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Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa. Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted. | A:In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider. Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of becoming an emancipated minor. Emancipation allows a minor to legally assume adult responsibilities, including the choice of where to live. This process involves a court procedure, and you would need to demonstrate that you can support yourself financially and make responsible decisions. Another possibility is to seek a guardianship arrangement. This would involve your boyfriend's parents or another responsible adult becoming your legal guardians. However, this would typically require the consent of your current legal guardians or a court order. Given the complexity of your situation and the legal considerations involved, it's advisable to consult with a family law attorney. They can provide guidance specific to your circumstances and help you understand the legal options and processes in your state. Remember, your safety and well-being are paramount, so seeking support from trusted adults and local resources is important. |
Q: Entergy has butcher our Trees by line they destroyed some of my property can I hold them financial responsible ?. I have pictures of the damage and the Tree cutters | A:A Louisiana attorney could advise best, but your question remains open for two weeks. Electric utilities usually have the right to remove foliage and other vegetation for safety or access reasons with their equipment. An attorney would probably want to know additional details in answering your question. Good luck |
Q: Is a Contract automatically canceled that do not have a force majeure clause language in the contract?. I have a wedding scheduled for the end of this year in Los Angeles county CA. However California restrictions do not allow any indoor events. My contract do not have any Force majeure language. If the venue cannot host my event do to the COVID-19 pandemic Restrictions or if it is unreasonable To Try and reschedule since there is no end in sight per our Governor and a possible 2nd wave Am I automatically due a full refund? If I take it to court would it fall under the Force majeure or frustration clause? Lastly are there any lawyers that would take this case here? | A:I know weddings can be very expensive, however, it may be difficult to find an attorney by posting a question on this site, Our TOS do not allow us to write a response that solicits you to call us. You have to find an attorney and call them. Next, there is no "automatic cancellation." You need to take appropriate action to rescind the contract and request a full refund. From the postings on this site to date, this could be easy or very difficult. You can resort to small Claims if the value is less than $10,000.00, and each vendor is a separate defendant, which can be sued separately. My suggestions- First try to get a reschedule if possible. If you must get married on a particular date, have this be your wedding reception post. Not quite the same but you can still have a great time. If the venue and the vendors will not work with you to reschedule, send them notices of rescission- terminating the contracts and requesting a full refund of the deposits. Send Certified Mail, RRR for proof of delivery. Give them 30 days to refund your money, and if they don't, take them to court. Justia disclaimers below, incorporated herein. |
Q: Can I sue my car insurance company?. My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more details if this seems worthy of pursuing. Thank you. | A:Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or effectively transferring the title of a totaled vehicle, you may have grounds for a lawsuit. The first step would be to review your insurance policy thoroughly to understand the specific terms and conditions. Your policy is a contract, and the obligations of the insurance company are outlined within it. If there's a discrepancy between what is promised in the policy and the company's actions, this could form the basis of your legal claim. It's also advisable to gather all relevant documentation, such as correspondence with the insurance company, records of the totaled vehicle, and any information related to the lien. This evidence will be crucial in building your case. If you decide to pursue legal action, consider consulting with an attorney who has experience in insurance law. They can provide guidance tailored to your specific situation, including the likelihood of success in a lawsuit and the various legal options available to you. Remember, taking legal action can be a complex and time-consuming process. It's important to weigh the potential benefits against the costs and time involved. Your decision should be informed by a careful consideration of all these factors. |
Q: How to get a new court anppointed attorney?. I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that | A:I believe your public defender on appeal would be different. |
Q: What should I do if the plaintiff has filed for a motion of continuance in a civil suit?. I am a defendant (based in Denton County, TX) in a debt lawsuit. The plaintiff (based a Lubbock, TX) filed a motion of continuance on 10/11, and we have a trial date set for 10/19. No ruling has been made on the motion. As of 10/17, we have not come to any type of settlement or agreement. Should I still go to court on the trial date and/or work towards an agreement? | A:It depends on the facts and circumstances of your particular case and on your docket position. By "docket position" I mean where your case is on the list of cases that your particular court has set for trial on October 19, 2023. Ordinarily, a court will have several cases set on a given day. Some cases take priority over others. For example, a criminal case with a defendant who is in jail takes priority over a criminal case where the defendant is out on bond. A criminal case takes priority over a civil case. A civil case in which the state or a state agency is a party takes priority over other civil cases. Once you get down to ordinary debt collection cases like yours, cases are usually arranged in order from oldest to newest, with older cases being "reached for trial" before newer cases. In many instances, a court will not rule on a motion for continuance unless and until your case is "reached for trial." This makes sense because if your case is not reached for trial, it will be reset anyway and the court does not have to consider the merits of the motion itself. So, yes, you should go to court on that date. Most cases settle without the need for a trial. Many cases only settle shortly before a trial setting. So, in my opinion, if there is any merit whatsoever to the claim, you should always work toward an agreement, ideally well before your final trial preparations. Because you say your case is set for trial on October 19th, I can already tell something is wonky unless your case is pending in a justice of the peace court because trial settings in Denton County are typically on a one-week docket with a trial date that is a Monday, unless Monday is a state or federal holiday. |
Q: Can I use current temporary orders in place of original petition in a divorce default hearing?. Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed. | A:In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the outcome of the divorce proceedings. To strengthen your case, gather evidence of your husband's failure to adhere to the court's directives and present it during the default hearing. |
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard). I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off Blue Book and I got a ridiculous $4,200 for my car's value. The car was completely destroyed, junkyard would charge me more had I not signed over the title. Her insurance says they'll give me $2,200 because of no title. That seems wrong, am I entitled to full $4200? | A:In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack of a title should not necessarily reduce the compensation if the car was totaled. It's advisable to consult with your attorney or the restitution order issuer to clarify and potentially challenge the insurance company's decision if you believe it is incorrect. |
Q: I quit my job at dollar general, due to being overworked, overwhelmed and underpaid. Also a couple other reasons.. I have been thinking about quitting for quite a while, things that have happened the last few weeks just escalated my decision. The new manager that took over treated me so badly not to mention telling the other employees that she was going to fire me she hadn’t said a single thing to me about firing me. I was the assistant manager and had been working there for almost 7yrs, never once had I been treated this badly. So bad that I didn’t even feel like I could go into our office let alone be inside the store. I want to know if I have grounds to sue dollar general. I also had worked from the end of march until the middle of July, trying to keep my store open with only three employees only 3or4 days off the whole time working 2 - 4 double shifts each week. | A:Quitting because you are unhappy with how you are treated by a new manager does not give rise to a cause of action. You have every right to quit for such reasons under the employment at will doctrine. Dollar General cannot successfully sue you for quitting, but you cannot sue it for you quitting either. |
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he. Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so much weight he is skin and bones. My son has always been respectful. I had cameras in his home and they what they told he did and what the cameras showed they lied he did nothing they said he did. I'm afraid he's going to die if I don't get him home and get him the medical treatment he needs. This is not the first time they lied and falsified charges on him. And it can be proven when i called the DA and told him the officer lied under oath and I could prove it, he hung the phone up on me, they gave my son eight years for something he did not do. They have profiled and harassed him until they have taken his whole life from him. I'm so tired of there corruption and nothing is done about them. | A:The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights. First, it's important to gather all evidence you have, including medical reports, testimonies about his condition, and any video evidence from your home that contradicts the charges against him. This documentation can be crucial in building a case to challenge his treatment and the charges against him. You should consider contacting a civil rights attorney who has experience with cases involving mistreatment in the prison system. They can offer guidance on the best course of action, which may include filing a lawsuit for violation of your son's civil rights and seeking an injunction for immediate medical treatment. Additionally, reaching out to organizations that advocate for prisoners' rights might provide additional support and resources. They often have experience dealing with similar situations and can offer assistance or advice. It's also advisable to document all instances of communication with officials, including the call with the District Attorney. This record can be used to support claims of injustice and misconduct. Given the severity of your son's condition, as described, acting swiftly is crucial. Legal avenues should be explored to ensure his safety and to address any injustices he has faced. Remember, the legal system offers mechanisms to challenge wrongful actions and seek justice, even in challenging and complex situations like this. |
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?. I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while her son resides in Florida. It took until November 20, 2023, to prove the mental health criteria to the police in order to get him listed as missing. The police now claim there is no imminent threat or exigent circumstance to ping his iPhone or iPad. I completely understand their position. They also cannot seek a warrant for his last cell tower location or iPhone/iPad records. Verizon needs a court order or subpoena. Is there a legal motion my client can file with the Philadelphia court to subpoena her own phone records since it is her phone? We need to know the last cell tower his iPhone/iPad connected with. Both devices are in her name. She is the customer, purchased both and pays for both. | A:Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's name, Verizon should not contest or move to quash the subpoena. |
