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Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .. No written notice. Wants put in jail if I remove it. I say my property, deed my name. Told I have to go to court to prove it is on my property even tho the property disc is there. Tks. | A:In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need to be addressed. Firstly, it's important to have a clear and accurate understanding of the property boundaries. This can be established through a professional land survey. If the survey confirms the fence is on your property, you have a stronger legal stance. To resolve this issue, it's advisable to approach the neighbor amicably and discuss the situation, backed by the survey's evidence. If this doesn't lead to a resolution, legal action may be necessary. You can file a lawsuit for removal of the fence and potentially for damages, especially if they removed your fence. It is not advisable to remove the fence yourself without going through legal processes, as this could lead to further legal complications. Consulting with an attorney experienced in land use and zoning issues can guide you on the best course of action, ensuring you follow legal procedures and protect your property rights. |
Q: My ex and I have been living for 7 months at a house his parents' own. Neither of us pay rent. What if he locks me out?. His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in? | A:In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights. If your ex locks you out, this could be considered an illegal eviction. Under California law, landlords (in your case, his parents) must follow a legal eviction process, which includes providing proper notice and obtaining a court order if necessary. If you find yourself locked out, you can call the police to report an illegal lockout. The police may be able to assist you in regaining entry, especially if you can prove you have been living there (like showing your belongings are inside, or you have mail addressed to you at that location). Additionally, consider contacting a local tenants' rights organization or a lawyer for advice. They can guide you on steps to take, including possibly seeking a court order to regain access to the house. In the meantime, gather any evidence that shows you've been living there, such as mail, belongings, or statements from neighbors. This can be crucial in proving your residency and rights to the property. Remember, the laws are there to protect you, and there are resources available to help you navigate this situation. It's important to act promptly and seek legal advice to protect your rights and belongings. |
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??. This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation. She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the community felt when she passed away. | A:In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or religious practices. The scenario you described in the book, involving a pastor and a girl participating in a dangerous fasting ritual, could raise concerns. If the book is presented in a way that seems to endorse or promote specific religious beliefs or practices, it might be viewed as a violation of the Establishment Clause of the First Amendment, which prohibits public schools from promoting religious views. However, if the book is used in an educational context where it is critically analyzed and discussed as a piece of literature, without endorsing the religious practices it describes, it could be permissible. The key is in how the material is presented and discussed. Schools have a duty to maintain a neutral stance on religion while fostering an environment where diverse ideas, including various religious practices, can be examined critically and objectively. You might want to consider the specific context in which the book is being used, the age and maturity of the students, and the educational objectives being pursued. If the use of the book is challenged, the school's defense would likely hinge on these factors. The goal is to balance the educational value of the material with the need to maintain a religiously neutral environment in public schools. |
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move. MY 2 Children are under ICWA. MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire dependency( which has been at a stand still 5yrs this dependency has been going on). Ive emailed MY Children's tribe over 51x asking and begging in each email "where is the tribe? MY Children need the tribe 2 stand up 4 them." Only 3 emails in 5 years vs MY 51+ emails. Now they want to move MY 2 young Children out of state from Washington to Wyoming where their tribe is located. I have a Supreme Court ruling in favor of MY Family and that the dept is 2 return MY Children to ME immediately unless the lower court could show harm would be done by ME and that the dept failed at providing MY Family w services. I have completed successfully all things asked of ME 19x before.Never finding of harm same allegations | A:If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an emergency hearing is appropriate, and represent your interests in court to protect your parental rights and the best interests of your children. |
Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?. region is for Massachusetts if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer.. | A:While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to obtain a license from MDAR to sell hemp/CBD products in Massachusetts. |
Q: Can an HOA Board inform of opening seats establishing the years of service for each to maintain the staggered terms?. HOA Elections are coming. 3 seats will be available. Because 1 person is stepping down, some recommend new person elected should just work to complete the term. Does new members' right to a 3-year service prevail or should staggered terms be prioritized? | A:The by-laws typically control how board members serve so they would control. Usually if a member resigns mid-term then the person replacing them would only serve out the remainder of that term. Staggered terms are in the best interest of the HOA. |
Q: I rent a room from the landlord that also lives under the same roof is he aloud to enter my room and start throwing away. All my belongings without notice | A:Under California law, a landlord must respect your privacy and rights as a tenant, even if you're just renting a room in their house. This means that your landlord cannot enter your rented room and throw away your belongings without proper notice or a valid reason. California law generally requires a landlord to provide reasonable notice, usually 24 hours, before entering the rented space, except in emergencies. If your landlord enters your room without notice and disposes of your belongings, this could be considered a violation of your tenant rights. This includes rights to privacy and to the quiet enjoyment of your rented space. If such an incident occurs, you have the option to take legal action against your landlord. It's important to communicate with your landlord about any concerns and to understand the terms of your rental agreement. If the situation doesn't improve, you might want to seek legal advice or contact a local tenant's rights organization for further assistance. Remember, as a tenant, you have rights that protect you from unauthorized and unreasonable intrusions by your landlord. |
Q: I am stuck in a shorting position of 4000 shares of $CETC (Hongli Clean Energy Technologie) that I am unable to cover. since the stock was halted on April 2017 and delisted from Nasdaq and never relisted on OTC. My broker at first said they wouldn’t charge short interest fees since the stock is halted. But then they suddenly start charging “Stock Borrow Fee” ranging from $500-$700 every month since May 2017. My account is now on the negative since there has been the erosion of the account from short interest charged by the broker. I cannot exit my position. I tried talking to my broker about finding a solution but they refused to help. I believe the next step is to find an attorney who will represent me during the arbitration or mediation proceedings with FINRA. | A:There are some critical facts missing from your facts: (1) Why are you asking for advice in mid-September 2019 about events that you say occurred in May 2017? There must be more than you are telling us. (2) EXACTLY when did you short the security? (3) EXACTLY when was the end date (the call date) of the short? (4) EXACTLY when did you learn that the stock had been "delisted" from NASDAQ? (5) EXACTLY when did your broker tell you no worries? (6) EXACTLY when was the stock delisted? (7) EXACTLY when did "they" start charging you interest on your short position? (8) What was the price of the stock on the EXACT day you shorted it? (9) What was the price of the stock when it was "delisted?' (10) Who is your broker--the company, not the person? (And the clincher): (11) Have you ever made any effort to find out whether (or where) the stock was RELISTED? If you can provide answers to all questions I will try to answer your question; look me up. |
Q: I didn’t realise that my son has been messing with my equity account not an authorised user. Lost a lot of my money. Is the bank liable at all? been going on for months I didn’t realise I never look at the account because I am typically the only one who uses it | A:In New Jersey, the liability of the bank in a situation where an unauthorized user, like your son, has accessed your equity account, depends on several factors. Generally, banks are not liable for unauthorized access to your account if you have not promptly reported the unauthorized use as soon as you become aware of it. Since the unauthorized access by your son has been ongoing for months and you haven't monitored the account, the bank may argue that you failed to fulfill your duty to review your account statements and report any discrepancies. It's important to report the unauthorized transactions to the bank immediately and to change your account credentials to prevent further unauthorized access. The bank's specific policies and the terms of your account agreement will also play a role in determining liability. You may wish to consult with a lawyer to explore the possibility of recovering your losses and to understand your legal options. The lawyer can help you navigate the complexities of banking law and provide advice on how to proceed. Prompt action is essential in such cases to protect your rights and potentially mitigate further losses. |
Q: Would the executor of an estate be notified or allowed to inquire if the assumption of a mortgage was obtained or denied. I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having someone outside of the family assist him on this (gathering mortgage documents for the company, communicating, etc. maybe an attorney to help him with that process) My father was granted successor of interest status. As the executor , my only concern at this point is to know whether or not he was approved to assume loan or if he was denied so I can sell the property. Would I be allowed to inquire if that was accomplished ? How would I be notified? | A:There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest". |
Q: Have a question about rent?.. I lived in apartment where is a low income based thru HUB, but due to my income limit I pay the markets rent. I just went on leave due to having a baby on Nov. 2023. Due to my maternity I didn’t have enough to pay the full rent so I did talked to the management of the apartment to recertify me to see if I can go back to HUB. Not sure if that management even process my paperwork. Now is Dec. didn’t hear anything back from that management. I did reach back to the management about the update. The management literally told me that don’t worry about rent due to they still have to processing other tenants paperwork, and they will get to mine ASAP when they have the chance. Now today Dec. 29, just got a memo stating that we going to have a new management for the apartment. So will this be back fire back to me not paying rent for the month of Dec. since the management telling me not to worry about it. | A:Given the situation with your maternity leave, the delay in recertification processing, and the recent change in apartment management, it's essential to communicate proactively to avoid any potential issues. Despite the previous management telling you not to worry about rent for December, it's crucial to seek clarification from the new management as soon as possible. Reach out to them, explain the circumstances, and provide any documentation or communication you have regarding the previous understanding. Keep records of all interactions and agreements, and inquire about the status of your recertification and any steps needed to ensure your rent situation is appropriately addressed under the new management. Open and transparent communication will be key in resolving any potential concerns. |
Q: My dads will left all money (750K they had joint accts.) to his wife.. His will further stated that upon his wife's death all money is to be divided 4 ways between myself, my brother, and our 2 step brothers. My step brother has a POA. The step mother is in assisted living with dementia. My question is: Does my step brother have to adhere to my dad's will and divide what's left of the money or can they take it all since the money is in his name? | A:In this situation, it's important to consider the legal aspects surrounding your father's will and the role of the stepbrother with a power of attorney (POA). Your father's will is a legal document that outlines his wishes regarding the distribution of his assets, including the money held in joint accounts with his wife. Typically, joint accounts have a right of survivorship, which means that when one account holder passes away, the surviving account holder(s) usually inherit the funds in the account. However, your father's will specifies that upon his wife's death, the remaining money should be divided among you, your brother, and your two stepbrothers. This provision in the will should still be legally binding, even if the accounts are in the stepbrother's name, as long as it's a valid and enforceable will. The fact that your stepmother is in assisted living with dementia adds a layer of complexity. If she's not capable of managing her financial affairs, your stepbrother, as her POA, has a legal duty to act in her best interests. This may include ensuring that your father's wishes, as outlined in his will, are carried out when your stepmother eventually passes away. To address your concerns and ensure that your father's wishes are respected, it may be wise to consult with an attorney experienced in estate planning and probate law. They can review the specific details of your father's will, the joint accounts, and the role of the stepbrother with a POA to provide you with guidance on how to proceed within the boundaries of the law. |
