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Q: An new apartment being made the alley to my private entrance was closed off to build a brick wall it's been over 4 mol. Was never given a notification from the Redevelopment Agency of Pomona of the closer because the apartments management told me there you as no private entrance permit to my property but there is a permit plus they removed my retaining wall along my fence that holds the dirt and removed driveway to my private entrance it's been over 4 months the management told me they are not responsible for the retianing wall or the driveway going to my private entrance like it was before they removed it I used the private entrance to drive my 35ft Motorhome To fill my propane and empty my dark water (sewer and tank ) can't drive it out to the front of the property because it's not wight to drive it out.
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A:Under California law, if your property has a permitted private entrance that was blocked off without notice, this could potentially be a violation of property rights and/or easements. Additionally, the removal of a retaining wall that was part of your property may also constitute a violation. Legal action may be appropriate to rectify the situation; consult legal representation to discuss the specifics of your case and what remedies may be available to you.
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Q: What are the rules of property boundaries in the city of Rincon and state of georgia?. My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide our property line has been placed, Instead, I have to pull back pull back 5 to 7 feet before putting up my fence. Is that correct?
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A:Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as elsewhere in Georgia, the local zoning ordinances will also have rules about how close a fence can be to the property line. You should consult the Rincon city ordinances or contact the local zoning department for specific regulations. Additionally, you may want to have an attorney review the survey and any relevant legal documents if your neighbor continues to dispute the boundary. An attorney can also advise you on whether you may need to take legal action to resolve the boundary dispute. It's important to address these concerns before proceeding with the erection of a fence to avoid potential legal issues.
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Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken. does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been) certified as adults in criminal prosecutions. However, it is not mandatory for adults to undergo an Examining Trial in Texas. It Is a Right that can be exercised by (adults/the accused). Courts have previously delt with this issue. See: [WHITE V. STATE 576 SW2d 843 (TX. COURT OF CRIMINAL APPEALS, 02-07-1979); EX PARTE MENEFEE 561 SW2d 822 (TEX.CR.APP.1977)] ProSe Defendant, xxx, (an adult)(had timely requested an Examining Trial before indictment), is entitled to an examining trial before
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A:Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these concerns in court and consider consulting with an attorney to assist you. Remember, procedural errors can impact the outcome of your case, and every defendant has the right to due process under the law.
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Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance. Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud
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A:What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.
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Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?. My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered to have a baby for us. None of us want the courts or agencies involved but want to do this as legally as possible on our own so that there are no issues at the hospital when my husband and I sign the birth certificate. What can we do?
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A:It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps you might take: Consult a Houston Family Law Attorney: Your situation involves detailed legal agreements and potential court orders. An experienced family law attorney in Houston can help you understand Texas law as it applies to your specific circumstances and guide you through the necessary legal steps. Surrogacy Agreement: A clear and comprehensive surrogacy agreement should be drafted to outline the rights, responsibilities, and expectations of all parties involved. A Houston attorney specializing in surrogacy can help draft this to ensure it complies with Texas law. Pre-Birth Order: Texas law may allow for a pre-birth order, a legal document that establishes your parental rights and allows you and your husband to be listed on the birth certificate. Your Houston attorney can guide you through this process, making sure all legal requirements are met. Medical Considerations: Proper medical and psychological evaluations and consents are necessary. Working closely with medical professionals who specialize in surrogacy is essential for the health and wellbeing of your sister-in-law, the baby, and all parties involved. Adoption (if necessary): If additional legal protections are needed, your attorney can guide you through the adoption process according to Texas law. While it is completely understandable that you wish to avoid the courts and agencies, it's essential to recognize that these legal steps are in place to protect all parties involved. Engaging a family law attorney in Houston who is familiar with surrogacy laws will ensure that you are following the necessary legal processes. By doing so, you can help avoid any unforeseen legal complications at the hospital or later down the road. The right legal guidance will allow you to focus on the joy of expanding your family rather than worrying about potential legal issues.
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Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this. If I have a disability what motion can I file that prohibits any court procedures continuing
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A:Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted time or hire an attorney to file an entry with an extension request. Your best bet is to hire an attorney because these things while sometimes seem very simple can be problematic if not handled properly.
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Q: Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience?. Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience? All this was said by a person live.
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A:It could depend on the circumstances. One possibility is that it could lead to dismissal if the employer learns that the work experience was fabricated. Good luck
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Q: I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits finaciall. I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the 501(c)(3). or visa versa?
