and may have broken the law in not transferring the title,. A lawyer at that time would have warned you. This will cost you far more than it would have then.
Glen is absolutely correct
You may also be charged with auto theft, etc, now
Hire a great lawyer who handles both civil and criminal matters IMMEDIATELY
The cost to you, now, probably far exceeds anything you would have received from the sale of your car
Good luck
Ralph
i'm disabled with low income husband abandoned me will divorce force him to pay support
In Texas, If you have been married for more than 10 years, you qualify for alimony based upon your financial needs, and your husband's income. Alimony is normally limited to not more than 3 years.
My wife went to the hospital emergency for suffering sever stomach aches on Friday and was admitted to the hospital. Later that night she was released and sent home. It should be noted that my wife has an existing medical condition which caused an swelling of her spleen. Her condition is called polycythemia vera. By Monday, she was in so much stomach pain we had to call 911. Again she was admitted to the medical intensive care unit and it was determined that she had low white blood count. She was give blood transfusion. She also started having fevers. It was determined two days later that she contracted community pneumonia and had fluid in one of her lungs. After one week she was put on an induce sedation, an intubator and a rolling bed to help her breathe for two weeks. From the ICU she was transferred to the progressive care unit and then to the Rehab Center. She spent four weeks in rehab because she lost all her ability to move and had muscle atrophy and was confined to a wheel chair. All told she spent nine weeks in the hospital. She is home now but is still undergoing outpatient physical therapy. Does the hospital have any liability or responsibility for what happened to my wife? Can I sue this hospital?
Your action would be based upon a claim of failure to properly diagnose the problem upon first admission, and that the delay caused additional problems that wouldn't have otherwise occurred.
When claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning the treatment fell below the acceptable standard of care, and that such negligence caused legally recognized damage or death. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support.
Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals to independent experts if necessary. If you obtain such an expert's opinion and testimony, and if you determine that you have a case with MERIT [provable case with a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the suspected malpractice to bring suit.
If serious about pursuing this, feel free to contact me.
My son is two and his dad is not paying support and every time he takes him for the weekend he comes back full of bruses and diaper rash what can i do please help
File and serve a request for order to address both the support arrears and parenting issues.
I'm married for 28 years house 2 cars in her name and she
pays for them. I don't work, I'm disabled now. Do I get half of everything and does she owe me spousal support?
She most likely will be obligated for spousal support in the scenario you describe. Property division cannot be predicted without the details.
You should get half of the community property You should see a lawyer to determine what property is community property.
Im a stay at home mother for 13 years, for two daughters age 11 & 13. I have been married for 13 years. I want a divorce due to the fact that my husband is a alcoholic. He wants to kick me out out of the house and keep thw children. Im not on the deed or morgage. Wepicked the house out together. My mother gave us 10 thousand dollars a down payment. Please help!
If the home was purchased during the marriage, then it is a marital asset and subject to equitable distribution. He does not have the right to try to kick you out.
It sounds like you will need to file for divorce and ask the court to grant you the exclusive use and possession of the marital home for yours and the minor children's benefit.
What's your question? Can he kick you out of the house? No, not legally. You could only be put out by a judge in a divorce case, assuming a injunction (a "temporary restraining order") isn't issued against you or you don't commit a crime against him. And, in a divorce, you may even be allowed to stay in the house temporarily or permanently, depending on circumstances such as whether your name is on the house and when the house was purchased.
You should contact a lawyer because you can make a claim for alimony, the house, etc..
I Shipped my Car to a Dealership in West palm Beach, Fl. for repairs. After receiving and looking over the car I notice some issues with the work that was done. I've contacted them about it and they requested an estimate be sent to them. Now I can't get any response back from them. Email..Phone..Nothing. What can I do
Hire an attorney in wpb to negotiate for you
Can I still work for the police to get my charges dropped or a lighter sentence after I already been charged and had a preliminary hearing?
Your Attorney can continue to negotiate with the District Attorney for a lesser charge, or a lesser penalty/sentence, up to the point where your case is actually adjudicated.
Best of Luck,
ANDREA G. TILLIS,
My apartment complex says that they will charge a late fee on the 4th of the month when my understand is in Cali you have until the 5th. Which is true?
Your understanding is very wrong. A landlord legally can charge a late fee at any time rent is past due. It is only a courtesy if they give you any grace time at all.