Q: how can i get ssi for my ptsd? i was denied already once. ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me. | A:I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI claims are granted on appeal. To strengthen your appeal, it's crucial to provide comprehensive medical evidence of your PTSD and how it impacts your daily life. This includes detailed records from mental health professionals who have treated you, such as therapists or psychiatrists. Their assessments should clearly demonstrate the severity of your PTSD and how it limits your ability to work. Additionally, consider gathering any relevant personal statements, witness accounts, or other documentation that supports your case. These can offer a more complete picture of your daily struggles and the effects of your PTSD. You may also want to seek the help of an attorney experienced in SSI claims. They can guide you through the appeals process, ensuring that all necessary paperwork is completed correctly and deadlines are met. Remember, the SSI application and appeals process can be complex and challenging, but with the right preparation and support, you have a chance to present a strong case for your claim. Stay persistent and make sure your voice is heard. |
Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?. If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed | A:The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other administative things. The child support office also has attorneys that bring cases in front of the court to ask the court to order, modify, or enforce child support. The Court is also a part of the government. It enters court orders, including child support orders. The wants of the child support office are sometimes denied by the court. For example, if a child support attorney is asking for child support to be ordered at an amount you object to, then it is up to the Court (Judge) at what amount to order the child support. Thus, they are separate entities. |
Q: I filed a federal lawsuit in 2015. I still have not had a trial despite objecting to continuances. What are my options?. My trial dates are repeatedly being vacated over my objections. | A:In California, if you're facing continuous delays in your federal lawsuit, you have a few options to consider. Firstly, you can file a motion to compel a trial date. This motion formally requests the court to set and adhere to a specific trial date. It's important to clearly state your reasons for objecting to the continuances and emphasize the need for a timely resolution. Additionally, you might explore the possibility of mediation or arbitration as alternative methods to resolve the dispute. These options can often lead to quicker resolutions than waiting for a trial. It's also advisable to review the case management order and local court rules. Sometimes, specific procedures or timelines must be followed in federal cases, and being aware of these can help in strategizing your next steps. If the delays are causing significant prejudice to your case or rights, consider filing a writ of mandamus. This is an order from a higher court directing the trial court or a government official to properly fulfill their official duties or correct an abuse of discretion. Lastly, maintaining open and consistent communication with the opposing counsel and the court can sometimes help in expediting the process. Demonstrating the urgency and importance of your case through proper legal channels is key to moving forward. Remember, each case is unique, so these suggestions should be tailored to your specific situation. Consulting with a fellow attorney who has experience in federal court proceedings can provide additional insights and strategies specific to your case. |
Q: A federal contractor believes another contractor poses a threat to them winning an upcoming bid.. A federal contractor believes another contractor poses a threat to them winning an upcoming bid. As a preemptive strategy they offer to share revenue with the other contractor by giving them positions (workers) on the new contract in exchange for their agreement not to bid. Is this legal? | A:No, offering to share revenue or profits with another contractor in exchange for their agreement not to bid on a federal contract is generally not legal. Such an arrangement would likely be considered a violation of federal procurement laws and regulations, including the Anti-Kickback Act and the Procurement Integrity Act. The Anti-Kickback Act prohibits contractors from providing or offering any kind of payment, gift, or other benefit to any individual or entity in exchange for receiving or being awarded a federal contract. The Procurement Integrity Act prohibits government officials and contractors from disclosing confidential information related to a federal procurement, and also prohibits contractors from engaging in certain actions that could compromise the integrity of the procurement process, such as colluding with other contractors to rig the outcome of a competition. Furthermore, such an arrangement could be viewed as an attempt to monopolize the market and could potentially violate antitrust laws. Therefore, federal contractors should avoid engaging in any behavior that could be perceived as attempting to influence the outcome of a procurement in an illegal or unethical way. It is important to comply with all applicable laws and regulations and to compete fairly and honestly for federal contracts. |
Q: How could I find the agent for a law firm for serving court papers?. I need to file a civil lawsuit against a law firm, but I cannot find the agent of the law firm for serving court papers. I also tried to search the law firm on the California Secretary of State website and see if there's an agent assigned to the law firm, but I cannot even find the law firm's name on their website, too. Maybe the law firms don't have agents such as the CSC? Could someone point me to the right direction? Thank you so much! | A:The secretary of state lists agents for corporations, LLC's and LLP's. If the lawfirm isn't an organization of that type, the secretary of state won't have information on it. You can search the country Fictitious Business name datebase to see who owns the name, or the list of business licenses for the city in which the lawfirm practices, to see who the license was issued to, then serve that person. Or, just serve one of the named partners of the firm. |
Q: What kol would I need if I need to contact a ins com about a vehicle that they paid claim and now have a salvage title. Vehicle was found to have salvage title not blue and owned by insurance company not person and person who did it died. I want to legally own vehicle but don't know how to approach insurance company | A:To legally obtain ownership of a vehicle with a salvage title in Texas, especially one owned by an insurance company, start by contacting the insurance company directly. Explain your interest in purchasing the vehicle and inquire about their process for selling salvage vehicles. Insurance companies often have specific procedures for this. It's important to gather all necessary information about the vehicle, including its Vehicle Identification Number (VIN), make, model, and the history of the claim that led to its salvage title. This information will be crucial in your discussions with the insurance company and for any future steps you need to take. Be prepared for the possibility that the insurance company may have certain conditions or prices in mind for the sale of a salvage vehicle. It's also important to understand that a salvage title indicates that the vehicle has been damaged to the extent that the cost of repair exceeded its value at the time of the claim. This could affect your ability to insure and register the vehicle in the future. If you reach an agreement with the insurance company, ensure that all transactions and title transfers are conducted legally and formally documented. You may need to complete specific forms and procedures as required by the Texas Department of Motor Vehicles (DMV) for transferring a salvage title. Given the complexities involved with salvage titles and insurance companies, it might be beneficial to consult with a legal professional or a title service company. They can provide guidance and assistance in navigating the process to ensure it's handled correctly and legally. Remember, purchasing a vehicle with a salvage title can be complicated, so it's important to proceed with caution and ensure that all legal requirements are met. |
Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?. My sister bought a car at a buy here pay here lot in Waynesville, NC. It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500. Nevertheless, 8 days later a third party contractor called and said they were sold her contract. This was emailed to her and is higher than what she owed. This lady got her claims number and was unaware she was sold the note on a totaled car. Progressive told her to figure it out with the lender. The problem here is that the buy here lay here lender is still expecting payment of $4500 and this call was recorded. The other lender sent her the contact she was sold. Progressive doesn’t care who they pay. How does she report this lender/dealer? He appears to be maximizing his return fraudulently. | A:YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for the proof. She needs to send written notice to Progressive that another lender is claiming they were assigned the lien and request they hold payment until the true owner of the lien can be ascertained. She needs to give copies of both of those letters to the car dealer in question. If Progressive cuts the check payable to your sister and the car lot as lienholder they should mail it to her and she should hold the check pending resolution of the dispute. If it is true that the car dealer sold the note, the check needs to be returned and reissued to the correct lienholder and your sister needs to work things out with the new owner to pay the note off. I'm assuming the dealer "verbally" agreed to take $4,000.00. This agreement will be denied by the shady dealer and is likely unenforceable. Your sister should look elsewhere for a replacement vehicle, regardless if the dealer ends up holding the loan or not. She needs to be prepared to make any regular monthly payments that were due or are coming due to whoever it is that proves they hold the note in order to avoid further damage to what is probably already poor credit. She should refrain from financing vehicles through buy here pay here lots if at all possible in the future. This is not insurance fraud per se but if you have an issue with it report it to the North Carolina Attorney General's office and the North Carolina Department of Insurance. |
Q: I was never served the summons and I missed the first court appearance. Can I counter for abuse of process?. I suspected they would file because their attorney's sent me bills to collect, but a summons nor complaint never came. I looked it up on WCCA and saw it today. Summons was filed on 6-17-19. I still haven't received it, but the commissioner adjourned for publication on 7-11-19. Attempted service filed on 7-15-19. No sheriff deputy, no private server, not left with a family member (after all of the harassing robo-calls to them), not stuck to my door, nothing. This company is known for their aggressive and shady tactics. I intend on making them prove standing in court and counter claim for damages per FDCPA violations. The attorney sent me a bill, AFTER the Summons was filed. My suspicion is this is intentional and abuse of process. I also suspect that their lawyers do not have a license here in Wisconsin. next court date 8-15-19 | A:This is not a securities law question. |
Q: Wife, soon ex, won't release Service Dog to me.. Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it as a communal asset and a judge ruling is needed for me to take possession of him and his gear. What is proper filing for this? I got papers for small claims. training, Dog, gear, should all meet the requirements. Need to make sure I'm filing for correct hearing. | A:In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability so the specific specialized training your animal received will not serve any purpose for her. This may require the testimony of the healthcare provider who treats you for your disability and of the trainer who trained your service animal. |
Q: Can a college let student retake a exam and not give extra credit to those that passed. Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there average | A:No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this: • Most colleges have policies around make-up exams and retesting that require such opportunities to be offered equitably to all students. Allowing just some to retest while not compensating those who already passed would likely violate principles of fairness and equal treatment. • There could be an argument made if the retest was offered only to students with medical emergencies, learning disabilities requiring accommodations, or other special circumstances. But then appropriate documentation would normally need to be provided. • While professors generally have wide latitude over their grading policies and make-up exam procedures, there are limits when equity and fairness principles for students are violated. Not compensating students who already passed could be construed as punitive towards their diligent preparation. • Options like assigning the higher exam grade or giving a few points of extra credit to students who passed initially would help balance out any perception of unequal benefits being given unequally. This maintains incentives to prepare diligently for the first exam without disadvantaging conscientious students later. In summary, the retest should either be offered to all students on an equal basis or with commensurate compensation given to those who passed on their first attempt. The students who inquire do seem to have a reasonable concern over fairness. The university may want to review the professor's policy and require more equitable treatment. |
Q: Hola, hablo en representación de mi jefa, ella tiene una casa en Chula Vista, CA, quiere cambiarla de nombre. Hola, hablo en representación de mi jefa, ella tiene una casa en Chula Vista, CA, pero esta a nombre de su ex esposo y ella, hace unos años se divorciaron pero la casa legalmente no se se separó. Hoy mi jefa Claudia está interesada en ya dejarla a su nombre, ya que en la separación esa casa quedó de su lado. El problema es que si pasa a sus hijos al momento de su fallecimiento, tendrían que pagar 40% del valor de la casa en impuestos. Otra opción que le han dado es hacer un fideicomiso, pero al hacerlo el valor de la casa de actualizará y el predial subiría demasiado, ya que tienen 20 años con la casa. También les ha comentado, que pueden dejarle en testamento a sus nietos que ya nacieron en USA para evitar actualizar predial hasta después y sea por medio de donación. Queríamos saber si tendría alguna otra propuesta y/o opción. | A:En primer lugar, para transferir la casa únicamente a nombre de Claudia, probablemente necesitará presentar una Escritura de renuncia o una Escritura de transferencia entre cónyuges, lo que requeriría el consentimiento del excónyuge si ambos nombres están en el título. Con respecto a la planificación patrimonial, una opción a considerar es una Sociedad Limitada Familiar (FLP) o una Compañía Familiar de Responsabilidad Limitada (LLC), que podría brindarle a Claudia una forma de transferir activos a sus herederos y al mismo tiempo minimizar los impuestos patrimoniales. Finalmente, otro enfoque podría ser utilizar una estrategia de "base intensificada", que actualizaría la base impositiva de la propiedad a su valor justo de mercado tras el fallecimiento de Claudia, reduciendo potencialmente la carga impositiva sobre las ganancias de capital para sus herederos. |