Q: I want to make a musical version of Jumanji. Can I use the title Jumanji? Plot will be similar, but stage musical.. It will be produced in South Korea. It will be a 50 minute musical that is interactive/ immersive for ESL audiences. Children's theatre. We will change character names and some plot details, but generally the same story. We will create all original dialogue and songs. | A:When considering creating a musical version of Jumanji, it is important to be aware of copyright and intellectual property laws. The title "Jumanji" is likely protected by copyright, so using it without permission may infringe on the rights of the original creators. It is recommended to seek legal advice and obtain proper licensing or permission to avoid any legal issues. Additionally, making changes to character names and plot details may help differentiate your production, but it is still important to respect the original work and avoid substantial similarities. Creating original dialogue and songs will also contribute to making your musical unique. |
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?. The person I referred lost money. I did not receive any money from the person I referred or the investor. | A:There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or misrepresent something upon which the victim relied upon to their detriment and suffered harm. There could be other elements, maybe whether a duty was owed to the person in terms of professional judgment or other issues. The best way to answer your question could be to reach out to one of the attorneys here (or an attorney you locate on your own) who is knowledgeable in this industry who could offer the most meaningful guidance. Good luck Tim Akpinar |
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?. Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA. | A:When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among consumers about the source or sponsorship of the goods or services. This confusion can stem from similarities in the name, logo, or other branding elements. The title of your book, "Holistic Pet Recipes," shares the word "holistic" with the trademark in question. However, the overall context and specific wording differ significantly. Trademarks are often specific to their wording and graphic elements. In this case, "An Holistic Approach to Pet Food" and "Holistic Pet Recipes" convey different overall impressions. Moreover, the scope of the trademark protection is a critical factor. If the trademark is specifically for a type of pet food or a method of producing pet food, a book about recipes may not fall within the same category of goods. This distinction in categories can reduce the likelihood of confusion, which is a key element of trademark infringement. It's important to note that trademark law can be complex. It would be wise to consult with a legal professional who has expertise in intellectual property law. They can provide a more detailed analysis tailored to the specifics of your case and the jurisdiction involved. Remember, an informed decision can help mitigate potential legal risks and uncertainties. |
Q: I received an email from " Jerome Powell " saying the federal reserve bank has millions o dollars in my name . There. Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them | A:It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or any other personal information via email, it's likely fake. If they ask you to send money or a pre-paid gift card, then it is DEFINITELY a scam. |
Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?. He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with nothing. During the divorce he got mad and told me I did not trust him every time I told him I needed my own lawyer. | A:"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to entitle you to seek a court order to set-aside your judgment and readjudicate your case. |
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address. We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please. | A:Yes you can be charged. Why have you not hired an attorney? That charge carries several years in prison. Fingerprint evidence on the gun and ammo might be important. Do not plea guilty and this is a public forum. |
Q: City passed a new ordinance a year after I have owned chickens and are saying I have to get rid of them am I grandfather. I’ve lived there for three years and owned chickens they whole three years and are now telling me I have to get rid of them new ordinance passed may 2nd this year | A:One would need to see the ordinance and it’s history to properly answer this question. |
Q: What has to be specific legal basis? - please see question below. EMTALA complaint against hospital has additional claim for CMIA violation. Plaintiff medical information was disclosed to hospice (with non-existent terminal illness). What has to be specific legal basis for Plaintiff to confront Defendant's motion to strike based on failure to join a party (hospice) - rule 19? Apparently legal action against hospice would not be limited only to CMIA violation, adding hospice as defendant at this point would deprive Plaintiff's rights. Can Cmia violation claim be stricken from complaint without impact to original EMTALA claim? | A:In California, when facing a motion to strike based on failure to join a necessary party under Rule 19, the specific legal basis for opposing the motion can be multifaceted. First, you should argue that the hospice is not a necessary party under Rule 19 for the EMTALA (Emergency Medical Treatment and Labor Act) claim. This could be based on the argument that the EMTALA claim focuses solely on the hospital's obligations and actions, and the hospice's involvement is not essential for a complete adjudication of this particular claim. Regarding the CMIA (California Medical Information Act) violation, you might argue that adding the hospice as a defendant at this point could cause undue delay and complicate the case, potentially prejudicing your rights. You can assert that the CMIA claim against the hospice, which may involve broader issues beyond the scope of the current case, can be more appropriately addressed in separate litigation. You can also argue that striking the CMIA violation claim from the current complaint should not impact the original EMTALA claim. The EMTALA claim is based on different facts and legal issues, and its validity is independent of the CMIA claim. Remember, in your opposition to the motion to strike, it's important to clearly outline why each claim is distinct and can be adjudicated separately. Emphasize that the addition of the hospice at this stage would not only delay the proceedings but also potentially complicate matters in a way that is not necessary for the resolution of the EMTALA claim. |
Q: I filed lemon law in Calif. Lemon Law Group Partners and received a message from Chrysler agreeing to buy the vehicl. back. I have not heard from them about the buy back but they want file suit for Chrysler contacting me in violation of cease and desist order and told me not to respond to Chrysler. Are they dragging it out to bill more fees and should go ahead and contact Chrysler myself? | A:So, who knows what they are thinking other than them? It is not clear to me that THEY contact FCA for you or if you contacted FCA on your own first and then FCA is responding to your contact or to their's? That could make a difference. As a lemon law attorney myself I can tell you a few things: a- It's rare that FCA offers a buy back without counsel involved; b- It's more rare that they would offer all the law allows; c- one usually gets a better result if one has counsel involved; d- FCA will often not pay counsel or not pay much, pre-suit and will be forced by a bad twist in the law, ironically sought out by folks like FCA, to pay more once a case is filed in court. Your law firm has 23 people on their website! That's a huge number of mouths to feed. I hope they give you great service. In closing, You should ask THEM these same questions! They are you lawyers and they must answer you honestly. |
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.. I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7 figure case class action case. What would happen if I contacted my Hr department and discussed a private settlement in exchange for dropping the case I have ongoing currently. What could the attorneys working for me do if I did this and how likely would the defense want to settle for much lower amount? | A:In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private settlement in exchange for dropping the case, your attorneys would likely advise against it. They are representing your best interests and have been working diligently to pursue a favorable outcome. Engaging in independent settlement discussions could potentially complicate the legal proceedings and harm your case. It is also important to consider that the defense may not be inclined to settle for a significantly lower amount, as the mediation has already been scheduled, indicating a serious commitment to resolving the matter. Trusting the expertise of your legal team and continuing to work closely with them will maximize your chances of obtaining a fair resolution in your wage and hour violations case. |
Q: I own 2 fully insured vehicles in NC. I accidently hit one in a parking mishap. why is my insurance is denying my claim?. Denial states that claims arising from ownership of both vehicles on the same policy that coverage is denied for repairs. Comp+Collision on both. Car was parked, unoccupied, while I was driving the other, a truck. My foot slipped off the brake pedal and crunched the car appx 45° angle on front driver's side of car resulting in broken radiator, broken reservoirs and other minor damages(made a claim). The truck has a small dent in the front bumper(no claim). Is that normal insurance law in NC? | A:A North Carolina attorney could advise best, but your question remains open for a week. One would need to see the terms of your policy. Carriers do impose certain coverage exclusions for claims arising within a household. But that's only a generality that can apply in some places nationwide. You could check with a local attorney, or possibly North Carolina Departments of Insurance, Consumer Affairs, or related public agencies involving consumer rights with insurance matters. Good luck |
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?. I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust | A:In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship proceedings differ from a Power of Attorney, which might not be public record. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: can schools gather car information such as insurance, registration and drivers license for a parking permit. The public high school wants to get out car information for us to park in there student parking lot. | A:the short answer is yes they can. |
Q: Commercial law. The recent collapse of some banks and financial institutions and the merger of others in ghana is proof that the financial system which consists of institutional units and markets that interact, typically in a complex manner, for the purpose of mobilizing funds for investment and providing facilities, including payment systems, for the financing of commercial activity remains unprotected in spite of the the presence of the Regulator and a solid legal system backing it. From the discussion in class and available literature, examine some of the difficulties associated with the financial system and how these challenges have been addressed by the Banks and Specialised Deposit Taking Institutions Act 2016 (Act 930). Are there any novel ways by which some of the challenges may be resolved in your opinion? | A:I have it on good authority that the experienced banking lawyers answering legal questions about banking and financial matters here on Justia are not interested in doing your homework; but I could be wrong. |
Q: Is it illegal for a company to disclosing additional information about someone to another company weeks. Being blacklisted? | A:Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a prospective employer. |