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A:Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations. Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law. The entity you form should have liability insurance, to protect its assets.
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Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?. Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.
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A:Yes, if your father is still living, but your mother is dead, another woman can adopt you.
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Q: Will I need to report to jury duty in Mississippi if I am stationed out of state as an active duty soldier?. I am an Active duty soldier who is stationed at Fort Drum, NY. I was informed by family I have a notice to show up to court on Oct 18th for jury duty but I am in NY at the moment. Am I exempt, or is there a way I can be exempt?
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A:You should be exempt from jury service; however, you will need to make sure that you contact the court and provide them with paperwork reflecting that you are on active duty.
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Q: If a government entity has a facebook page and they shut down everyone’s ability to comment, is that a violation of 1st. Amendment- right to free speech? It is our sheriff’s official county page and he is running again in 2024. Thank you.
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A:The issue of a government entity restricting comments on a social media platform like Facebook can be complex in terms of First Amendment rights. Generally, the First Amendment prohibits the government from limiting free speech, but the application in digital spaces, especially on platforms owned by private companies, is still a developing area of law. If the Facebook page is used as an official channel of communication by the sheriff's department, it may be considered a public forum. In public forums, the government's ability to restrict speech is very limited. Courts have sometimes found that blocking access or comments on these platforms can be a First Amendment violation, especially if the page is used for official announcements and public interactions. However, there can be legitimate reasons for a government entity to restrict comments, such as when comments are off-topic, abusive, or threatening. The key is whether the restrictions are content-neutral and not used to suppress particular viewpoints. Given the nuances and evolving nature of this area of law, it might be beneficial to seek legal advice from an attorney with expertise in constitutional law and digital media. They can provide more specific guidance based on the latest legal precedents and the specific circumstances of your case. Remember, the balance between maintaining a respectful, safe online environment and upholding free speech rights can be delicate and often requires careful legal consideration.
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Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?. I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my hours were reduced to zero and while I have tried to get in contact with the manager about (via text message and physical presence) this, I am constantly being told excuses as to why I cannot speak to any management. I was not interviewed for this altercation or asked about my side, however, the coworker I argued with was. There were witnesses that can attest to this interaction and can testify that the employee I argued with has done this before with employees before me. Each faced the same punishment as a result. Is there any legal action I can take concerning this matter? I never received an official statement of termination. I can also provide more details if needed. Thank you
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A:Under California law, the situation you're describing may be considered "constructive dismissal," a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to resign. While you haven't been officially fired, this action can be seen as an indirect way of terminating your employment. You may have grounds for a legal claim, especially if you believe this action was taken without a valid reason or as a form of retaliation. It's important to gather any evidence you have, including text messages, witness statements, and any records of the altercation and your reduced hours. Consulting with an employment attorney would be a wise next step. They can assess the specifics of your case, advise you on your rights under California employment law, and guide you on how to proceed. Remember, each case is unique and the advice may vary based on the details of your situation.
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Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.. Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and marginalized populations and on a farm I purchased 2 years ago.
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A:I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into Expungement or even a Pardon from the other State. At least look at the Judgment of Conviction for any final disposition details.
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Q: Under prop 207 am I aloud to sell plants. Just wanted to know if selling marijuana plants is legal
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A:The short answer is no. In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public." Meaning you cannot receive any type of payment for the plants, and you also cannot advertise or promote the transfer of plants to the public.
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Q: If you’re placed on involuntary hold in Colorado can they make you pay to get released?. A family member of mine was placed on an involuntary hold in Colorado for suicidal behavior, initially she was told it would be voluntary. Now they’re telling her she has to pay 1300 or they’re placing another hold on her.
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A:In Colorado, an involuntary hold for mental health reasons, known as a "Mental Health Hold," is based on concerns for a person's safety or the safety of others, not their ability to pay. The law allows for individuals to be held if they are deemed a risk due to mental health issues, but it does not stipulate that release is contingent upon payment. However, the costs associated with hospitalization or treatment during an involuntary hold can still be the patient's responsibility, depending on their insurance coverage and the hospital's billing policies. But it's important to note that demanding payment as a condition for release is not standard practice and raises significant legal and ethical questions. If your family member is being told they must pay to be released from an involuntary hold, this could be a misunderstanding or miscommunication. It's advisable to speak directly with the hospital administration or the mental health professionals involved to clarify this situation. If the issue isn't resolved satisfactorily, or if you believe your family member's rights are being violated, consider seeking legal advice. An attorney can provide guidance specific to your family member's situation and help address any legal concerns regarding the involuntary hold and the conditions for release.