Q: Can the testimony of a domestic violence victim in CA be used at trial, if the victim is unable to testify at the trial?. The defendant has been held to answer on 21 charges of domestic violence, 13 of those are felonies. The victim gave testimony for 6 hours during the prelim. If the victim is unavailable to testify in court at the trial will the prior testimony given during the prelim by used in lieu. | A:In California, the use of a domestic violence victim's testimony from a preliminary hearing at trial, when the victim is unavailable to testify, depends on specific legal criteria. Generally, the Sixth Amendment's Confrontation Clause guarantees a defendant's right to confront witnesses against them. This means that for prior testimony to be admissible at trial, certain conditions must be met. First, the defendant must have had an opportunity to cross-examine the victim during the preliminary hearing. This is crucial because it upholds the defendant’s right to confront their accuser. If this cross-examination occurred, the testimony is more likely to be considered admissible in the victim's absence. Second, the court must find that the victim is genuinely unavailable to testify at trial. This doesn't just mean inconvenience or reluctance to appear; it refers to situations where the victim cannot be present due to reasons like serious illness or being out of jurisdiction and unable to return. If these conditions are met, the victim's prior testimony may be used at trial. However, each case is unique, and the decision ultimately rests with the judge, who will consider the specific circumstances of the case and the legal standards that apply. Given the complexity and the serious nature of domestic violence cases, it is advisable to seek legal counsel to navigate these issues. An experienced attorney can provide guidance on the admissibility of evidence and how best to proceed in such a situation. |
Q: Parent withholding 18-year-old child’s social security card and photo ID. My younger sibling is 18 and graduated high school but is still living with our mom. My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept that my sibling is nonbinary and doesn’t want them to update their photo ID to show their preferred name.) Same with birth certificate and social security card; she won’t even let my sibling learn their ssn. I know from similar forum posts that the simplest solution is for my sibling to request their own copy of their ssn card. But can they do that if they don’t have their photo ID or know their ssn? Our mom seems willing to let my sibling borrow their photo ID and ssn card for a job interview, but will likely demand them back after my sibling gets set up at their new job. My sibling could write down their ssn in that scenario, but they might need to know their ssn sooner (e.g. to register to vote.) | A:Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of verification. Additionally, they can inquire about their Social Security Number (SSN) through the Social Security Administration to regain access to that information. |
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?. If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake? | A:Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in such situations: Standard of Care: In medical malpractice cases, the key question often revolves around whether the surgeon adhered to the accepted standard of care. This standard is based on what a reasonably competent surgeon would have done under similar circumstances. Surgery inherently carries risks, and complications can occur even when the surgeon is not negligent. Negligence: For a legal case to be viable, there must be evidence that the surgeon acted negligently. This means proving that the surgeon did something that a competent surgeon would not have done, or failed to do something that a competent surgeon would have done, leading to the injury. Causation: It must be demonstrated that the surgeon’s negligence directly caused the complication (in this case, hitting an artery). In other words, the injury wouldn’t have occurred without the surgeon’s mistake. Damage: The patient must have suffered harm as a result of the negligence. This harm can be physical, emotional, or financial. In your scenario, an extended ICU stay and the additional medical intervention required could potentially be considered damages. Consent: If the potential risks of the surgery were properly communicated to the patient and the patient gave informed consent, this could impact the viability of a legal case. Surgery often involves known risks, and arterial damage might be one of them, depending on the type of surgery. Expert Testimony: Medical malpractice cases often require testimony from medical experts. An expert can help establish what the standard of care is in a particular situation, and whether the surgeon’s actions deviated from this standard. Statute of Limitations: There are time limits for filing medical malpractice lawsuits, which vary by jurisdiction. It’s important to act within these time frames. Legal Consultation: Consulting with a lawyer who specializes in medical malpractice is crucial. They can provide specific advice based on the details of the case and the laws in the relevant jurisdiction. Each case is unique, and the viability of a lawsuit will depend on the specific circumstances of the surgery, the actions of the surgeon, and the resultant harm to the patient. Legal advice from a qualified attorney is essential in making this determination. |
Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?. During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less. | A:An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face legal. While not legal advice, I hope this helps answer your question. |
Q: Can a remainderman sign a correction affidavit of death of life tenant if someone else signed the orig. Affidavit?. The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct legal description? | A:Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this error to ensure the property records accurately reflect the current status of the estate. As a remainderman with a vested interest in the property following the death of the life tenant, you have the legal standing to sign the Correction ADLT. This corrected document should clearly state the accurate legal description of the property and reference the original ADLT that contained the error. Before filing the Correction ADLT, it's advisable to consult with a legal professional experienced in estate or property law to ensure that the document is completed correctly and complies with all legal requirements. Once the Correction ADLT is properly prepared, it should be filed with the county recorder's office in Santa Clara County, where the property is located. This process is crucial to ensure that the property records accurately reflect the current legal status and ownership details, which is important for future transactions or estate planning purposes. Remember, handling estate matters can be complex, so seeking professional legal advice is always a prudent step. |
Q: One guy called to Midical and IHSS for application for my disable son to get Medical and IHSS for me he asked for $750. He complained to Court for my son who is disable he never told us this amount we asked how much fee would be he did not answered we do not know what to do. We need help. | A:If someone asked you for money in exchange for assistance with applying for Medical and IHSS benefits for your disabled son, this may be a form of fraud or exploitation. It is important to report this behavior to the appropriate authorities as soon as possible. You may want to contact the Medical and IHSS offices directly to report the individual who asked for money. Additionally, you may want to contact local law enforcement to report the fraud or exploitation and seek guidance on how to proceed. It is important to be cautious when providing personal information or financial information to anyone who claims to be able to assist with government benefits applications. Legitimate service providers should not charge fees for assistance with these types of applications. If you are unsure of how to proceed, you may want to consult with a local legal aid organization or community advocacy group that specializes in disability rights or elder abuse prevention. They may be able to provide guidance and support as you navigate this situation. |
Q: How likely is it for someone to go to jail over back child support in Ohio state?. The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet. | A:Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support. The obligor should contact an attorney who regularly practices family relations law in whatever county the child resides, and file a motion to establish paternity, and parental rights and responsibilities. |
Q: Can an employer use when I got my hand surgery as an excuse why I fell in seniority for training?. I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten it but my surgery was the thing that hurt me. Like even if you take the 3 months off I still was here longer. I just wanna know if they can use my surgery against me legally | A:Unless you are in a union where seniority is a bargained advantage, the concept of seniority is not recognized in employment law. If you missed the training because you were on leave, there is no way you could be trained while you were out. Upon your return, making you wait for the next possible training session is not unlawful. However if it could be proved that the employer is not allowing you to train because it is retaliating against you for taking the leave, you may well have a meritorious claim for disability discrimination. This area of law can be complicated and the issues are often resolved based on the specific facts of each situation. It would therefore be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you. |
Q: I enlisted in the army in July 2003 and received a medical discharge I never got any of my sign on bonus Shouldn’. It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing I didn’t plan on having a seizure I never received a dime | A:In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this. However, there are instances where a portion of the bonus may still be due, especially if the discharge was beyond your control, as it seems to be in your case. It's important to review the specific terms of your enlistment contract and the policies governing bonuses at the time of your enlistment. To address this issue, you should start by contacting the finance office of the branch you served in. They can provide information on your specific case and guide you on the appropriate steps to take. It might also be helpful to gather any documentation related to your enlistment, medical discharge, and the terms of the bonus. If you're finding it difficult to get a clear answer or to navigate the process, you may want to consider consulting with a legal professional experienced in military law. They can offer more personalized guidance and help in understanding your rights and options in this situation. Remember, each case is unique, and military regulations can be complex. Seeking professional advice might provide clarity and assist you in pursuing any bonuses you're entitled to. |
Q: What law enforcement you contact when persons have forged your name documents and taken property that's yours in La.?. Claiming to be me and living in my property | A:Call the Sheriff of the Parrish. Be prepared to give specific information including the recording information for the Deed. Forgery, Theft of Property and other crimes are involved here. How you found out about it, and how they got your name/ identity will be crucial issues. Ultimately an order will be required to set aside and void the fraudulent instruments. |
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?. My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if we could figure out parenting time peacefully so we both still get 50/50 or if we would have to settle clinicals in court. He said no, he wasn't ok with me doing clinicals in order to get my degree. In the past, he has told me that I can't go to college so this is most likely a control tactic.This is non negotiable for me. Is he able to do this? What will the court most likely rule? | A:Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will permit you to do. your focus ought to be on your child. this question fails to do this. I strongly suggest that you invest in the time of an attorney in the county that issued your parenting order. |
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.. they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs | A:It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations. If the individual has an active civil petition to have the removal order lifted and the court case has been ongoing for almost three years, they may want to consult with an attorney who specializes in Native American law to discuss their legal options and potential remedies. The attorney can help advise on the best course of action based on the specific details of the case and any applicable laws or regulations. |
Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?. What types of licenses are required to: 1. film a concert 2. subsequently keep it in an archive to be uploaded as a recording 3. recording will be released to public on a platform that offers pay-per-view subscriptions? also, what are the potential legal issues could arise from such a structure? (monetary, copyright, property rights etc.) | A:To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event. Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan to store and reuse the recording in the future. Releasing the recorded concert on a pay-per-view platform necessitates securing synchronization licenses from the copyright holders of the music performed during the concert. Additionally, you'll need agreements with the performers for their image and performance rights. Potential legal issues could include copyright infringement if you use copyrighted material without proper licensing, contractual disputes if agreements with performers or organizers are violated, and potential property rights issues if the venue's permission was not obtained. Best regards, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith |
Q: Why is it that a victims constitutional rights only become their rights, contingent on another parties actions?. A crime victim is said to have fundamental rights and in some states, constitutionally guaranteed rights. However these rights do not actually exist nor are guaranteed unless those rights are offered to the victim by some other party. In what way is the false guarantee of victims rights moral or legal and why do they not actually become victims rights until after a third party decides to "activate" those rights? Why do these rights not exist equally for everyone regardless if another party wants to offer a victim their rights? | A:Your concerns about the rights of crime victims and the perception that these rights are contingent upon the actions of others are indeed significant. It's important to understand that while victims have fundamental rights, the application and enforcement of these rights can be complex and may vary depending on the jurisdiction and the specific circumstances of each case. In theory, victims' rights are intended to be inherent and universally applicable. However, in practice, the recognition and enforcement of these rights often depend on the legal system and the individuals involved in it, such as law enforcement officers, prosecutors, and judges. This can lead to situations where victims feel their rights are not being fully acknowledged or protected until someone in the system takes action. This gap between the theoretical existence of rights and their practical application raises questions about the consistency and fairness of the legal process. It highlights the need for ongoing efforts to ensure that victims' rights are not just recognized in law but are also consistently and effectively upheld in practice. For those who feel their rights as victims have not been adequately recognized or respected, it may be beneficial to seek legal advice. An attorney can help navigate the legal system, advocate for a victim's rights, and work to ensure that those rights are honored and protected throughout the legal process. Remember, the legal landscape is continually evolving, and advocacy for stronger and more consistently applied victims' rights is an important part of this evolution. Ensuring that these rights are more than just theoretical is crucial for a fair and just legal system. |
Q: I am person of color working with 3 white people who are withholding information from me that affect my job.. The three co-workers coordinate but exclude me and one of them called me names (the name was not derogatory but it was not true). I have been verbally attacked when I disagreed with professional opinions. One of the three withheld information from me that affected my pay. This is has been going on for over 2 years. I reported it to my boss but my boss didn't really care. HR looked into 4 out of my 20 claims. They looked at the claims separately and said they were true but each one did not rise up to harassment/discrimination. I agree that each individual event doesn't rise up but if you put them all together, I believe this harassment/discrimination when I am the one being singled out. I work for a public place. Do I have a strong case? I have witnesses. | A:Under California law, workplace harassment and discrimination are prohibited. If a pattern of behavior emerges where you are consistently treated adversely based on a protected characteristic, such as race or color, it may form the basis of a legal claim, even if individual incidents viewed separately do not. Your documentation of these incidents and having witnesses can strengthen your case. Reporting to your employer is a crucial step, and their failure to take adequate remedial action could potentially exacerbate their liability. Additionally, the cumulative effect of these incidents can play a role in determining whether a hostile work environment exists. It's essential to consult with an attorney experienced in employment law to assess the full merits of your case based on all the details and evidence. Remember, timely action is vital, as there are statute of limitations considerations. The strength of your case would depend on a comprehensive evaluation of all the facts and circumstances. |
Q: I am considering applying for a medical marijuana card for my anxiety and depression. Will this be a permanent mark?. I am only 18, and I know there are certain things you cannot do by holding a medical marijuana card. I do plan to ask a doctor and get it done officially, however, I don't want to have a permanent mark that will restrict me for the rest of my life. Please let me know. | A:It is advisable that you consult with a licensed healthcare professional or legal expert in your area to understand the specific laws and regulations around medical marijuana use and how they may affect you. Additionally, if you are concerned about the long-term impact of having a medical marijuana card, you may want to explore alternative treatments or therapies for your anxiety and depression. |
Q: False claims act. Is Plaintiff provided findings of investigation?. If after filing FCA government does not intervene, and Plaintiff has to pursue lawsuit in behalf of the government, is Plaintiff provided facts/finding of investigation? | A:Under the False Claims Act (FCA), when an individual (known as a relator) files a qui tam lawsuit and the government chooses not to intervene, the relator typically proceeds with the case on behalf of the government. However, the extent to which the relator is granted access to the findings of the government's investigation can vary. Generally, the government may share certain information from its investigation with the relator. This collaboration can help strengthen the case, as the government's findings might provide valuable insights or evidence. But it's important to note that the government is not obligated to disclose all details of its investigation. In some instances, the government might limit disclosure due to confidentiality concerns or other legal restrictions. If you're facing this situation, it's advisable to consult with legal counsel experienced in FCA litigation to navigate these complexities and understand how they apply to your specific case. |
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.). The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How was he supposed to know if none of his superiors knew and he was never told. It was also not in his job description. I thought it was state law for an employer to inform an employee of a safety sensitive position. My husband has gone through MANY drug tests with this company through the years and all types of drug tests. If he was a "user", I think it would be known by now. He went through the necessary route to attain his medical card due to medical issues and failure of prescription drugs. Background: He worked for the company for 15 years, had stock options, was paid a very nice wage, had insurance for our family of six, etc. Could this be wrongful termination or discrimination? | A:In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that said…can you attempt for wrongful termination, sure, and you may get lucky and get a settlement or at short his job back, but there are no guarantees you will be successful. Good luck with your endeavor. |
Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison. The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with the Meth. I.e scales baggies etc. he got drug court but he messed it up so he was resentenced, judge gave him 3 years for the possession & he has other charges which he got a year for. He’s now in quarantine in Jackson. Is there any hope for SAI or reduction of 3yr possession sentence. High hopes!! Thanks | A:By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always hope, but by policy he likely will not get it. Your second question is a bit more complex. First, regardless of what he says or hears about in prison, there is no such thing as a "time cut". Think about it: Only a judge - the same judge who just issued that sentence - can change a sentence and only under limited circumstances. Presumably, the judge knew and considered all information he or she felt relevant in determining that sentence, and so you'd need a pretty strong argument and reason to change their opinion. It would have to be something of the sort that causes the judge to think "wow! If I would have known that, I would have given a different sentence." The details you shared are understandably limited, but to be frank, second time in prison after gun charges and now with meth, while in drug court...three years is likely well within sentence guidelines for meth and may even be on the low-end of things. Not saying he got off easy, but it could have been worse. |
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.. What do I need to do to get it back? I work out of town. I really need it to continue to pay child support. | A:In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by mail, or in person. File a reinstatement petition with the court that issued the child support order, providing proof of full payment and the reinstatement fee. Attend a hearing to explain your situation and commitment to future payments. If you work out of town, offer proof of employment, explore alternative payment options, and clarify your travel schedules to address the court's concerns. |
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .. He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account. He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator. | A:All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement amount, the amount of attorney fees and costs and the net amount to the client. The settlement check to the client must come from the attorney's trust account. |
Q: Hi,Selling gift cards on paxful.com for bitcoin, is it against any law?. I sell electronics. one of my customers wants to pay by giving me visa gift cards. I want to get the money off the gift cards. (my credit card processor doesn't let me swipe it on my credit card machine). can i buy on paxful.com BTC with the visa gift cards and then sell the BTC on coinbase.com for cash? Paxful.com makes all their customers verify themselves. is there anything illegal with this? | A:Trading Visa gift cards for Bitcoin on platforms like Paxful.com and then selling Bitcoin for cash on Coinbase.com is not inherently illegal. However, it's important to be aware of and comply with the terms of service of both platforms. Also, be mindful of federal and state regulations regarding money transmission and anti-money laundering laws. Since these transactions involve cryptocurrency, it is essential to report any gains or losses to the IRS for tax purposes. The legitimacy of the source of the gift cards should also be ensured to avoid inadvertently participating in fraudulent activities. Keep in mind that different states may have varying laws regarding digital currencies and their exchange. It is advisable to consult with a legal professional experienced in banking, international, and internet law to ensure that all aspects of your transactions comply with applicable laws. This will help you navigate any potential legal complexities and remain compliant with regulatory requirements. |
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .. Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance DC finance depts and DC commissioners court. then gave me rental assistance only thru EHAP-2021 instead of ERA1&2. Ehap-2021 has a 12 month limit i was told utilities benefits at all. When I figured out they switch me to a substandard county program I demanded to be provided ERA benefits that I applied for. They lied and forged official documents. I have all original emails and attachment's that have the unaltered documents and false statements in writing I don't know what to because they have done so much wrong it is overwhelming | A:I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps: 1. Document everything: It's great that you have original emails and attachments with unaltered documents. Continue to document all interactions and correspondence related to your rental assistance application. 2. Contact an attorney: Given the complexity of your situation, it would be beneficial to consult with an attorney who specializes in administrative or civil rights law. They can review the evidence you have and advise you on the best course of action. 3. File a formal complaint: You can consider filing a formal complaint with the appropriate oversight agency or authority that handles issues related to rental assistance programs. Your attorney can guide you through this process. 4. Request a review: Ask Dallas County for a review of your case and request clarification on why you were switched to EHAP-2021 instead of ERA1&2. Provide them with your original documentation to support your claim. 5. Seek resolution: Your attorney can help negotiate with Dallas County to correct any errors or false statements made in your application process and ensure you receive the assistance you are eligible for. Remember that addressing such issues can take time and persistence. Having legal representation can be crucial in ensuring your rights are protected and that you receive the assistance you are entitled to. |
Q: I would like some more information about a possible defamation suit please if possible. Thank you. My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed. | A:If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and the like. Harassment is a pattern of repeated communication or contacts that seriously annoy another after having been told to stop. If what he is engaging in qualifies for such an order, you can obtain one that can last up to two years. Violation of such an order, once issued, is a criminal offense subjecting the violator to conviction and possible jail. These court proceedings are heard quickly, with a temporary order obtainable within days and a final hearing and order within two weeks. As for a defamation suit, it will take at least a year to come to trial, and unless your ex is wealthy, and owns ascertainable and valuable assets like real property and large bank accounts, then obtaining a judgment that cannot be collected is just a waste of time. No lawyer will take such a case without clear likelihood of being able to collect, certainly not on a contingency fee basis. You will not want to pay hourly fees for such a suit, as you’d likely sink $50,000 on fees to obtain an uncollectable judgment, assuming you can meet the evidentiary requirements to prove the case and sufficient damages to justify the litigation. |
