question
stringlengths 8
1.13k
| answer
stringlengths 6
29.2k
|
|---|---|
Q: Ins is contacting the repair company I got an estimate from after I have demanded them to not contact them, what to do?. This is the ins of the vehicle that rear ended my vehicle and they are trying to negotiate the repair shop down and have them do the work in a manor that is not to the proper course of repair and bring my vehicle back to pre-loss condition.
|
A:A Mississippi attorney could advise best, but your question remains open for two weeks. It's not uncommon for insurance carriers to be in contact the collision shop. The property damage adjuster could be interested in seeing the damage up close. Good luck
|
Q: Hi.We added my name to a deed for my SSI cousin.The quitclaim deed had my cousins last name wrong, and my address wrong.. I am in a different state(CA) than my cousin (NM). We need to cancel the deed. Does this deed (certified by the court clerk) endanger her SSI?
|
A:Correcting the errors in the quitclaim deed is important for both legal accuracy and for the potential impact on your cousin's Supplemental Security Income (SSI) benefits. Errors in a deed, such as incorrect names and addresses, can affect its validity and may complicate property ownership records. Regarding your cousin's SSI benefits, the ownership of additional property could potentially affect eligibility. SSI is a needs-based program, and owning additional property may be considered an asset that could impact her benefit eligibility. However, the specific impact would depend on a variety of factors, including the value of the property and how it's used. To address these issues, it's advisable to consult with an attorney who is knowledgeable in real estate law and familiar with the SSI program. They can assist in correcting the deed and advise on the implications for your cousin's SSI benefits. It's also a good idea to contact the Social Security Administration directly to understand how a change in property ownership might affect your cousin's SSI eligibility. They can provide guidance tailored to her specific situation.
|
Q: Why are there two counts on my PA Divorce Papers?. I, the Defendant in this, have two Counts from my soon-to-be Ex-Wife's lawyer regarding Divorce. Count I: DIVORCE UNDER SECTION 3301(c) OR (d) OF THE DIVORCE CODE Count II: DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE I know the code. I keep reading it, but we were supposed to go No-Fault and avoid court and this seems the opposite. Am I basically being told to accept all blame and sign the papers? What is the point of two counts?
|
A:The 3301(a)(6) grounds were probably included in case you weren't agreeable to signing for a no fault divorce. In PA, you're allowed to included seemingly conflicting grounds in your requests for divorce in the complaint. It's perfectly acceptable to then ultimately proceed under one of the two.
|
Q: I am having issues with my apartment and management says fixed but not works good after they left. I want to end lease. I moved to a apartment in June Since day one I always had problems with the apartment. The A/C unit was not working it was heating instead of cooling and the temperature was always above 85 degrees in the apartment. I have put in a request manys times, called them multiple times. The service guys would come and say it’s fixed now. But after they left, it still the same, issue was never resolved until a today when I asked to cancel the lease. Now they are saying as the a/c unit is fixed, they can’t cancel the lease Apart from this the fridge was not working aswell after raisingcomplaints many days back they came to fix it, said they need to replace fridge, provided a temporary fix and left It was not working properly after that Same as the a/c unit they send a guy today to replace fridge after we asked to cancel the lease we didn’t realise the food was spoilt and we were eating the same The management said they won’t compensate in any way and won’t end the lease what are my options here
|
A:First: Keep records and pictures of all problems and broken items, and other losses, as you may need proof in court one day. If you were my client, I would send your LL a lease termination letter listing all problems and breaches of the lease by LL. I would then make sure you have a new apartment to move into prior to ending the current lease. As long as you can show proof of LL breach of lease, and your Notice of the same, you should be on solid ground to terminate the lease. Good Luck!
|
Q: Is a half sibling by mother onsidered when a move away request is filed?. The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?
|
A:In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings. In the scenario you described, the court may indeed consider the relationship between the two boys and their half-sibling. The importance of maintaining sibling relationships is generally recognized in family law, and the potential emotional and developmental impact of separating siblings can be a relevant factor in the court's decision. However, each case is unique, and the court's decision will depend on a variety of factors, including the reasons for the move, the distance involved, the quality of the children's relationship with each parent, and the feasibility of maintaining strong familial relationships after the move. It's advisable to consult with an attorney who can provide specific guidance based on the details of your situation. An attorney can help present your case effectively, emphasizing factors like sibling relationships and the best interests of the children. Remember, the goal in these situations is to ensure that the children's welfare and emotional well-being are prioritized. Legal counsel can help navigate this complex and sensitive process.
|
Q: If I'm an employee at a comp. that I own and I have a car accident driving home, can my company be held liable in Ca.. The car is registered to me. I visited my last patient and was headed home for the day.
|
A:In California, the legal concept of "respondeat superior" applies, which means an employer can be held liable for the actions of employees performed within the scope of their employment. However, commuting to and from work typically does not fall under this scope, as it's usually considered personal time. In your case, since the car accident occurred while you were driving home from visiting a patient, a key factor would be determining whether you were still performing duties related to your employment at the time of the accident. If you were on call or performing a task for your company, there could be a possibility for liability. Conversely, if you had completed your workday and were simply commuting home, it is less likely that your company would be held liable. It's also important to note that being an owner of the company adds complexity to the situation. The specifics of your role and the nature of your work activities at the time of the accident would be critical in assessing liability. Given these complexities, it would be advisable to consult with an attorney who has expertise in personal injury and employment law in California. They can provide a more detailed analysis based on the specific facts of your case.
|
Q: Can your SSA number be used in any part of the USA State federal coding system? County codes?. This would include birth certificate # address and phone number.
|
A:I have no understanding as to what you are asking
|
Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost.. There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost more than the other two each one of them's price different with the same amount of pills, same ingredients and amount of ingredients.Is that legal? I even asked the pharmacist at Walmart and they confirmed that it's exact same ingredients just different labels on it I said no it's not just the labels it's the price too .I was just curious to know if they can do this kind of stuff that's crazy . Some one should do something about that it's deceptive advertising to make you spend more money it doesn't make any sense why they're allowed to do that somebody ought to stop that it's the same brand it's not generic same name brand.
|
A:It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not misleadingly marketed or misrepresented, it is generally legal for companies to set different prices for similar products. However, if you believe that the company is engaging in deceptive advertising or fraudulent practices, you may want to report it to the relevant consumer protection agency in your area.
|
Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore.. I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to me (about a year ago), he said he is working on getting the house ready to sell. I believe it takes some time to sell, but ghosting me is not a good sign. Is suing an option?
|
A:Apparently you have taken a risk without much investigation. It would probably be a lawsuit in Canada, but you will have to read your contract. There may not be a breach as of yet from your statments. In any event, you need to look closely at your defendant target. He may be judgment proof. If a suit is needed then you will need a Canadian attorney.
|
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?. I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my friends had children, he would call in false allegations to child protective services. He has chased me, on icy roads AND with children in the car, from a McDonald's back to where I was staying...as I rushed to get the children inside, he fired a gun at the car I had been driving. Last August, I and a friend of mine rented an RV from a friend of a friend. The last night we were there, my ex attacked me with a knife. I ended up in ICU for almost 2 months, and had 2 blood transfusions because of acute blood poisoning due to the knife having been rusty. He has a warrant, but he STILL harasses me. I returned to the home we co-own, that he had nearly destroyed, then abandoned just to stalk me.
|
A:It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other words, if two or more people own a piece of property together, they can seek a court order to divide that property into separate ownership shares. Find an attorney who practices real estate law in the county where the home you described is located.
|
Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home. The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer
|
A:If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was personally served, you were properly served. If the Summons and Complaint were served by certified mail or FedEx, there is an Affidavit of Service in the court file which should have a signature card attached or at least proof of where the summons and complaint were delivered. If they were delivered to your residential address, you were properly served. If the summons and complaint was delivered somewhere that you did not reside, you might have a chance of getting the judgment set aside - but this is difficult to do without an attorney. You should contact the creditor's attorney and explain that you were not properly served and see if they will voluntarily vacate the judgment. They will, however, expect you to pay something on the debt unless you can also prove it was not your debt. If you own you home in your name only, the judgment is already a lien on your home, behind the mortgages. Most creditors will not attempt to foreclose on the lien, they will wait until you pass and then enforce the lien upon your heirs. Your heirs will need to pay off the lien. You may want to condider getting a "reverse mortgage" to pay off the lien. Only a certified housing counselor can discuss a reverse mortgage with you. One other option is to make small payments on the judgment until it is paid off. If the attorney for the creditor insists that you pay something every signle month in an amount that you cannot afford, you can always take your payment to the Clerk of Court, who will accept any amount of payment and note the payment on the judgment docket.
|
Q: Advise Shale's insurers whether they can successfully exercise rights of subrogation against KTL and REP. Kakuru Methanol Limited agreed to sell to Shale Uganda Limited “Know-how” in connection with the design, construction and maintenance of a methanol plant in Uganda. Advise on the design and operation of the plant was provided by Kakuru Technology Limited (“KTL”) a subsidiary of Kakuru Methanol Limited. The Plant was completed in 2022. In 2023, the plant exploded. During the construction phase, Shale Uganda Limited took out an “all risks” policy under which the contractors and sub-contractors were names as co-assureds. The sub-contractors included Reko Engineering Partnership (“REP”) a firm of consulting engineers, and KTL. Shale Uganda blames KTL and REP for the explosion, suing them for negligence. Shale’s insurers paid the claim that Shale made inspect of the explosion but Shale’s insurer’s wish to exercise subrogation rights against KTL and REP. Shale contends that KTL and REP had no insurable interest although they were mentioned in the policy.