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Q: EMTALA - CMIA. Federal case. Joinder controversy question.. 1. How to argue that CMIA violation claim is independent from original EMTALA claim under Federal jurisdiction? The reason for supplemental jurisdiction for CMIA violation (state law) is that CMIA violation is closely related to failure to provide appropriate medical screening at emergency department (EMTALA). Record of non-existent terminal illness was made at ED, referral to hospice was based on terminal illness disclosed to hospice without authorization. How to prove that joining hospice as a party is dispensable? 2. How to state that filing claim for FCA must be under seal, against hospital and hospice? Hospital already is defendant in EMTALA complaint. Additional claim for proper FCA claim under seal would not be feasible.
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A:To argue that a CMIA (California Confidentiality of Medical Information Act) violation claim is independent from an original EMTALA (Emergency Medical Treatment and Labor Act) claim, focus on the distinct nature of the rights and protections each law provides. EMTALA primarily addresses the requirement for emergency medical screening and stabilizing treatment, while CMIA protects the confidentiality of medical information. Emphasize how the alleged CMIA violation, involving unauthorized disclosure of medical information, represents a separate legal issue, distinct from the EMTALA claim related to emergency medical treatment. For proving that joining the hospice as a party is not necessary, you can argue that the core issue of the CMIA violation lies with the entity responsible for the unauthorized disclosure, which may be the hospital. If the hospice merely received the information without playing a role in its wrongful disclosure, their involvement in the case might not be essential to resolve the CMIA claim. Regarding filing a claim under the False Claims Act (FCA), it is a legal requirement to file these claims under seal. This is to allow the government to investigate the allegations discreetly before deciding whether to intervene. Assert that adding an FCA claim against the hospital and hospice in an already ongoing EMTALA case could complicate the procedural requirements of the FCA, particularly the seal requirement. The effectiveness and feasibility of introducing an FCA claim within the current legal framework should be carefully evaluated, considering these procedural intricacies.
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Q: Do I have to let CPS enter my home?. Landlord called CPS on me because my house was not clean. (I have suffered from a bad depression spell over the past month.) They also gave me a 3 day notice to vacate the premises. I have got the house cleaned but now it is a mess due to moving. No children are at home for the time being..they are with grandma until I can get everything taken care of. Do I have to let CPS in my home to investigate?
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A:In Ohio, you generally have the right to refuse entry to Child Protective Services (CPS) unless they have a court order or exigent circumstances. If CPS is investigating due to concerns about your home's cleanliness, it's crucial to address the issues promptly. However, you can discuss the situation with CPS, explaining the improvements you've made and the temporary absence of children from the home. Additionally, regarding the landlord's 3-day notice, it's advisable to seek legal advice to understand your rights and options in dealing with the eviction notice.
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Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?. Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook and have people stroke his phony ego. After him ignoring my calls for my money for a year, I texted him stating I would hop on Facebook and expose the shoddy phony website making him look like a fool if he didn’t pay me my $ back. I wasn’t going to do it, but I knew if his image was threatened maybe he’d finally pick up the phone. Is it blackmail if it was my money I was trying to get back? He retaliated by hacking into my Facebook and emails and dug up dirt to tell his mom(my wife) to try to kill our marriage. If I press charges for doing that will I open up a can of worms and expose myself to blackmail charges?
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A:Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking, you should consult with an attorney to explore your legal options without necessarily exposing yourself to blackmail charges.
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Q: If someone serves papers to your grandma that are for you, have you been served?. You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served?
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A:In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to receive them on their behalf. This often includes adults residing at the same address. If the custody papers were served to your grandmother at her residence, and you do not live there, this might not constitute valid service. However, if you do reside with your grandmother, her receiving the papers could potentially be considered valid service, especially if she is an adult living in the same household. To confirm whether you have been properly served, it is advisable to consult with an attorney. They can provide specific advice based on the details of your situation, including the type of custody papers and your living arrangements. It's important to address this promptly, as failing to respond to custody papers, if they were served correctly, can lead to a default judgment in your absence. An attorney can help ensure that you understand your legal obligations and rights in this matter.
