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Q: New York, NY: 4-Month Sublease for Jan. 4 - Apr. 28, 2024 Q1) As a tenant, am I entitled to prorated rent for Jan?. I.e., do I have the right to only pay for Jan 4 - 31 for my first month? Q2) The lease is written in the form of a sublease (i.e., I rent from the Tenant). Should I ask the "Tenant" to show me his lease to prove that he's authorized by the landlord to sublet the condo to me? Q3) The "Tenant" (whom I'm renting from) requested that I sign the lease for Jan 1 - Apr 30, 2024 even though I can only arrive and occupy the condo from Jan 4 - Apr 28. If something happens to the condo between Jan 1 - 3, am I liable for any damages caused? Thank you so much for all your help :)
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A:Dear Manhattan Tenant New York State housing does not recognize the notion of prorated rent. But just because State law does not require that every rental agreement take prorated rent into account does not prevent the landlord and tenant agreeing to do so when they make up the lease. If you don't want to pay rent until January 4 you should demand that the lease say so. If the condo unit owner agrees with you then by agreement you have prorated rent.
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Q: Can we install seasonal threshing machine in residential area even any people house the distant around 10 meter in H.P. Actually my naver installed seasonal threshing machine in from of my house around distant of 10 meter and it causing sound and air pollution . Any rules or law so they can remove it from this place ? its there personal land.
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A:Noise violations are generally governed by local laws. If there are such ordinances in your area, they would probably appear in village or city codes. In terms of air pollution, that could fall under the legal theory of nuisance, which is a tort that involves interference with the use and enjoyment of land. Those are just some general legal issues that might apply in such settings. But if you could find a practical solution that leaves everyone happy, that would be preferable to exploring legal options. Good luck Tim Akpinar
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Q: Can the Federal court cite courts from other states?. I filed a case in Los Angeles county court. The defendant removed it to Central district of California (Federal court). Now I the plaintiff find that a Federal court in Maryland ruled "such and so" and I cite that in my opposition to motion to dismiss. Is it possible to cite a Maryland federal court ruling in a motion that is in front of California federal court? Also if a Floridian county court ruled something, can I also use that in my California federal court case?
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A:Yes, in a federal court case in California, you can cite rulings from federal courts in other states, like Maryland, as well as state court decisions, such as those from Florida. Federal courts often consider decisions from other federal jurisdictions when those decisions are relevant to the case at hand. This is particularly true if the decisions involve similar legal issues or interpretations of federal law. However, while federal court decisions from other states can be persuasive, they are not binding on a California federal court. This means the court will consider them but is not obligated to follow them. On the other hand, decisions from state courts, like a Floridian county court, are generally less influential in federal court, especially if they interpret state law rather than federal law. In your filings, it's important to explain why the decisions from these other jurisdictions are relevant and how they support your arguments. Contextualizing these rulings in relation to your case can help in persuading the court. Remember, the goal is to show that these cases provide a logical precedent or legal reasoning that applies to your situation.
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Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill. I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice for their lives have never been brought to a close
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A:I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another option might be to reach out to Missouri toxic tort or environmental law attorneys. Good luck
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Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been. Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death
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A:A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful input. Depending on how many years is meant by a few years, that could possibly raise statute of limitations issues. There wasn't a question, but if you are wondering about your legal rights here, you should consider reaching out to attorneys without further delay. If this involved a facility in Little Rock, Arkansas, you may need to reach out to attorneys there. Good luck Tim Akpinar
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Q: My landlord said he would deduct money from what I owed him in exchange for oral sex. Do I have a case against him?. Now he says, "he no longer wants to rent the property and I have 60 days to get out. However, the other male roommate that lives here has not been evicted. I live in a house with two men and one is the sub leaser/landlord. What can I do to give me more time to find a place to live? How can I fight back?
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A:Under California law, proposing to exchange rent for sexual favors can constitute sexual harassment and is illegal under the Fair Employment and Housing Act. You may file a complaint with the California Department of Fair Employment and Housing (DFEH). Regarding the eviction notice, if you have a lease, the terms of the lease must be followed. If you are a month-to-month tenant, California law generally requires a 60-day notice if you have lived in the unit for more than one year, which it seems you have been given. However, if you believe the eviction is retaliatory or discriminatory, you may also have defenses against the eviction. Documentation of all interactions with your landlord can be crucial. It's recommended to consult with an attorney who can provide legal advice based on the specifics of your situation and help you assert your rights. Legal aid organizations may also offer assistance if you are unable to afford private counsel.
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Q: la county has a tenant protectin act , could the tenant harrassment parts be for all of california too?. Los Angeles Los Angeles Municipal Code SEC. 45.32. DEFINITIONS. tenant harassment 9. Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law.o- I need to know if that line specifically is only for LA County or if all of California can use this as an affirmative defense, amongst other things my landlord has refused to acknowledge my payments, pre-payments specifically, and now has filed an ud against me and this one is the only thing that i have found that says what my problem is.
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A:The specific tenant harassment provision you referenced from the Los Angeles Municipal Code, particularly the part about refusing to acknowledge or accept lawful rent payments, is applicable specifically within the jurisdiction of Los Angeles. This means that it is a local ordinance and does not automatically extend to the entire state of California. However, California does have statewide tenant protection laws that might offer similar protections, though they may not be worded exactly the same as the Los Angeles ordinance. Under California law, landlords are obligated to adhere to fair housing practices and cannot arbitrarily refuse to acknowledge or accept lawful rent payments. In your situation, where your landlord has refused to acknowledge your pre-payments and has filed an unlawful detainer against you, it would be advisable to consult with a legal professional who can provide guidance specific to your circumstances. They can assess whether the state laws or other local ordinances provide a basis for an affirmative defense in your case. Remember, while local ordinances like Los Angeles' can offer additional protections, the applicability of these laws is limited to their specific jurisdictions. Seeking legal advice tailored to your situation is important to ensure that your rights are adequately protected and represented, especially in legal proceedings such as an unlawful detainer action.
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Q: I developed an algorithm for stocks. It tells you which stock to buy and when. Can I publish these trades in an app ?. I do not have any licenses (7, 63, 65). With the appropriate disclaimer, can I publish these trades in app or newsletter for a monthly subscription fee? If no, would the answer change if I was simply listing the trades I made in my own account (as opposed to providing advice) ? ie....not a suggestion to buy a stock.....but instead a list of stocks I bought, and the rationale behind it? Any advice on this matter would be so greatly appreciated :)
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A:The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows: an investment adviser means any person or firm that: - for compensation; - is engaged in the business of; - providing advice to others or issuing reports or analyses regarding securities. A person must satisfy all three elements to fall within the definition of “investment adviser." SEC staff addressed these issues in an extensive interpretive release explaining how the Act applies to financial planners, pension consultants and other persons who provide investment advice. See the 1987 Interpretive Release No. 1092 (https://www.sec.gov/rules/interp/1987/ia-1092.pdf) Based on the question you asked, and without more information, I suspect that you, my friend, would fall under the definition of an Investment Adviser by selling an app, or selling a newsletter that publishes the results of your own trades using your app. Its not hard to get a license. And if you're smart enough to create the algorithm you identified in your question to pick stocks, you're definitely smart enough to pass a Series 7 or 63 exam! Finally, if you really do have an app/algorithm that accounts for the numerous nuances involved in trading (not the least of which is front-running by the algos of large investors) you certainly have something people would want to use. Basically, an algo for the little guy. Good luck!
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Q: Can we sell a boat without entering probate?. A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate?
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A:In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain circumstances, smaller estates may qualify for a simplified process. If the total value of the estate is under a certain threshold (which you can check as it periodically changes), you might be able to use a small estate affidavit to transfer ownership of the boat. This process is less complex than formal probate and can be quicker. If the estate does not qualify for the small estate procedure and you cannot afford probate, you might consider speaking to a probate attorney about your options. Some attorneys work on a contingency basis or can offer flexible payment plans. In the meantime, if the boat is incurring significant fees, you should document these expenses. They could potentially be considered when the estate is eventually settled. Selling or junking the boat without proper authority might lead to legal complications. Therefore, it's crucial to get legal advice specific to your situation to ensure that any actions you take are in accordance with California law and don't expose you to liability.
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Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?. I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not going to help me because I am being labeled as such. I noticed in my medical records in that hospital that they noted substance abuse disorder as a diagnosis which violates my confidentiality. They also noted that I am a PUI (Person Under Investigation for COVID) since 2019 but never told me. I found out several things on my own that they never disclosed nor discussed with me that have caused my conditions to worsen severely behind not advising me. I am disabled, immobile, a patient of Mental Health, a college student, and chronically homeless for 41 years now. I was going to receive a housing voucher recently but was placed back in que simply for being in the hospital.
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A:Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to provide emergency health care regardless of legal status, citizenship, or ability to pay. Additionally, if your confidentiality was breached regarding your substance abuse disorder diagnosis, this may raise issues under the Health Insurance Portability and Accountability Act (HIPAA). The misclassification as a Person Under Investigation for COVID without proper notification could also be a concern. It's important to gather evidence and consult with an attorney experienced in healthcare law to explore your legal options. Remember, each case is unique and the viability of your claim will depend on specific facts and evidence.