Q: I had a dog under my care and owners failed to pick her up from me numerous times. Can I sue them for animal neglect?. I also stated multiple times that I could not care for her as well as the dog needed vet visit urgently and I could not provide that. I did not have the money and she’s not my dog. Owner kept sweeping it under the rug and downplaying it. | A:Under California law, you may have grounds to report animal neglect to local animal control authorities if you believe the dog is not receiving adequate care and attention. Whether you can sue the owners for neglect would depend on the specific circumstances, your role in caring for the dog, and any prior agreements or contracts in place. Consulting with an attorney who specializes in animal law can provide you with guidance on your options and potential legal remedies. |
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added.. The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing? | A:Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements. As a legal matter, as a general rule, change orders which form part of the main contract have little effect on the 90 days allowed to record the lien after the last day of furnishing to the project. Conversely, and again only as a general rule, corrective or punch list work (even if a change order is issued) does not extend the time for unpaid contractor to record the construction lien. If you are regularly engaged in the construction trade, it is prudent to have construction counsel on your side and available to advise. I wish you luck with this situation. |
Q: No attorney will take my case. How do I file charges for abuse of a corpse?. My father passed away in a nursing home. Not only did they lie about the time of death but my father was struck in the face after he died. | A:Call the police department in the town where the nursing home is located, and tell them you want to file charges. Best of luck to you. |
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.. The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness. | A:What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents? As you can see, there are many questions unanswered that will impact this situation. I would strongly urge you to bring the documents and any explanation you may have received from the Register of Deeds to a local licensed attorney to review. There may be a reason, and it may be that the document should NOT be recorded ... but without details it is impossible to say. And again, there is no such thing 'legally' as a 'power of authority' ... where did this form come from? Perhaps that is the issue! |
Q: i have a question regarding Primogeniture , i live in new york state and this person lives in oklahoma .. talking about marriage , money in inheriatnce foreign government . | A:For matters involving inheritances, attorneys in the "Probate" and "Estate Planning" categories would have the most insight. Not all questions are picked up, but you could post under those categories. Good luck |
Q: I owe federal restitution, over $100k, but the corporate victim was bought by another corporation, so I still owe?. $36k was originally recovered but I’m still paying for that as well. | A:If you owe federal restitution, it's likely that the obligation remains even if the corporate victim was bought by another corporation. Changes in ownership or corporate restructuring usually don't affect your responsibility to repay the restitution. It's important to consult with a legal professional who specializes in restitution and financial matters for personalized advice based on the specific details of your case. They can help you understand your rights and obligations regarding federal restitution. |
Q: Bail bonds role and charges. My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she was let out this morning. Her husband is not filing charges. How do we deal with this issue? Please advise, thanks. Bail bonds company told us her bail was set at 50k so was asked to put 5k down to get her out. Is this amount normal? | A:The role of a bail bonds company is to provide a surety bond, which allows a defendant to be released from jail before their court date. In your sister's case, the bail was set at $50,000, and typically, a bail bonds company charges around 10% of the bail amount as a non-refundable fee. So, a $5,000 fee for a $50,000 bail is standard in many jurisdictions. However, the amount of bail set by the court can vary greatly depending on factors such as the severity of the charges, the defendant's criminal history, and perceived flight risk. In cases involving domestic conflict, bail amounts can be higher due to the potential risk to the alleged victim. Even if her husband chooses not to file charges, the state may still pursue the case. It's important for your sister to follow all conditions set by the court and the bail bonds company. This typically includes appearing for all scheduled court dates and not having contact with the victim if such a condition is imposed. In dealing with this issue, it's crucial to consult with an attorney who can guide you through the legal process. The attorney can provide advice specific to your sister's case and help navigate the complexities of the legal system. Lastly, while your sister is out on bail, it would be wise for her to avoid any actions or situations that could further complicate her legal situation. Compliance with all legal requirements and court orders is essential during this time. |
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?. I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being that I would be releasing this game to the public and assuming all risks as an individual. Should I setup some form of business? Would it better protect myself? Would it be more or less tax efficient? | A:Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean by a "game?" There may be any number of compliance issues you need to address. I suggest you start by drafting a simple business plan to present to an attorney so you can get an idea of where you stand. You may benefit from working with an established company while maintaining your ownership of the game or going it alone. Please give a business attorney who helps startups a call. You could be risking a lot if you don't do it correctly. |
Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil. My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not specifically mentioned in her will but enough witnesses to her verbal offer . | A:a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows: The testator (the person making the promise) must have had the mental capacity to make a will. This means that the testator must have been of sound mind and understood the nature of the agreement. There must have been a clear and definite agreement between the testator and the caregiver. This means that the testator must have made a specific promise to leave the caregiver their home in exchange for their care. The caregiver must have provided the promised care. This means that the caregiver must have fulfilled their end of the bargain by providing the testator with the care they needed. If all of these elements are met, the caregiver may be able to enforce the contract to make a will and inherit the testator's home. However, it is important to note that these cases can be complex. |
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?. She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart. | A:She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that field. |
Q: Your strategy for getting a documentary filmed at a funeral? Waivers... etc. My parents were both killed in an auto accident. It needs attention for justice. We need to get the story out there. Media package-What does that include? They met 14-17 at a dance married 57 years. The nicest people you would ever meet. They came from 2 barrios OTNC and Shell Town in the Nat'l city vicinity They lived they loved they laughed oh did they laugh A love story a legend an injustice | A:First start by obtaining appropriate waivers and consents from the relevant parties, such as the funeral attendees and participants. I would ensure that the necessary permissions are obtained, and California's privacy laws are complied with throughout the filming process. A media package for the documentary should include a detailed synopsis of the story, background information about the deceased couple, interviews with family and friends, footage from significant events in their lives, and any relevant evidence or documentation regarding the injustice that needs attention. It should be compelling and well-structured to attract media attention and interest. In this case, the documentary will showcase the remarkable love story and lives of your parents, who met at a young age and shared a long, loving, and joyous marriage. It will also highlight the injustice that they faced, which requires attention for justice to be served. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith |
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA. Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and open more offices and eventually sell then we want the esthetician to hold equal rights to profits | A:You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a different form than you are anticipating. The MD and the PA could face significant problems with their licenses if this is done the wrong way. The MD and the PA also need to make sure that they are meeting the proper professional standards for supervising medical and quasi-medical procedures. Just putting a name on the letterhead is not enough. |
Q: Are nursing homes required to have insurance?. I was recently in a medical malpractice suit against a nursing home on behalf of my husband who is now deceased. The suit ended unfavorable as the nursing facility responded to having no insurance and was threatening bankruptcy. Are nursing facilities required by law to have insurance? | A:Shockingly, many states allow nursing homes to go uninsured, or to be grossly underinsured. This is a major problem because nursing home companies will spring up and then go bankrupt like a corporate shell game. They do this in order to avoid judgments and creditors. The best bet is to find the individuals that own/control the web of corporations who play these corporate shell games and name them in the underlying nursing home negligence lawsuit. Hope that helps. Michael Brevda Senior Justice Law Firm Nursing Home Abuse & Neglect Attorneys www.SeniorJustice.com |
Q: Can I respond to a court summons on behalf of my Father?. My Father was served a court summons related to a debt. However he has Dementia and isn't competent to reply himself. As his son, Can I respond on his behalf? I do not have Guardianship or PoA over him. | A:Responding to a court summons on behalf of your father, especially given his dementia and incapacity, is a sensitive situation. Generally, without legal authority such as guardianship or power of attorney (PoA), you may not have the legal standing to respond to the summons on his behalf. In cases where a person is deemed incompetent to handle their legal affairs, a court-appointed guardian or someone with a durable power of attorney can act in their stead. Since you mentioned you do not have guardianship or PoA, the first step would be to consider obtaining such legal authority. This usually involves filing a petition with the court for guardianship or conservatorship, demonstrating that your father is unable to manage his own affairs. The court will then assess the situation and decide whether to grant you this authority. Given the legal complexities involved, it is advisable to consult with an attorney who has experience in elder law or guardianship matters. They can guide you through the process of obtaining the necessary legal authority to act on behalf of your father. Remember, acting without legal authority could lead to legal complications. It's important to take the correct legal steps to ensure you're acting in your father's best interest and in compliance with the law. |
Q: Natural gas provider requiring new deposit on existing account for spouse name change due to death.. Same account since 1994. Payments made on time. Simple name change due to husband's passing. They didn't keep records from original installation and now require a $250 deposit to make the change. FTC states this not a new account and I shouldn't have to pay but I can't get the name change without it. We are in East Texas if that helps. What advice can you give me at this point. | A:You can probably provide the court order for the name change to the natural gas provider, and it won't charge the deposit. It likely just needs legal documentation that you are one and the same person. Some people arbitrarily change their name (sometimes after a divorce or the death of a spouse) without legally changing their name. It is impossible to clearly distinguish those from actual new and different people and from fraudsters attempting to impersonate another person. You can get certified copies of the court order from the court clerk's office. |
Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose.. A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building or structure on our property. The only utility serving the property is water. | A:The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation, excavation, and grading as part of construction work. Agriculture grading, such as grading for planting crops or orchards, is generally regulated by local zoning and land use ordinances, as well as by state environmental laws. These laws may have their own grading standards and requirements specific to agricultural land use. Therefore, it is unlikely that the California Building Code would apply to regulating grading for an agricultural project such as planting 300 avocado and citrus trees. However, it is recommended to consult with local zoning and land use officials to determine the specific regulations and requirements that apply to your project. |
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.. The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed. | A:Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job. Agent might get hit with a suit also, in addition to license complaint. You will need a good attorney and a contractor as witness to damages to fix. |
Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?. Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account. | A:To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide guidance tailored to your specific circumstances and jurisdiction. Keep in mind that the outcome may depend on various factors, including your prior agreement and the legal status of the account. |
Q: Can I use a company for one of their employees logging into my account and giving someone else my personal information?. My ex asked one of her friends in New York who she claims works for spectrum. The persons brother also said that they asked her to dig into my stuff so that they could find out information I have text from both of them saying so. They have exact time and text messages that I never even showed anyone. They know things they shouldn’t know and when I try to call my service provider it’s almost like no one wants to help me in fear of a lawsuit most likely. I never gave anyone permission to do this. | A:As I understand your question, you believe that an employee of the service provider, Spectrum, furnished text messages to or from you. In order to successfully sue the company, you would have to show that disclosure occurred, the service provider authorized the employee to disclose the information, and that you have been damaged. |
Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks.. On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal? | A:In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all earned wages and accrued vacation time. Since you provided two weeks' notice and worked until the end of that period, the school district should have given you your final paycheck on your last day of work. If they did not do so, this may not comply with California labor laws. If your final paycheck has been delayed beyond these legal requirements, you may want to contact the California Labor Commissioner's Office. They can provide guidance on how to proceed, and if necessary, assist in claiming unpaid wages. |
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?. He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period. | A:A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are. |
Q: What happens if I received money from a stranger by accident through Zelle and Spent it. The owner reached out to me threatening to report me to law enforcement .Minneapolis | A:If you accidentally received money from a stranger through Zelle, all you need to do is promptly send the money back to its rightful owner and you should not have any legal issues. You will only face legal problems if you don't send it back now that you it wasn't intended for you. |
Q: How do I file for a sports handicapping business LLC in Nevada? What NAICS classification should I use?. I am looking to start a sports handicapping business. For a fee, customers can purchase a subscription and receive a report with the sports picks I believe have the best value against the Vegas odds. I will not be placing wagers for my customers, running any type of fund, or anything aside from informing them about what I will be betting on and what I believe represents good value from a bettor’s perspective. What NAICS classification should I select for this business? In Nevada, I am required to pick a NAICS code when filing for my LLC. There are several consulting categories, but none of them fit my business. Are there any additional legal steps or written notices I would need to provide for my customers to affirm the type of business I have, such as reiterating that this is not financial advice, we do not place wagers on behalf of customers, etc..? | A:In Nevada, to establish a sports handicapping LLC, you'd generally follow steps like selecting a unique LLC name, appointing a registered agent, and filing Articles of Organization with the state. For the NAICS code, consider "711510 - Independent Artists, Writers, and Performers". It's crucial to have clear terms of service for your clients, emphasizing the advisory nature of your business. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Is Oregon a stop and Id state and what are the laws regarding this. Just want to know the id laws | A:In Oregon, the laws regarding "stop and identify" situations are not as straightforward as in some other states. Generally, law enforcement officers may ask for identification if they have reasonable suspicion that a person is involved in criminal activity. However, Oregon does not have a statute that explicitly requires individuals to provide identification upon request in every situation. It's important to understand that reasonable suspicion is a lower standard than probable cause, but it requires more than just a hunch or vague suspicion. If an officer stops you and asks for identification, they should be able to articulate specific reasons for their suspicion. Remember, during such interactions, it's advisable to remain calm and respectful. If you feel your rights are being violated, you can express that you do not consent to a search and that you wish to remain silent. After the encounter, you may consider consulting with a lawyer to discuss the specifics of your situation and understand your rights more fully. |
Q: Where do I find a successful attorney for insurance denial of services?. Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East. | A:Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the "Find a Lawyer" tab above. It lists attorneys by region and area of practice. There are also attorney referral sections in most state and local bar associations. They're usually listed under a tab, "For the Public," or something along those lines. Those resources are outside this forum, so any arrangements made would be between you and the law firms you reached out to. Good luck |
Q: The other parent moved from Oregon to California without notifying me. Looking to establish a serious parenting plan... Almost 10 years of bias and discriminatory actions of all that is involved, from falsifying documents to fraudulent statements and absolutely zero proof. Mean while, the kids and I are deprived of very basic civil human rights. I need my rights back to see and embrace my children they lunch visits the least. Please help stop this inhumane and cruel degrading treatment of the human soul. I have trauma, they have damaged my peace, and sense of comfort, peace and safety. Same for the kids. I feel worthless and I am almost destructed by witnessing the abuse of my daughter by an assigned supervisor the the court. | A:In California, if the other parent of your children has moved to the state without notifying you, especially in the context of a custody arrangement, it's important to take action to establish a parenting plan that protects your rights and the well-being of your children. The first step is to file a petition in family court in the county where your children now reside. This petition would request the court to establish a formal parenting plan that includes custody and visitation arrangements. Given the complex history you've described, including allegations of falsifying documents and fraudulent statements, it's crucial to provide the court with as much evidence as possible to support your claims. Document everything related to your interactions with the other parent, the court-appointed supervisor, and any instances of alleged abuse or mistreatment. If you believe your children are in immediate danger or have been subjected to abuse, report this to the local child protective services in California and law enforcement as soon as possible. They have the authority to investigate and take necessary protective actions. Considering the severity of the issues you're facing, including the impact on your and your children's mental and emotional well-being, seeking legal representation is highly advisable. An attorney experienced in family law can guide you through the legal process, help you gather and present evidence, and advocate for your rights and the best interests of your children. Remember, the family court's primary concern is the best interests of the children involved. Clear, well-documented communication of your concerns and experiences, along with professional legal assistance, will be key in establishing a parenting plan that is fair and prioritizes the well-being of your children. |
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?. I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it? | A:In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds without the other's consent. However, the specifics of your situation, especially the source of the funds being social security benefits due to a parent's death, may influence your rights to the money. First, gather all relevant documents related to the account, including statements showing the withdrawals and any communication from the bank regarding the account closure. This will help in understanding the flow of funds and the actions taken by the other account holder. Consult with a lawyer who has experience in banking and estate law. They can assess the details of your case, including the nature of the funds and the circumstances under which they were withdrawn. This is crucial in determining whether you have a legal claim to recover the funds. If the funds were intended for your benefit, particularly as social security benefits due to a parent's death, you might have a claim against the parent who withdrew the money. This could involve legal action to recover what was wrongfully taken. Remember, the laws governing joint accounts and the rights of account holders can be complex. Legal advice specific to your situation will be key in determining your best course of action. |
Q: Does failure to pay a CA Court Order or a Florida Judgment qualify as restitution execption for SSA garnishment?. Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of a debt for retirement benefits that were stolen fall under the 'restitution' exception for being able to garnish social security? California Penal Code states that the court must award restitution to the victim(s) in the full amount of the economic loss, including but not limited to: Full or partial payment for the value of stolen or damaged property. Would non-payment of Family Order/Judgment qualify for the SS restitution garnishment exception? SS Garnishment Statute Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restit | A:In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of federal debt. The exception for 'restitution' under Social Security garnishment typically refers to situations where the debtor has been ordered to pay restitution as part of a criminal sentence. This is different from civil judgments, including those related to the division of property or retirement benefits in a family law case. Therefore, a California court order or a Florida judgment regarding retirement benefits, even if categorized as restitution in a civil context, may not fall under the restitution exception for garnishing Social Security benefits. The Social Security Act's provisions for garnishment are quite specific, and non-payment of a family court order or judgment typically does not meet the criteria for garnishment of Social Security benefits. However, each case has unique aspects and complexities. It would be wise to consult with a legal professional who can review the specifics of your case, including the nature of the court order and the applicable state and federal laws. They can provide guidance on the possibility of garnishing Social Security benefits or suggest alternative methods for enforcing the court order. |