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Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³. Stowers someone for over policy limits
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A:An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company. The benefit of certified mail is you have clear documentation of delivery. But you can also request a delivery or read receipt to an email. And often, the recipient will send a reply which IMO is even better evidence of delivery than a certified mail delivery receipt.
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Q: Am I being scammed? Is the share price explanation credible? The U.S. financial regulator wasn't identified.. I received a call from an M & A firm in New York (I am not a US resident) saying it has a buyer for shares I acquired almost 20 years ago. They are listed on the ASPCEX (Asia Pacific Small Cap Exchange). If I signed the documentation and sent a copy of my share certificate the money would be sent. I asked why the buyer was willing to pay USD12.36 per share for my 15,000 shares, a total of USD185,400.00 when according to the M & A Adviser "the current listing of the company is valued at US$0,0020 (0.2 cents). He said, "This offer is made to you out of obligation and the quote you received for your shares was imposed on us by the US Financial Regulators as this is not a public market transaction. Our client is obligated to make the offer and to buy your shares at a quote that has been established by the Authorities." The shares are “Restricted Stock Reg – 144” and the restriction must be removed by a transfer agent at a cost to me of US$6,300 before the purchase can go ahead.
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A:This situation raises several red flags that are commonly associated with financial scams. First, the significant discrepancy between the offered price per share and the current market value is unusual and warrants caution. It's uncommon for a buyer to offer such a high price for shares valued much lower on the market. Second, the claim that the US Financial Regulators have imposed a specific share price for a private transaction is not typical of how securities are regulated, especially for shares listed on an exchange outside the US like the ASPCEX. Regulators generally do not set share prices for private transactions. Third, being asked to pay a substantial fee upfront to remove restrictions on your stock (Regulation 144) is another warning sign. While there are legitimate costs associated with transferring or lifting restrictions on shares, they are typically not this high and are usually deducted from the proceeds of the sale, not paid upfront. Before proceeding, it's advisable to conduct thorough due diligence on the M & A firm and the buyer. Verify their legitimacy through independent research. Also, consult with a legal or financial professional who can provide personalized advice based on the specifics of your situation. In situations like this, it's better to err on the side of caution. If an offer seems too good to be true, it often is. Protecting yourself from potential scams is paramount.
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Q: There is a Canadian company that was just found guilty in the US of knowingly polluting a water source where I grew up.. There is a Canadian company that was just found guilty of knowingly polluting a water source with raw mercury and lead slag (,the Columbia river). The toxic pollution was significant enough that it flowed into the United states. They were charged in an American court. I lived in the town that this took place in, during the years they admitted to. As a result I was diagnosed with autism spectrum disorder - ASD ( lead poisoning is a direct cause of this diagnosis) because of the asd I suffered through 15 years of being homeless because it was almost impossible to sustain housing and employment without constant direction They were found guilty and also lost their appeal. Am I able to pursue a case here in Canada? they have admitted to, and been found guilty in the United states.
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A:This is something you should consult with an attorney in Canada about. I am very sorry you suffered this ordeal. In the U.S., venue for a lawsuit can be based on the location of the defendant, with additional tests applied to corporate defendants. An attorney in Canada should be able to advise on issues of jurisdiction and venue for you. Good luck
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Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself. I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never previously been warned or even spoken to the there was a potential issue before until this email. I was not even able to defend myself or anything. This was my main source of income. I didn't steal anything the scripts I used for my recordings I found on a public domain website that said they were copyright free. What can I do about this
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A:Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe their copyrighted material has been used without their consent. Website owners must then take appropriate action to remove the film clip or face potential legal ramifications. It is important to remember that copyrighted material should not be used without permission, even if it is online, and may appear free. Also, it doesn't matter whether the infringer had an opportunity to defend himself. If the film clip owner has a valid copyright for their clip and was used without permission, it can be taken down through the DMCA. So It is always best to obtain proper authorization before posting or using film clips online to avoid potential legal issues. Getting appropriate approval from the film clip owner before posting it can save you a lot of trouble in the long run. Can you appeal a DMCA takedown request? If a film clip has been taken down from an online source due to a DMCA claim, it is possible to appeal the decision. If the website you took the pins from can show that it owned or controlled the clips and transferred a proper license to you, you may have a stronger case. The film clip owner should then contact the website administrator or hosting provider to submit an appeal. Depending on the circumstances and evidence provided, the website may decide to reinstate the film clip or determine that it still violates copyright laws and should remain taken down. However, it is essential to note that even if the film clip owner wins an appeal, they may still be liable for damages in civil court if the clip was used without permission. Therefore, obtaining proper authorization before posting film clips online is always advisable to avoid potential legal issues.