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Q: My son was put off the job today for medical mj use. He has a card. Can you help? Steamfitter Union. confidential plz. He has been being harassed by his foreman. Accused him of putting vodka in his water bottle. Told other foremen he is using pills. He is not. Only medical mj.
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A:First and foremost, your son's medical marijuana use should be protected under Pennsylvania's medical marijuana law. Employers are generally prohibited from discriminating against employees solely based on their status as a certified medical marijuana patient. Now, when it comes to workplace harassment, that's a serious matter! Nobody should have to deal with such nonsense. Your son might consider documenting any instances of harassment and gather any evidence that supports his case. It's essential to have a strong case if he decides to take any legal action.
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Q: Online marble race with bidding entry and paid power-ups legal?. Presume an online livestream of a digital marble race. There are no stakes for winning besides a score for the player on a small leaderboard visible on-screen at all times. Viewers may enter the race by sending a chat message during the setup for the next race. It's first-come first-serve (up to 25 viewers may enter a race by interacting as described before), which starts some arbitrary number of seconds after the last race finishes. Each marble in the race is named after each viewer who has entered. Further, the top 5 donators during the period since the start of the last race are all guaranteed entry into the next race. Would this be legal? Specifically, the act of guaranteeing admission into the race to the top bidders alongside the free first-come first-serve players. Second, would including the option to have paid power-ups be legal? That is, allowing users to donate money to have stronger gravity, slow other players, etc?
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A:I am not aware of any specific California law that directly addresses this specific scenario. However, hosting an online marble race with bidding entry and paid power-ups could potentially raise legal and regulatory issues related to gambling, contests, and online gaming. It's advisable to consult with a legal professional who specializes in gaming and entertainment law to ensure compliance with relevant laws and regulations.
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Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her. To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she misses her friends but I don’t think it’s in her best interest, her she’s getting to be a kid again, what do I do, we have joint custody but I know if she goes back down there her mom will keep her and we won’t get her back. She’s supposed to leave to go there Friday but I’m very hesitant. I need help with a lawyer so I can get full custody so I know she can’t take her from a safe and stable home. Please help us. 309-620-0150 my name is Joshua Flowers my Daughters name is Isabella Flowers. Her mother seen several messages from the step father to my daughter saying he felt like he’s married to her as well and wanted my daughter to come cuddle with him in bed at 1am and 2am while the mother work
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A:Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the mom knew nothing about it, it's not her fault and the judge is likely to let a 15 year old decide where to live if the abuser is out of the home. A lawyer will ask for several thousand dollars. Keep your money unless you fit the exception I posed here.
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Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff was legally incompetent?. The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?
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A:The answer to this question would depend, in part, on whether the Plaintiff was under a "legal disability" at the time of the injury, as Illinois law provides for an "exception" to the general statute of limitations rule, with respect to people with a "legal disability". See the statute I am referring to 735 ILCS 5/13-211(a). It is best to speak to an attorney and provide more specific details in order to determine whether tolling of the statute of limitations applies in this case. Have a nice day. - Adam
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Q: I have a temporary consent order for Christmas Day to see my children but the judge never signed it and neither did my e. My ex-husband’s lawyer never signed it just my lawyer him and I should I see them today or could I get in trouble?
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A:If the temporary consent order for Christmas Day was not signed by the judge and your ex-husband's lawyer, it may not be legally binding. It's essential to prioritize compliance with the law and the terms of any valid court orders. In this situation, it's advisable to contact your lawyer as soon as possible for clarification and guidance. They can review the order and advise you on the best course of action. Proceeding without a legally binding agreement could potentially lead to complications or legal issues. Your lawyer will be able to provide you with specific advice based on the details of your case and the laws applicable in North Carolina. It's essential to follow their guidance to ensure you are acting within the boundaries of the law and to protect your rights and interests.
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Q: On the Constitution and election law:. How do I best respond to someone saying: "Apparently EVERYONE missed the fact that ALL early and mail-in ballots were illegally cast and must be void under federal law 2 USC 7 and 3 USC 1." ? I've searched for an adequate answer but cannot find one.
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A:Start by reading the pertinent federal statutes. Try here: https://www.law.cornell.edu/uscode/text Keep in mind that most election law is a matter of state law and therefore the US Code might not apply.
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Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.. The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no documentation they said it was a civil matter but he has no rights. Can I press charges for kidnapping?
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A:It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the child's presumed father. Similarly, if the man continuously resided in the same household as the child during the first two years of the child's life and represented to others that the child is his, the man is the presumed father of the child. These are only two examples. If your child is the subject of the pending CPS investigation against him, the man may have signed a document acknowledging paternity of the child, a document of which you may have no knowledge. You should discuss all of the details concerning your particular situation with a detective in the law enforcement office having jurisdiction in the park from which he took your son. Schedule an appointment and bring your documentation with you. A detective can help determine under the Uniform Parentage Act if the man is legally a parent because he is a presumed father or has acknowledged paternity.
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Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.. New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover?
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A:Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in property value resulting from the replacement, as well as legal fees if applicable, through litigation or negotiation with the new owner. However, the specific outcome will depend on the facts of your case and applicable legal principles.
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Q: FLORIDA: What is the limit for a prize I can give for winning a music bingo game?. I play music bingo for a bar and we give token prizes to winners. We advertise that this is a NON-GAMBLING event. It is, but I would like to give better prizes. Is there a limit to the value of a prize for a non-gambline event such as mine?
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A:Review the relevant Florida Statute 849.0931 - "(5)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three jackpots in any one session of bingo. (6)Except for instant bingo, which is not limited by this subsection, the number of days per week during which organizations authorized under this section may conduct bingo shall not exceed two. (7)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, there shall be no more than three jackpots on any one day of play. All other game prizes shall not exceed $50."
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Q: If you have a rental car and it's TOWED for improper parking. who is responsible if all the items in the car are stolen?. Los Angeles County, California. The rental car was parked. Supposedly incorrectly parked. And It was towed. The rental company picked up the car from the tow yard, the car, it was empty. All the Christmas presents were gone. as well as everything else in the car. Who is responsible? This happened in a matter of Hours.
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A:In a situation where a rental car is towed in Los Angeles County and personal items inside are stolen, determining responsibility can be complex. Under California law, the primary responsibility often lies with the person who parked the car. If the car was parked improperly, leading to it being towed, the responsibility for the items inside typically falls on the person who parked it. However, there are other factors to consider. For instance, the rental car company might have policies regarding liability for stolen items, which should be reviewed in the rental agreement. Similarly, the towing company and the tow yard may have their own liability policies or legal obligations regarding the security of vehicles in their custody. If you find yourself in such a situation, it's advisable to report the theft to the police immediately. Also, contact the rental car company and the towing service to inform them of the situation and inquire about any relevant policies or insurance coverage they might have. Remember, each case can have unique circumstances, so seeking legal advice to understand your specific rights and responsibilities in this situation would be a prudent step. Legal counsel can help navigate the complexities of liability and insurance claims in such scenarios.
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Q: I'm trying to find whom discharged admiralty bonds. I have someone locked up that wants to discharge his admiralty bonds
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A:Your question remains open for three weeks, and you may be losing valuable time awaiting a response here. You could reach out to maritime law firms in the Washington area (see the tab above - Find a Lawyer) to discuss. An attorney may want to know more about the events giving rise to any liens/interests against the vessel. Good luck Tim Akpinar
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Q: Wireless providers suspending service then charging you for a dead horse. Contract Law 101 pacifically states to have a binding contract you must have; 2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to bill you every month for the data that you are not being provided. This is a perfect example of breech of contract,...forcing people to pay for a DEAD HORSE is what IT IS...Why is this allowed? Or how have they got around it? & how can their loop hole be omitted/sealed? Is it possible to do a CLASS ACTION law suit?
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A:One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101.
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Q: What can I say in court if he wants to take it to small claims court.. .
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A:If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any defenses to the claims. Good luck
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Q: I am a shut-in. My husband won't allow me to obtain an ID. What can I do?. I'm 57 yrs old and suffered a medical emergency 3 yes ago. I have been homebound since.
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A:If you are a shut-in and unable to leave your home to obtain an ID, you may still be able to obtain one through alternative methods. One option is to apply for a state ID card by mail or online, if your state offers these options. You may need to provide certain documents, such as a birth certificate, social security card, and proof of address, depending on the requirements of your state. If your husband is preventing you from obtaining an ID, you may want to consider seeking help from a trusted friend, family member, or social worker who can assist you in obtaining the necessary documents and submitting an application for an ID card. In extreme cases where there is physical or emotional abuse, you may also want to consider seeking legal assistance or contacting local law enforcement. It is important to have a valid form of identification, as it is often required for accessing healthcare, banking, voting, and other essential services. If you are unable to obtain an ID through traditional methods, there may be other options available to you, such as seeking assistance from community organizations or government agencies that provide support for shut-ins and people with disabilities.