|
A:It would be helpful to see the way the policy is written. Also, it's possible this could involve laws of Uganda. Good luck
|
Q: Can a officer towed my truck without pullinge over if just needed a jump to move and it was legal and I had driv licenc. It was in tushka oklahom a by blackwood
|
A:In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different. First, it's important to determine whether your vehicle was obstructing traffic or posed any safety risks. If it didn't, and if there were no other legal issues such as outstanding warrants or expired registration, then towing might not have been justified. You should check the local ordinances of Tushka, Oklahoma, as they may have specific rules about when a vehicle can be towed. Additionally, if you believe your rights were violated, you may consider contacting a local attorney who can provide guidance based on the specific details of your situation. Remember, each case is unique, so the outcome can vary depending on the circumstances. It's always best to seek legal advice for a clearer understanding of your rights and options in such situations.
|
Q: What should I do when my adoptive parents kicked me out at 18?. Ever since my 18th birthday me and my adoptive mom havent gotten along and today she told me to leave her house. I have nowhere to go and I'm not sure what options I have.
|
A:When you turn 18, you're considered an adult in Illinois. If your adoptive parents have asked you to leave and you have nowhere to go, here are some options: - Reach out to friends or family for temporary accommodation. - Contact social services or the Department of Children and Family Services for assistance. - Look into transitional housing programs or shelters for young adults. - Seek help from a legal aid organization for advice on your rights and options.
|
Q: I am 18 and I get SSDI checks and my grandma is refusing to give me my check because I am refusing to give her money. Is it legal for her to take it ?
|
A:If you are 18 and receiving Social Security Disability Insurance (SSDI) checks, these funds are legally yours. Your grandmother does not have the right to withhold your SSDI checks, regardless of your refusal to give her money. As an adult, you have legal control over your finances, including any benefits you receive from the Social Security Administration. If someone else is controlling or withholding your benefits without your consent, this can be considered a violation of your rights. You should take steps to secure your financial independence, such as setting up a bank account in your name and arranging for direct deposit of your checks. If necessary, you might need to seek legal assistance or contact the Social Security Administration to report the situation and get guidance on how to protect your benefits.
|
Q: On a mortgage assumption, who coordinates the updating of the deed to the home? Lender or Buyer? It’s not a new mortgage. For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.” Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the mortgage and deed. If assumption is approved , how does deed get changed? The Will is being probated accordingly with an executor.
|
A:The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s). If this is a house, you should know that none of the heirs are obligated to assume the loan, but they do need to keep paying the loan. If monthly payments get behind, the lender can and will foreclose. But if the monthly payments are paid current, the lender cannot foreclose. Loan assumption is not required to achieve this result. Lenders do try to convince you that you have to assume the loan, but it's not true and it is illegal for them to claim that it is.
|
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.. He was in a bad accident who by no fault of his own.
|
A:Call experienced injury attorneys. Search using justia.com
|
Q: my dad passed away almost 5 months ago and my step mom mailed 2 forms for me to sign and have notarized.. its power of attorney and act of donation form
|
A:You should definitely consult an attorney to be sure that signing these documents serves your best interests. You will be donating something to her that is yours- so be careful! Power of attorney let’s her act on your behalf- so be extra careful and be sure that is something you want to do.
|
Q: On the Island of St. Croix USVI can a person claim a property that is not in their name, or have a deed for?. Someone has been living on my property without my consent.
|
A:Adverse Possession is very real, and that appears to be happening here. Hire a VI attorney now to obtain back possession or you might lose the property. You may have to appear in Court.
|
Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.. In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and using my name numerous times throughout the exchange). While I'm astounded that the new pt fell for it, a $500 fee (for the year lol) was collected via cashapp. Of note, the perpetrator referred the victim to me (which is how he had his name and number) though he is now ignoring the guy's calls. Also, he doesn't know that I know yet. Despite encouragement, the victim does not want to go to the police. While I am not the victim in this situation, I feel as if a crime was committed using my identity (or at least an extension of it). Would a police report filed by me be a hippa violation? In terms of hippa, wouldn't it be akin to reporting a patient who stole a prescription pad back in the day?
|
A:Have a free telephone consultation with counsel. Jack
|
Q: Aiding And Abetting The Enemy is defined in The United States Constitution, isn’t it? Where may I find it?. I would like to read the article of The United States Constitution which defines Treason and how it is punishable.
|
A:You could find it in Article III, Section 3. " ...adhering to their Enemies, giving them Aid and Comfort." Good luck
|
Q: I am disabled and on SSDI. I was wondering if I could get paid through the state as a caregiver for my autistic Step-son. I don't want to jeopardize my SSDI benefits but we desperately need the money to pay for my step-son's medical treatments that insurance does not pay for.
|
A:Certainly, I understand your concerns. In many states, there are programs that provide compensation to family members serving as caregivers for individuals with special needs. Eligibility and the specifics of these programs can vary widely by state. If you're considering becoming a paid caregiver for your step-son, it's crucial to understand how this additional income may impact your SSDI benefits. The Social Security Administration has rules regarding income limits for beneficiaries. Before making a decision, it would be wise to consult with an attorney experienced in Social Security Disability and caregiver compensation to ensure you maintain compliance with SSDI requirements. It's important to protect your benefits while seeking additional income to support your step-son's needs.
|
Q: My girlfriend ,and former co-worker,was terminated from work 3 weeks ago. now my immediate supervisor is requesting she. My girlfriend ,and former co-worker,was terminated from work 3 weeks ago. now my immediate supervisor is requesting she meet him at a motel. She notified me about his actions and when I confronted my supervisor about his actions he says" I shouldn't have called her bro" I have never missed a day Of work in my 6 months of employment but last night my work area was sabotaged and when his supervisor was advised of my supervisors actions towards my girlfriend that supervisor( my bosses boss ) said keep personal stuff and work separated.
|
A:If your supervisor is requesting to meet your girlfriend at a motel and engaging in inappropriate behavior, this is a serious issue that should be reported to human resources or other appropriate authorities. Your girlfriend may also want to consider contacting an attorney or other legal professional to understand her rights and options. Additionally, if you believe that your work area was sabotaged in retaliation for your confrontation with your supervisor, you may want to document the incident and report it to human resources or other appropriate authorities. It is important to ensure that you are not retaliated against for reporting inappropriate behavior or raising concerns about your working conditions. Overall, it is important to take any allegations of inappropriate behavior or workplace misconduct seriously and to take appropriate steps to protect yourself and your colleagues. If you are unsure of how to proceed, you may want to consider consulting with an attorney or other legal professional who can provide guidance on your rights and options.
|
Q: Can my employer hold my payroll until she is ready to release my pay to my bank?. I had called my bank and they said no deposit yet I usually get paid up to two days early with no trouble. I had called payroll and they told me they had to reach out to my employer for my pay. Is this legal?
|
A:Under California law, employers are required to pay employees on the established payday, and failure to do so can result in penalties. If your pay is being withheld without a valid legal reason, this may be a violation of the California Labor Code. Employers cannot simply hold onto your wages until they decide to release them. If your wages are being delayed, you should formally inquire in writing to your employer regarding the reason for the delay. If the issue is not resolved, you may file a wage claim with the Division of Labor Standards Enforcement (DLSE) or consult with an attorney to explore your options for recovering your wages. Remember, direct deposit timing may sometimes vary due to processing times between banks, but this should not cause significant delays beyond the designated payday.
|
Q: Does California Healthcare false claims act limited to California Medi-cal violations?. Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?)
|
A:The California False Claims Act (CFCA) is primarily focused on addressing fraud involving state funds. This includes violations related to California's Medi-Cal program, which is the state's Medicaid program, jointly funded by the state and federal government. The CFCA provides a legal framework for dealing with fraudulent claims made against state-funded healthcare programs. Medicare, on the other hand, is a federal program and is not directly covered under the CFCA. Violations involving Medicare are typically handled under the federal False Claims Act (FCA), which is designed to combat fraud involving federal funds, including Medicare. If you're dealing with a case that involves potential fraud in the Medi-Cal program, the CFCA would be the relevant statute. However, for issues related to Medicare fraud, the federal False Claims Act would be the appropriate legal avenue. It's crucial to identify the source of funding involved in any alleged healthcare fraud to determine the correct jurisdiction and applicable legal statutes. In cases where both state and federal funds are involved, the situation may become more complex, potentially involving both state and federal laws. Consulting with legal counsel experienced in healthcare law can provide guidance on the nuances of these cases and help determine the best course of action. Remember, each case is unique and must be evaluated on its own facts and circumstances.
|
Q: What happens after you sign in mediation?. I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.
|
A:You need to get an attorney to try to enforce the agreement. Although if you did not sign a fully written agreement at mediation, you may have to start over.
|
Q: What is a blind plea?. Indictment reduced from felony murder to involuntary manslaughter.
|
A:A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make a decision impose sentence. On a blind plea, the defense is giving The judge complete authority over the sentence. The judge could follow the state's recommendation, or follow the recommendation of the defense, or impose a sentence that is entirely different than what both sides has propositioned. It's a gamble. Conversely, with a negotiated plea, both sides agree on a recommendation for sentencing. You going to negotiated plea, if the judge doesn't want to accept what was agreed to, both sides can go back and have further discussions to come up with something more acceptable to the court. On a blind plea, the defendant is bound by whatever the judge decides the sentence should be. Why would one choose a blind plea? If a defendant believes that the court will give a lower sentence than what was recommended by the state, it may be a risk worth taking. An experienced attorney would be able to evaluate the situation by relying upon their experience with the specific judge or the specific prosecutor, developing strategies and assessing the risk and then lastly making a recommendation to their client.