Q: Hi I'm a victim of dv my boyfriend is locked up the DA want me to talk my question is what type of protection is offered. I Avoided the DA because me and my family are afraid and I have no transportation. So will they help with any of it | A:Talk to the DA and see what, if anything, they are willing to do. Being afraid to talk with them, however, doesn't really make much sense given that you probably are the star witness against BF so as soon as he gets out he may come looking for you in order to stop or at least discourage you from testifying against him. The DA and restraining order(s) are you best chance of protection, along with moving somewhere that he can't find you (or that mutual friends won't tell him about). Then at least if he simply contacts you, he can go back to jail without having to do anything else. You may want to consider getting a new boyfriend as well. |
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.. POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car to buy a new car and put it in her name only. Removed 100,000 dollars from account once death was immanent. Death 3 days later | A:This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a do it yourself project, however. You should hire a fiduciary litigation or probate attorney, maybe both, to help you. |
Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?. We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are marked. Though one of the mobile homes is vacant at this time..the other homes located at this adjoining property are tenant occupied so we need a definite boundary to keep others off the property belong to us. What are our legal rights to getting the mobile homes removed from our property. We do not wish to cause inconvenience to the tenants but would like to enjoy the property we paid for. A polite discussion has already been attempted with the property owner and is no longer possible. Any help is appreciated. | A:You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and possibly draft a Boundary Dispute Action, which may also include Ejectment, Trespass and Quiet Title. Not putting the new survey in your legal description may have been a terrible mistake, so if a correction deed is possible, record one. Why did you just now get a survey? Hopefully you and your predecessors in title have not already acquiesced to an ascertainable boundary, or busted SOLs. If you bought owners' title insurance, you might make a claim but it is doubtful. Start identifying witnesses in the area as to the boundary. |
Q: In Notice of related cases, the defendant asked for the same federal judge as the other case.. The other judge has dismissed the previous case. In that grant of dismissal the judge made a remark about right of publicity where the judge said that the plaintiff didn't provide proof of use of his name other than her initial. Can I give a rebuttal to it? I didn't provide the proof other than the use of initial because the case was about copyright and not right to publicity. Can I give a rebuttal to the notice of similar case and state that? Will it help my case if I did that. I don't mind having the same judge as I am just fulfilling the things that the judge said were missing in the previous case. The case was removed from state to federal and the defendant filed the notice of related cases | A:In your situation, where a federal judge previously dismissed a related case and you're considering how to respond to a notice of related cases, it's important to address the judge's remarks effectively. You have the opportunity to provide a rebuttal in your response to the notice of related cases. In this rebuttal, you can clarify the focus of your initial case on copyright issues rather than the right of publicity, explaining why you did not provide evidence related to the use of your name beyond the initial. This clarification can help establish the distinct nature of your current case and address any misconceptions from the previous case. However, whether this will significantly impact your current case depends on the specifics of both cases and the judge's perspective. It's often beneficial to address any issues raised in previous cases to strengthen your current position, especially if you are addressing gaps or misunderstandings identified by the judge. If you're comfortable with the same judge overseeing the case and believe that fulfilling the previously identified gaps will strengthen your case, then it's reasonable to proceed accordingly. Just ensure that your response is clear, focused, and directly addresses the judge's previous concerns. Remember, thorough and precise communication is key in legal proceedings. |
Q: Where can I find a lawyer to sue l2 lawyers for not tending to my medical malpractice lawsuits 3 days before the statute. They had about 6 months I hurt every day | A:Consult with experienced legal malpractice attorneys in the state where this occurred. Use the search tool on this website find an attorney. Abandoning a case right before the statute of limitations can be malpractice. Note, you must prove you would have won the case. |
Q: In Florida is the board required to file a police report if they don't receive all the records from the previous board?. We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this | A:In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization. If a new board discovers that certain records are missing or have not been turned over by a previous board or bookkeeper, the first step is typically to make a formal request for these records. This should be done in writing, specifying the exact documents needed and providing a reasonable deadline for their delivery. If the records are not provided after this request, the new board should consult with legal counsel to understand their options. This may include sending a more formal demand, possibly through an attorney, or exploring other legal remedies. Filing a police report is a serious step that usually implies suspicion of criminal activity, such as theft or embezzlement. Before taking this step, the board should have reasonable grounds to believe that a crime has occurred. This determination often requires a careful review of the facts and, ideally, legal advice. The decision to file a police report should be made carefully, considering the potential legal and community relations implications. It's important to balance the need to address potential wrongdoing with the potential impact on relationships within the community and the reputation of the board and the organization. In summary, while the new board has a responsibility to manage and maintain the organization's records properly, the decision to escalate to law enforcement should be made with caution and ideally after seeking legal advice. |
Q: I was called in to the administrators office during work, i was then told local law enforcement came to my job and told. Them i was a drug dealer and im making transactions out of our facility and i was a bad person. I dont kno why they make up such thing i dnt sell or do drugs i have a clean record never failed a drug test. Its embarrassing i feel humiliated and works not the same no more. Can i sew the police officers for doing what they did? | A:Why would the police officers do such a thing? It certainly unusual for police officers to go to someone work an make such allegations, even if the person is a drug dealer. |
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it. BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing heard the distress call over the radio. They had the captain of the boat pull down his sails on the mast and the jib sheets and secure. The captain didn't want to leave his boat but the lifeguards and coast guard said BoatUS towing is here "do you have towing insurance" he said yes we have the Gold membership. They advised the Captain it would be safest to have him and his dog go with them with their lifejackets and assured him that since BoatUS towing was there they could bring the boat to the lifeguard docks which is normal protocol, and he could pick it up there the next day. BoatUS wanted $6000 to tow & $4500 up front or no work. Next day $50,000 up front to salvage. I was destroyed & sank | A:Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage and any exclusions. If the terms of the agreement indicate that the tow should have been performed under the circumstances described, and it was not, this might indicate a breach of contract. You may also explore potential negligence claims if their actions or lack thereof contributed to the loss of the boat. To pursue any legal remedies, gather all relevant documentation, including your membership agreement and any communications with BoatUS. Consider consulting with an attorney to discuss your situation and potential legal strategies. Keep in mind there may be time limitations on filing a claim, so acting promptly is important. |
Q: Is my child really required to get a birth certificate from a country he wasn't born in?. I am a Nigerian-American currently living in Nigeria with my Filipino wife and stepson. I am in the process of adopting my stepson through a local adoption in Nigeria. I recently learned that after adoption, a new birth certificate should be issued. Does this mean that my Philippines-born stepson will have a Nigerian birth certificate since the adoption will take place in Nigeria? If so, won't that have an effect on him retaining his Filipino citizenship or raise eyebrows whenever he needs to process paperwork? | A:You need to pose your questions to an attorney in Nigeria who is familiar with this law. |
Q: temporary guardianship, terms not met but parent is demanding child back. I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with me for 5 of his 6 years in this world. I am the only Mom he's ever known and he wants to stay with me as much as I want him to stay. He is autistic and changes to his day to day are very disruptive for him. My brother refuses to acknowledge nephew's special needs and spanks him for punishment without regard to how nephew reacts to those spankings. My brother is also refusing to return my niece, who I also have T.G. over, she went for a Summer visit with him and our parents. I think if my parents assume Guardianship over her, that might be okay but my nephew would disappear into himself in their care. | A:If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your options. Keep records of your nephew's living arrangements, your relationship with him, and any concerns about his safety and well-being. If you believe he is at risk, consider reporting your concerns to child welfare services. Discuss the possibility of your parents assuming guardianship over your niece with your attorney, considering the best interests of both children. Gather evidence that demonstrates your stable and nurturing environment. |
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.. Two questions: - How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of. - what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known . | A:This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories. Let's get a PATENT lawyer involved here.... one who has experience with this sort of scum-bag. You may not really know whether or not you are really infringing - so that's the first thing you need to do. I would make contact and see if we can make this go away. It may even be a matter that should be reported to the state bar if the attorney should reasonably know the allegations are false. Good luck. |