My brother moved my elderly mother from Ohio to Kentucky after the sale of her house. She has since died and her other son and myself were never notified by my Kentucky brother who has access to all her bank accounts and profits from the sale of her house. Is there a way my other brother could receive some of these funds as he is mentally slow and on Social Security?
To properly answer all your questions, we would like to offer you a free consultation. Your free consultation can take place either over the telephone or in-person.
To schedule your free consultation, please call our office at 1-800-297-9191 and ask for James Luna. You can also email James at [email protected]/* */
We look forward to hearing from you.
Is there a way to change ownership of your deceased parents' house to a living child, without a succession, if the other living children agree to turn over their rights to their sibling? The deceased parents did not have any written documentation, such as a will, trust, etc.
No. You must have a court place you in legal possession of the property. There is no other way.
In 2012 I got side swiped by a bus making a left turn. I decided to call a lawyer rather than my insurance company because I had an under body Strain that caused me to miss work. Long story short, I was instructed to go to a chiropractor twice a week. After my last session I recieved a call saying that they can't take the case because basically its not worth there time. I recently recieved the Medical bills from the chiropractor and my question is am I responsible for the bills?
Based upon the few facts you provided, you are liable to the Chiropractor for the bills of services actually performed. The bus company may be liable to you for recompense of those bills and for your pain a suffering. IT is unclear whether you had engaged the lawyer you called. if you did, they may not be able to just refuse to act any further without your permission. They may still be your attorneys. But, depending upon your agreement, they may be excused from incurring any more expenses in the representation of you. You said they advised you to go see a chiropractor, did you sign anything with the law firm? Did they send you any letters? or emails? Once engaged, a lawyer cannot always disengage without repercussions. If you saw a chiropractor twice a week for nearly three years, you've accumulated substantial medical bills. Unless there is an issue as to liability in the collision, or the propriety of some of the treatments, some attorney will take this case. If the chiropractor you saw was the one that the law firm told you to, they may have to keep your case, or assist with the bills. You should probably get second opinion from another civil practice attorney in your area. Take all the relevant documents and go see one.
Good luck
Good luck
If there's a court order saying the father of my son cant live with us because he smokes pot.will that follow to another state.
Most likely. Father is breaking the law and with the exception of Colorado would still be breaking the law. Pretty sad though.that dad would rather do drugs then be with his son.
John
.
In the verbal corrective action plan (which I signed it), my manager has lied about my performance and I can prove it with the emails I have. Now she is going forward with the verbal corrective action plan. I haven't met her yet, so nothing official yet. I explored the idea with one of my other managers, that if I leave the company, e.g due to company restructuring, or something like that, then not to have the corrective action plan in my records; I was offered instead that if I sent my voluntary resignation then the corrective action would not be in my records. Any advice?
First of all, you have the right to see anything placed in your personnel file. Likewise, you have the right to challenge the manager's statements. Moreover, even if they fire you for cause, they would be opening themselves to a lawsuit if they said anything more than your date of hire, position and date of termination. You can also file a complaint with MCAD.
I represent a number of companies and my advice to them is that absent a very positive letter of recommendation to simply state the employees date of hire and date of termination and position held.
If they want you to go, they will find a reason to terminate you. I would suggest you tell them that you will resign provided they do not place anything in your file and they do not challenge your application for unemployment. If they agree then you need to prepare a termination agreement that is to remain confidential. Moreover, they are not to make any negative comments to prospective employers. They can tell them only that as a matter of company policy they do not provide recommendations and simply provide dates of hire and last day worked and position, Compensation information will require your consent. They are to pay you your accrued vacation time et cetera. They will allow you to continue your insurance in accordance with Cobra or MA Mini Cobra.
You do not say the name of the company or who made the offer without more information it is difficult to be precise.
Good Luck and if you need further assistance you can call me.
Legal age in Texas to leave home in the year 2015
Simple question - complicated answer. Some of the highlights: Runaway is a juvenile status offense. It only applies persons under the age of 17. Once a person turns 17, they are subject to the criminal laws. UNLESS, the juvenile court's jurisdiction was previously invoked and there are juvenile court orders restricting the child's residence.
If the child has been before municipal or JP court for any reason, there may be a court order outstanding which affects residence.