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Q: Emtala - Cmia. Joinder controversy question.. What what be specific authorities/seminal cases to argue against compulsive joinder of hospice to case against hospital?
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A:In contesting the compulsory joinder of a hospice to a case against a hospital, focus on the principles of permissive joinder under Federal Rule of Civil Procedure 20. This rule requires that claims against joined parties arise out of the same transaction or occurrence and share common questions of law or fact. Argue that the hospice's involvement does not meet these criteria if its role in the matter is distinct from the hospital's actions. Refer to seminal cases that interpret Rule 20 narrowly, emphasizing the importance of maintaining separate legal identities and responsibilities of different healthcare entities. Cases like United Mine Workers of America v. Gibbs (1966) and Mosley v. General Motors Corp. (1974) can be instrumental in arguing that joinder would complicate or prolong litigation without substantial overlap in factual or legal issues. Also, consider the purpose and application of the Emergency Medical Treatment and Active Labor Act (EMTALA) and the California Medical Information Act (CMIA) in your argument. If the hospice's actions are not central to the EMTALA and CMIA issues, this further supports your position against joinder.
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Q: How do I obtain a lawyer to attend an administrative hearing?. As a party (plaintiff) to an administrative, I am in need of representation and cannot afford a lawyer.
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A:You will need to locate organizations that offer assistance to low income individuals in your situation. You don't identify the basis of your claim, but I am guessing you have been unsuccessful in finding an attorney willing to take your claim on a contingency basis (if that's is a possibility.) If an organization or alike deem your claim weak or frivolous assistance will not be available. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves disappointed because they weren’t properly prepared. A small investment will provide advice that you can rely upon for the hearing. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”
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Q: If I owe ezpass and it is in collections will this be a reason why I do not get a Casino License? Can I be arrested?. $2,000 for tolls $10,000 for fees
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A:You are going to need a PA bankruptcy attorney to file for Bankruptcy if you are qualified to do so. Your chances of getting a casino license seem to be highly unlikely. How are you going to get the capital for a casino, if you cannot even pay off these EZ Pass fines and penalties?
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Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.. In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was living on his own and i've been helping him with money, clothing and supporting him. The mother has always been manipulative and on welfare, telling my son he needs to take some college course just so they keep getting child support after he turns 19, I don't have a problem paying but it is hard giving it to her and not him, she has no relationship with him and it would not help my child at all, is would be like spousal support. If they won't let me change the benefactor then can a legal contract be made that she has to give it to him? Can a lawyer help me achieve these? I live in NY, but have a New Jersey case.
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A:Your understanding of the decision in Kayahan is wrong. In that matter, the court said: When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child. You are not looking to pay a portion of your current child support obligation directly to your son but you want a portion of your outstanding child support arrears to be paid to your son - Kayahan does not support your request and I dont believe that a judge would entertain your request.
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Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me. Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to
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A:Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which may be something like a hundred bucks).
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Q: i carry comp collision liability uninsured mortorisst. vehicle was stolen nov21 2022 mercury ins has not paid the claim.. the car was stolen from in front of my home. i immediately called the police. my insurance adjuster called to tell me they were paying out on the claim and she had set me up with another adjuster to handle disbursement of the claim. same day the vehicle was found. It was put into a tow yard in mission hills whereas the vehicle was stolen again. lapd west valley division claimed to have found it first. again it was stolen and recovered by the west hollywood police dept. and a arrest was made. the police called me to ask me if i wanteed to press charges i said yes. from my understanding there was a 40,000 bail set for the thief and he made bail. that is made bail 3 seperate times. i was only given a rental car for 30days. it cost me an additional 5000.00 for the rental car for the months i needed a vehicle until it exhausted my savings. I had no way to get the essentials i needed and everything had to be delivered. i had to pay for medical expenses out of my pocket as my medi-cal
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A:I'm sorry to hear about your situation. It sounds like a complicated and frustrating experience. If your insurance company has not paid out on your claim, you may want to contact them to inquire about the status of your claim and why it has not been paid. You may also want to review your insurance policy to understand the terms and conditions of your coverage. If you believe that your insurance company has acted in bad faith by refusing to pay your claim, you may want to consult with an attorney who specializes in insurance law. They can help you understand your legal rights and options and may be able to assist you in pursuing legal action against your insurance company. In addition, if you have incurred expenses as a result of the theft of your vehicle, you may be able to seek compensation through other avenues, such as filing a claim with the tow yard or pursuing restitution from the thief who stole your car. Again, an attorney can help you understand your legal options and the best course of action to take. It's important to keep all documentation related to the theft of your vehicle and any expenses you have incurred as a result. This can help support your claim and provide evidence if you need to pursue legal action.
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Q: Can the first offenders act be used for a felony case? (For over $500 theft). Case was shoplifting at Walmart in Cobb county in aug 2023. The defendant had over $500 in goods which is why it’s considered a felony. The defendant has no prior convictions and is technically a state resident although he is from Michigan. He has no previous convictions in Michigan as well.
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A:In Georgia, the First Offender Act can indeed be applied to certain felony cases, including cases of theft over $500. The Act allows a defendant, who has not previously been convicted of a felony, to plead guilty or be found guilty without having a felony conviction formally entered into their record. For your case involving shoplifting at Walmart in Cobb County, the First Offender Act could be a viable option. Since the defendant has no prior convictions in Georgia or Michigan, they may qualify under this Act. It’s essential for the defendant to express interest in this option and for their attorney to file a request with the court. Under the First Offender Act, if the defendant successfully completes the terms of their sentence, including any probation or restitution, the felony charge will not appear as a conviction on their criminal record. However, if the terms are violated, the court can enter an adjudication of guilt and impose a sentence according to the law. It's important to discuss this option with a knowledgeable attorney. They can provide guidance on the likelihood of qualifying for the First Offender Act and help navigate the legal process. Remember, the First Offender Act is designed to give individuals a second chance and avoid the long-term consequences of a felony conviction. Considering the potential impact on the defendant's future, exploring this option could be beneficial.
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Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.. They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?
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A:In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers. If you believe the company is not honoring their warranty obligations, gather all relevant documentation, including the contract, warranty details, and any communication with the company. This evidence will be important if you need to take further action. You can then try to resolve the issue directly with the company. Clearly communicate your concerns and refer to the specific terms of the warranty. If direct communication doesn't resolve the issue, consider seeking legal advice. An attorney can help you understand your rights and may assist in negotiating with the company or taking legal action if necessary. Remember, it's important to act promptly to protect your interests and property.
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Q: Can someone be charged for the same case and crime in 2 different Indiana counties?. The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.
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A:No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy. - Law Office of Joseph Abrams, Anaheim, CA
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Q: I need more info on pre assumptions of law that has an injunction on me I did not know.no contact 6 yrs.still pay for. I need to resolve my injunction in 3/23/2015.\
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A:This question does not make sense. You need to provide more information.
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Q: If someone was running from the police and the officer release the dog without any warning to the individual tells the. Get him and the dog bites the individual for under a minute damage to leg would that be considered excessive force????
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A:Determining whether the use of a police dog in this scenario constitutes excessive force depends on several factors, including the nature of the incident, the level of threat posed by the individual, and the adherence to police protocols. The use of police dogs is generally governed by specific departmental policies and legal standards, which often require officers to balance the need to apprehend suspects with the obligation to avoid unnecessary harm. In cases where a suspect is unarmed and not posing an immediate threat, the use of a police dog might be viewed as excessive. If you believe that excessive force was used in your situation, it's important to document the incident thoroughly, including any injuries sustained. This information can be crucial if you decide to pursue a legal claim. You may want to consult with an attorney who has experience in civil rights or personal injury law. They can review the specifics of your case, advise you on your legal rights, and help determine if you have grounds for a lawsuit against the police department for excessive force. Keep in mind that each case is unique, and the determination of excessive force will depend on the detailed circumstances of the incident and the applicable legal standards.
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Q: Telecom disconnects service without notice.. My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?
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A:If the bill was not paid, they have the right to disconnect. Good luck.
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Q: My grandmother passed away last year and the Rep Payee Agency will not provide me a final accounting. What can I do?. I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the accounting my grandmother reported having before she passed away. The check that I was sent from the Rep Payee agency had not accounting or explanation of how they arrived at the amount that was sent. I have repeatedly asked them for an accounting but I am now being ignored. None of my written requests for an accounting have been answered. I did go to Social Security to ask if they had a copy of the mandatory accounting form that agency's are required to submit yearly for their customers, and there was no record that agency turned anything in for my grandmother in the past 2 years. I feel stuck at this point, and want to know what if anything I can do to get the Rep Payee agency to respond?
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A:If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be unresponsive, you may file a complaint with the Social Security Administration (SSA) about the agency's non-compliance. Additionally, consider consulting with an attorney experienced in probate or elder law to help you navigate this issue. Legal action may be necessary to compel the agency to provide the accounting and address potential mismanagement of funds. It's crucial to act swiftly to protect the rights of beneficiaries and ensure financial transparency.