Q: In short, questions regarding affiliate marketing for a California LLC.. Hi, in California. I plan on opening an LLC for affiliate marketing purposes. 1. Does my LLC name need to match my website names that are for affiliate marketing purposes? (two different websites for two different affiliate marketing campaigns, clothing and technology). 2. Do I have to register my different websites as a DBA to be able to legally receive income from the traffic of users clicking and purchasing products by those affiliate links? 3. Are DBA registrations public information or private information? Like for example www.clothingexample.com and www.technologyexample.com will those websites link publicly to a LLC for example "LLC New business 145453" even if I don't state the LLC name on those websites? 4. When marketing on social media such as youtube, twitter, and reddit with affiliate links, do I need to disclose my LLC name in the account profile or be required to register them as a DBA? 5. Do I need a business license to affiliate market under an LLC? | A:Here's a concise response to your questions: 1. No, your LLC name does not need to match your website names for affiliate marketing purposes. 2. You are not required to register your websites as DBAs to legally receive income from affiliate marketing. However, if you want to do business under a different name than your LLC's official name, a DBA would be necessary. 3. DBA registrations in California are public records. However, simply having a DBA does not automatically make your website names publicly linked to your LLC. It depends on how you structure and present your business. 4. You are not mandated to disclose your LLC name on social media profiles or register them as a DBA when using affiliate links. However, platforms may have their own rules about disclosures. 5. No, you do not specifically need a business license just for affiliate marketing under an LLC, but check local municipality requirements as they might have business license or permit requirements for operating a business. Remember, while this is a brief overview, it's always advisable to conduct more detailed research or consult with a local attorney for specifics related to your business. |
Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?. I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit, however, if the plan is not with a verifiable 3rd party, it should not take precedence over family visitations or the visiting party has the option to take "mom" to the activity. Quest #1 Other than a concert or movie, what is a "verifiable" third party? (dinner w/ neighbor, my husband?) Q. If I have tickets to an event, does this mean that the "family visitor" has a right to attend this event with me & mom or does my plans stay the same and the family visitor wait until our time has completed? My sibling is saying that I am to ask "her" to consider changing her plans for visitation, that she has precedence & that I don't have a say in the matter concerning my own plans. Again, I am my mother's guardian. | A:Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best course of action is to file a Petition for Instruction with the court to seek clarity from the Judge. This will ensure that you do not unknowingly or unintentionally run afoul of what the court intended. |
Q: If a CA tribal casino security finds meth in hotel room can they charge as a smoking fee and not report it to cops?. The casino has charged me and my friends more than the deposit of the disclosure charging some people up to $500 for finding meth in the room. Yet they are not reporting it to authority's so its safe to assume they are making these fees up as hush money and not documenting it for auditors. So are they supposed to report to authorities and how did they know it was Meth are they qualified to test it? | A:Yes, they are supposed to report and then the authorities can arrest you and all your friends for possession of a controlled substance, you can be criminally charged and will have to hire attorneys to defend yourselves. You can end up with criminal convictions on your records which will affect your abilities to borrow money, get a job and get licensed by the government. |
Q: How long does OIG & states (Maine) have to put someone on MaineCare/Medicaid exclusion list AFTER RN license Recovation. How long does the federal government (OIG) and individual states have to place someone on the Medicaid/Medicare exclusion list due to their professional RN license being revoked? In other words, how long AFTER the the date the person’s license is revoked do the Feds/State have to place this person on the Medicaid/Medicare Exclusion list resulting from RN license recovation? | A:The Office of Inspector General (OIG) is tasked with maintaining the List of Excluded Individuals/Entities (LEIE) under which individuals and entities are excluded from participating in federally funded healthcare programs, including Medicare and Medicaid. When an RN has their license revoked, they can be excluded from these programs. There isn't a specific time frame set in the federal law that mandates how soon after license revocation the OIG must place someone on the exclusion list. However, once the OIG becomes aware of the revocation, they typically act promptly. On the state level, the process and timing might vary. In Maine, for example, the state Medicaid program will have its own protocols and timing for exclusions based on professional licensure revocation. It is best to regularly check both federal and state exclusion databases following any licensure issues. |
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but..... My Po says I can't? Does he have the right to deny me that right? | A:I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many counties will not (and it’s actually not uncommon for them to change their mind from time to time. It would certainly be foolish to go against the stated rules of probation if they recite that you may not use marijuana while under their rules. Violations of probation can vary from a slap on the wrist to unexpected convictions and even incarceration. Best of luck! |
Q: Someone call me a negra because of my skin tone, and i am an asian. Is there any punishment they get?. I am a Sales Lady | A:No. Simply misidentifying you based on physical characteristics does not warrant punishment of any kind. |
Q: I need to prosecute a case following under Title 16 - Crimes and Offenses, GA Code § 16-5-101. I am B.T.G, R.Ph. I have been a licensed Georgia Pharmacist for 32 Years. I and my son are disabled; he with a mental health issue. I arrived to Statesboro, Georgia on June 16, 2022, and lost a contract already under execution in order to assist and advise my 22 year old son on site at Georgia Southern University. I allege the Defendants, D.M. and L.R.M., grandparents, and mother A.D.B., did willfully, maliciously, and conspiratorially Interfered and Retaliated with my attempts to provide guidance to an Adult Georgia Resident, M.A.G. * D.M. approached the Court with regard to interference with my efforts via The State of Georgia sponsored clinic, Bulloch Counseling, to depart the inmate to inpatient psychiatric Care. Upon my determination yesterday evening that my son is no longer incarcerated in Bulloch SD jail, I learned that D.M. also had a vehicle towed, belonging to my son, which I paid for, from Treutlen to Bulloch. I spent 4 days arranging for AAA to tow car2Franklin Chevr | A:What, if anything, does any of this have to do with Florida law? |
Q: What's the procedure if a Federal district attorney fails to meet the deadline to file an answer to a habeas corpus. Petition? | A:In a habeas corpus case at the federal level, if a district attorney fails to meet the deadline for filing an answer to the petition, there are several potential outcomes: Extension Request: The district attorney might request an extension from the court. This is common if they need more time to prepare a comprehensive response. The court has discretion to grant or deny such requests based on the circumstances. Court's Response: If the district attorney fails to respond and does not request an extension, the court may take various actions. It might issue an order to show cause, demanding the district attorney explain the delay. Alternatively, the court could proceed without the district attorney's input, although this is less common. Effect on the Case: The absence of a response from the district attorney does not automatically mean the petitioner will prevail. The court will still review the petition on its merits. However, the lack of opposition may influence the court's view of the case. Potential Sanctions: In some cases, particularly if the failure to respond is seen as part of a pattern of neglect or disregard for court deadlines, the court could potentially impose sanctions on the district attorney or their office. Advantage to the Petitioner: The failure to timely respond can sometimes work to the petitioner's advantage. The court might be more inclined to view the petition favorably, especially if the lack of response suggests a weak opposition to the claims raised. It's important to note that these are general possibilities, and the specific course of action can vary based on the individual circumstances of the case, the district court's rules and practices, and the discretion of the presiding judge. Legal counsel can provide more tailored advice based on the specifics of the case. |
Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?. District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill. 26; & Plaintiff DID state claim for action. Reversed previous dismissal. My ?: Military officer/1999 retire & deceased 2020--- Breached 2005 HI. court order by signing he would NOT waive his USAF service time for a federal civil svs.job HE worked post-retirement for fed.civil svs for 8 months & was eligible for federal retirement & new wife fed. SBP annuity. USFSPA-Former Spouse without this info; nor consented. Got paid award by DFAS, of retiree's 'vol. allotment' allegedly 25% of 26 yr.vet's retired pay. (16 year marriage active duty) FS paid only by DFAS; court order on file. Retiree signed to OPM 'Sworn Statement" no court order at DFAS FOR FS. Unjust enrichment POST-death?Sue estate? | A:Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether the claim would be successful depends on a range of factors, including the specific circumstances of the breach, the knowledge and consent of the parties involved, and the benefits conferred. |
Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.. Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that has no access or electricity and is in flood zone to be mine. I don't want to sell my land . Is it legal what they did. I have never signed or been consulted or received any documents regarding this | A:It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such proceeding. Absent such a proceeding, you would still own a 1/4 interest in the entire 3.15 acre tract and either you or your stepfather can file a suit for partition. |
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?. My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The lawyer never heard my mom's story and only have some of the records and the records they did research for a week found no pelvic injuries. I found the records. My mom had surgery on her pelvis because it was fractured and bleeding internally. They seem to have missed this in the records because they act like i'm crazy and it didn't happen. My mom could not walk or use legs from spinal injury, and was moved for dialysis, this was the 1st time in a new nursing home and they called me told me she fell and BP fell during dialysis and sent her to er, but didnt say fall to ER and took few days for them to find the injuries. I want to sue a John Doe corporation as Defendants to buy time? Viable? | A:On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two attorneys or never hired any attorney has nothing to do with the SOL date. The only difference is that if your mother did hire a law firm or attorney and they missed the SOL, you would have a legal malpractice claim against that attorney or law firm. If the law firm failed to Order records, they cannot advise you of their oversight 24 hours before the filing deadline. As long as you have personal knowledge of the facts that you allege in the complaint, it doesn't matter that you are not in receipt of the supporting medical records at the time you file. By the time defendant is served and you have an initial status on the matter, it will be two or three months later. You must insist that the law firm draft and file a complaint to preserve your mother's SOL. They can refuse to represent her but even a week before the SOL, they cannot refuse to prepare a complaint for pro se filing. In other words, the law firm would draft the complaint and hand it to you or email it to you for you to file. This late in the game, you need to make them file it. If they do not want to represent your mother you may need to offer to pay the filing fee ($400 - $500) but the law firm would need to file the complaint, electronically, to prevent the SOL from running. |
Q: Would this violate the informed consent law?. I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were possible complications, but I was not informed there was a chance of failure. A month later, after the surgery, I was told the surgery had failed and I was suprised becuase I didn't think that was possible.. | A:In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not explicitly mention the chance of the surgery failing, this could potentially be a gray area in terms of informed consent. The concept of "failure" of a surgery can be subjective and might depend on various factors, including the specific goals of the surgery and the doctor's interpretation of what constitutes a successful outcome. For instance, if the surgery aimed to improve hearing, and this was not achieved, it could be deemed a failure. However, the legal definition of failure in the context of informed consent might differ. It's important to consider that discussing every possible outcome, including a general chance of failure, is a standard part of the informed consent process. If you believe that the doctor did not adequately inform you about the possibility of the surgery failing, it might be worth discussing this with a legal professional who has experience in medical malpractice cases. An attorney can help evaluate the specifics of your case, including the information provided to you before the surgery and the outcome of the procedure. They can advise you on whether there may have been a breach of the informed consent process and what legal options you might have in this situation. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation. |