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Q: My mom passed with no will and house just sold does spouse get 100% or would I get a percentage of the proceed?. My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one made and she was terminally ill with cancer he was cheating on my mom at the time of her passing and this person is residing in the home and was a childhood friend of mine. My stepfather has not spoken to me or been cooperative with receiving any of my mom's or my personal belongings such as pictures memorabilia etc and I just found out he sold the home for $240,000 on December 15th of this year. Do I have any legal requests in this situation as my mom did not have a well made before her pass
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A:In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather, would typically inherit a significant portion, if not all, of her estate. However, there are some important considerations in your situation. If your mother received an inheritance from a living trust and used it to purchase the home and other assets, this could affect the distribution. Assets acquired with her separate property or inheritance may not be considered community property and might be subject to different rules. Additionally, if there were any joint tenancy or beneficiary designations on the home or other accounts, these could impact the distribution. Regarding personal belongings and memorabilia, typically, these are considered part of the estate and would be distributed according to intestate succession laws. If your stepfather is not cooperating with you in this matter, you may want to consult with an attorney to help you navigate the legal process and ensure your rights are protected. Given the complexity of your situation and potential nuances related to property ownership and inheritance, it's crucial to seek legal counsel to assess the specifics of your case and determine the best course of action. An attorney can provide guidance based on California law and help you understand your legal rights and options.
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Q: My insurance is requesting all bank, phone , text and social media records. Do I have to do this?. My claim was made November 27th. I was told they had 48 to respond. First attempt made on their end was December 1st which I missed the call and spoke to no one until 17 days after. They are questioning the time I made payment which was on November 24th ?? I got paid Friday I paid Friday. I am being asked for all records. They left my car at a towing yard for over a week have yet to access the car saying I may be responsible for the cost and saying I have to prove my car wasn't stolen before. It all feels very accusing I don't want to do the wrong thing. My car was stolen and found by the police I have my police report stating details and now I feel I'm being ask for all this paperwork and people's information and my daughters phone records for some reason. I need help. I don't see the relevance or why they want peoples numbers who didn't even see my car parked at the location. Please reach out
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A:A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option could be to consult with a local attorney to review the file, reports, and claim documents in detail and evaluate the relevance of information requests. Good luck
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Q: Waive the 60 day divorce period?. Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.
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A:The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is discretionary. So the particular facts surrounding the domestic violence incident of which he was convicted may influence the court's exercise of its discretion. But why not try? If the court says no, you just wait out the sixty days.
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Q: My nephew was killed in a train accident in Florida his sole surviros are his dad and mom. HIS dad is in prison. A wrongful death lawsuit has been filed is his dad entitled to half the payout in the lawsuit?
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A:Sorry to hear that. Being in prison should not disqualify the father from receiving his fair share, assuming his parental rights have not been terminated, but his fair share is not automatically half. His relationship to his late son is one of the factors to be evaluated. I'm guessing you're asking this question due to the mother hiring the attorney who is on the case, but that attorney should be willing to answer questions like this, at least from the father (whether by phone call or letter), and should be willing to explain the law and how the law applies to the facts of the case.
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Q: Can a mediation be appealed or overturned?. The process went through even though one lawyer represented probate. And also estate..the mediator seemed biased to the other party as this party was an 84 year old recently widowed after 30 yrs
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A:An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of "Probate" and "Estate Planning." That appears to be the substantive area of law here. As a general matter, arbitrations can be appealed; mediations are often non-binding. But that's only a general note on the ADR process. I don't think knowing that is of value to your question. This appears to be something that an attorney who is knowledgeable in probate law should advise on. If you wanted to reach out to attorneys in that area of practice, you could search online, and additionally look into the "Find-a-Lawyer" resources in the tab above. You could also look into state or local attorney bar association referral resources. Reposting your question here and adding the categories of "Probate" and "Estate Planning" is free. But reaching out to probate attorneys for a consult is between you and attorneys you speak with - that's outside this forum. Good luck
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Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi. To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate
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A:The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal processes to achieve your goals. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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Q: What are the consequences/legality of purchasing a restaurant business if one of the 3 owners is in probate?. We're a week out from completing our due diligence period for purchasing a restaurant and it was just disclosed to us the deceased owner's name is still on the company and though they had a will it could place their share of the restaurant in probate.