If the parents of the child are separated or divorced; or if CPS has been involved; then the residence of the child is probably restricted until age 18 at a minimum.
If the child has sought removal of disabilities of minority, then may have the right to leave before the age of 17/18. The is true of marriage as well.
If you have any questions, pay a lawyer for a consultation, discuss all of the issues, and make a decision. Many attorneys will charge appx $100 for a half-hour consultation. Good luck.
In order for my mom to qualify for Ch 13 (109 & 303), she put me on title as a married man, as his sole and separate property, joint tenants. My mom passed on 03/15. My sister filed an unlimited civil lawsuit quiet title, accusing me of undue influence and fraud. My mom was represented by counsel, my sister knew all along and even guided my mom the Bk proceedings while I was in prison, shortly after the deed was signed. My sister claims I tricked my mom into signing feed. Does she have a strong case? I provided my attorney with certificate of credit counseling frm my mom dated 02/06/12 I got my certificate on 04/012. Along with all original BK paper work I presented an excellent time frame, which speaks for itself. Does she have a strong case.
I will not guess as to why it would be necessary for your mother to transfer the home to you and her as joint tenants for bankruptcy purposes, but what it really comes down to is your mother's condition at the time of the transaction and whether or not she lacked the capacity to make such a decision or was the victim of undue influence. The lawyer who represented her when the deed was prepared and executed is the key witness.
Does your sister have a strong case: Here are two examples:
Bad case against you: You weren't involved at all in the entire process resulting in your mother transferring title to joint tenancy - mom made the appointment, visited the attorney, met with the attorney alone, etc.
Good case against you: You booked the appointment, attended the meeting. You and the attorney concluded what had to be done and your mother simply agreed to go along with it.
I have a vop felony warrant that is 15 years old out of fl. I live in a different state. I have kids which is the main reason for not resolving this case. I have not gotten into any kind of trouble and I am wondering if this could possibly be resolved without going to jail. I have not had the money for an attorney until now
You will probably have to turn yourself in, here in Florida. I would talk to an attorney from the area where this happened to see if you could do something like a walkthrough that would minimize the jail aspect of your case. A lot depends on the reason for the VOP, what you have done since then, and the original charged facts.
Can bank employees be a witness to a will in Georgia. I recently moved and I would prefer not to have family to witness the will.
Some banks do not do this. Why do you have to use family at all? I am not a notary. What I did for my own will and what I recommend to clients is to go the UPS store or some other place that offers notary services and wait till 2 customers come in. Then you all sign in front of each other and the notary. Problem solved.
Just make sure that you all sign at once and in front of each other and the notary. GA is picky about this. You will need at least 2 witnesses who are not beneficiaries under the will. If nothing else, get a friend and at least one customer or even another employee (not the notary) in the store.
My husband served 7 years in prison for criminal threats. This was around 15 years ago. We are only married for a year but he has been physically abusive. I have a DVRO and a hearing scheduled. We have a baby together. I am planning to divorce him and ask for full custody. Will his past criminal record have an effect in our domestic violence with kids hearing? What are the chances of him being sent away again?
His abusive conduct can have a direct effect on child custody, child support and spousal support. Please meet with an experienced family law attorney to assess your legal options.
Unless there are criminal charges pending he cannot be incarcerated. If you want to have him arrested, you will have to make a police report. Then it will be up to the district attorney to decide whether or not to charge him. Without knowing more details about his past conviction it is impossible to judge how much it will affect the case.
An employee sent libelous allegations to my supervisor alleging hostile management style (e.g. derogatory comments, unprofessional behavior). What support should I expect from management and what should my next steps be to protect myself regarding a lawsuit and my employment?
Keep copies of all documentation of your complaint is a safe place such as your home. If your complaint is based on a protected status such as age, race, sex discrimination (orientation, unequal treatment and a victim of unwanted sexual advances), national origin etc. and you are terminated for making such complaints, you may have a lawsuit against your employer for unlawful workplace discrimination. If the complaint does not fall into any of the mentioned or similar categories it is unlikely that you will have a claim against your employer if you are fired. Finally, what I am guessing is that you are concern that you may be subject to a defamation lawsuit by your supervisor or employer. In a nutshell, the laws do not support such a claim as you describe in an employer-employee relationship. Good luck.