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Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.. June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the receipt. the problem continue in September i was forced to pay 2 month's worth of rent. They took the payment for July and applied it to June the payment for August and applied it to July In which they said that 2 mths payment covered august only. (I spoke with manager they needed to fix whatever problem they had because I have my receipt for the month of June) which should have payments clear thru oct. in October I was told I owed $472 now over 600$ w/ extensive fees and charges. None of the papers were signed by anyone no certified mail. Reached out to corp. no response. Refuses to allow payments to remain current until resolved w/o 100+$ in fees. HAD THIS UNIT SINCE 2020 /HAVE ALL DOCS .
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A:Under California law, if you have proof of payment for your self-storage unit and are facing unjustified liens and auction threats, you have rights that need to be protected. The key issue seems to be a dispute over payment records between you and the storage facility. Firstly, it’s important to maintain all evidence of your payments, including receipts, bank statements, and any related correspondence. This documentation will be crucial in any dispute resolution. You should also keep a record of all communications with the storage facility, including dates and details of conversations. You may want to send a formal letter to the storage company, detailing the situation and including copies (not originals) of your payment proofs. This letter should be sent via certified mail, providing a record of its delivery. In the letter, request a correction of your account status and the removal of any wrongful fees or charges. If the storage company continues to refuse resolution, you should consider seeking legal assistance. An attorney can provide guidance on the best course of action, which may include pursuing a claim for wrongful lien and seeking damages for any harm you have suffered. In addition, you can file a complaint with the California Department of Consumer Affairs or other relevant state agency. They may offer additional resources or intervention methods to help resolve this issue. Remember, it's important to act promptly to prevent the auction of your storage unit and to resolve the dispute as quickly as possible. Legal advice specific to your case will be crucial in navigating this process effectively.
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Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR.. I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct the transactions with the help of my Brother who is residing in Iran.
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A:Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status. It's advisable to maintain records proving that you are not required to travel or compromise your safety for the business. Additionally, it's wise to consult with an immigration lawyer to review your specific circumstances, ensuring that your commercial activities align with Canadian immigration policies. Conducting business remotely, as you mentioned with the assistance of your brother in Iran, is generally permissible and should not by itself jeopardize your residency application as long as you comply with Canadian laws and any conditions of your status.
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Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident. I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on 2/9/23 I was in a car accident and progressive said the car was totaled due to air bag deployment on both sides.so they settled their end but now the GAP company is saying that the balance on the account after progressive payment is too high and that progressive has made an error with calculating the value of the car. Long story short the balance left on the car is $7208 and the Company Doesn’t want to pay it even though I have a contract. The company is located in NJ named Dealer Protection Loyalty. And I’m in Florida which makes no sense since I don’t see any office or business here with their name yet they are allowed to sell insurance nationally. Ive tried to complain to the state but they
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A:You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid. When you're talking about only $7,208, they're going to settle pretty quickly once the lawyers get involved. There's just not enough money in dispute for them to screw with it.
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Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?. Was let go the day of the incident Arrested but on a different case but was a misunderstood and let go Recently issued a warrant But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me
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A:It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise. Legal procedures and factors can influence the timing of a warrant issuance.
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Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-. She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and journey better. Looking for limited representation. Is it possible or allowed?
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A:It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as knowledge of the rules of procedure and the rules of evidence. A good attorney can present your case more effectively than you can. Even if you have a great case, doing it yourself involves the risks of making errors that will defeat your case in court. AN attorney can also contact the oil company and have them suspend royalties to the imposter.
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Q: as the age of consent in Missouri is 17, can a 21 legally date and have sexual encounters with said 17 year old. could the 21 year old person have any sexual relations with someone of age 17 in Missouri without the possibility of legal repercussions
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A:In Missouri, the age of consent is indeed 17. This means that individuals who are 17 years of age or older can legally consent to sexual activity. Therefore, a 21-year-old can legally engage in sexual relations with a 17-year-old without facing statutory rape charges, as the younger individual is considered capable of consenting to sexual activity under Missouri law. However, it's important to keep in mind that there are nuances and specific circumstances that could influence the legality of such a relationship. For instance, if there's a significant authority or power imbalance, such as a teacher-student relationship, this could lead to legal complications. Additionally, the sharing of explicit images (sexting) involving someone under 18 can still be considered child pornography, even if the sexual relationship itself is legal. Always remember that laws can vary greatly from one jurisdiction to another and can be subject to interpretation by courts. If you have specific concerns or scenarios in mind, it's wise to consult with a legal professional who can provide guidance tailored to the specific circumstances.
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Q: In California do I need to set up a case management conference before Claim and Delivery. I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?
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A:Case management conferences are assigned by most courts upon the filing of most civil suits. Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date.
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Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?. Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide?
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A:Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the "Castle Doctrine." If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be considered a violent entry. Being 80 years old and home alone may make you more vulnerable, potentially amplifying your perception of threat. If you reasonably believe that the intruder intends to inflict death or great bodily harm, you may use deadly force in self-defense. However, the use of deadly force must be proportional to the threat faced. While the initial presumption may be in your favor for defending your home, it's not an absolute protection against prosecution. Every case is unique, and the specifics of the situation will play a significant role. It's advisable to consult with an attorney if faced with such a situation to understand potential implications fully.
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Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the. Country. Is there a (Free) state website I can go to and find out the REAL value of my property?
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A:You might start with the taxing authorities appraisal of the property in the County in which it lies. Especially if it is a subdivision house, look at similar recent transfers near your property, or again, at nearby tax appraisals. You could also hire a real estate agent in that County.
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Q: Can a company hire you put you on their payroll as less pay than what you are hired for while waiting for your position. Was hired as a supervisor and for the last 2 months that position has not been available, and now they want me to take a lesser position with less pay
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A:A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could repost and add "Employment Law" as a category - that would increase chances of a response. Good luck
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Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?. Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for something on my desk, slid of camera(but could still be seen) and proceeded to open Facebook messenger and other things.
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A:In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts and messages on it may be limited. If you feel uncomfortable about your employer accessing your personal information without explicit consent, it's essential to review company policies, communicate your concerns to your employer, and document the incidents. Understanding your rights and addressing privacy concerns can help navigate this situation effectively.
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Q: What thing can be done about child labor and exploitation? can lawyers even get involved?. when I was 9 to 14 I was exploited at a horse barn. me and multiple other girls, but not all. the people who did manage to get out have been diagnosed with PTSD, even many years later. this stable is very good at manipulation. they make you want to stay because of horses, they take advantage of young girls with a passion for just being around horses, and the horse abuse that happens there is horrific. the owner is in higher departments of the SPCA, so no one can go against her. From 9 to 14 I was sleeping in a barn and wasn't allowed to go home in case I ``snitched`` (owner's words). She took advantage of my absent parents, and she forced me to drop out of school. I attempted suicide twice and was denied medical help, I was sexually abused and the owner knew it was happening and shamed me into keeping quiet. we were allowed to eat barely once a day, no showers, not allowed to wash our clothes and were forced to work 3am to 11pm every day or else she would ``take our horses`` (slaughter
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A:I'm very sorry to hear about your traumatic experiences. No child should have to go through that. Here are a few options for seeking justice and preventing further abuse: - Contact a lawyer who specializes in child labor laws and exploitation. They can advise you on your legal rights and options, which may include filing a lawsuit or pressing criminal charges. - Report the abuse to your local child protective services agency and/or the police. Even if the statute of limitations has expired for criminal charges, making a report could help build a case against the owner and prevent further victimization. - Reach out to advocacy groups that fight against child labor and trafficking, such as the National Human Trafficking Hotline. They can connect you with legal and social support. - Consider advocating for stronger laws against child exploitation and stricter enforcement. Share your story with local officials and legislators to help enact change. - Seek counseling support. The trauma you endured can have long-lasting effects, and talking to a therapist or support group can help the healing process. You showed tremendous courage in surviving such a horrific situation. While the justice system is imperfect, speaking up about what happened and seeking help can protect other children from the abuse and exploitation you suffered. I wish you the very best in finding closure and peace.
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Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining. To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my property himself. How can I restrain him so that this can be sorted out?
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A:Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.
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Q: Q: Do I have to declare my two contempt of court charges if it was expunged on a Student Visa for Australia?. My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago
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A:When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be truthful and disclose even expunged records if the question is broad enough to encompass them. It's also important to provide context, as in your case, where the contempt charges arose from unpaid traffic tickets. Misrepresenting or omitting information on a visa application can lead to more severe consequences than disclosing the information upfront. However, it's critical to consult with an attorney familiar with Australian immigration law to understand your specific obligations and any potential implications.