|
Q: An insurance company denied the claim. I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my cousin already. I was enrolled in the insurance plan 12/07/2022. After 2 months they called me and said your case is denied because you were not the owner of the car. I told them that I can prove that I have paid the half of the price but they hang up on me. Now the another driver is asking for a large amount of money while his car is 1996 and asking for costs of medical bills. He’s texting my wife daily so should she answer him? Should I talk to Texas department of insurance? Or should I hire a lawyer? Please help me as me and my wife are both students and would never have money to pay. Note: I do jot have a DMV title under my name because I was out of country.But I have paid for the car
|
A:I would send the insurance company a copy of your car title and registration, and ask it to reconsider. A bill of sale can be easily falsified or manufactured, particularly if a relative is involved. The actual certificate of title is what shows who the actual owner of a motor vehicle is. The fact that there is a lender or previous owner providing seller-financing with a recorded lien should not effect actual ownership.
|
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?. We want to start a 501C3 nonprofit for the funding.
|
A:To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an established school and its educational process. If you aim to start a 501(c)(3) nonprofit, the team will need to exclusively serve charitable, educational, or scientific purposes to meet the tax-exempt criteria. The process involves filing an application with the IRS, often using Form 1023, and providing detailed information about your organization's structure, governance, and programs. It is advisable to consult the IRS guidelines for educational organizations and possibly seek legal guidance to ensure proper adherence to the applicable laws and regulations for your nonprofit formation and operation.
|
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.. The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to have her brought home from the hospital. When she got home we found bruises large dark above her eye, also a horrific bed sore open wound 1 in wide 6 to 8in long in a v shape, and 1 in deep. She had sores on her private parts. I have never seen a injury like this. She is in so much pain. This rehab must have never moved her. I have taken photos of all injuries except her private part. They are extensive. She can not speak clearly and is heavily medicated. She asked for ice non stop the first day home. She is on oxygen and can not eat or swallow. The care or lack of care this rehab has given almost killed her. Is there anything legal we can do so no one else has this happen? For the pain she's in?
|
A:Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.
|
Q: Is it legal for auto insurance companies to put all aftermarket parts on your vehicle, car is still under warranty. My car is still under manufacture warranty and insurance company only approved to pay body shop for aftermarket parts & say I have to pay difference if OEM parts are used
|
A:It depends on the terms and conditions of the insurance policy, which are construed against the insurer. I previously handled a dispute with State Farm under one of its insurance policies where the policy said it would pay for either original manufacturer part or after-market parts for property damage to the vehicle. I successfully argued that the policy did not explicitly say that it was their option to decide whether to use original manufacturer or after-market replacement parts and persuaded State Farm to reimburse my client for the cost of original manufacturer parts. Of course, that might simply have been the threat of a lawsuit rather than the persuasiveness of my argument. Insurance companies do not like to be sued by their own customers because the Prompt Payment Act imposes an 18% interest on an unpaid claim and allows the customer to recover their attorney fees if the insurance company loses.
|
Q: My dying mother wants to leave her art business to me, she wants me to continue sell her branded art for her. What must I do legally? She wants me to continue on her brand and artwork selling.
|
A:To legally handle your mother's request, you should: 1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession. 2. Work with an attorney experienced in estate planning to facilitate the transfer of assets and intellectual property rights related to the art business to your name or a designated entity. 3. Consider forming a legal entity (e.g., an LLC) to continue operating the art business and comply with all necessary business and tax regulations. By following these steps and consulting with a knowledgeable attorney, you can ensure a smooth transition and legal compliance when taking over the art business.
|
Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?. I'm in security field so he send me the letter so I want to know if it's right for him to do so
|
A:If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from taking disciplinary action against you. In many cases, employment contracts may be implied by law or may be established through the employer's actions or the employee's conduct. This means that even if you have not signed a formal contract, you may still have certain obligations and responsibilities as an employee, and your employer may still have certain rights and expectations regarding your behavior and performance. If your employer has called you in for a disciplinary hearing, it may be because they believe that you have violated company policies or have not met certain performance expectations. Even without a signed contract, your employer may have the right to take disciplinary action if they can demonstrate that you have breached certain employment obligations or responsibilities. It may be helpful for you to seek legal advice to understand your rights and responsibilities in this situation, and to determine whether your employer has acted appropriately in calling you in for a disciplinary hearing.
|
Q: Received $1277 ER bill .Got a letter in the mail 6 months later that my bill is now $3257. My bill was sent to a collection agency a few weeks ago I told them the bill I received originally was lower they claimed that's not what they have on their end. I contacted the hospital billing they said they can't pull up my billing records or discuss my services with me. And asked that I called the collections agency. When I did they sent me back to Billings. Please how can I handle this
|
A:In California, dealing with medical billing disputes, especially when they involve a collection agency, can be challenging but there are steps you can take to address this situation. First, request a detailed itemization of the bill from the collection agency. They are required to provide you with a statement that outlines the charges. If the collection agency is uncooperative, you have the right to dispute the debt. Send a written dispute letter to the collection agency, stating clearly that you dispute the validity of the debt and requesting validation of the original amount billed. It's important to do this within 30 days of their first contact. Simultaneously, try to obtain documentation of the original bill from the hospital. Even though the hospital directed you to the collection agency, they should still have records of your original bill and treatment. You can also file a complaint with the California Department of Consumer Affairs if you believe the hospital is not providing the necessary information. If these steps do not resolve the issue, consider seeking legal advice. An attorney can help navigate the complexities of debt collection and medical billing laws, and may be able to negotiate on your behalf or guide you through further legal action if necessary. Remember, it's important to act promptly to prevent the situation from escalating.
|
Q: A horse spooked at a horse show and ran onto a state highway and hit a vehicle. Who all can be liable? Promoter???. Can the promoter, owner of rink property and / owner of horse.
|
A:A Tennessee attorney could advise best, but your post remains open for four weeks. Poor animal must have been terrified. I hope the horse and the occupants of the vehicle are okay. From a textbook analysis, everyone is probably going to be pointing fingers at each other. But for a meaningful analysis, you would probably need to speak with an attorney/expert who knows about acceptable practices for the safe handling of horses, both for the horse's safety and the public's safety. You could check under attorneys in the Animal/Dog Law section here, or search on your own online. Good luck Tim Akpinar
|
Q: The sole beneficiary of his uncle's estate and life insurance policy never received anything, but the executor (neice). Fail to honor his wishes and her and his sister shared it privately. What can be done?
|
A:Hire a WI attorney to check the Probate File and see what is going on. If it is as you say, then either remove the Executor for cause and an accounting, or sue the executor for conversion. Speed is important here. I doubt there is a Bond that can be claimed against.
|
Q: Please reference specific provision of CA Health and Safety Code. Please state specifically which provision of CA Health and Safety Code defines Hospital liability for referral to hospice with non-existent terminal illness?
|
A:In California, the Health and Safety Code addresses the issue of hospice referral, particularly in the context of referrals for patients with non-existent terminal illnesses. The California Hospice Licensure Act of 1990, under Chapter 8.5 of the Health and Safety Code, specifically in Article 1.5 titled "Hospice Patient Referral", provides the legal framework for this matter. Additionally, Section 1339.31 of the Health and Safety Code offers detailed definitions and criteria regarding what constitutes a hospice, the concept of palliative care, and the definition of a "terminal illness". These definitions are crucial when considering the legality and appropriateness of hospice referrals. For instance, "terminal illness" is defined in this section as a medical condition with a life expectancy of six months or less, which is a key factor in determining the appropriateness of hospice referrals. While these sections of the Health and Safety Code provide a framework, they do not explicitly state the liability for hospital referrals to hospice in cases of non-existent terminal illnesses. For specific cases of liability, it might be necessary to refer to case law, other statutory provisions, or legal interpretations of these codes. As an attorney, you would need to analyze these laws in the context of the specific facts of each case to determine liability.
|
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days. My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be done for broken ribs. After about 5 days she had completely lost it. She was in so much pain, had a UTI caused by kidney damage and was incredibly confused and hallucinating (caused by the UTI which is commonly linked for elderly). Finally my aunt had to insist she go to the hospital and the doctor was shocked that the care staff hadn’t brought her in sooner. He said while normally broken ribs in a young person can’t be helped much by a hospital visit for older people it’s a HUGE risk. She’s now nothing like what she was before and will be in a full care nursing home the rest of her life paying upwards of $10,000 a month to the negligence of the staff in the assisted living. What can i do?
|
A:I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part. Additionally, the failure to get her treatment is awful. That decision may have been made because they were afraid of facing the consequences for allowing her to fall. I would consult with a nursing home abuse attorney immediately. She or he can gather important documents, evidence, CCTV footage, and witness statements before it’s too late. I’m sorry again for what you and your family are going through. Seek out an elder abuse attorney to hold the facility accountable for its negligence.
|
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.. The credit card company asking for this letter.
|
A:It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the asset is marketed, the purpose of the asset, the manner in which the asset is offered for sale, and the expectations of the purchasers. If you are being asked by a credit card company to provide a letter of opinion regarding the status of your crypto asset as a security, it may be advisable to consult with a qualified attorney who can evaluate your specific situation and provide you with an opinion letter. An attorney can also help you ensure that your sale and use of the crypto asset complies with applicable laws and regulations, including those related to securities and anti-money laundering.