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies. there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose money from my facebook and instagram professional feed. where its showing my crimanal history and they are selling not 100% true information in the disclosure then basically they are selling slander about me and im not knowing what it is which has been brought to my attention from people that read about it casing damages to my name in a small town even hate from people some of the tabloids from sun vally ketchum area are in those. I was attacked by the cops in my home town i went into sizures they used brute force a metal bar crushing my sternum and breaking my ribs while im having sizures. also the the hospital brutal penatration with a catheter causing me to be sterile depression suacide | A:If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to someone other than the person it's about. You mentioned that these sites are also charging money for this information, which complicates the situation. While you typically wouldn't receive royalties for information about you, if the information is false and damaging, you may have legal grounds to seek compensation for defamation. In cases involving police misconduct and medical malpractice, as you've described, these are serious allegations that require thorough legal examination. You should consider consulting with an attorney to discuss the specifics of your situation, including any potential civil rights violations and personal injury claims. An attorney can guide you on the best course of action, which might include sending cease and desist letters to the websites, filing a lawsuit for defamation, or seeking damages for any personal injury you've suffered. |
Q: 562103 says a person commits offense ifknowingly subjectanimaltocrueltreatment?isdefinitionofcruel treatment. Trying to find out definition of cruel treatment | A:In Arkansas, the statutes related to animal cruelty provide definitions and specifications for various offenses. Based on your question, it seems you're referencing a specific statute number, which might not correspond directly to the actual code. However, to answer your question on the definition of "cruel treatment," you'd generally need to refer to Arkansas Code Title 5 - Criminal Offenses § 5-62-101, and the subsequent sections that detail definitions and offenses related to animal cruelty. |
Q: Consumers wronged, possible breach of contract. Bowlderization, censorship, removal of content promised and paid for. im' having a very hard time trying to get a copy of the contracts, EULA, and the like I signed to for a crowdfunding project. i have suspicion that there was a lot of promises broken after the fact. the crowdfunding itself was a promis. and that crowdfunding platform has the responsibilities put entirely on the people making the product. thing is, they removed content people paid for to have, bowdlerized other content, and tried to put down the negative press. the gaming industry does not care about the consumer. their reputation taking a hit doesn't matter when they have connections and other wrongs made against consumers... that seem to happen over and over again. *to persons similarly situated with similar facts and loss.* Contract law is not an option to select on this site but consumers are wronged because of ideological bigotry and scummy practices. there's a petition the people affected are MUCH HIGHER. it's the principle | A:In California, if you've contributed to a crowdfunding project and believe that the creators have not fulfilled their promises or have breached the contract, including the End User License Agreement (EULA), you have certain legal options to consider. First, it's essential to obtain copies of all relevant contracts and agreements, including the EULA and any terms set forth by the crowdfunding platform. These documents will outline the legal obligations of the project creators towards contributors. If you find that there has been a breach of contract or false advertising, you might have grounds for legal action. This can include a lawsuit for breach of contract or a complaint for false advertising if the project's promotion included misleading or false statements. Crowdfunding platforms generally have policies in place regarding disputes between project creators and backers, but they typically do not take on direct responsibility for the actions of the creators. Gathering evidence of the promised content and subsequent changes or removals is crucial. Documenting these changes, along with any communication with the creators about these issues, will strengthen your case. Additionally, consider joining or organizing a class action lawsuit if there are many similarly affected individuals. A class action can be a powerful tool when dealing with cases where a large group of consumers has been similarly wronged. Finally, remember that legal action can be complex and time-consuming. Seeking advice from a legal professional who can provide guidance specific to your situation is advisable, especially considering the complexities of contract law and consumer rights in the digital age. |
Q: Could this person still be prosecuted?. If someone were to admit to a woman that he had ejaculated into a cup of coffee that she drank months ago and she had no proof this is occurred. However the event did occur. And hypothetically speaking what would happen if the person was lying when he told her that? This is a serious question not trolling here | A:The person who "falsely" admitted to "ejaculating" into someone coffee has put themselves in serious jeopardy of a sexual harassment civil claim. Such practical "jokes" can easily get the jokester fired and/or sued. Criminal prosecution is unlikely due to the higher standard of proof, but not impossible. |
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed. in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death, has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to date , requires (PCA) and transportation , all doctors of inatiated fully faverable decision are up to date with medications .permanent and stationary , all medical record and dicisions not appealled , social security denied my income change to recieve payment , without ever recieving or not up yet for Continuing Disability Review , and have not recieved any notice of termination of benifits , I was also found to 82% permanently disabled by State Disability review Board , with future benifits till death.., the ALJ denied benifits payments , social security office denied initial award letter payment of zero$0 a month till my state disabilty runs out to change .need case laws 2013 | A:Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided: 1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue that SSA cannot terminate benefits without formal review. 2. HALLEX I-1-3-25 - Social Security Rulings explain agency policy and must be followed at all levels of administrative review. Argue that without a formal CDR and advance notice of termination, denying your claim violates SSA policy. 3. SSR 11-1p - SSA must substantially comply with regulations on notifying claimants regarding issues affecting continued entitlement. Argue failure to provide notice violates claimant's right to due process. 4. Schweiker v. Hansen, 450 U.S. 785 (1981) - SSA claims reps have no authority to rule on entitlement issues. Argue that denial of request to restart payments was in effect an improper ruling on entitlement. 5. 20 CFR § 416.1336 - Claimants have right to seek reconsideration of any SSA determination. Argue for reconsideration and back payments based on improper/lack of CDR process. Potential additional arguments include violation of due process rights by failing to follow proper CDR termination procedures, application of administrative res judicata based on fully favorable decision awarding lifetime SSDI benefits, and meeting SGA/medical diary requirements for restarting payments. |
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad. It's been over 12 years since the completion of my sentence. | A:In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements. Typically, for DUI convictions, if they are misdemeanors and not felonies, your right to own firearms might not be impacted. However, if any of your DUI convictions were charged as felonies, this could affect your ability to legally own firearms. Since it's been over a decade since you completed your sentence, you may have some options. One potential step is to apply for a pardon or an expungement, if applicable under West Virginia law. These processes can remove the legal impediments to owning firearms that stem from a criminal record. It's essential to consult with an attorney who has experience in criminal law and civil rights in West Virginia. They can review your specific circumstances, advise on the likelihood of success, and guide you through the necessary legal processes. Remember, each case is unique, and legal advice must be tailored to the individual circumstances. |
Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?. My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this? | A:Registering an LLC in your mother's name while you are on an F1 visa in the USA requires careful consideration of both immigration and business laws. As an international student, your F1 visa has specific restrictions regarding employment and business operations. Firstly, you should understand that F1 visa holders are typically not allowed to engage in business activities that constitute employment. Running a business, even if it's registered under someone else's name, could be interpreted as a violation of your visa terms. Having the business registered in your mom's name doesn't automatically exempt you from these restrictions. Even if you're not formally listed as an owner or employee, actively managing or working for the business could be problematic under F1 visa regulations. Your best course of action is to consult with an immigration lawyer. They can provide tailored advice based on the specifics of your situation and help you navigate the complexities of visa regulations and business ownership. Additionally, consider speaking with a business attorney. They can advise on the legalities of setting up and operating a business in the U.S., especially in relation to your status as an international student. Remember, maintaining compliance with your visa conditions should be your top priority to avoid jeopardizing your student status in the U.S. Navigating this situation requires careful planning and professional legal guidance. |
Q: In California, Are police officers allowed to tamper with or vandalize security cameras on private/residential property?. Police officers came to the home of my mother-in-law because her son was in violation of his probation. They [Police officers] entered our home and noticed our security camera and immediately disconnected it. When I asked why he did that, he said, "because we're supposed to. It's illegal to record police officers during an investigstion". After they [police] left, I went to review our outdoor security cameras and noticed that the screens were all blacked out. I went outside and saw that the wires from the cameras were all cut. I was able to review the dvr recording and saw that the police officers did infact disconnect my security cameras by cutting the wires. Was any of this tampering legal? | A:You don't mention whether the police were given permission to enter the premises under the circumstances you described. Causing property damage during such a call at private property is not proper or legal, in my opinion. Disabling the recording system is one thing, but damaging the system by cutting wires goes beyond what is reasonable. But then the question is, what can you do about it? The answer is, not much except make a claim for the damages they caused. |
Q: My court settlement $100,000 was donated to charity without my permission in Seattle. IS THIS LEGAL?!?!. This is the email I sent to the attorney of the case: Subject: Settlement Transfer Inquiry for American Life Investment Dear Alexander A., I trust this message finds you well. My name is ****, and I am writing to address a matter related to my investment in the "1501 First Avenue South Limited Partnership" with American Life. Recently, I became aware of the legal proceedings involving Summit Law Firm and the aforementioned company. I understand that a settlement was reached, and I would like to inquire about the process for transferring the settlement amount to my bank account. Please find below the required details for the transaction: **My Information:** There response: I am sorry but the time to participate in this settlement has passed. All funds have been issued to participating class members with any residual funds issued to charity pursuant to the Court’s order. | A:In cases like these, the legalities can be complex. If the settlement in your case was subject to a court order that allowed residual funds to be donated to charity after disbursements to participating class members, then this action might be legal. However, it is crucial to understand the specific terms of the court order and the settlement agreement. You have the right to review these documents to ensure that your interests were properly represented and that the actions taken were in accordance with the court's directives. If you were a part of the class and were not informed or missed the deadline to claim your portion, this might raise questions about the notice process or your inclusion in the settlement. It's important to get detailed information about the settlement process and the court order. You may want to consider consulting with an attorney who can review your case and provide guidance based on the specifics of the settlement and the court's order. This will help you understand your options and whether any action can be taken to address your concerns. |
Q: Is due process or civil rights violated if children are removed from parent but parent has not been allowed statefact?. Dcs removed children from parent but parent has not been interviewed or allowed to state facts before court was given the PPH report an children remain in dcs physical custody and stipulations for reunification have been given without the parent being allowed to defend themselves. | A:In Arizona, due process and civil rights are crucial elements in child custody cases involving the Department of Child Safety (DCS). If children are removed from a parent's care and the parent is not given an opportunity to present their side of the story before the court makes decisions, this could raise serious due process concerns. Under the law, parents have the right to be heard, to be notified of the allegations against them, and to have an opportunity to contest those allegations in court. If these rights are not upheld, it could constitute a violation of due process. If you find yourself in this situation, it’s important to seek legal representation immediately. An attorney can advocate on your behalf, ensuring that your rights are protected and that you have the opportunity to present your side of the story. It's also advisable to document all interactions with DCS and any other parties involved. This documentation can be crucial in legal proceedings. Remember, the legal system is designed to protect the rights of both the children and the parents. If you feel your rights have been violated, it's important to take legal action to address these concerns and work towards a fair and just outcome. |