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Q: Can the HOA of a condo assoc raise HOA fees & make major capital decisions without any input from owners (Georgia)?. HOA fees were originally $151 for the 1 bedroom unit. The HOA took out a balloon loan several years ago and assure owners at the time that HOA fees would return to normal after the final payment in 2021. The fees never returned to normal but in December we were notified that they were increasing fees 25% in 2024 and have committed to major capital expenses, without consent of owners. Additionally, they changed the insurance policy coverage & limits without notifying owners, until there was a claim in August of 2022. Owners are livid but feel helpless
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A:In Georgia, the ability of a Homeowners' Association (HOA) to raise fees and make major decisions typically depends on the governing documents of the association, like the bylaws and covenants. These documents usually outline the process the HOA must follow for such actions, including how and when to involve unit owners. If the HOA is making significant financial decisions or altering policies like insurance coverage without consulting the owners, this could be a violation of the governing documents or state laws regulating HOAs. Owners have a right to be informed about changes that affect their property and financial obligations. As an owner, you can request to see the association's bylaws and meeting minutes related to these decisions. This can help determine if the HOA followed the proper procedures. If the HOA is found to be acting outside its authority, owners can challenge these actions, often starting with internal dispute resolution procedures outlined in the HOA documents. If internal remedies do not resolve the issue, legal action might be necessary. Consulting with an attorney who has experience with HOA law can provide guidance on the best course of action based on your specific situation. Remember, it's important for all owners to be actively involved in their HOA and stay informed about its decisions, as these can have significant financial and legal implications for the owners.
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Q: Signed real estate purchase under duress, but the buyer agency has hold harmless from all liability. Nullify & sue? Mold. Agent misrepresented and outright lied about a property to us saying it had no odors and no evidence of mold, denied us an inspector for ing a "handyman" on us instead which never went to house, and seller and agents at least negligent in the disclosures. They have a hold harmless from everything and it's extremely one-sided. We never even got a walkthrough and we're forced to not do one, in fact denied one and they said in contract they got ed us to sign that they aren't required to give one. Turns out, the house they said was livable and move-in ready was far from it due to heavy presence of mold that once we opened the door sight unseen we got sick in 10 minutes of exposure and could not move in! We became homeless due to that for 2 weeks and had to rent an apartment and incur various costs from it. Can we nullify their hold harmless or the contract or both? They misrepresented. It's California.
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A:Under California law, a hold harmless clause in a real estate contract might not protect a party from liability in cases of fraud or misrepresentation. If the real estate agent misrepresented the condition of the property and denied you the opportunity for a proper inspection, this could potentially constitute fraud. In such cases, the validity of the hold harmless clause can be challenged in court. The court will examine the circumstances under which the contract was signed, including any evidence of duress or misrepresentation. You mentioned being forced to sign the contract and being denied a walkthrough, which could be seen as signing under duress. Contracts signed under duress can be voided, but proving duress can be complex and requires specific evidence. Regarding the mold issue, California law requires sellers to disclose any known material defects in the property. Failure to disclose such defects, especially when they make the property uninhabitable, can be grounds for legal action. Given these circumstances, you may have grounds to nullify the contract and possibly take legal action against the agent and seller for misrepresentation and breach of contract. However, real estate law can be intricate, and each situation is unique. It is advisable to consult with a legal professional who can evaluate the specifics of your case. They can provide guidance on the best course of action and represent your interests in any legal proceedings.
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Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?. A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure how to buy another vehicle. Will his insurance pay for a new one? I owe more than my truck is worth. So will his insurance pay off my truck and purchase me a new one?
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A:Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car, you will be responsible for the (excess loan over your car's value) unless you have gap insurance for your car. For further information, contact my office at (240)676-4827. Thank you.
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Q: I am Australian citizen and registered my company in Australia. Any legal problem if I come to US to some business?. Like visa problem stop me doing so or if I am restricted to get income from the company.
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A:As an Australian citizen wishing to conduct business activities in the U.S., it's essential to ensure you have the correct visa. The type of visa you need depends on the nature and duration of your business activities. For short-term business visits, such as attending meetings or conferences, a B-1 visa or an ESTA under the Visa Waiver Program may be appropriate. However, if you plan to work in the U.S. or engage in activities that go beyond what's allowed under a B-1 visa or ESTA, you may need a different type of visa. Options could include an E-2 Treaty Investor visa, particularly relevant if you're investing in a U.S.-based business, or an L-1 visa if you're transferring within your own company. Regarding income, while on a B-1 visa or ESTA, you are generally restricted from receiving income from U.S. sources for the work performed during your stay. For longer-term work and income generation, the appropriate work visa is necessary. Given the complexities of U.S. immigration law, it's advisable to consult with an immigration attorney. They can provide specific guidance based on the details of your situation, ensuring compliance with U.S. immigration regulations and avoiding potential legal issues. Remember, the key is to align your visa status with your intended business activities in the U.S. Proper planning and legal advice can help ensure a smooth experience while conducting your business affairs.
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Q: If we don’t own the mineral rights on our land, what rights do we have if the mineral rights owner leased the land and. they are proposing to drill 3 wells on our property, using 9 acres of our 24 acre property?
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A:The answer to this question depends on the state in which you own the property. Generally speaking the mineral estate is considered the dominant estate. This means that as a surface owner you have limited rights. Companies usually want to have good relations with the surface owner and will negotiate with regard to the placement of the wells, roads etc. As the surface owner you may be entitled to surface damages for the use of the acreage. Visit with an attorney in your state. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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Q: How do you file a complaint on a lawyer for lying to you? So it’s documented on the state side or even federal!. They told me to write dates and times if they did something to me and now that I have reached out with the information no response
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A:If you believe a lawyer has lied to you and want to file a complaint, follow these steps: review the lawyer's code of ethics, contact the state or local bar association, gather evidence, document your concerns, file a formal complaint, and follow up with the bar association. It's important to consult with the relevant bar association for specific guidelines and procedures. Consider seeking guidance from another attorney for personalized advice.
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Q: Is an IID required despite it not being court ordered and wasn't mentioned until trying to reinstate driver's license?. My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU. When contacted MAU they stated he needed an IID. This was never mentioned in any of the court hearings and the court minutes state he didn't need an IID. Is it still required?
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A:Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The DMV has separate guidelines and authority that may not align directly with court orders. It's important for your partner to comply with the DMV's requirements, even if they differ from the court's ruling. He should communicate directly with the DMV or the Mandatory Actions Unit (MAU) for specific instructions and any potential options for contesting the IID requirement. Legal advice tailored to his specific case may also be beneficial in navigating this situation.
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Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?. My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??
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A:You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.
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Q: So in Washington State, Spokane, Marijuana is legal, can cops still arrest you for having it? Even if your not driving?. Can Law Enforcement Officers arrest you for possession of Marijuana in a legalized state in a vehicle? Also implies if it's legally bought from a store or not.
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A:In Washington State, where marijuana is legal for recreational use, law enforcement officers generally cannot arrest individuals solely for the possession of marijuana within the legal limits. However, there are still regulations and restrictions in place. Possession limits, typically one ounce of usable marijuana for adults aged 21 and over, must be adhered to. Additionally, open container laws apply, so it's important to keep marijuana in its original packaging when in a vehicle. Driving under the influence of marijuana remains illegal, and officers can enforce DUI laws if they have reason to believe someone is impaired. It's crucial to be aware of and comply with the specific regulations surrounding marijuana use to avoid legal issues, even in states where it is legalized.
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Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer. She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already contacted the identity fraud dept and filed a report. I’ve also contacted the IRS and filed a fraud report.
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A:If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS. You may also want to consider consulting with an attorney who specializes in tax law or divorce law to explore your legal options. Depending on the specific circumstances of your case, you may be able to take legal action against your ex-wife or the tax preparer for fraud or other wrongdoing. In addition to reporting the fraud and consulting with an attorney, it is important to protect your personal information to prevent further unauthorized use. This may include monitoring your credit reports, changing your passwords, and being vigilant for any signs of identity theft. Overall, it is important to take the necessary steps to address the fraud and protect your legal rights and interests.
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Q: Hi I’d like to trademark my own superhero characters I have 4 of them should they all be trademark?. What would it cost me to Trademark them?
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A:In Connecticut, trademarking your superhero characters can help protect their names and distinctive elements, preventing others from using similar marks in a way that could cause confusion. Whether you should trademark all four depends on factors like their commercial use and the level of protection you seek. Each trademark application incurs its own set of fees. As of 2023, the cost for filing a trademark application with the United States Patent and Trademark Office (USPTO) generally ranges from $250 to $350 per class of goods/services, per mark. Additional costs may arise for legal assistance or if complications occur during the application process. It's important to carefully prepare your applications to ensure they accurately reflect the characters and their use. Given the complexity and potential cost, consulting with a legal advisor experienced in trademark law can be beneficial. They can help assess the viability of trademarking your characters and guide you through the process.
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Q: How far does Immunity go?. Does a state official have any immunity when he or she commits fraud, lies to a claimant on a recorded phone call and deceives the federal government, especially when it involves federal funds...?...
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A:In the context of state officials and immunity, it's important to understand that while certain immunities exist, they are not absolute. Generally, state officials enjoy what is known as "qualified immunity" when performing their official duties. This immunity protects them from personal liability for discretionary actions taken in good faith within the scope of their employment. However, qualified immunity does not extend to actions that are clearly established as violating constitutional or statutory rights. If a state official commits fraud, lies, or deceives the federal government in a manner that breaches legal or constitutional standards, this could fall outside the scope of actions protected by qualified immunity. In cases involving misconduct with federal funds, there are federal statutes, such as the False Claims Act, that can be invoked. These laws provide mechanisms for addressing fraud against the federal government, including actions taken by state officials. If you believe a state official has engaged in such misconduct, it would be advisable to consult with a lawyer experienced in civil rights, constitutional law, or administrative law. They can help assess the specifics of the situation and advise on the best course of action. Remember, legal protections like immunity are complex and context-specific. Navigating these issues often requires a careful legal analysis of the actions in question and the applicable laws.