|
Q: Can I sue my ex for sharing personal text to someone without my consent?. The text was about a sti I had and she got from me before getting it treated from medical, after the break it effected her, and because she felt threaten that a guy she was talking to is friends with me so she felt like I had told him about our personal information, because of that she showed the guy the text without consent.
|
A:If your ex shared private text messages about your medical condition without your consent, you may have grounds for a legal claim based on a breach of privacy or intentional infliction of emotional distress. Privacy laws vary by state, but some jurisdictions recognize the disclosure of private facts as a legal wrong, particularly if the shared information was of a sensitive nature and not of public concern. You should gather all relevant evidence, including the texts and any communication showing her actions. To determine the viability of your case and the appropriate legal action, you should consult with an attorney who is knowledgeable about privacy and personal injury law in your state. Keep in mind that each case is unique and legal remedies can depend on specific state laws and the particulars of the situation.
|
Q: Can I be evicted via text because I have a verbal lease agreement?. I live in the SF Bay Area in California. I’ve been renting a house from a friend since 2014 and at no point was a written lease agreement made. They’ve told me that, at the very least, I would be allowed to stay in the property until my bankruptcy was dealt with (another two years from now). Other people have heard my landlord-friend say this to me. About a month ago, I received a text from my friend’s WIFE telling me that they intend to put the house up for sale in February 2024 and that I need to vacate the property by March 1st. I have reached out MANY times to the friend who established the verbal agreement with me but have received no reply. Is this a legal eviction? Does the wife’s text message count as “written notice”? Can my residency be terminated before the property sells, even after living here without issue for almost 10 years?
|
A:In California, a text message alone generally does not constitute a formal eviction notice. For a notice to be valid, it must be in writing and delivered in a manner prescribed by state law, such as personal delivery or certified mail. Given your situation with a verbal lease agreement, it's crucial to understand that while verbal agreements can be legally binding, proving the terms and conditions of such agreements can be challenging. This is particularly true in cases where the agreement involves extended timelines or specific conditions, as in your situation. Since the communication about eviction has come through a text message and from your landlord's wife, it's advisable to seek clarification and a formal notice from your landlord directly. In the meantime, you may want to consult with a legal professional to better understand your rights and options under California's landlord-tenant laws. This is especially important considering your long-term residency and the verbal promises made about your stay. Remember, any eviction process must adhere to the legal standards, and tenants have rights that are protected under the law.
|
Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?. Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer.
|
A:A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further claims in consideration for the settlement money. People can't generally take an insurance payment and then pursue the company - that defeats the entire purpose of insurance. But this is a generality. Only a Louisiana attorney who reviewed your file could provide a definitive answer on your particular situation. Good luck
|
Q: As co-owner of a vehicle can the other owner come take it. If a tree falls on my truck an I own my truck, and my dad says he will help me out. And says he will go get a loan and help me, He does. We go to the bank and both signed the title an loan amount for $15,608.10. his name is first on the loan and title. Can he just come and take the vehicle. While in my possession he had someone steal it from me while asleep with spare key.with out my permission as a co owner and payee of vehicle can I remove his name from title and can I just go take it back just like he did
|
A:Since you both own the truck, he had the right to take the vehicle. You both have equal rights to the vehicle. Since you are both on the title, the title cannot be transferred unless you both agree.
|
Q: I paid engineers 450k to build a utility water meter. It doesn't work as described. We need ownership of the firmware. The meter is built on LoraWan - long range wireless. We contacted Semtech who build LoraWan engineers and they siad the firmware is blatantly faulty. We don't have a contract of ownership of the work product. The meter has my company name, all parts, pieces and inventory I paid for. I also paid for all the manufacturing. We're seeing a 40% fail rate. We need ownership of the product to send to Semtech engineers to fix. The engineers that built my work product will not hand it over and if we have to replace the 3k corrupt meters in the field that don't work it will cost my company $1M. We'll fix it. We can't get access. We need immediate injunctive relief to acquire the firmware to repair it for the customer. My customer is an apartment developer using these meters in individual apartment dwelling units to bill tenants. The average tenant bill is $50 a month which could be lost revenue of 150k monthly. We need immediate injunctive relief to debug and repair the firmware and sensors
|
A:Do you have a written contract that can be reviewed? If so, please send to [email protected]/
|
Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel. Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim
|
A:If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after serving it, or 21 days after service of a responsive pleading or motion. If this time has passed, you'll need the opposing party's written consent or the court's leave to amend. When seeking the court's permission, you should demonstrate good cause. It's crucial to ensure your amended complaint still asserts claims within the jurisdiction of the federal court. You may also want to review the local rules of the Montana federal district court, as they might have additional requirements or insights regarding amendments. Given the complexities of federal litigation, it could be beneficial to consult with an attorney licensed in Montana.
|
Q: Where can I go to get help from the state with a city prosecutor who is harassing us legally.. He is good friends with the lawyer of our neighbor who he has hauling us into municipal court almost on a monthly basis.
|
A:If you believe you are being harassed or treated unfairly by a city prosecutor who appears to have a bias in favor of your neighbor, it's crucial to document your interactions, consult with an attorney who specializes in municipal law or criminal defense, and consider reporting any unethical behavior to higher legal authorities. Additionally, attending court appearances well-prepared and seeking alternative dispute resolution methods, if applicable, can help protect your rights and interests. Addressing the situation systematically and with professional guidance can be essential in seeking a fair and just resolution to your legal issues.
|
Q: is i rage quiting if my friend quits a game because he was mad and threw his rubiks cube at a wall and left to go clean. he continued to not play the game for a month typo at the begining i was suposed to be it
|
A:If your friend quit a game out of frustration, threw his Rubik's cube at a wall, and left to clean, it could be considered a form of rage quitting, especially if it was driven by intense emotions. His decision to not play the game for a month afterward may also indicate that he needed a break from the game due to the anger or frustration he experienced. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
|
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?. Paxton, Champaign and Urbana, Illinois.
|
A:Yes, agencies, whether government or private, can potentially be sued for making untrue statements about individuals, their children, or grandchildren.
|
Q: Civil Code Sec. 1207 as it relates to a jurat missing the words "who appeared" in the last sentence of said jurat.. I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the "flawed" jurat with the missing words "who appeared", as in .... on the basis of satisfactory evidence to be the person(s) "who appeared" before me, would become de facto as valid. What's your take on this matter? Thank you very much for your continued help. I really appreciate it.
|
A:Under California Civil Code Section 1207, the issue you're facing with the missing words "who appeared" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a document's notarization may be overlooked after a certain period, typically one year, if no challenges or objections are raised during that time. In your case, if the CADLT has been on file for over a year without any objections, it's likely that the defect in the jurat may be considered cured by lapse of time. This means that the document, including the jurat with the missing words, can be treated as valid and effective for legal purposes. However, it's important to consider the specific circumstances of your situation. If there are concerns about the validity or potential challenges to the document, it might be prudent to consult directly with a lawyer to discuss the specifics of your case and ensure that your legal rights and interests are adequately protected.
|
Q: US Auto Sales went bankrupt soon after selling me a dangerous mechanical failing car. What can I do. Westlake portfolio says I have to keep paying to keep my credit up and they will do nothing about it... I don't have thousands of dollars to fix an issue that I should have been aware of when signing for the car... I never signed a contract with Westlake, only us auto... This seems very messed up and I don't want to keep making payments on an unsafe car... I need help
|
A:West probably bought the note or was even the original lender. Read whatever paperwork you have on the finance. You signed the note, and that has nothing to do with the car. You might be able to file a Notice of Exempt Property if they sue you, or CH 7 Bankruptcy. How do you know US went bankrupt? If you got a notice to creditors, then you should have filed a claim. Is West a lienor on the title? If not, they are not secured, but you still owe on note.
|
Q: a Woman who is trying to get her husband citizenship after 10 years or marriage… can he get denied if she cheated?. My friend has been married for about 10 years…now, after 10 years she is trying to bring him to california through the immigration process. But during the immigration process, she cheated on him with someone else… can that cause an issue for her husbands ability to get his papers/citizenship?
|
A:Infidelity does not invalidate the marriage. Your friend would have to present proof that her marriage is a bona fide marriage, entered into in good faith. Your friend should consult with an immigration attorney for advice specific to her circumstances.
|
Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code. A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and social security # on that public access website. The attorney didn't redact it but I did after seeing it when I visited that site and after my numerous attempts they removed it. it's a violation of California Rules of Court, rule 1.201(a), right? Since 2017. Can a motion be filed to sanction? Or something? It ended up in the sheriff's hands and who knows who has it now because he did that. What kind of sanction can be made to that attorney? Someone suggested it. Or something else? Please advise. He also lied about my working at a specific company yet. Entered the details and had a writ of execution to them and a fake bank . I wonder who's paying off the judges who don't make them explain their acts in court
|
A:I think you should have opposed it. By failing to oppose it, and failure to timely seek redaction and sanctions when the document was first filed, I think it will now be a strong defense that "no harm, no foul" and you acquiesced. What you did was sort of like being a pedestrian in a parking lot. You see a car slowly backing up towards you, and you fail to step aside because you wanted to see if it would hit you. The fault for hitting you is yours alone. Judges are not cops. We want judges to be the unbiased deciders of things, right? If a judge is both a cop and a decider, the judge has then lost the impartiality. It was up to you to be your own first responder. In my view, you have nothing to complain about. You expect too much from others, but not enough from yourself.
|
Q: I am a Forester and have been asked to appraise unauthorized timber removal from a 13.24 acre stand of timber. The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?