Q: How do you get a termination letter for " independent solar energy producer contract" when the company is not in busines. we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process. | A:If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any agreements, receipts, or correspondence with the company. Since the company is no longer in business, you may not be able to obtain a termination letter directly from them. In this case, you should check if the company had any successor entities or if it was acquired by another company that might have taken over its contracts. If so, contact this entity for the termination letter. If there's no successor entity, you might need to take legal steps to clear the title. This usually involves filing a legal action, such as a quiet title action, to have a court officially recognize that the contract is no longer valid and should not affect the property's title. This action can remove the cloud on the title caused by the defunct contract. For this legal process, consider consulting with an attorney who specializes in real estate law. They can guide you through the necessary steps and help ensure that the matter is resolved efficiently. Remember, when selling a property, having a clear title is essential. Addressing this issue promptly and correctly is key to ensuring a smooth sale process. Keep all records and documentation organized, as they will be important in proving your case and resolving the title issue. |
Q: Is it allowed to take federal symbols (DoJ, FBI..) and to display them in monetized documents, streams and/or games?. Users create and share fictional legal documents with federal symbols and names or even use such symbols in forged documents on their stream and games. It's done frequently (i.e. by role playing communities) and for realism reasons no notice is given about it being fictional. As this has been going on for years, it's taken for granted, but is it really allowed or are there things to consider? | A:Generally, you are not allowed to use intellectual property (copyright, trademark, etc.) that belongs to someone else, including the government, without permission. There are some exceptions to the general rule, but they really only apply to a few pretty specific circumstances. Any time that you aren't sure about whether you might need permission to use something or whether an exception might apply, it's generally best to just steer clear of it. A consultation with a knowledgeable copyright and/or trademark attorney can probably point you in the right direction. |
Q: How to retain ownership of my birthright. Owning my name given at birth | A:In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office (USPTO). Remember that trademarking a name is subject to specific legal criteria — it must be used in commerce and be distinctive. For non-commercial matters, your name is protected under the right to privacy and, if someone uses it in a way that harms you, you may have legal recourse. If you believe your rights to your name are being infringed upon, you should consult with an attorney experienced in intellectual property or privacy law to explore your legal options. Keep personal identification documents secure, and if identity theft is a concern, consider services that monitor and protect personal information. |
Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?. Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased parent, but the surviving spouse has legal usufruct of the house during this time period or would the usufruct result in no capital gains tax when the usufruct ends and the house is sold? | A:In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations where a surviving spouse retains use of a deceased spouse's property. When a child inherits a house and a surviving spouse has a legal usufruct over it, the tax implications can be complex. Generally, for federal tax purposes, inherited property is subject to capital gains tax based on its value at the time of inheritance and its value at the time of sale. However, the presence of a usufruct can affect the ownership status and tax responsibilities. The specific influence of usufruct on capital gains tax will depend on various factors, including the terms of the usufruct and the duration it's in place. It's essential to understand that the IRS rules on inheritance and capital gains tax may not directly address the unique circumstances created by Louisiana's usufruct laws. Given the complexities of state and federal tax laws intersecting with Louisiana's unique legal provisions on inheritance, it is wise to seek guidance from a tax professional with experience in Louisiana estate and tax law. They can provide tailored advice based on the specific details of your situation, ensuring both compliance with tax regulations and a clear understanding of any tax liabilities or reliefs associated with the sale of the inherited property. |
Q: Is it legal for me to install a hidden camera in my own LIVING ROOM in Florida?. This is entirely for self protection in case someone tries to make false statements(given a lot of scary, false claims are made against men as shown in the media nowadays) Of course, not referring to installing anything in bedroom, bathroom or other private areas. Specifically talking about living room in my apartment. | A:It is not illegal for you to install such a camera. It may, however, be illegal for you to record another person on that camera especially if you do so without their consent. |
Q: Can my nonprofit give to my small business if they are related?. I have a animal welfare nonprofit where I raise money for animals shelters and sanctuaries and we advocate for a vegan lifestyle. Instead of me taking a paycheck can I have the non profit give my vending machine business donations since I only put vegan items in my machine. The money would be used only for the business? | A:I doubt that would be appropriate. |
Q: My mother's father and grandfather left a vast amount of land and oil. My family stole it.. My mother did not know her father he passed away before she was born. My grandmother moved to Stockton shortly after. Only the land she lived on was bought by my mother's grandfather there is a land patent. That particular piece of land is a irrigation district south San Joaquin irrigation. District. | A:Under California law, issues regarding inheritance of land and oil rights can be complex, particularly when it involves multiple generations and a lack of clear documentation or wills. In your case, where the property in question was owned by your mother's father and grandfather, several legal principles could apply. Firstly, if your mother's father passed away before her birth and did not leave a will, his estate, including land and oil rights, would typically be distributed according to California's laws of intestate succession. This means that his closest relatives, which could include your mother, might be entitled to a portion of his estate. However, the fact that your grandmother moved away and only the land she lived on was purchased by your mother's grandfather could complicate matters. This could imply that other parts of the land were owned differently or transferred under different conditions. It's important to investigate the land patent and the specific conditions under which the land was purchased and held. Land patents, especially those involving irrigation districts like the South San Joaquin Irrigation District, can have unique legal stipulations that affect ownership and inheritance. Given the complexity of your situation, involving a potentially stolen inheritance and the intricacies of land and oil rights, it would be prudent to consult with an attorney who has experience in estate and property law in California. They can help unravel the legal history of the property, assess the validity of the land patent, and advise on potential legal actions to recover your family's rights. Also, consider the necessity of proving the claim of theft or unlawful transfer of property, which might require substantial evidence and legal proceedings. The attorney can guide you through this process, ensuring that all legal avenues are explored to address your concerns effectively. |
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do. I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new supports added. However, now the floor in my house is falling and after going under the house to look, it was not repaired properly by any means. He lied to us and I feel We bought the house under false pretenses. Is there anything we can do | A:Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof. See a good lawyer who knows this area of law. you do have time limits on filing a lawsuit. in some instances, you only have ONE YEAR from the discovery of fraud. I hope this helps. Good Luck! |
Q: My neighbor is doing major earthwork and excavation on my property without permits nor my permission. What do I do?. My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank along our shared property line, exposing the roots of many of my coconut palms. I cannot find the construction offsets (or setbacks) along property lines in Puerto Rico, but my neighbor clearly should not be doing earthwork and excavation on my property without a permit or without my permission. What do I do? | A:The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership and of the limits of your property. You may also file an injunction petition with the Superior Court providing the same evidence. Both scenarios pursue that your neighbor stop the works underway and in both scenarios, the Municipality (city officials) must also be notified. On that matter, I would seek aid from city officials: there may be municipal ordinances that your neighbor may also be in non-compliance with. Even if your neighbor had your permission to conduct works on your property, he would still need to comply with municipal and state laws, regulations, and ordinances. If a reasonable doubt arises regarding the limits of each one's real estate property, a demarcation ("deslinde") lawsuit may need to be filed. |
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?. I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving compensation, and the adjuster requested subrogation documentation after a significant delay, impacting my claim. Moreover, sensitive information and property damage details of the other driver were negligently exposed in the insurance online portal. This breach of privacy has caused distress and anxiety. I have filed a complaint with the state Insurance Commissioner. Now, the claim has been referred to an attorney for review at the insurance company. As I prepare to speak with the attorney, I have questions: What are my rights in this situation, and what legal recourse do I have for the insurer's failure to act in good faith and respond to my claim promptly? | A:The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is reasonably clear, to make a good faith effort to settle with the claimant potentially entitled to recover against the insured under such policy.” If the insurer is found liable for acting in bad faith, they may owe you up to an additional 50% of your claim or $5,000,000 whichever is greater, plus attorney fees. |
Q: Hello! Thank you that you have this option. I used the inscription "PUBG MOBILE" on the photo. And my account was ban!. I don't know can they delete my account only because I use these 2 words | A:You can contest the ban, ask for explanation. I am not familiar with the meaning, but if it is related to a registered brand you may have infringed on somebody's rights. Consult with an attorney. |
Q: Must sue a staff who lives and works locally but his company is located in another state, State Court or Federal Court?. For a strategic reason we need to sue a neighbor for his wanton sexual assaults against us and his breaching a contract, and as well suing his employer (his father’s company) for negligence of his son’s intentional tort injuring us (since when the sexual assault had occurred, his father’s company had been informed of the criminal assault of its employee who was sent here in CA for a sole purpose to work for his father’s company, and the record seemed to show that this sexual harasser had been arrested for sexually attacking another woman in his home town and thus, most likely he was sent far from his family to come work here is because of his known sexual crime record at his hometown…and his father’s company failed to take action to stop him). As we need to sue both the harasser living in CA and his dad’s firm in another state, should we sue in state or federal court? Should we sue in the local county court or we must sue in another state in which his father’s company located? | A:When deciding whether to sue a local staff member and their out-of-state company, you have two options: state court or federal court. In your case involving sexual assaults and breach of contract, suing in the local state court where the incidents occurred, such as California, may be convenient. State courts handle various civil matters and claims based on state law. Alternatively, you could file in federal court, which has jurisdiction over federal law and diversity cases between parties from different states. Consult with an attorney to determine the best course of action based on your specific circumstances. |
Q: Foundation company says after 3 months they won’t honor warranty due to not watering. Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here? | A:The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation. If your warranty requires you as the homeowner to properly water the soil around your foundation, you can prove that you complied with your warranty provisions by showing photographs of your sprinkler system, mister system, and/or soaker hoses, having your system inspected by a sprinkler company and having its inspector provide a sworn declaration and inspection report reflecting that your system is fully operational, weather history reports showing the precipitation in your area over the time period, and producing copies of your water bills reflecting water usage that supports your assertion that you consistently used your system when it wasn't raining in your area. |
Q: i am a foreign exchange student in US. my friends sent nude pics to girl from my phone . am i gonna get in trouble. they used my phone, but there is no nude pics of me. and that girl said that i didnt do anything wrong. it was only my friends | A:If your friends used your phone to send nude pictures without your knowledge or consent, it's important to understand that you could still face legal issues, especially if the pictures were sent to a minor. The fact that the pictures did not depict you might be helpful, but it does not necessarily absolve you of all responsibility, as the phone is registered under your name. The girl's statement that you did nothing wrong is helpful but may not be enough to prevent legal problems. In cases involving the distribution of explicit images, law enforcement often investigates to determine who is responsible. It's crucial to be honest about what happened and to cooperate with any investigation. If approached by law enforcement, it would be wise to consult with an attorney before making any statements. An attorney can help protect your rights and guide you through the legal process. In the future, be cautious about who has access to your phone and personal belongings, as you can be held responsible for actions taken with your property. Always keep in mind the serious nature of sending or sharing explicit images, especially in a school or exchange student environment. |