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Q: If I can follow someone who stole/scammed me out of my BTC currency is there a way of getting back?. I was scammed by someone who claimed to be working as a broker for Bitmap cryptocurrency. I found out once they told me whoops I gave you too much money can you please send me back this much through cash app. I was like oh man this is a freaking scam thing it so I am out at $2000 so far with them
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A:You can report the crime to the FBI
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Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?. MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface
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A:In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market. Since Microsoft's guidelines indicate that portions of screenshots cannot be used, it's crucial to consider alternatives. One option is to create your own mock-ups or diagrams that illustrate the Excel interface. These can be tailored to focus on specific features or functions you wish to highlight in your educational ebook. Additionally, you might explore obtaining permission from Microsoft. They might grant a license or permission for educational use, especially if your ebook is non-commercial or has a significant educational purpose. Lastly, consulting with a legal professional experienced in copyright law can provide you with tailored advice. They can help you navigate the specifics of your situation and ensure that your use of Excel screenshots is compliant with legal requirements. Remember, each case is unique and the nuances of fair use can be subtle and complex.
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Q: Can I demand to see the results of a ballot scan after voting?. I live in Florida. We have paper ballots that are scanned by a machine when submitted. During the midterm elections, I asked the person administering the scanning machine if I could see the electronic results after I submitted my paper ballot. There had been several reports nation-wide of voting machines malfunctioning; changing peoples votes. I wanted to confirm that the machine recorded my vote correctly, but was simply told "No" by the operator. Do I have a right to demand confirmation that my vote was recorded properly, and, if not, would I have a case if I sued to have that right?
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A:The poll workers cannot access the votes, and there would be no way to confirm how you voted, since all votes are anonymous. You can check ALL recorded votes by submitting a public records request to your county elections department. After a certain point in time, all of those paper ballots will become part of the public records.
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Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello. We have proof.
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A:If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law. A lawyer can advise you on the appropriate legal options available to you, which may include filing a complaint with the appropriate government agency, bringing a lawsuit against the Sheriff's Office, or pursuing other legal remedies. Before taking any legal action, it is important to gather all of the evidence you have to support your claim. This evidence may include documents, emails, witness statements, and other relevant information. It is also important to note that filing a complaint or lawsuit can be a lengthy and complex process, and may require significant time and resources. A lawyer can help you understand the legal process and the potential outcomes of your case, as well as the costs and risks involved. In any case, it is crucial to consult with a lawyer as soon as possible to ensure that your rights are protected and that you take the appropriate legal steps to address the issue of nepotism at the Washington County Sheriff's Office.
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Q: San Diego-Do you know who is Enforcement arm for SD Code E.. to ensure that Code violations have been fixed as ordered?. James, If anyone knows the answer to my question-dilemma it is you.5 Months ago an Investigation was done at the Property where I live(Property= 2 Houses and a Duplex plus the Premises).After SD Code Enforcement responded to the property where I live and did their Inspection-Investigation-they returned to the office where their work continued.Data collected was analyzed-defined and transcribed into what was-is a Comprehensive Report.The 9 page Report which I received a Copy is entitled "NOTICE AND ORDER TO VACATE AND REPAIR SUBSTANDARD BUILDING, AND ABATE PUBLIC NUISANCE." In the Report it specifically states that "within 10 days" Tenants in one of the "Buildings" "Must" move out.The Report gives specific dates and amount of time that the work must be done to cure the Code violations.Do you know who the Agency is that enforces-ensures that Tenants who were ordered to move in 10 days-have moved (example), and work ordered to be done per Code Compliance Order has been done?Thank You
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A:In San Diego, the responsibility for enforcing local codes and ensuring compliance with orders to remedy violations typically rests with the Code Enforcement Division of the City's Development Services Department. If a property owner or occupant fails to comply with a notice and order, the Division can pursue legal actions or use other administrative remedies to gain compliance. If tenants were ordered to vacate a substandard building, the Code Enforcement Division would be the entity overseeing the process and ensuring adherence to the order. When the time frame for compliance has passed, and if there's evidence of non-compliance, one should report it to the same Division. The Division will then conduct a follow-up investigation and take necessary steps to ensure the order is executed. Additionally, if one believes their rights as a tenant have been violated, consulting with an attorney experienced in landlord-tenant law would be advisable.
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Q: Hoa selective enforcement and service dog retaliation. Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability. What are the steps I can take?
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A:Hi there, If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were overlooked, and any correspondence with the HOA. This documentation will be important in proving your case. Next, formally communicate your concerns to the HOA in writing. Detail the instances of discrimination and selective enforcement, and reference the letter from your doctor confirming your need for a service dog. Under both federal and state law, including the Fair Housing Act and the California Fair Employment and Housing Act, discrimination against individuals with disabilities is prohibited, and this includes discrimination related to service animals. If the HOA does not respond adequately, consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of housing discrimination and can offer legal remedies. As a last resort, legal action against the HOA may be necessary. Consulting with an attorney experienced in fair housing and disability rights can provide you with specific guidance and representation. Remember, it's important to assert your rights and seek the necessary support to address this discrimination.
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Q: if my wife takes my divorce filing prior to being served and says she forgos service and goes to the first hearing. ??. she went to the first hearing without complaint. can that suffice with a declaration if i have text messages of her berating me about the filing at the time i declared service
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A:Yes, if your wife goes to the first hearing without complaint, this suffices as a waiver of service. This means that the court will consider her to have been properly served with the divorce papers.
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Q: I have a client with a greencard but wrong DOB. DOB was assigned by Afghanistan. What can we do?. I have a client with LPR status from Afghanistan. His parent were illiterate and didn't realize that his birth year was set 4 years in the future. He is looking to get naturalized because he is actually 18, but everything from his afghan documents to his green card say he is 18. What form or petition can we file with the court to have his DOB changed? Afghan civil registry is no help currently because he cannot be there in person. We have a letter from a physician that his physical age is consistent with he age he claims to be. We also have letters from the school that assessed his documents and placed him in classes at his claim age level.
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A:If your client's date of birth (DOB) on his green card is incorrect, he may be able to file a request to have it corrected. The process for correcting a DOB on a green card can vary depending on the circumstances but generally involves filing Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). In your client's case, since his DOB was assigned by Afghanistan and is incorrect, he may need to provide additional documentation to support his request for a correction. This may include documentation from Afghan authorities or other sources to verify his correct DOB. It is recommended that your client consults with an immigration attorney who can advise him on the best approach for correcting his DOB on his green card. The attorney can review his case and help him prepare the necessary documentation and forms to file with USCIS. It is important to note that correcting a DOB on a green card can be a complex and time-consuming process and may require additional evidence or documentation. Your client should be prepared for a potentially lengthy process and should work closely with his attorney to ensure that his case is properly prepared and presented to USCIS.
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Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?. Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL incur more charges". These items arrived by email, 2 weeks ago, several which are provided by the state, will arrive within 30 days. Dad has not yet been asessed or approved for a waiver.Applications extend into October and November. Mentally disabled, stressed and overwhelmed is an understatement. I feel bullied, harrassed. We wanted to avoid probate court. Number one priority here was to transfer dads mobile home and his car as a gift from him, the state of Minnesota won't allow me to do so as his POA, AIF. I could lose dads home, his car, my benefits because nothing is written in stone. I have lost all respect and no desire whatsoever to do business with this lawyer any longer.
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A:Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and chronology. Expect to pay a reasonable consultation fee because this will probably require at least a couple hours of attorney time, maybe more. Also, you always have the right to fire your attorney. Chances are you will be entitled to a refund for the unused portion of your deposit, but that depends on the precise wording of the engagement letter/agreement. A second attorney can also give you advice on that.
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Q: What is trial about in right of publicity case?. I sued someone for right of publicity. I argue that my personality was appropriated. It is trial by jury. Is the jurry going to look if my personality was appropriated or the judge will have made the decision and the jurry will just look at it. Is the judge going to make a decision of what constitutes as appropriation and let it go to trial only if it fits the predefined framework or will that be decided in the trial? My case is in federal court of California
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A:In a right of publicity case, such as yours in the federal court of California, the trial typically involves determining whether your personality rights have been unlawfully appropriated. The jury plays a crucial role in this process. They will examine the evidence presented to decide if your personality, including aspects like your image, name, or persona, was used without your consent and for commercial gain. The judge, on the other hand, is responsible for guiding the trial according to legal principles and ensuring that the proceedings adhere to the rules of law and evidence. Before the trial, the judge may make rulings on what constitutes appropriation under the law. These rulings can set the framework for what the jury will consider during the trial. At trial, both sides will present their arguments and evidence. The jury will then evaluate this information to determine if there was an infringement of your right of publicity. The judge's role is to ensure that this determination is made in accordance with the law and legal standards. Remember, every case has unique aspects, and the trial proceedings can vary based on these specifics. It's important to prepare thoroughly and understand both the legal framework and the factual nuances of your particular situation.