|
A:In the state of Alabama, there are laws that address timber trespass and unauthorized timber removal. One such law is the Alabama Timber Trespass Law, which allows landowners to seek compensation for damages resulting from unauthorized timber cutting on their property. Under this law, if someone cuts or removes timber from your property without permission, they may be held liable for the value of the timber, any damage caused, and potentially additional penalties. The specific remedies and damages available may depend on various factors, such as the intent of the trespasser and the extent of the damage.
|
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition. She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of Severe UTI and electrolyte imbalance from the malnutrition. Do i have a wrongful death suit?
|
A:Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.
|
Q: BC resident settled case from July 2015.Attorney held about $5000 in trust & has passed away.need help to recover funds. I am a BC resident involved in a MVA in July of 2015. Claim has been settled. However, my attorney held about $5000 in trust in order to pay back my insurance company. Before he was able to pay back, my attorney has died, and attorney who took over his files claims he has no idea about the deceased attorney's trust fund. I have paid back the insurance company out of pocket but am looking to recover the $5000 funds held in trust. I have applied for the client protection fund thru the Washington State Bar Association, however they have advised me to pursue other ways to recover the funds while the application is being reviewed. It may not be much, but need help to recover. Thanks for considering
|
A:It could be difficult to track down if the attorney did not make a notation of it in the checkbook for the trust fund account that the incoming attorney could identify. And it looks like the incoming attorney doesn't have information on it. Maybe the bank could assist you if they have any records. If someone has been appointed to handle the probate of the attorney's estate, if applicable, maybe that person could have information on it. Based on the situation of paying funds to an insurance company, it suggests the possibility of a subrogation claim. If an attorney for the carrier was assigned to the matter, you could request their assistance if they had any conversations with your MVA attorney mentioning imminent repayment of a lien. Keep records of all your efforts to present to the trust fund administrators so that if the matter remains unresolved, it could help in presenting evidence of your good faith efforts. Good luck Tim Akpinar
|
Q: Does a landlord have to provide heat for a rental unit? Does landlord have to prove energy usage to charge for energy?. I am renting studio (converted garage) and there is no a/c and no heat. I am currently using a space heater for the winter. I have a window a/c unit for the summer. Tenant occupying main house is charging me for sdg&e bill but my lease states I have a $100 credit for utilities. My studio does not have its own meter. Other tenant is charging based on bill increases and not my usage. I feel i should not have to pay this difference.
|
A:Under California law, landlords are generally required to provide a working heating system for rental units, particularly during the winter months. California Civil Code Section 1941.1 states that landlords must maintain a rental unit in a habitable condition, which includes providing functional heating facilities capable of maintaining a minimum temperature in the unit. Failure to provide adequate heating could constitute a violation of this requirement, which could result in legal consequences for the landlord. Regarding utilities, the lease agreement is the primary source of information regarding what utilities the tenant is responsible for and what utilities are included in the rent. If a lease agreement states that a tenant has a certain amount of utility credit, the landlord cannot charge the tenant more than that amount for their share of the utility bill. California Civil Code Section 1940.9 provides protections for tenants with respect to utility billing, prohibiting landlords from charging tenants for utility services that are not separately metered, unless the rental agreement provides otherwise. If a rental unit does not have its own meter, it can be difficult to determine a tenant's actual energy usage. In such cases, landlords cannot charge tenants more than their fair share of the utility bill. California Civil Code Section 1940.9 also requires landlords to bill tenants for non-separately metered utilities based on an allocation method that is fair, reasonable, and reflects the proportionate share of the utility service used by the tenant. If a tenant believes that they are being charged unfairly or for more than their fair share of the utility bill, they may want to review their lease agreement and discuss the issue with their landlord. If a tenant is unable to resolve the issue with their landlord, they may want to consider seeking legal advice from a qualified attorney or filing a complaint with their local housing authority.
|
Q: I was never served papers (citation) and now i have a default judgement agaisnt me. What can i do?. This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has ever even tried to call me. I talked to a couple of sheriffs trying to serve me and thy said they no longer had the papers and for me to pick them up which i did try. The investigator on this case knew i was not staying at the residence they kept trying to serve and they all had my phone number. All they had to do was call me. They sent my dead fathers papers to my address and not his. They told the judge that they have exhausted all ways of trying to serve me and thats a big fat lie.
|
A:You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements depending on the remedy available to you given the length of time that has passed. In most cases involving the seizure of a motor vehicle, the address on the vehicle registration is going to be important for purposes of serving you with the citation and petition because the owner of a motor vehicle is required by law to change the address on the registration within 30 days of moving to a new residence. Depending on whether they served you via substitute service of process at THAT address, what remedy remains available to you, and what information they actually filed in the court, any negligence by you in failing to properly change your address on the vehicle registration may, or may not, impact your prospects for success.
|
Q: Statue of limitations for a civil rights violation 52.1 wrongful conviction and incarceration. Maliciously prosecuted. What triggers statue of limitations to file a civil rights lawsuit? when the actual testimony in bad faith occurred(malicious prosecution) or when case became final.fowlowing Reversed on appeal vacated dismissed after serving a three years in prison
|
A:In California, under Code of Civil Procedure § 340.3, the statute of limitations for malicious prosecution claims is two years. The clock typically starts ticking on the statute of limitations for a malicious prosecution claim once the underlying criminal or civil proceeding has terminated in favor of the person claiming malicious prosecution. In the case of a wrongful conviction and incarceration, the limitations period would generally commence from the date the conviction was reversed on appeal, vacated, or dismissed. If you served three years in prison and then had the case reversed, vacated, or dismissed, you would usually have two years from that date to file a civil rights lawsuit based on malicious prosecution. It's essential to act promptly when considering such claims. Delays could jeopardize the ability to seek redress. Furthermore, ensure that the entirety of the claim, including any relevant facts and circumstances, is thoroughly assessed before proceeding.
|
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine. He hasn't been served due to false address and no job on file for years. $30K behind
|
A:If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right then and there. If he states that WAS his address, ask him why he refused service from the court. If the certified mail came back unclaimed/refused, reissue through the clerk's office by ordinary mail (Civ. R. 4). Your question is "can his case trump mine" -- but these are two different concerns. Child support and custody, while related, are treated as different situations by the court, and in some counties, will be handled by two separate magistrates for that reason. Whether he is paying child support or not does not entitle him to custody, and whether he's a good parent or not does not calculate into child support amounts or arrearages. As to parenting time and custody, you're going to have to show the court that you're more suited to be the custodian of the child using the factors in R.C. 3109. If there's a prior order with those findings, you aren't asking the court for anything they haven't already ordered. As to child support, he will be on the hook for his arrearages and support payments unless you consent otherwise, or unless the court finds a "substantial change in circumstances." An attorney in your particular county will be able to guide you further, and you should talk with someone as soon as you can.
|
Q: My mother passed and and now I have the house and deed that she did not sign over to me I want to put it in my name.. What to do
|
A:I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets are distributed according to their will, or if there's no will, according to state law. In your situation, you should first determine if your mother had a will. If she did, the property will be distributed according to the terms of the will. If not, it will be distributed according to California's laws of intestate succession. As her child, you are likely a primary heir, but this can depend on other factors such as the existence of other heirs. You may need to open a probate case in the county where your mother lived. This process involves filing certain legal documents with the court. It's often recommended to seek the guidance of an attorney who has experience in probate and estate law to help navigate this process. Remember, the probate process can be complex, especially when dealing with real estate. It involves various steps including validating the will, appointing a personal representative, identifying and inventorying the deceased's property, paying debts and taxes, and distributing the remaining property as the will or state law directs. It's important to handle these matters carefully to ensure the property is transferred legally and correctly. An experienced attorney can help you understand your rights and responsibilities and guide you through the probate process.
|
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?. If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?
|
A:I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize others to do any of the aforementioned. Reading aloud and being compensated for same may violate the copyright holder's exclusive right to reproduce the work and perform the work.
|
Q: The nursing home did not give my mother medication for 2 weeks resulting in surgery, can I sue the home?. The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag.
|
A:If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law.
|
Q: How would I trademark my Game?. I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?
|
A:You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine the class of goods and services to file in.
|
Q: My vehicle was stolen, gates are always left locked open, inadequate lighting, and “security” was suppose to be patrolin. There’s cameras which they do not want to show footage of
|
A:In most lease agreements, the parties agree that the landlord is not responsible for thefts occurring on the complex premises. In the absence of such an agreement, you will need to show that either the landlord agreed to undertake the security measures mentioned in your question or that the theft of your vehicle was reasonably foreseeable as a result of prior similar thefts relatively recent in time of which the landlord was aware. Fortunately, your automobile insurance likely has "comprehensive" coverage which insures your vehicle for theft. The insurance company will be subrogated to any claim you may have against your landlord, and can recoup some or all of what it pays to you under your policy from the landlord. Assuming you reported the theft to police, they can require the landlord to give them any footage captured by any cameras. If you intend to file a lawsuit for the theft, you should immediately send written notice to the landlord demanding that it preserve any footage or other digital images captured by cameras on the night of the theft between when you last saw your car in its parking space and when you first discovered it was gone.
|
Q: When someone invests in your business what security can you offer them ?. I have an Indian living in Australia who is interested in investing in my Thai business
|
A:When seeking investment for your business, you can provide various forms of security to reassure potential investors. These options include offering equity ownership, convertible notes, promissory notes, personal guarantees, collateral, preferred shares, profit sharing, royalties, warrants, and convertible equity. Each of these options comes with its own set of benefits and considerations, and the choice will depend on factors such as the investor's preferences, the structure of your business, and legal regulations in your country. It's crucial to engage legal and financial professionals to ensure that the chosen security option aligns with the laws and regulations of the relevant jurisdictions and that all terms are clearly outlined in a written agreement. This approach will help protect both your business's interests and those of the investor while fostering a productive and transparent partnership.