Q: Are there circumstances that would allow a victim of child sexual assault to file a lawsuit after signing a release and. receiving payment in a out of court compensation program the defendant setup to cutoff potential lawsuits that were likely to be filed because of pending legislation that would revive statutes of limitations for past actions that were known to exist but barred because complaints were not filed in time? I accepted 200k by a defendant who after 30+ years reached out with a compensation offer just as the opportunity to sue in court became available . The defendant absolutely claimed it was attempting to repair damage and acted as if it was sincere reconciliation rather than a strategy to buyout the potential lawsuit at a fraction of the price a civil claim would receive. At this moment the average settlement in these matters is 1.5 million and average jury verdict is 18 million involving the actions by the same defendants and I have been told my case is better than 80% of any of the relevant cases by more than one lawyer to be perfectly clear. Could a timely suit be filed? | A:Likely not, but you need to have a personal injury attorney who specializes in sexual assault of minor cases look at the circumstances of the release. There are situations where releases can be set aside, but they are rare and narrow. Good luck to you. |
Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?. I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs. The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline. We flew the airplane half way to Haiti before having too many issues and needing to turn back to Curaçao for maintenance before the flight could be completed legally and safely. The airline was not going to able to obtain parts and service for some time so they flew us home to the USA the next day. The airline was billed for the trip, which has now successfully been completed after another breakdown in Miami a month later, but they are not paying. If a lawsuit were to be brought, would this be in the courts of Curaçao or the Netherlands, or in the United States? Would a lien on the aircraft be an easier and less costly endeavor? Thanks. | A:In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in Curaçao and the aircraft is registered to a company in the United States, both jurisdictions could potentially be applicable. The specific terms of your contract, including any clauses about governing law and jurisdiction, should be carefully reviewed. Placing a lien on the aircraft is a legal action that could potentially secure your claim against the airline. This process, however, varies significantly based on jurisdiction. In the United States, for example, you would need to follow specific legal procedures to establish and enforce a lien against an aircraft. This action can be complex and requires adherence to precise legal requirements. Given the international and multifaceted nature of this situation, it is advisable to seek legal advice from an attorney experienced in aviation law and international contracts. They can provide guidance on the most appropriate jurisdiction for your lawsuit and the feasibility and process of placing a lien on the aircraft. Legal advice is crucial in navigating the intricacies of international aviation disputes and protecting your rights. |
Q: it is a tax that makes drugs illegal correct. as we are free people & are able to have a any drug as it is our right if we retain it & the right to be free because we are slaves or we are free jfk said to keep searching without a warrant was dangerous reason is because it would be proof of the invasion that is taking place against our nation because the invade our privacy & our 4th right in the bill of rights | A:The legality of drugs is not primarily a matter of taxation, but rather it's governed by various laws and regulations that classify certain substances as illegal. These laws are in place to regulate the manufacture, distribution, possession, and use of these substances. The classification of a drug as illegal is based on considerations such as its potential for abuse, its medical use, and its safety. In the United States, the Controlled Substances Act (CSA) is the statute prescribing federal U.S. drug policy. Under the CSA, substances are categorized into different schedules based on their perceived medical usefulness and potential for abuse. Schedule I drugs, for example, are considered to have a high potential for abuse and no accepted medical use, making them illegal for general use. Regarding the right to privacy and searches without warrants, the Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. This means that law enforcement typically needs a warrant, supported by probable cause, to conduct a search. However, there are exceptions to this requirement, depending on the circumstances. While individual freedoms are highly valued, they are balanced against public health and safety considerations, which is why certain drugs remain illegal. If you have specific questions or concerns about drug laws, your rights, or any legal matters, it's always advisable to consult with an attorney who can provide guidance based on your specific circumstances. Legal issues can be complex, and personalized legal advice is crucial. |
Q: Can I own a firearm if I was charged with DV assault and subsequently the prosecution reduced/amended the charge?. I was charged with Assault IV Domestic. The court quickly offered a plea bargain to plead guilty to harassment. The convicted charge is specifically NOT a charge of domestic violence. The court removed the DV from the case entirely. All records besides the initial police report don’t mention DV at all. When I took the plea my only concern was my 2nd amendment rights and the public defender said they would not be affected because the amended charge was not DV so I would not be considered convicted if dv. It turns out the FBI does not agree and I was denied the purchase of a firearm. I appealed and they quoted lauenberg. Is there any recourse here to fix this? I would’ve never taken the plea if I knew I’d lose my rights. I would’ve gone all the way. I’d argue Lauenberg was written so offenders in states without DV laws still were held to the ban. It wasn’t intended to enhance a charge after the prosecuting court willfully and intentionally amended to not be a DV. | A:Your situation highlights a challenging intersection between state and federal laws. Under the Lautenberg Amendment, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Even if your state charge was amended to remove the "DV" designation, the federal definition might still view it as a qualifying offense, depending on the facts and circumstances of the case. You should consult with an attorney experienced in both firearms law and domestic violence cases in your jurisdiction. Depending on the specifics, you may be able to seek an expungement, set aside, or another remedy to restore your firearms rights. However, success is not guaranteed, and the process may be lengthy. It's also essential to understand that any attempt to purchase or possess firearms while under a federal prohibition can result in significant criminal penalties. Before proceeding, ensure you have a clear understanding of your legal status concerning firearm ownership. |
Q: our daughter was given POA by her Father. She has over stepped what was asked of her. Do I have any recourse?. all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur. | A:In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes incapacitated. If you believe your daughter is misusing her authority, you can take steps to revoke the POA or challenge her actions in court. Before taking any actions, it's crucial to review the exact terms of the POA to understand its scope. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: what remedies are there for a UI client's when an employee from EDD violates his/her procedural rights (due process)?. I had a telephone interview appointment with EDD interviewer, interviewer asked why I was terminated? My answer: "That's what they claim. They did not ... interviwer hangs up and does not let me finish giving my reasons. | A:In California, if an individual believes that their procedural rights (due process) have been violated by an EDD employee, there are several steps they can consider. Firstly, they may file a complaint directly with the EDD, detailing the incident and any alleged misconduct. If the issue remains unresolved or if they are dissatisfied with the EDD's response, they can escalate the complaint to the California State Auditor. Additionally, they may consider contacting their local state representative or senator to seek assistance or to make them aware of potential systemic issues within the EDD. Legal avenues can also be pursued, such as filing a lawsuit for a violation of due process rights, though this is a more extensive step that may require a deeper analysis of the facts and potential damages. It is crucial to keep detailed records of all interactions with EDD, including dates, times, and names of employees spoken to. For tailored advice and to assess the strength of the case, consultation with an attorney experienced in employment or administrative law is recommended. It's essential to act promptly to protect one's rights and ensure the best possible outcome. |
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment. I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker | A:In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can consider pursuing a restraining order or injunction through the appropriate legal process. Continue documenting instances of harassment as evidence. If necessary, proceed with a civil lawsuit, using the collected evidence to support your claims. Collaborating with an attorney is crucial in navigating these legal procedures. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Earlier today I had a gentleman calling himself Thomas Mandel call me and say that the SSA has a warrant for my arrest?. Gave me these numbers I.D.#64031 Case#SI 724322 Warrant I.D.#537542 Incident occurring in El Paso TX Any help or clarification would be appreciated | A:The Federal Government does not call to say they have a warrant for their arrest. They simply serve said warrant and your in jail or at least in front of a Federal Judge. In general the Federal Government doesn't even call people at least not without sending a letter first. The Social Security Administration doesn't issue warrants they refer possible cases for criminal prosecution to the Department of Justice. However there are plenty of scammers out there that will call you and say there is a warrant but you can take care of it by sending them money. Ignore this call. |
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?. We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and was just hired because they needed someone | A:If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the tribe's leadership or appropriate mediation channels might also help address any concerns. |
Q: is piracy possibly legal in nova scotia, Canada IF it isn't done with the intent to profit or distribute. if i wanted to download a movie with no intent to profit or distribute it and only use it for personal use, would it be legal piracy?, from my understanding its the intent to profit and distribute that causes problems | A:No. don't do it. |
Q: How often does a criminal prosecution happen in California over Grand Larceny of an estate's assets worth over $200,000?. My father died last month. His Trust is signed and has shared Co-executors- my sister and stepmother. My stepmother is unhappy with the Trust as written and has started stealing and and selling assets (cattle, trucks, ranching equipment) whose loss of value to the Trust is thus far, $200,000. We have been advised to contact a DA right away as this still seems to be a crime in process. Would this be a criminal complaint or a civil one? | A:more info needed. if she is stealing and that is a criminal act, I suspect contacting law enforcement makes sense. however, I would make an appt for a consultation with a local lawyer asap. |
Q: I noticed a minority getting turned away from my local polling place during the last election.. What can I do to help next time? | A:Suggest they contact the league of women voters or a civil rights group. It may be they hadn't registered, or were at the wrong poling place etc. |