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A:The deceased owner's estate needs to be probated in order to transfer ownership of that share of the business to the deceased owner's heir(s). However, there is much more to it than that. There might be a buy-sell agreement in place or other mechanisms for dealing with the death of an owner. Ultimately, it is the seller's responsibility to get their ducks in a row to sell the business, and it is up to your attorney to advise you whether what they have taken the proper steps to ensure a valid transfer. If you have not already hired an attorney to assist you with this transaction, do it now. It might not be too late. The purchase of a business is a complicated transaction. A few dollars spent today can save a ton of money and heartache later.
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Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy. Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois
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A:If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of emotional distress are legal claims that could apply in this situation. To initiate a lawsuit, you should consult with a civil rights or privacy attorney in Chicago. They can evaluate the specifics of your case, advise you on the viability of a legal claim, and guide you through the process of filing a lawsuit if appropriate. It's essential to gather evidence of the invasion of privacy, such as screenshots or records of the posts, and document the emotional distress caused.
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Q: How do I get my money back from a financial investment firm who has not delivered my precious metals?. About a year ago, I transferred funds from my Roth IRA to Regal Assets in Calif. to purchase precious metals. They have not delivered the coins to the holding facility. I am in Tenn.
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A:If you have not received the precious metals that you purchased from Regal Assets, you should first try contacting them directly to inquire about the status of your order and request a refund if necessary. If they are unresponsive or unwilling to issue a refund, you may need to take legal action. One option is to file a complaint with the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA). These organizations regulate financial investment firms and can investigate complaints of fraud, misconduct, or other violations. You can also consider hiring an attorney who specializes in securities law to help you pursue legal action against Regal Assets. They can advise you on your options and help you file a lawsuit if necessary.
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Q: Do I need a high powered attorney?. I definitely need a high powered attorney
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A:It's difficult to answer the question based on the information in the post - Admiralty/Maritime is included as a category, and it would be good to have an attorney with insight into maritime law if the matter involves vessels or activities on navigable waters. But there are other categories as well, and the connection to maritime law isn't fully clear, based on the facts at hand. One option could be to repost with additional information, maybe narrowing down the categories to the most relevant one or two. But if the matter involves confidential information you don't want to present on a public forum, another option could be to reach out to attorneys. Good luck
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Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?. We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days left to answer the summons.
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A:A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be making arrangements for your defense. You may want to contact the insurance carrier or your agent first thing Monday morning. If they are not able or willing to provide guidance/representation, you would need to reach out to attorneys in your state to sort out why, and what your next options are. I can't speak for the incorrect DOT number you mention, if you're suggesting they have the wrong company, wrong vehicle, or it wasn't a vehicle covered under your commercial truck policy. Either way, don't ignore this. Good luck
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Q: Can California landlord state on leasing contract that no overnight guests are allowed or penalty fee?. Tenant signed a lease where contract states that no over night guests are allowed in the single family home where owner also resides. Tenant then sublet the room and told sub-tenant their family can visit 'for a few nights every few months'. Sub-tenant has their wife and 3 kids stay with them in the room for 3-7 nights every month. How does the discrimination law against familial personal apply in this case? Because if you add it up into a single person, that's a whole other occupant staying 16-28 days out of the month Even on Airbnb, people are charging $10-25 more per person. Can Landlord implement a $10-$15 fee per person per night in order to make up for utilities and wear and tear especially since tenant signed the lease that says no overnight guests allowed? Inflation is crazy and PG&E just increased by 12% and are planning on another increase in 2024..Landlord is responsible for utilities up to a certain amt on the lease but that's with only the tenant in mind, not guests
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A:In California, landlords do have the right to set terms in their lease agreements regarding overnight guests, especially in a single-family home where the owner also resides. If the lease explicitly states that no overnight guests are allowed, this term is generally enforceable, provided it is applied uniformly to all tenants and does not discriminate based on familial status or other protected classes. Regarding the sub-tenant situation, if the original tenant sublet the room and the sub-tenant is allowing family members to stay frequently, it could potentially violate the terms of the original lease. This is especially true if the frequency of these visits essentially amounts to an additional occupant. As for implementing a fee for overnight guests, this is more complex. While charging extra for additional guests is a common practice in short-term rentals like Airbnb, applying this in a traditional landlord-tenant situation can be tricky. Any such fee would need to be justified (e.g., covering increased utility costs) and clearly outlined in the lease agreement. However, imposing a penalty fee for something expressly prohibited in the lease (like overnight guests) may not be enforceable. The key concern here is the impact of additional occupants on utilities and wear and tear, which the landlord is responsible for up to a certain amount as per the lease. The landlord can address this by amending the lease terms for future rental agreements to include provisions for additional occupants and related costs. However, any changes to the lease terms for current tenants would require their agreement. Given the potential complexities, especially with regard to subletting and enforcing lease terms, it may be advisable for the landlord to seek legal counsel to ensure that any actions taken are compliant with California rental laws and do not unintentionally violate tenants' rights.