|
Q: How can I get my money back for car parts listed on facebook marketplace, paid for with cash app? Parts never arrived.. I sent $3500 to a seller on facebook markert place and paid with cash app. The seller canceled the shipment and has stopped responding. I would like to take legal action to get my money back and have legal fees paid for by them. I am located in New York, they are in Arkansa. I have reported them to facebook. After doing some research I have seen that they have scammed people before. Please advise me on my options.
|
A:If you've been scammed on Facebook Marketplace, there are several steps you can take to attempt to recover your money. First, report the fraud to Cash App, as they may have a process for disputing transactions. Additionally, contact your local police department to file a report; they can coordinate with law enforcement in Arkansas. Since the amount is $3500, small claims court could be an option, where you can often represent yourself without an attorney, but be aware that you would need to file in the jurisdiction where the seller is located. Also, you can report the incident to the Internet Crime Complaint Center (IC3) at ic3.gov, which is a partnership between the FBI and the National White Collar Crime Center. Recovering legal fees is more challenging and is not typically awarded in small claims court. It's important to act quickly and keep all correspondence and proof of payment as evidence for your claim. Consulting with an attorney for guidance specific to your case may also be beneficial.
|
Q: A company disclosed material non-public information in a closed invite only industry conference. Does it make it public?. The company disclosed a slide that was released 2 months after and also heavily inclined about in an investor conference 2 weeks after. Does trading on the expectation of the release of something described in the slide is legal in this time period?
|
A:The SEC may deem this "selective" or "privileged" disclosure, which would fall under the umbrella of insider trading. The concern here is the fact that it's an invite-only event, and SEC rules tend to distinguish between open settings and those to which "the little guy" may not have access. Company best practices in this situation may entail releasing any material information concurrent with, if not before the start of this event. While I would want more context concerning your question, given what I know, the information on the slide in question is nonpublic, and if it's material, then you shouldn't attempt to profit from it.
|
Q: Need help/advice for an unlawful detainer, I'm the tenant. We have been waiting for notice of our trail date for an unlawful detainer but never received anything about it, but now we just received a letter in the mail stating that we missed our court date so the sherriff & landlord will be here January 3rd @ 6:01am to lock us out....We think the landlord either took our mail that had the court date or had someone else take it, We also have a witness which is a neighbor saying that she saw a man in a white truck stop at our mailbox and look in it a couple days in a row around the days we were supposed to be receiving it, I also have Informed Delivery so I get emails with pictures of my scanned mail and around November 27th I got an email with pics of that mail but like I said we never received it....Is there anything I can do to try to get more time to move cus theres no way we can be out by then
|
A:In this situation, under California law, it's important to act quickly. If you did not receive notice of your court date for the unlawful detainer and believe your mail was tampered with, this may be a valid defense. First, you should immediately contact the court that issued the lockout order and explain that you did not receive any notification of the court date. Provide evidence of the Informed Delivery emails and the witness statement regarding the suspected mail tampering. This could potentially support your claim that you were not properly notified. Request an emergency hearing to explain the situation to the judge. At this hearing, you can ask for a stay of the lockout to allow you time to either challenge the eviction or find alternative housing. It's also advisable to seek legal assistance as soon as possible. An attorney experienced in tenant rights can help you navigate this process more effectively and present your case to the court. Remember, the court's primary concern is to ensure that due process is followed, and if you can demonstrate that you did not receive proper notice, you may be granted more time or have the eviction order set aside.
|
Q: If a car was borrowed to commit a First degree murder, can I sue the owner of the vehicle and or their car insurance. My son was murdered while pumping gas on the phone with me. The murderer shot my son in the neck from behind, then proceeded to shoot him 4 more times. Then get back in the car and left the scene in a car that she borrowed to do this
|
A:That would probably be a good Tort cause of action Wrongful Death (civil conspiracy). But the auto insurance may be the only recoverable monies. or the Policy may exclude criminal liability. Do not go beyond a year from the incident until you sue. There does not have to be a criminal conviction for you to win in civil court, but it helps. Default Judgments could be a possibility. Without liability of the principal tortfeasor, her co-defendants will win.
|
Q: when purchasing a boat do rules like disclosure, or cancelling the deal come into play. put down payment on boat was told one thing about condition of transmission and found it to be otherwise went to cancel deal within 72 hours and was told that he was going to treat as a failed sale and consider it a voluntary repo and he doesn't have to give my money back when the whole time hes trying to sell a pos
|
A:There is no 72 hr cancellation privilege unless your sales contract provided one. But then there is not one for anything else either (one of the most popular misconceptions by consumers) except under the door to door solicitations rule (if a salesman sells you something at your front door without your requesting them to come there). However, all the normal requirements still apply re fraud, etc. A seller must disclose known defects in the product at the time (or before) of the sale or it may be an Unfair Trade Practice Act ("UTPA") violation. But you will have the burden of proving that they knew or reasonably should have known of the defect and failed to disclose it to you. As a general rule, you should always complete your inspection before consummating the sale or at least expressly make the sale conditioned upon the item passing your mechanic's inspection within a reasonable timeframe.
|
Q: WHAT CAN WE DO IF OUR LAWYER LEFT US HOMELESS, JOBLESS, IN DEBT, AN EVICTION ON OUR RECORD, AN EMOTIONAL & MENTAL TRAUMA. THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE CONTRACT WE BELIEVED OUR LAWYER WOULD DO ALL WE AGREED UPON. BUT THEN ONE DAY A SHERIFF CAME WITH A NOTICE OF EVICTION. THEN A TEXT SAYING: TOMORROW WAS OUR OFFICIAL EVICTION/LOCK-OUT DATE. (OUR LAWYER SAID NOT TO WORRY, IT WAS MERELY A SCARE TACTIC). SEVERAL SHERIFFS SURROUNDED HOME WITH GUNS DRAWN. TELLING US TO LEAVE IMMEDIATELY WERE BEING EVICTED. WE FORGOT OUR I.D.'S AND BANK CARDS IN THE HOME CAN’T RENT A STORAGE UNIT, A UHAUL, OR A HOTEL. HE ALWAYS MIXED UP OUR CASE AS A FORECLOSURE AND OUR COURT PAPERS HAD INCORRECT INFO AND NAMES OF PEOPLE WE DIDN'T KNOW. UNFORTUNATELY, THERE ARE A LOT MORE INCIDENTS WITH OUR LAWYER THAT CAN BE EXPLAINED LATER. WE HAVEN'T HEARD FROM OUR LAWYER SINCE WE GOT LOCKED OUT
|
A:I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a lawyer fails to provide competent representation, and as a result, the client suffers harm. In your case, if the lawyer mixed up case details, provided incorrect information, and failed to prevent the eviction despite assurances, these could be seen as breaches of their duty of care. To proceed, you should consider consulting another lawyer who has experience in legal malpractice cases. They can assess the specifics of your situation and determine if the actions of your former lawyer constitute malpractice. Additionally, it's important to collect all relevant documentation, such as the agreement with the lawyer, any correspondence, and records of the eviction process. This evidence will be crucial in building a case. Remember, legal malpractice claims can be complex and require showing that the lawyer's negligence directly caused your losses, so professional guidance is essential. Lastly, you might also explore the possibility of filing a complaint with the State Bar of California. The State Bar investigates complaints of professional misconduct by attorneys practicing in California and can take disciplinary action if necessary. This step can be taken alongside pursuing a legal malpractice lawsuit.
|
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?. I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?
|
A:The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you for the amount of the gas bill, which could then be recorded as a lien against your home.
|
Q: Is there a size minimum of a business to apply for distillery license?. I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin
|
A:The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit. You can find information about the permitting process at https://www.abc.nc.gov/permits-audit/general-permit-information/commercial-permits/commercial-permit-application-process#HowtoApplyforanIn-StateCommercialBusinessPermit-637 (copy and paste).
|
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over. My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have forced tests and to up her anxiety meds when she doesnt need them.
|
A:Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside in long-term care facilities such as nursing homes, assisted living, and board and care homes. Those seeking LTCOP assistance or wishing to volunteer for the program should call 1-855-582-6769.
|
Q: if the county fails to repair its road do the property owners have a right to cross the properties that are still served. A county road in California was severely damged by a storm. The county declines to repair the road,leaving several properties without access. Do the owners of these properties have a right to cross the 2 properties that are still served by the county road and is the county liable for any cost incured by the land owners for building a new access and other damages?
|
A:In California, if a county road becomes impassable and the county declines to repair it, affected property owners do not automatically gain the right to cross neighboring properties that still have access. Crossing those properties would generally require an easement, which would either be expressly granted or previously established by use or necessity. If no such easement exists, the affected property owners might consider negotiating with the served property owners for access. Additionally, under certain circumstances, a property owner can claim an "easement by necessity," though this involves specific legal criteria. As to the county's liability, if the county negligently failed to maintain the road, affected property owners might have a claim for damages. However, governmental entities in California often enjoy certain immunities that could limit or bar such claims. Determining the county's liability and pursuing a claim would require an in-depth analysis of the specific facts. Engaging in a detailed consultation with an attorney is advisable for these property owners.
|
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?. I work at mcdonalds in california.