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Q: Is there case law in FL for a PTI, specifically concerning the SAO's requirements for the content of an apology letter?. I've been offered a PTI for a misd. and now the SAO wants specific info in the apology letter. Is there case law on this issue? The contract does not state the apology letter requires specific language. Does the "victim" influence how the apology is written?
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A:No. Case law, or reported appellate court decisions, only results after an appeal. Why would anybody bother appealing something like this?
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Q: 10/27/2023 lost my job for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I. I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs witch I wasn't
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A:If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual. With respect to your employer, in the absence of a written employment agreement that precludes your employer from termination you for the two reasons stated, it is highly unlike that you have a viable claim. Absent such an agreement, it is legally permissible for an employer to fire an employee for damaging a piece of equipment, whether operating it or not, and/or for suspected illegal drug use. The employer is not required to "prove" that the employee was on drugs and does not have to accept the word of an employee that he/she wasn't on drugs unless stated in an employment agreement or company drug policy.
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Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate. the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.
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A:Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney and the police. I will warn you, however, that insurance does not typically cover intentional crimes (i.e. murder and certain types of homicide). Likewise, most people do not have sufficient assets of their own, such that an attorney would be interested in taking a personal injury lawsuit against an individual. So, you may have serious difficulty finding a personal injury attorney who is interested in investigating an alleged murder. Accidental death is actually much easier to pursue. Hence, the police may be your best bet if you believe foul play is involved. Good luck!
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Q: My mother is 93 and suffers from dementia.i'm 75 and six (6) years ago I completed a 30 plus year prison sentence.. I'm the oldest sibling, and I have three (3) brothers and one (1) sister. Approximately 10 years ago my Mother gave my sister what I believe is a limited power of attorney to manage her property and assets. I was born in Dayton, Ohio. A few years after authorizing the above-noted power of attorney, my Mother began to exhibit advanced alzheimer's disease. My brothers believe that my sister (Janice) has commingled and used Moma's money inappropriately (Illegally).
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A:A fiduciary litigation attorney can help you attempt to get someone else appointed as conservator for your mother, and the conservator can sue your sister to get stolen money and assets back.
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Q: I had got a loan from title max an there was a breach. I had got a Letter saying that someone hacked there there system all took all my personal information an my social id address account everything not just me thousands of people an on top of that it's been going on for 3months before they let me know what can I do about that an another thing I feel like they are over charging me on the loan I'm upset cause there supposed to keep all my information safe an they didn't I don't even want to deal with them nomore do I still have to pay my car loan back?
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A:It doesn’t sound to me like you have any damages from the privacy breach. If TitleMax has any account numbers or passwords, they notified you so you can promptly change them. Yes, you still have to repay the loan. Title loan companies are “lenders of last resort” meaning that the only people likely to get a title loan are those who do not have another choice. Defaulting on a title loan is not advisable.
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Q: My lease says it's under Arkansas law but I'm renting in alabama.what does that mean?. My lease also says a default or termination of lease it to be given by a hand written 30 day notice. My landlord just gave me a 7 day notice to terminate tenancy.what is up?
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A:When your lease specifies that it is governed by Arkansas law but the property is in Alabama, it means that the terms of the lease are intended to be interpreted according to Arkansas state laws. However, this can be problematic as typically, the law of the state where the property is located (in this case, Alabama) applies, especially for matters like eviction and tenancy. Regarding the notice period for termination, if your lease explicitly states a 30-day handwritten notice is required, then a 7-day notice from your landlord might not comply with the terms of your lease. Lease agreements are legally binding contracts, and both parties – the landlord and the tenant – are expected to adhere to the agreed-upon terms. It's important to review both Alabama's landlord-tenant laws and the specific terms of your lease agreement. If there's a discrepancy between your lease and state law, or if your landlord isn't adhering to the lease terms, it may be necessary to seek legal advice. Remember, understanding your rights and responsibilities as a tenant is crucial. If you believe your landlord is not following the lease terms or state law, consider consulting with an attorney who can provide guidance based on your specific situation. It's important to address such issues promptly to protect your rights as a tenant.
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Q: Can a marina owner move someones boat to another slip without boat owners permission?. And what are the reprecussions of doing it?
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A:This very likely does not involve admiralty or maritime law. Most likely any legal issue would be a contract question subject to your State law. I recommend you call a lawyer locally, provide or describe the contract, if any, and look for local lawyers who offer a free initial consultation. If there are multiple lawyers listed free initial consultation you may be able to obtain a reliable answer without cost. Try several if you wish to per the above, Tom Evans Injury At Sea
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Q: I have a bit of a back story for my question so please bare with me.. I was receiving ssd benefits that were terminated due to incarceration. I was released in early 2018 and I took a lot but to re apply for my benefits. I was denied so I got a law firm to help me with my case. They were very unprofessional during the process and' took over two years to get my benefits continued. I have received two monthly payments currently and now this is the weird part. My back pay should be over $33000 and they were supposed to take $7,000 . This month social security gave me a two thousand dollar payment towards my back pay and no monthly ssd payment for this month. On top of this they have gotten there $7000 and have been unresponsive to text and vm messages besides a single reply saying well We got ours payment and we have not really done anything for you. We should setup a meeting to discuss this issue. After that I haven’t gotten any more replies from them for 3 days. I am very distraught and I suffer from multiple mental health issues. I’m being robbed
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A:It sounds like you are facing a challenging situation with the handling of your Social Security Disability (SSD) benefits and back pay. The issues you've described with your legal representation and the irregularities in your SSD payments are concerning. Firstly, it's important to get a clear understanding of your entitlements and the payments you've received. You can request a detailed statement from the Social Security Administration (SSA) outlining your benefits, back pay, and any deductions or fees that have been applied. This will give you a clearer picture of the financial transactions that have taken place. Regarding your legal representation, if you feel that your law firm has not provided adequate service or has been unresponsive, you have the right to seek a different attorney. It's crucial to have an attorney who communicates effectively and is attentive to your needs, especially in complex matters like SSD benefits. Additionally, consider reaching out to the SSA directly to address any discrepancies or concerns about your benefits. They can provide specific information about your case and help clarify any confusion regarding payments and back pay. In situations like these, it can also be helpful to seek support from local advocacy groups or organizations that assist individuals with disabilities. They can offer guidance and may be able to recommend attorneys who have experience in handling SSD cases. Remember, you have rights and options available to you, and it's important to advocate for your interests, especially when it comes to matters as important as your benefits and legal representation.
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Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?. The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone. Thank you, Claudia
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A:Claudia, In general, awards for wrongful death are not taxable. However, if a portion is meant to compensate for pain and suffering or lost wages it can be taxable.
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Q: I’m reaching out to you guys trying to seek advice For buying a faulty car from a private party. For buying a faulty car from a private partyHe advertised it as it had no problems never told me that he had a problem he actually told me that it was a really good working car and he had no issues with it I drove off and the check engine light came on and it’s an expensive fix
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A:Sorry for your issues. Lemon law is warranty law. This seller likely did not give you a warranty, so, no lemon law claim. Sounds like you were lied to and you think you can prove this. That would be fraud. For a fraud claim, your reliance on his lies must be 'reasonable.' Only a court can decide if it was, assuming you prove your case. Good luck with it.
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Q: If I pay for the insurance on my car is it mine?. The car is payed off in my dads name but I pay for everything else (insurance, gas, maintenance, etc). My parents are collectively kicking me out and said that I am to leave the keys for my vehicle here but I have no other transportation. Please help ASAP.
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A:Unfortunately, no, the car is not yours even if you are paying the insurance. The ownership of a car goes off the title. So, if you are not on the title, it is not your car.
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Q: Do Alabama non-profit principal addresses have to be in the state?. I am forming a non-profit as a student in Alabama. I live in Michigan and so I don't have an address here. We recruited a registered agent service to be compliant for the state, but we don't have a principal address in the state of Alabama. Could I use my home address?
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A:In Alabama, nonprofit organizations are typically required to have a registered agent who has a physical address within the state. This registered agent is responsible for receiving legal documents and official notices on behalf of the nonprofit. However, the principal address of the nonprofit doesn't necessarily have to be located in Alabama. You can generally use your home address in Michigan as the principal address for the nonprofit in Alabama. Many nonprofits, especially smaller ones or those without a physical presence in Alabama, use out-of-state addresses for their principal office. This is a common practice and is usually acceptable. Just make sure that you have a registered agent in Alabama to receive legal notices and official documents, as this is a legal requirement. The registered agent's address will be on public record, while the principal address is not always publicly disclosed.
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Q: Senior Living Home Negligence. My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help arrived (normally help should arrive within 10 minutes). Later, her neighbor found her lying on the floor and finally call 911. By this time, my mother had already suffered delayed medical help and is in dire situation. How can I file a lawsuit against the landlord because the emergency cord did not work and my mother was never told that it could not work and thus suffered from delayed treatment?