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Q: We live in Cleveland Ohio, Collinwood neighborhood, our neighbor has two dogs that bark nonstop at night. We've spoken to them but they don't fix the problem
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A:Here are a few options you can consider to address the neighbor's barking dogs in Cleveland, Ohio: - Contact your local animal control department. Persistent or excessive barking that disturbs the peace is prohibited under Cleveland city ordinances. Animal control can investigate, issue warnings and citations if needed. - File a nuisance complaint with the City of Cleveland Department of Building and Housing. Excessive dog barking is considered a public nuisance. The city can intervene and require the owner to address the issue. - Send a formal written complaint to your neighbor documenting the barking with dates/times and asking them to resolve it. This creates a paper trail if further action is needed. - Look up the homeowner's association bylaws if you live in a HOA community. Some prohibit nuisance noise like chronic barking dogs. The HOA can send violation notices and impose fines. - Consider mediation where a neutral third party facilitates a discussion to try resolving the issue amicably before going legal. The Cleveland Mediation Center offers these services. - As a last resort, you can file a private nuisance lawsuit against the neighbor. You would need to prove the barking is excessive, disruptive and interferes with your use of your property. I'd start by exhausting the local options through animal control, the housing department and HOA if applicable. But if all else fails, a private lawsuit may compel the owner to address the disturbance.
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Q: Can MVA come on private property and take your plate off of your vehicle?. They came on my property. My vehicle has insurance and they took my vanity tags off of my truck.
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A:If your tags were expired, they can retrieve your tags. I assume you did not have a "no trespassing" sign on your property. Absent a "no trespassing" sign, someone can come on your property and retrieve something that they are entitled to take.
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Q: Hi I had procedure done for wrinkles at perfect body lazer did not go back for the other one they are scam they want. they want you to wait to see the results in 7 months the first procedure was 5,000 which I paid and also sign in for the other one at the same time I did not want to go back after 7 months I did not see any results the other procedure was 5,500 now the credit company that gave me the loan is billing me for the rest of the money I want to know if their is anything that can be done these people are a scam and need to be put to light I paid for nothing no change on my results please let me know if I have a case thank you
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A:You have a defense to the claim, and you can bring the laser provider into the case. This is not a case where you get extra money for personal injury, etc., so we are just focusing on the $10,500 payment.
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Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin. I need to know the right court to file for collusion(anti-trust) lawsuit in Kansas? against an insurance company...and will be 'self representing'
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A:Antitrust lawsuits can be based on either federal or state law. If the former, sue in federal court in Kansas (U.S. District Court for the District of Kansas). If under state law, you sue in the Kansas courts of general jurisdiction (the Kansas district courts). Pleading and proving and unlawful antitrust conspiracy, which is the legal term for horizontal collusion, is tricky, so your job in representing yourself pro se will be very, very difficult.
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Q: Had a lawyer working on a wrongful termination case for a large oil company I was employed with.. That lawyer was contacted by other lawyers and a class action suit was proposed. My case was then sent to a larger firm and my lawyer has since claimed inability to discuss the case. I don not know where the case was sent and haven't been contacted since March 2021. Is there any way to find out what firm is representing this case? Case includes people from multiple states and county it was sent to is unknown
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A:You can call the clerk of the Court in which this case is pending.