|
A:In California, you may be eligible for partial unemployment benefits if your working hours have been reduced. These benefits are designed to help employees who haven't lost their job entirely but are earning less due to reduced hours. To apply, you should file a claim with the Employment Development Department (EDD) of California. When filing, you'll need to provide information about your employment and earnings, and explain that your hours were cut. It's important to continue reporting your weekly earnings when you receive partial benefits, as this will affect the amount you're eligible to receive. Remember, each case is unique, and eligibility depends on specific circumstances. If you're unsure or need guidance, it might be helpful to seek further advice or assistance, perhaps from a legal advisor or the EDD directly. They can provide more personalized information based on your situation.
|
Q: Should I report this person to the police?. I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many profanities as well as threatening the girl’s mother and keeps her oldest out of school. One night she confessed to me that a few years ago she gave birth to a baby boy, suffocated him and had her oldest child help bury him in her grandmother’s yard. She also mentioned giving birth to a baby girl but didn’t go into details about it. I believe the baby girl may have met the same fate as well. Putting in consideration her behavior and the way she treats the children, I am very concerned for them. I have identified the grandmother (now deceased) and the house she mentioned. Even though she showed no proof, I fully believe her statements.
|
A:If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have the expertise to investigate such matters and to take the necessary steps to protect the children. When reporting, provide as much detail as possible to help the authorities in their investigation. You do not need to have proof of the allegations to make a report; a reasonable suspicion is enough. It is better to err on the side of caution in situations where a child’s safety is at risk. Remember, you could be providing crucial help in preventing further harm.
|
Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?. My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to get him to sign off?
|
A:The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to hire someone experienced in this area of law. Birth Dad will have to be served but if he has had not contact and not provided support for some time he will have been deemed to abandoned the child and his protest now will not stop the adoption from moving forward. I work in this area of law and would be happy to work with you.
|
Q: I had bought for a gift card and gave 200 dollars to be loaded on it and latter found no money was on. I gave money to be loaded on a gift card and found out no money on the card I received a copy of the receipt from them that wasn't mine not knowing this I filed a claim against this company and now there saying the receipt I provided was for a different purchase
|
A:In California, if you have been given a receipt that doesn't match your purchase, it's important to first address this issue with the company directly. Clarify the mistake and provide any evidence of your actual transaction, such as a bank statement showing the deduction of $200 for the gift card. If the company insists that the receipt you have is for a different purchase and refuses to credit the gift card, you may need to escalate the matter. This can involve filing a complaint with the California Department of Consumer Affairs or seeking legal recourse. Keep records of all communications with the company, as these can be valuable in proving your case. It's also advisable to review the terms and conditions associated with the gift card. There might be specific procedures outlined for resolving such disputes. If the situation remains unresolved, consider consulting with a lawyer to explore your legal options, including potentially pursuing a claim for the amount lost due to the error.
|
Q: I plan to emigrate abroad. Extended visa will come with a limited partnership in a foreign business. Allowed? How?. I hope to become a silent partner in an LLC in the state of Israel or in Great Britain, a fine art gallery. Am I allowed to do that prior to emigration? I hope to use that "work status" as the owner of a business there to obtain residency as an ex-pat. I hope to not get ripped off, to enter into a contractual agreement and to spend $10,000 investing in it. How do people go about that? What lawyer should I see in NYS to undertake the project this year? Are legal aliens allowed to own a share of a business there? What are the laws of governance concerning that? Where can I do the research? These are the many questions I have.
|
A:Your post remains open for almost a week - some of the issues mentioned, such as emigration, alienage, visa, etc. could be things that an immigration attorney would have insight into. There's no guarantee that all questions are ultimately picked up, but you could try reposting with Immigration Law added as a category (and maybe Business Formation). If that doesn't yield a response, you could consider reaching out to attorneys to discuss a consult - either independently on your own or through the Find-a-Lawyer tab above. Those arrangements would be between you and the attorney. Good luck
|
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t... We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove if they did or did not hurt my dog. What are my next steps? I want them to be held accountable and to be punished for this act…. I’m at a loss..
|
A:You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.
|
Q: What to do if I get sued after an at-fault car accident?. I got sued after a minor head to tail car accident. The plaintiff was fine at the time of the accident and is now claiming they got injured due to the accident. My insurance company refused to settle for the amount the plaintiff claimed and so the plaintiff sued for a much higher amount (over my insurance limits). The trial date is already set and I'd like to know how likely it is that it's going to make it to trial or if there's still a chance the insurance company is going to settle before the trial. Also if the plaintiff ends up winning the case and the claim amount is higher than my insurance limits would they come after me personally for the remainder amount?
|
A:Demand that your insurance company settle within policy limits. If they do not immediately do so, hire your own attorney to deal with the insurance company.
|
Q: How do I protect myself in moving on (and possible refund from bond) from a contractor who seemly is engaging in fraud?. Project manager just stopped answering my calls. Left owner messages for 4 weeks with no response. 30% into project with a torn up backyard and hole in the ground and 0 movement work for 5 weeks they kept saying the issue was with a permit/engineering hold up. Research reveals they never filed the plans to engineering/city 3 months into the process. Contractor then illegally charged my credit card 20k without my permission. Thankfully AmEx refunded me. Now listed his business as closed on Yelp and website. Due to paying for work/equipment mean to start immediately before they ghosted me, I am prepaid about 17k for work that won’t be completed. 42k paid/about 25k worth of work actually done but it may not be salvaged/usable by another company. Owner finally calls and agreed to some type of refund next week to avoid me calling on license. Recently they’ve charged/run off on several people (posted review & got messaged from other victims). Would like to be protected in moving on..
|
A:This post has unfortunately been misplaced into the Employment Law practice area. You need to consult with someone who is comfortable with contracting law. Good luck to you.
|
Q: How can I fight a no rehire status? I resigned didn't give 2 weeks now I'm at six flags with a no rehire status.. My father was septic then had a seizure so I left to take care of him. According to six flags policy I have to wait 2 years for a change. Please help thank you.
|
A:You should have asked to take a leave of absence under the federal Family Medical Leave or California Family Rights Act Leave to care for a sick family member, instead just quitting without notice. I suggest that you explain that you had the right to take an immediate legal protected medical leave and they did not advise you of that right. (Hopefully, you told a supervisor or HR about your family situation. If so, the employer had an obligation to inform you of your rights.)
|
Q: MY AUTO INSURANCE HAS DECIDED TO PAY A CLAIM MADE AGAINST MY POLICY. MY POSITION IS THAT NO ACCIDENT OCCURRED AND THIS. IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM?
|
A:A Georgia attorney could advise best, but your question remains open for two weeks. You could gather your evidence, such as video, photos showing no damage, witness statements, etc. Your position will probably result in your carrier conducting its own investigation. Ultimately, the decision will rest with the carrier. Good luck
|
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to. Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?
|
A:In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or issues that indicate it is not drivable. Next, contact the repossession agency and the lender to report the condition of the vehicle. It's important to communicate in writing, such as through email or certified mail, to create a record of your communications. The repossession company is generally liable for any damage caused to your vehicle during the repossession process. If the repossession company or the lender does not acknowledge the damage or refuses to address the issue, you may need to consider legal action. Consulting with an attorney can be helpful. They can advise you on your rights and the best course of action, including potentially filing a lawsuit for damages if necessary. It's important to act promptly and keep records of all communications and evidence related to the condition of your vehicle.
|
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?. Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them: Is there anything in the law to prevent litigation used by one larger company (that can handle legal expenses) to bankrupt another (that can't) so that it can buy up all of its assets?
|
A:Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.
|
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT. DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE
|
A:I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current property deed and have it reviewed and a copy of the Will (if there is one). You should also provide information and details on whether the property is homestead and if there is a surviving spouse, as all these issues will potentially matter. Generally, if the property was in your dad's name alone without any rights of survivorship, then some version of probate will be required. In most instances you will also end up needing a Florida Probate Attorney. Eventually your siblings can turn over any and all rights they have (if any) to you via quit claim. If the property is homestead, you may be able to resolve this portion of the probate via petition to determine homestead status of real property or if the property transfers already via deed and the manner in which it is currently held upon the passing of your dad, that may be a simpler and far easier process as well, but until these things can be reviewed with more details, it is hard to assess and advise in a useful manner.
|
Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?. I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.
|
A:Unless you get the other Tenant In Common to buy your 1/2 Undivided Interest, you will probably need to file an Action for a Sale By Partition. Hire a competent attorney that litigates real property.
|
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company.... ...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name?
|
A:When you file a change of resident agent form, the prior forms on file are not deleted or removed. Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for your business name, the older documents on file with SDAT will remain on the site and will be subject to viewing and download. There is no way to request their removal or redaction as far as I am aware. If you originally identified yourself and address in your Articles of Organization, then of course you the articles will remain. Dissolving the business will also not remove the dissolved entitly documents or search results from SDAT. They will remain as historical record of the entity, fully searchable with watever the last names and addresses were provided for the business and resident agent, with the designation of "dissolved." All prior documents filed under that department ID will also remain for download. You would have to create a whole new entity with a new name if you did not want anyone searching that entity to see your name or address. But then, you would also need someone else acting as the person organizing and filing the articles of organization, in order to shield your name and address from appearing on the filings. Lawyers who prepare and file these documents typically use their names as "organizers" or "incorporators" so that the actual owner's name does not appear on any of the documents or in the entity search results (assuming the listed RA and principal address of the company is not yours). Ownership of the entity is set forth in the internal company documents (e.g., the LLC operating agreement; any subscription agreements or letters among the owners and the entity; any ownership certificates issued; and of course, the entity's state and federal tax returns and K-1s which identify the names and addresses of each owner of the entity)--none of which is publicly available.