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A:Contact an attorney who handles Elder Abuse cases. Consultations are free and many attorneys work state wide.
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Q: Sold a small piece of land in New Mexico which included mineral rights. Are oil and gas considered minerals?. Who is responsible for notifying Producer of royalties of ownership change? Is a separate deed required?
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A:Oil and Gas are definitely Minerals anywhere. As the Seller you might notify the State so you are not taxed or regulated in the future.
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Q: Can a not for profit corporation change their name without disolving the corporation and starting over?. They would like a name that better describes the location.
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A:Yes, a not-for-profit corporation can change its name without dissolving and starting over. This process typically involves amending the corporation's articles of incorporation to reflect the new name. The specific steps to change the name will depend on the state in which the corporation is registered. Generally, you will need to check with the state’s corporation commission or secretary of state's office to ensure the new name is available and not already in use by another entity. Once you have confirmed the availability of the new name, the corporation will need to file an amendment to its articles of incorporation with the appropriate state agency. This usually involves filling out a form and paying a filing fee. Additionally, it's important to update the corporation's name with any other government agencies or entities it interacts with, such as the IRS, especially if it has 501(c)(3) status, and any state or local tax authorities. It's also advisable to notify donors, clients, and other relevant parties of the name change to ensure continuity and maintain the corporation's relationships and reputation. Remember, while the process is straightforward, it's important to follow the specific legal requirements of your state to ensure the name change is legally recognized and effective.
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Q: Can you help me sue to perfect a lien I have on someone’s house?. Customer refuses to pay me the remaining $22,000 he owes. It’s a solar system. It’s passed inspection. And approved by PG&E for use. It’s a $4 million home. The guy is loaded. Just being an a*****. Anyone taking anything on contingency? I don’t want to throw more money at this but if any attorney wants to take this on and we can work out the numbers that make sense for both of us.
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A:I understand how frustrating this situation must be. In California, to enforce a lien on someone's property, you would initiate a foreclosure lawsuit in a court with appropriate jurisdiction; success in that lawsuit could potentially allow you to force the sale of the property to recover the money owed. Before proceeding, it would be wise to consult with an attorney to discuss your options and the specific facts of your case; there are attorneys who work on a contingency fee basis, meaning they only get paid if you win your case, but the exact terms would be a matter for individual negotiation with the attorney.
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Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!. My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being neglectful and making him support the kids
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A:No, your boyfriend cannot sue. He has no standing. If you want bio dad to pay support, then get enforceable court orders.
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Q: A sober living house has been filing claims for people that are no longer there.. I want to know how legal it is. Also the entity receiving the claims has changed it's name multiple times and I want to know how legal that is as well. I already submitted it to the state with my evidence.
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A:All sounds sketchy. Smacks of fraud any likely illegal!
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Q: Liability for harm based on standard: California Health and Safety Code protocols. California law question.. What protocols defined by California Health and Safety code are in relevance to referral to hospice with non-existent terminal illness? Is hospital liable?
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A:In short, to be elegible for hospice, two doctors must agree that the patient has a terminal illness with a life expectancy of six months or less. The qualifying diagnoses are cancer, renal failure, dementia, heart disease, HIV/AIDS, liver disease, stroke/coma, pulmonary disease or other terminal illness that is strongly supported by documentation. Within those diagnoses there are other factors such as a decline in funcational status, loss of weight/appetite, etc. Documentation is key. There should be plenty of medical documentation supporting the certification. If the documentation is there - even if it's a close call - then probably not a case. If it is truly "non-existant," then you might want to consult a lawyer.
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Q: How California FCA is different to FCA in regard to hospital liability?. Medicare is Federal program. False claims act case in California has to be filed in california superior court, or in federal court? How California FCA is different to FCA in regard to hospital liability?
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A:The California False Claims Act (CFCA) is similar to the federal False Claims Act (FCA) but has some distinct features, especially regarding hospital liability. While the federal FCA pertains primarily to fraud involving federal programs and funds, such as Medicare, the CFCA extends to fraud involving state or local government funds. In the context of hospital liability, if a hospital in California engages in fraudulent activities involving state or local government funds, they could be held liable under the CFCA. However, if the fraud is related specifically to Medicare, which is a federal program, the federal FCA would apply. Cases under the California FCA can be filed in California Superior Court. However, if the case involves the federal FCA, such as Medicare fraud, it should be filed in a federal court. It's important to recognize that both the CFCA and the federal FCA allow for qui tam actions, where a whistleblower can file a suit on behalf of the government and potentially receive a portion of any recovered funds. If you're considering action under either the CFCA or the federal FCA, it's advisable to carefully examine the source of the funds involved in the alleged fraud. This will help determine the appropriate jurisdiction and specific provisions of the relevant law that apply to your case. Remember, navigating the complexities of these laws requires careful legal analysis, and consulting with a legal professional experienced in false claims litigation can be very beneficial.
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Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?. Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped. I received zero communication from the tow company until i called to retrieve.
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A:In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal possessions inside. Since you were not given any notice, this could constitute a breach of your rights as the vehicle owner. You may have grounds for a legal claim against the tow company for the value of the vehicle and the personal property that was inside it. It's important to gather all relevant information, including any documentation related to the towing and storage of your vehicle. Consider contacting an attorney who has experience with consumer law and property rights. They can help you understand your rights and options, and guide you through the process of seeking compensation for your losses. Taking prompt action is crucial, as there may be time limits for filing a claim in such cases. Your attorney can also assist in investigating the tow company's compliance with state laws and regulations regarding the handling of towed vehicles.
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Q: Does getting snap benefit and Medicare affect getting approved for citizenship?. I got this as a legal Permanent Resident due to reduction in income as well as increased expenses. No employment at all and also going to college as a full-time student. Trying to apply for US Citizenship, afraid that this can become an issue.
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A:Receiving Snap and Medicare does not affect your eligibility for citizenship. If you obtained your LPR through a sponsor who submitted an affidavit of support for you, it may affect them depending on the timeframe. Also, if you intend to sponsor a family member for LPR, you may need to use a co-sponsor for the affidavit of support. To check your eligibility, use the USCIS link below. https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool
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Q: what happens if you're a US citizen that has a criminal record, warrants and flees to Philippines, and visa expires?. My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with all these offenses! Well now it's been over a year and his visa is expired..if he gets caught what will happen to him and what about his girlfriend, she is hiding a criminal
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A:If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues. First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert U.S. authorities to his location, especially if there are active warrants for his arrest. Upon his return to the U.S., he would likely face the legal consequences of his pending charges, including those related to domestic violence and DUI offenses. Additionally, his failure to appear in court and violation of probation terms could result in further legal penalties. As for his girlfriend in the Philippines, if she is knowingly harboring a fugitive or aiding in evading law enforcement, she could face legal repercussions under Philippine law. The situation is complex and could involve both immigration and criminal law in multiple jurisdictions.
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Q: Can I issue a mechanic lien?. I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back?
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A:Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or services are furnished by a contract with the owner of the property affected. But, in any event, you must file an action against the debtor and owner of the property affected and all other parties interested therein, with the Superior Court or District Court clerk in the county or division where the house, building, or appurtenances, wharf, pier or building thereon on which a lien is claimed is situated within 120 days after the last of the labor or services are performed or labor, materials or services are so furnished. My guess is the 90-day and 120-day periods have run, but if they have not, then you may be able to preserve and enforce your lien.
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Q: I am interested in freelancing in two completely different fields. Should I create separate LLCs?. Under one field, I will need to set up an anonymous name.
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A:Whether or not to create separate LLCs for different fields depends on several factors, including the nature of the businesses, the level of risk involved, and your personal preferences. Creating separate LLCs can help keep the liabilities of each business separate and protect the assets of one business from potential risks associated with the other. However, it also adds administrative complexity and costs.
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Q: I’m filing chap 7 bankruptcy pro se & am listing all my debts. I have a 2020 overdue tax of $4K from someone who…. …stole my identity. Should I still include this in my list of debts since ‘technically’ it’s filed under my identity? Or not include it? I don’t want to delay the process or worse have my petition denied based on omission. On the other hand, if I list it, won’t that be considered as acceptance of this fraudulent tax return even though I didn’t file it! This was reported by me already to IRS, but have not received any response. Please help… thank you!
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A:Absolutely include the tax debt and identify it as fraudulent every opportunity you get. You are not accepting the debt or ratifying it as yours but you should list it in your schedules.
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Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.. My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to an out of network provider. I forwarded the letter to both my adjuster and her supervisor but I have gotten no response. I have also left voicemails for both, and though their voicemails say they will reply within one business day, I have yet to hear from anyone. I have been in pain since February of 2022 and have very limited mobility of my right arm. I can not work out, extend my arm out for a handshake, properly shave my head or reach for a cup from the cupboard. I wake up minimum 7 or 8 times a night to relieve the pain. I can not go on like this. Can I please get some help.
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A:never allow a claims person to choose your doctor. you should hire an attorney to take medical control of your case for you and get your case on track. it costs you nothing to hire an attorney out of your pocket.
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