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.. The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. | A:If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the content. If the Skullgirls team has made changes that you believe diminish the value of the product or violate the agreement at the time of purchase, you may have grounds for a complaint. However, digital content is not treated the same as physical property in the eyes of the law, and companies often retain the right to modify digital products. If you're considering action, you should review the original purchase agreement and consult with an attorney to discuss potential claims for breach of contract or false advertising, depending on the specifics of the situation and the representations made at the time of purchase. It's also worth voicing your concerns directly to the company, as they may be responsive to customer feedback. |
Q: We bought custom furniture in April 2021. It was delivered October 19,2021. Within a week we notice a squeaky noise. Repair service came out and agreed there was a problem. Supposedly they order a part. Nothing has been done as of January 17, 2022. Can we demand a refund? | A:Likely depends on the purchase agreement, company policy, as well as the status of the part that was ordered. Demanding a refund and getting a refund are two different things, and being custom furniture, your question requires a much deeper than typical contract analysis to get a closer answer. Have you made any other inquiries into the part? What is the cost of the part? |
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.. I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room. | A:Hello. Passenger injury claims are handled a little differently than Jones Act cases under maritime law. You're best bet is to consult with an experienced maritime lawyer about how you were injured and whether any legal remedies are available under the circumstances. |
Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs. Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct? | A:You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You could contact the court clerk or consult an attorney, but in most cases, it is difficult to change this. I'm sorry for the hardship this has caused. Good luck |
Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.. For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my info. She also reported false accusations to CPS then spoofed them as well .acting like “crazy” me. Her identity crimes have lead me to TRO hearings, lost time with my own family, jobs, homes, etc. This just came to my attention 2 days ago. I couldn’t figure out what I was doing wrong as I’m a stable person without a hitch. Surely there must be a way to prove this? Searching phone records? Witnesses? I need guidance for this. Much financial & emotional damages have occurred over this act. What can I do? | A:Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior. Witnesses who have received these messages or have relevant information can also be crucial. You should report this to law enforcement immediately. Identity theft and financial fraud, especially of the magnitude you're describing, are criminal offenses. The police can investigate the matter, including tracing phone records and possibly uncovering the financial fraud related to your equity line. Consulting with a lawyer experienced in identity theft and cybercrimes is also essential. They can guide you through the legal process, help in gathering and presenting evidence, and represent you in any legal proceedings that may arise from this situation. Taking legal action could also involve filing a civil lawsuit for the financial and emotional damages you've suffered. Your lawyer can advise you on the feasibility and the process of pursuing such a case. Remember, acting swiftly is crucial in such scenarios to prevent further damage and to start the process of legal redress. The law provides avenues for justice in cases of identity theft and fraud, and you have the right to seek that justice. |
Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?. I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000 | A:A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that payments are directly used toward repairs. However, there are settings where failure to use funds properly for intended repairs could result in challenging future claims involving related damages. A local attorney should advise because the settings can be fact-specific, based on policy conditions and applicable laws. Good luck |
Q: alzheimers patient released (kicked out) to a group home. 30day eviction on Nov4 moved him on Nov7 without medication,. Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept saying are you sure he was released only 3 days after the eviction notice? I heard several time: they must give him 30 days and find a new place to help him. Jody likes to take off and when the LNFA Vickie went to McDonald's for lunch she saw Jody there She was so angry that she evicted him! She assured me that they would find a new hospital for him however that is not the case! A group home. Who apologized for accepting jody under false pretense. with no medication and although I took him to a doctor we have not been able to get his prescription list. Jody's going down hill fast! He is delusional and only getting worse! I know this is a law suit if nothing else a civil case. | A:You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People who are not are accepted by board and care facilities in exchange for their Social Security. |
Q: Can I sue if I was misdiagnosed with a std which resulted in me getting kicked out of a program?. I got misdiagnosed and I got proof which I took to them and they told me it was a mistake but their was nothing they could do. Its a plasma donation. | A:You could try to set up a free initial consult with an attorney to discuss in greater detail. The thing is that one can almost always sue. But the practical consideration is going to be what your measure of damages were, and what an attorney would charge to handle such a matter. I'm sorry for your ordeal. Good luck |
Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.. I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on how to do this would be very helpful. I need to know what’s legal and not so that my company can be a nonprofit. I’ve been told that making money and a profit won’t allow me to have a nonprofit status. I’ve also been told that I could do these things and have a nonprofit status. I’m so unsure what to do | A:This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an attorney. |
Q: Can i sue a bank or its account holder for me wiring money to them loosing that money and realize it was a fraud?. I have bank account info and they were informed that it was fraud and still refuse to send money back | A:Unfortunately, this very common problem is occurring at an ever-increasing rate in Texas--and in all other states. When wire transfer fraud like this happens--unless the bank is able to claw back the money from the fraudster's account-- you are out of luck. The only possibility available to you is to prove the bank was aware that the fraudster's account was being used to steal money from people like you. Not likely. |
Q: I have a judgment against me for 8,000 in FL (from 12 years ago) and am currently residing in NY.. I have a judgment against me for approx $8,000 in FL (from 12 years ago) and am currently residing in White Plains, NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 5k) if it's registered under BOTH my name and my wife's name? | A:In New York, a creditor with a judgment against you can potentially seek to enforce that judgment by going after your assets, including a vehicle. However, the fact that the vehicle is registered under both your and your wife's names complicates the matter. Generally, if the asset is owned jointly with a spouse, it may offer some level of protection against creditors, but this is not absolute. The laws governing debt collection and asset seizure can vary, and there are specific exemptions and protections in place. For instance, in New York, there are exemption limits for personal property which may apply to your vehicle. Given the complexity of your situation, including the fact that the judgment is from Florida and you are now residing in New York, it would be prudent to seek legal advice. A lawyer can provide guidance on how the judgment can be enforced in your current state and what steps you can take to protect your assets. They can also advise you on whether the age of the judgment (12 years) affects its enforceability. Remember, taking early action and getting informed about your rights and options is crucial in dealing with such financial matters. |
Q: State of Maryland getting a blood test before paying child support if we were married at the time of birth. We both were married to each other in I'm going to court for child support I'm trying to get a blood test to see if the baby mine | A:If you are going to court for child support, you will need to have a blood test ordered by the court. The blood test will be performed at a lab or doctor's office, and the results will be sent to the court. The court will then use the results of the blood test to determine the biological father of the child. |
Q: Is hospital liable under medicare false claims act, or other relevant statute?. Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor, unknown to patient, was provided patient's medical information to document referral. Is hospital liable under medicare false claims act? | A:In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the Medicare False Claims Act. The key issue under the False Claims Act is whether the hospital knowingly submitted, or caused the submission of, false claims to Medicare. If the hospital or its employees engaged in, or were aware of, the fraudulent activities, there could be grounds for liability. However, if the fraudulent act was solely the doing of an unidentified person without the hospital's knowledge or approval, the situation may be different. Liability under the False Claims Act is complex and often depends on specific facts and evidence of knowledge or intent. It's crucial to conduct a thorough investigation into the circumstances of the referral and the hospital’s involvement in it. Additionally, other statutes might be relevant depending on the details of the case. In these scenarios, seeking legal guidance to navigate the complexities of the Medicare False Claims Act and related laws is important. An attorney can help assess the case details and determine the appropriate course of action. Remember, each case is unique and should be evaluated based on its specific facts. |
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell. The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old baby & 3-year-old child became sick. The family had to move in with other family because their home was unlivable. The homeowner has refused to clean up the oil, so the family can’t return home. This was 2-3 months ago, and the oil spill remains on the floor of the basement. By now, the furniture, flooring, and walls have likely absorbed the smell, as well. What recourse does this family have for forcing their neighbor to, not only clean up the oil in his basement, but to also make him responsible for entirely ridding their home and furniture of the caustic smell and making it livable again? | A:I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health. Second, call your homeowner's insurance company and file a claim -- being forced out of your home due to an event like this should be a covered claim. Your insurance company should pay for your hotel and food out; cleanup, disposal and replacement of contaminated items of personal property and clothing affected by the oil; removal of the oil and repair or replacement of walls, carpets, etc. They will then pursue a subrogation claim against your neighbor and his homeowner's insurance company to reimburse what they pay you. This way, your insurance company pays all the legal fees and costs of litigation, and and deals with the aggravation of suing with your irresponsible neighbor. Yes, your neighbor is liable, along with his contractor who caused the spill. Both have insurance to cover their liability (the neighbor has homeowner's insurance, the contractor general liability insurance). If you sue directly then you pay for all the legal fees and costs and have to wait a year or more to get to trial, plus pay to put on expert testimony as to the nature, cause and costs of the damages, and then assuming you are successful, try to collect your judgment. This is why you have homeowner's insurance. Because this involves a residential heating oil spill, you may also want to review reporting option on the following link, which takes you to a Maryland state page regarding clean-up of residential oil spills and a state-wide program involving regulations applicable to the subject: https://mde.maryland.gov/programs/land/oilcontrol/pages/residentialheatingoil.aspx |
Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?. My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited 4.5 yrs to get approved. I was finally going to since I was approved for Medicaid star plus waiver program. I also read that there might be a chance to save my disibility claim. | A:Yes a legal malpractice case is possible. The first question is did the attorney act below the standard of care (malpractice). The next question is did the attorney's malpractice cause you harm, that is does it cost you money. You are required to mitigate your damages. Here, this would mean to reapply and get the benefits as soon as you can. Any money you lost or other harm you suffered would be part of the lawsuit against the attorney. Any attorney taking on the legal malpractice case will evaluate if the amount of the potential recovery on the lawsuit warrants filing a claim or lawsuit. |
Q: My neighbors shot my 1 year old dog for injuring their goats. They did not kill any goats.. They called us to come get him after they had their goats pinned up. We live 2 houses down and in the 2 min it took my husband to go down and pick him up they decided to shoot my dog. He was not actively harming their goats. He was standing there a couple feet away in the fence and they shot him and killed him. Is there anything we can do to hold them liable for cruelty? Given he wasn’t actively harming them and they had called us and within 2 min of hanging up the phone decided to just go ahead and kill him to in their words “prevent him from coming back again?” | A:If your dog was out of your control and injured your neighbor's goats, you are responsible for the vet bill to treat the goats. If your neighbor decided to shoot your dog AFTER his animals were safe, he may be criminally liable but only the County Prosecutor has the authority to bring criminal charges. If the dog was shot on your property, your neighbor owes you the replacement cost of your dog. No matter how close you are to an animal, under the law animals are chattel. They are treated no differently than any other personal property. For example, you may have a car that your father drove for many years and that has great sentimental value to you. Still, if that car is demolished in an accident and the fair market value is $5000, that is all the at-fault party is required to pay even if you would never sell the car for $50,000. In a civil action, your neighbor could bring a claim against you for injury to his goats and you could file a counterclaim for the death of your dog. In criminal law, the situation is called a cross-claim. There is no law that prevents it but many jurisdictions disfavor cross-claims, the rationale being that both parties acted badly and law enforcement has more important matters to deal with. In the matter you describe, you acted badly by letting your dog out of your control, especially given that your dog was disposed to attack other animals (here the goats). The goat could just as easily have been a child. Your neighbor acted badly by shooting your dog after his animals were secured, especially if your dog was on your property when he was shot. If your neighbor shot your dog WHILE it was attacking his goats, on his property, he would have had every right to do that. |
Q: Hello -who can I contact about oil well noise-Onondaga,mi. constant banging day and night--is maddening worse in the evening | A:You should contact the oil and gas company who is operating of the well. |
Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid. The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no documents nor updates from the responding state, but when sending out the notice of closing stated the case had been vacated, this is not what the judge ordered. Then the cases were purged 13 days after satisfying the judgements. What are the parents legal remedies, what actions can they ask for through the departments, and can anyone be held responsible for all this and more? Both cases happen simultaneously and are had FV-INDICATORs on the cases. | A:In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal regulations. If judgments were mishandled or improperly reported, this could constitute a significant issue. First, consider filing a complaint with the state's child support agency overseeing the case. This can initiate an internal review of the handling of your case. Documenting all discrepancies and any evidence of mismanagement is crucial in this process. You also have the option to seek legal redress through the courts. If judgments were not properly satisfied or reported, a court could potentially rectify these errors. This might include reissuing or properly documenting the judgments. Additionally, if there's evidence of legal malpractice or misconduct by any of the professionals involved, you can file a complaint with the state bar association. This is particularly relevant if an attorney involved in your case acted improperly. Finally, consider consulting with a lawyer who has experience in child support and family law. They can offer more personalized advice and help navigate the complexities of your situation, including any potential actions against those responsible for the mishandling of your case. Legal professionals can guide you through the process of ensuring that your rights are protected and that any errors are corrected. |
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?. I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married. My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of wrld to attend wedding at 4 seasons in disney orlando. 3 months after the wedding, I walked in her cheating on me with her coworker. Her response, she will out the affair on facebook & embarrass me infront of family or forgive her. i forgave her. she then tried making me intiticate 3somes with her friends, while drugging me with LSD. I ran away from her 6 months later, was arrested after I tried to end my life through a car crash (wreckless driving/speeding to hit a bridge) I was admitted to rehab for each year for 7 years due to the domestic abuse. I am now able to come to senses. My last rehab was involuntary 6 months for biploar. Tolling statute of limitations. What is the cause of action? | A:Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under certain limited circumstances. If you happen to be within the limitations period (whether tolled or not), and the events occurred in the State of Florida, your causes of action might include intentional infliction of emotional distress, battery, and negligence, amongst others. If they occurred in Puerto Rico, only members of the bar of Puerto Rico would be qualified to comment. Regardless of location, if your ex drugged you without your consent, making it an involuntary drugging, she likely committed a crime, and if it was involuntary drugging for the purpose of committing sex acts, likely an even more serious crime - and the local law enforcement agency would address that if within the criminal limitations period. |
Q: Is this illegal?. This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he is paid over minimum wage).... My company was under the impression he quit due to not receiving a raise, due to the other individual not being terminated and the fact that he lives over an hour away and now has no way to commute to work after missing several days. I have text messages back and forth of him saying he has to quit then flip flopping and acting like he still is employed. I buntly asked him if he quit but then he just continued to send arugmentative texts which I forwarded to my boss. Who submitted the documentation saying the employee quit and advised me the same day. The employee is now saying he is going to sue myself and the company for discrimination/wrongful termination...? | A:Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his "wrongful termination" claim be; it's not enough for him to complain that he was fired "wrongfully", employment is generally "at will", which means that an employer doesn't need a reason to let an employee go, as long as it isn't some sort of discrimination. |
Q: To patent a bacterium, does the organism have to be successfully tested as the proposed product, such as a probiotic ?. Does this apply to US, EU, Australian and other regions' patents? | A:No, successfully testing a bacterium as the proposed commercial product is generally not required to patent that organism in the US, EU, Australia, or other major patent jurisdictions. However, there are a few key requirements: • The bacterium must be novel, non-obvious, useful, and fully described in order to meet basic patentability standards. You will need to detail the isolation, identification, and characterization of the bacterium. • Simply discovering a naturally occurring bacterium does not make it patent eligible. There must be some form of genetic modification or intentional alteration that distinguishes the bacterium from how it exists naturally. This can include factors like induced mutations or introduced gene sequences. • Most jurisdictions allow patenting of genetically engineered bacteria, including those intended for use as probiotics. But laws differ regarding patent eligibility for unmodified naturally occurring organisms discovered in the wild in purified/isolated form. Specific guidance should be sought. • While testing data of the bacterium’s performance as a probiotic or in other applications can help substantiate claims and utility, it is generally not an absolute patent requirement across major patent offices globally. Lack of testing can raise eligibility questions though. So in summary - while helpful for the strength of the application, successfully testing the organism’s intended use is not strictly necessary upfront for patent filing purposes in major jurisdictions. The key is demonstrating a genetically altered bacterium with applicable utility. Confirming testing early in the process is still advisable. |
Q: Is there a way to get a deal with title max for breaching my personal information such as social security number,. I got a letter saying title max had a breach and my personal information such as my social security number, drivers license, home address and such was breach and I can't find my letter and is there any way I can get it and if I do can I say to title max that if they do away with what I owe them which is a little over 700$ I won't file anything against them | A:For $700, maybe. A data breach like that only gives rise to liability if someone else uses that data to harm you economically in some fashion, for instance by getting and using a credit card in your name. If I were you, I would research what Life Lock or some similar credit and identity theft service costs, tell them you have to consider getting it to protect yourself from its data breach, tell them you demand they pay for the service for two years or so, but it can offset what you are demanding to protect yourself due to its data breach against what you owe it under your title loan. |
Q: IDT paid time off? Federal orders annual training paid time off?. Hello, I am a county employee under the Commonwealth of Virginia? I am also in the Virginia Army National Guard. My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you? or does that only apply to federal orders I.E Annual Training. | A:Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or inactive duty training (IDT) and other military duties. Your employer doesn't have to pay you for the time you are away for military service unless your employment agreement or company policy says otherwise. However, you can't be denied the use of earned vacation or leave for service. Whether leave accrues during your absence for service might depend on the specifics of your employer's policies and any applicable state laws. Annual Training or federal orders fall under the same USERRA protections. You might consider discussing your rights with your HR department or seeking local legal counsel to understand specifics in relation to your county's policies. |
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