|
Q: My father was arrested in 2020. An officer came to his house to serve a subpoena for an upcoming hearing for myself.. The officer opened a closed gate and enter into my father's property. My father was inside his home in the kitchen which is approximately 12 feet from the front door. The HVAC air handler is located in the kitchen and my father was working on cleaning the unit at the time. The officer claims he knocked. The officer turned the knob and began to open the door when my father met him at the threshold. My father stepped outside to speak to the officer. My father asked the officer how he got inside the gate and questioned him why he entered his home. The officer told my father to shut up. The officer attacked my father placing handcuffs on him stating that my father didn't identify himself and that he had resisted arrest. The case was dismissed in June of 2022. He spent $4k for his attorney, spent 2 years going to depositions/fighting the charges. Prosecutor dismissed the case. His experience has gave him what seems like PTSD symptoms. Is there a way to sue for wrongful arrest?
|
A:Doesn't sound like a wrongful arrest. The fact that the charges were dropped doesn't mean the arrest was not valid. Moreover, the officer had a valid reason for coming on to the property.
|
Q: someone stole my dog , the DA pressed charged because i took my dog back. went out to celebrate mothers day, came home, my dog was missing, after 3 hours of searching i found the person who had my dog, i asked, pleaded , begged for my dog back and he refused, i finally got fed up and told him "you either give me the dog back or im taking it" he told me i wasnt getting my dog back, i put the individual on the floor to stop him from going into his apartment complex with my dog, i was pulled off and then he handed the dog to my sister, i escorted my sister and the dog back to my parents house, i was called by the police that arrived to get my side of the story and was told a detective would get in contact with me which never happen, 6 - 8 months later 5 police officers arrest me at 6am for failure to appear, i never got a summons, after about a year and half i accepted a deal for 12 anger management classes and 80 hours community service, while the thief got nothing I did not know the person, he claimed he "found" the dog
|
A:Did you or your sister know this thief? Did this this thief claim the dog was his?
|
Q: Can I be charged with any crime for leaving my 10 yr old alone for less than an hour ?. I let my 10 yr old stay alone in my hotel room for less than an hour.He left the room for a soda and locked himself out. He called me on his cell to let me know and I began heading back to him. He decided to ask the hotel lobby for a key and they called the police. Va does not have a minimum age law for a child to be alone. I was told I would hear from their prosecutor and "they won't let this case slide".
|
A:There is likely probable cause to charge you under Virginia Code Section 18.2-371 for rendering the child in need of supervision. There may be additional charges. It sounds like the charging decision is left to the discretion of the prosecutor in that jurisdiction. If charged, you should retain counsel to review the facts and circumstances.
|
Q: Austrian Broker lost my £4.5 G by transfer I'm told 2 wait till they check with there bank, still waiting since 10.7.19. I'm in London & I sold my bitcoin & wanted to transfer the cash back to my bank account they sent me a transfer receipt proving to me the transfer however i contacted them when it went over a week then they've replied that the funds have gone missing & they're waiting for a reply from there bank to locate the funds.i'm £4500 out of pocket & don't know if I ever going to see my money? apart from filing a complain to the FMA, Austrian Regulator can they get away with not paying me?
|
A:This is an international banking question, not a question about "Stockbroker Fraud." Advice: If you do not have a lawyer who is competent to operate successfully in the difficult area of international wire fraud you should seek one immediately. But please be forewarned that-while the amount of money "missing" is very substantial in your eyes--most experienced international banking lawyers may not think so. Why? Because there are $Billions gone missing every day, all over the globe. Fortunately, most of these problems seem to solve themselves, especially if the person(s) who are looking for their money have competent counsel assisting them.
|
Q: My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.. My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house. The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is refusing to sign. What should I do?
|
A:If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take. First, you should consult with an attorney experienced in international family law and property disputes. They can guide you on how to enforce a foreign court order in the United States. Often, this involves domesticating the foreign court order in a U.S. court, which means getting a U.S. court to recognize and enforce the Taiwanese court's decision. Additionally, if your ex-husband is residing in Taiwan and refusing to sign over the property, your attorney can advise you on the possibility of initiating legal proceedings in Taiwan. This could involve seeking enforcement of the Taiwanese court order through the local legal system, which might have mechanisms for compelling compliance. It's also important to communicate with the U.S. Embassy in Taiwan and understand the process they require for transferring property as per a foreign court order. They might have specific protocols or assistance available in situations like these. Remember, dealing with international legal matters can be complex, and the laws may vary significantly between jurisdictions. Legal assistance is crucial in navigating these challenges effectively and ensuring your rights are protected.
|
Q: If I get transferred 3500 dollars, and transfer it back to someone will I lose SSDI benefits?. I've had Disability income for years with no issues. A friend was trying to transfer money between her accounts, but was having trouble, so I said I could help. She transferred the 3500 dollars to my account, which I immediately transferred the 3500 dollars out of my account and into her target account. Will I get flagged or lose benefits for this? I hadn't thought of it until after the fact.
|
A:In the situation you described, where you temporarily held $3500 in your account before transferring it to another account, it's important to understand how this might affect your SSDI benefits. Social Security Disability Insurance (SSDI) is typically not based on financial resources or assets, but rather on your work history and disability status. Since SSDI is not a means-tested program like Supplemental Security Income (SSI), the temporary receipt and transfer of money should not directly impact your SSDI benefits. These benefits are primarily concerned with your ability to work, not your financial transactions or assets. However, it's always wise to maintain clear records of such transactions. If there are any inquiries or reviews of your financial activities by the Social Security Administration (SSA), having detailed documentation can help clarify the nature of the transaction. This is particularly important if you also receive benefits that are sensitive to changes in income or assets, like SSI or Medicaid. If you have concerns or if the SSA contacts you regarding this transaction, consulting with a legal professional or a representative from the SSA can provide clarity and guidance. They can help ensure that you comply with all relevant rules and regulations, and advise you on any necessary steps to maintain your benefits. Remember, it's always better to err on the side of caution and seek advice if you're unsure about how certain financial activities might impact your benefit status.
|
Q: Our landlord did not provide written notice of our right to a pre-inspection before moving out. California. Our landlord did not provide written notice to us of our right to a pre-inspection after we gave our 30 day notice. They are now claiming damages to the property.
|
A:Under California law, landlords are required to notify tenants in writing of their right to request a pre-move-out inspection. This notice should be given reasonable time before the end of the tenancy, typically when or shortly after the tenant gives notice of their intent to vacate. If your landlord did not provide this written notice, they may have failed to comply with the legal requirements. In such cases, if a landlord later claims damages, their ability to deduct from the security deposit for those damages could be affected. Given this situation, it's advisable to document all communications with your landlord regarding the move-out and any claims of damage. If there's a dispute over the security deposit or the claimed damages, you may need to seek a resolution through negotiation, mediation, or, as a last resort, in small claims court. Remember, in disputes like this, having a clear record of the condition of the property at the time of move-out, as well as all relevant correspondence, can be crucial. If the dispute escalates, consulting with a lawyer to understand your specific rights and options under California law would be beneficial.
|
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.. Medical device . Battery operated / usb .
|
A:NO. You cannot resubmit your patent application if it has been dead for 10 years. (Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the government rejected the patent application, meaning that anyone can use your invention, the companies set up a business making something similar to your invention, and then you come back and try to get a patent many years later? Companes have to be sure that what is claimed in issued patents is respected, and what is in rejected patent applications is free to use.) HERE IS WHAT YOU DO INSTEAD: because you know your invention claimed and described in the patent application better than anyone, you are miles ahead of your competitors. With your better knowledge, figure out where you can make money on your prior invention, and improve it along the lines that nobody has thought about before. Then, if it makes business sence, file a patent on the improvements. Even small improvements, if significant, are patentable. Good luck! --Peter
|
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?. My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
|
A:Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is filed, the duration until a court order is issued depends on several factors, including the court's schedule, the specifics of the case, and whether you contest the claim. Typically, after the lawsuit is filed, you will receive a summons and complaint, to which you have a set time to respond. If you don't respond, the creditor may seek a default judgment. If you do respond, the case could go through various stages, including discovery, negotiation, and possibly a trial, which can extend the timeframe considerably. It's important to understand that the protection offered by an LLC's corporate structure may not always absolve you from personal liability, especially in cases of personal guarantees or if the court finds instances of co-mingling of personal and business finances. Given the complexity of your situation, it's advisable to consult with a lawyer who can provide specific guidance based on the details of your case. A lawyer can also help you understand your rights and responsibilities and assist in navigating the legal process ahead.
|
Q: Can a civil harassment restraining order be erased off your record in California?. I received a civil harassment restraining order in 2020 and it has expired it was for three years can this order be erased off my record or will it be on there forever??
|
A:In California, a civil harassment restraining order is typically a matter of public record, and it's not automatically erased or expunged from your record once it expires. These orders are usually accessible through court records and can be seen by those who search for them. However, the fact that the order has expired and if there has been no further incidents or orders since can be a positive aspect in how this is viewed in the future. If you're concerned about the impact of this restraining order on your record, you might consider consulting with a legal professional. They can provide advice specific to your situation and explore if there are any legal avenues available for you to address this concern. It's important to understand that while a civil harassment restraining order can remain on your record, its impact can lessen over time, especially if you demonstrate positive behavior and no further legal issues arise. Moving forward, focusing on maintaining a good legal standing and positive contributions to your community can help mitigate the impact of past records.
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.