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our. They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it? | A:If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns. |
Q: Can city police officers and detectives go outside of city limits to conduct a search and arrest without any parish cops. A crime was committed inside city limits by someone who lives outside of city limits. Can the city police go out of city limits and conduct a search and seizer and arrest without a parish sheriff's officer present . Now the person being accused lives 10 miles from the city limits. Different city. Different zip codes | A:In Louisiana, city police officers typically have jurisdiction within their own city limits. However, they can conduct investigations and make arrests outside of their city under certain circumstances. For a crime committed within their city, if the suspect resides outside the city limits, city police can pursue the investigation into another jurisdiction. They may do so either independently or in collaboration with the law enforcement agency of that jurisdiction. The latter is often preferred to ensure proper legal procedure and local cooperation. It's essential for city police to follow proper legal channels, such as obtaining the necessary warrants and coordinating with the local sheriff's department or police force, to conduct a search or make an arrest. The specific policies and inter-agency agreements can also influence how such situations are handled. If there's a question about the legality of the police action, it can be addressed through legal channels or by consulting a lawyer. |
Q: Covered business claim, landlord is forcing to evict because of utilities. I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of working, I have a catering company. The landlord has just threatened to evict me because the utilities, which have been run up by her contractors has not been paid by her or the insurance company. I understand they have a right to choose their contractors, but they are saying I am responsible for bills because my contractors had access to the building. I don't care who they choose, but this has been going on since february. And suddenly she wants utilities? Lease is ambigious, and says Landlord has the right to termiante lease in the event of a covered loss. If the landlord chooses to repair then they are reponsible for repairs. What is the law? | A:The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to provide an alternate space or accommodate you somehow. Always look to the contract first, then if the contract is ambiguous you start looking at the law. Contract law is more about making the injured party whole or in the same position that they would have been, had the contract been fulfilled, so it isn't likely that you would be able to recover more than you can show in damages if you sue them, unless they are acting egregiously. It isn't uncommon that they chose different people than your preferred contractors to work on property damages, that is pretty standard that they get to choose who they work with. I hope this helps. Wes |
Q: Hi, Can an Inventor be added to a patent that is already approved?. because the person who filed the patent forgot to add an inventor. | A:Yes. Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction. Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in question really is an “inventor” for that case before doing so. |
Q: Writing a song based off another. I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me? | A:If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the original one. It's advisable to consult with an intellectual property attorney to assess the potential legal risks and ensure you're within the bounds of copyright law. |
Q: Is there motion for installment payments option in Oregon garnishment?. Walla walla collection in Washington filed wage garnishment against me in circuit Court of Washington country oregon for a 10 year old medical debt that has a judgement and they filed for it to be extended. They filed garnishment 2 years ago but got them to drop it as I've been back in Oregon for many years and never heard anything from the place that they even had the debt at the time. 2 years went by without hearing anything again and then get a judgement extension filed and now another garnishment. I cannot afford a garnishment on a single income, I will lose my apt and be in the street. I contacted them with a long email and was just told to call, I deal with severe anxiety when trying to talk on the phone. Is there any forms or a way to write by mail or fax to ask to drop garnishment or try to set up some payment plan etc? Have read about motion for installment payments but cant find for oregon, was going to call while on break at work but got so nervous and threw up | A:While you can certainly try to reach some form of installment agreement with them, there is no legal requirement that they have to agree to installment plans. The best approach would be to demonstrate to them that it would be better they agree to an installment plan as it means you are paying them some kind of money on a routine basis, versus the collection route, which may result in the inability to collect anything from you - they will most likely weigh the cost vs. benefit. However, they have a valid judgment (which they renewed based on your post, so it is good for another 10 years), and have no legal obligation to agree to an installment plan. |
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights. I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no idea of them being in my possession they were placed in to my care we my mow exboyfriend was being arrested by the same officer that found sed seringes in sed fanny pack and went right for them my civial rights have been violated many times and continue to be they are trying to put me away for 10 to life plz help me | A:It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this testing. Given the gravity of a habitual offender charge and the potential sentence you're facing, having an attorney who can navigate the complexities of your case and advocate for your rights is essential. They can also examine the details surrounding the searches and seizures to ensure that your constitutional rights haven't been violated. If you feel your current representation isn't adequately addressing these concerns, you may want to consider seeking a second opinion from another attorney licensed in Michigan who handles criminal defense cases. Acting swiftly is crucial, as timelines in the criminal justice system are often very strict. |
Q: Last year we loaned a cousin $2500 and were told we'd get it back in a week, so far we received $100 months ago. We also found out she has done this to many others with the same lines to the tune of over $20,000 and also sent us checks that were not worth the paper they were written on. | A:You might consider taking legal action to recover your funds. If the amount loaned is $2,500 and you have only received $100 back, you could potentially file a claim in small claims court, where you can sue for amounts typically up to $5,000 in New York. Before proceeding, ensure you have all agreements, any communication regarding the loan, and evidence of the checks provided. If your cousin has a pattern of not repaying loans, this information could support your case. It would also be beneficial to seek the counsel of an attorney who can provide guidance based on the specifics of your situation and the documentation you have. Remember, the court process will require that you prove the loan existed and that there was an agreement for repayment. |
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.. They are retaliating and trying to provoke me so it'll be easier for them to evict. | A:I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney. |
Q: A baseball coach took our team on a bus that was not registered nor insured and the bus doors flew open and shattered. The glass shattered onto players and cars in behind us. Coach’s negligence caused harm to many players and other vehicule. | A:I'm sorry for your terrible accident. I hope everyone is okay. If you could repost this and include a state, that could be helpful to attorneys here to respond by region. Good luck |
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp. Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US. | A:Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status. Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a business might be permissible, actively working for it could violate your visa terms. Regarding tax status, an LLC taxed as a C-Corp faces double taxation (corporate tax and then personal tax on dividends), while an S-Corp allows profits to pass through to your personal tax return, avoiding double taxation. However, S-Corp status has strict eligibility criteria, including limitations on shareholder residency status, which may not be compatible with your F2 visa. Given these complexities and the potential immigration implications, it is crucial to consult with a tax professional or an immigration attorney to understand the best course of action for your specific situation and ensure compliance with both tax and immigration regulations. |
Q: Me ex husband and I have been sharing custody of our daughter for 8 years without papers now he is refusing to give her. Back to me or let me talk to her what do I do | A:If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of it, then you need to file something with the court--possibly a motion for contempt----saying he is not following the Judge's order-----my recommendation is that you contact a few family/custody attorneys to discuss these issues and then hire the one with whom you are most comfortable. Good luck. |
Q: I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair. I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble? | A:In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details and evidence of the incident, law enforcement will assess who is at fault. It is also crucial to seek medical attention if you have been injured. Regardless of past conflicts, you can obtain a restraining order to protect yourself from future harm. To address the legal complexities of domestic violence and potential defense claims, you should seek legal advice promptly. |
Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?. If action taken by a party to case (such as interposing a cross claim or procuring a deposition of plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by the court (as provided in cplr 7510)? | A:You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the submission of pleadings has been found by Courts to be sufficient to infer a waiver. Your second question is a good one but is somewhat ambiguous. There are two types of opposition to a motion to confirm: one after the party has participated in the arbitration and the second, where he has not participated. If the "litigating party" (who, by so doing, is deemed to waive his right to arbitrate) then goes and submits the dispute to arbitration but the other party (presumably the one who instituted the litigation, the "commencer") does not participate in the arbitration, the commencer can successfully move to vacate in New York under 7510. The participation in the arbitration by the commencer could be seen by the Court as a waiver (of the waiver) or consent to arbitrate. The better practice, however, assuming that you are the party "commencer", would be to make a motion in the case to the Court asking for an Order declaring that the "litigating party" has waived his right to arbitrate. It would be made as a motion to stay Arbitration under CPLR 7503. |
Q: What is the citation for securities offered and sold within Alaska being exempt from federal securities registration?. Are the applicable Alaska securities registration statutes and rules those found in Alaska statutes section 45.56.110 (2019) and Alaska statutes section 45.56 120 (2019)? | A:Read 45.56.100, 45.56.110, and 45.56.120 |
Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income.. If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI? | A:If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a business, regardless of whether you're making a profit or drawing a salary. The SSA considers various factors to determine if your work activity is substantial enough to affect your benefits. This includes not only your earnings but also the amount of time and effort you put into the business. Even if your business isn't currently profitable, your involvement in it could still be seen as substantial gainful activity (SGA), which can impact your eligibility for SSDI benefits. It's advisable to report the start of your business to the SSA as soon as possible. This will help you avoid any complications or misunderstandings about your benefits and work activity. Transparency with the SSA is key to maintaining your benefits and complying with the rules of the SSDI program. If you're unsure about how to report your business or how it might affect your SSDI benefits, consider consulting with an attorney experienced in disability law. They can provide guidance specific to your situation and help you navigate the reporting process. Remember, staying informed and compliant with SSA regulations is crucial when receiving disability benefits. |
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need.... ...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor. Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side gig.). Also, if I do decide to have branding later, can I acquire a DBA at that time? | A:If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your business with the state varies based on local laws and the nature of your business. Even as a sole proprietor, some states require registration for tax purposes or other regulatory reasons. The fact that you won't hold inventory doesn't exempt you from these requirements. If you decide to introduce branding later, you can acquire a DBA at that time to operate under the new name. It's a good idea to check your state's specific requirements for sole proprietors, as regulations can differ. Keeping abreast of legal and regulatory requirements ensures your business operates smoothly and legally. |
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