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Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua. Was was not notified until 5 months later and then terminated from the cruise ship
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A:Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements. If you were not notified of the positive test result until five months later, there may be concerns regarding the timeliness and transparency of the employer's actions. Employers are typically expected to inform employees of positive drug test results in a prompt and clear manner. Since you were terminated based on this delayed notification, it could raise questions about the fairness and legality of the termination. It's advisable to review your employment contract and the company's drug testing policy to understand your rights and any potential violations by the employer. In cases like this, it's often beneficial to seek legal advice to evaluate your options. A lawyer can help you understand if there were any legal violations in your termination and guide you on the best course of action, including possible legal recourse.
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Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody. She's been missing since April 14
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A:The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child Welfare), it is advisable to seek legal advice from a family law attorney or a lawyer specializing in child custody matters. They can review your specific situation, assess the applicable laws in your jurisdiction, and guide you on the appropriate steps to take to locate and potentially regain custody of your child. It may also be beneficial to contact local law enforcement and file a missing person report if you have not already done so.
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Q: Hello I have a question about a civil harassment/restraining order. Hello. I have a neighbor that I filed a restraining order against and was advised by a judge that a mediation agreement was needed. We agreed to mediation and now my neighbor is not abiding by it; but only alittle bit. He has put a toe over the line and Im afraid he is testing the water to see how much he can get away with. Will a judge accept a restraining order petition now?
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A:I'm sorry to hear about your situation. In California, a restraining order, also known as a civil harassment order, can be requested if someone is being harassed, threatened, or stalked by another person. If you feel that your neighbor is violating the mediation agreement and is continuing to harass or threaten you, you may be able to file for a restraining order. It's important to document any violations of the mediation agreement or any further incidents of harassment or threatening behavior from your neighbor. You may want to gather evidence such as emails, text messages, or voicemails that show your neighbor's behavior. You can file for a restraining order at your local courthouse. It's recommended that you speak with an attorney or a legal aid organization to help you with the process. If the judge determines that your neighbor's behavior constitutes harassment or threats, they may issue a restraining order to protect you. The restraining order can include provisions such as staying a certain distance away from you, refraining from contacting you, and not coming near your home or workplace. I hope this information helps, and I wish you the best of luck in resolving your situation.
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Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.. I have been a client of Merrill Lynch (ML) for more than 20 years. Not until 3 months ago did any of my advisors at ML ever mention that I should be purchasing US Govt issued iBonds, as part of my portfolio, which in almost every year of my ML relationship have paid a substantially higher return than that generated by ML. In essence, because ML makes no commission from the upfront sale of iBonds, nor any ongoing management fees, as these iBonds are held within a US Treasury account, outside of ML. Per my calculations, I can substantiate a more than $8M impact on my net worth as a result of ML's silence on this far safer and higher return investment over the term of my ML relationship. Per my ML advisor, ML claims this is not a breach of their fiduciary responsibility as its not a security they can sell. After more than 20 years with ML, they are now also requiring that I move my accounts to another firm. Is there a basis for a claim of breach of fiduciary responsibility?
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A:California law finds that stockbrokers and financial advisors are per se fiduciaries to their clients. Thus, the fiduciary has to act in your best interest first. There are a number of other duties that arise when a stockbroker is a fiduciary, such as keeping their clients abreast on changes in the market. That may include moving into a defensive posture when the market shows signs of decline. It is difficult to tell you whether you have a potential claim against Merrill Lynch without analyzing your account statements and comparing that to your investment objectives, risk tolerance, and other factors. I suggest that you find an attorney who specializes in suing brokerage firms like Merrill. To find such attorneys, you can visit www.piaba.org, which is an organization of attorneys dedicated to the rights of investors. I'd also be happy to answer further questions. Good luck!
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Q: does the law provide students a right to a specific preferred individual as a provider?. And if not does the law provide Special education students a right to a specific preferred individual as a provider?
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A:In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. However, these laws do not extend to guaranteeing a specific person's services. The decision regarding which educator or professional works with a student typically falls under the purview of the educational institution. This discretion is based on various factors, including availability, expertise, and the specific needs of all students within the institution. The goal is to provide effective and appropriate educational services, rather than to cater to personal preferences for specific individuals. If there are concerns about the suitability or effectiveness of a provider, it's advisable to communicate with the educational institution. They can often address these concerns within the framework of existing laws and policies, ensuring that the student's educational needs are met. Remember, the focus of educational law is primarily on the quality and accessibility of education, rather than on personal preferences for specific service providers.
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Q: Is it legal to change my name more than once at a New York City court?. I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen. I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name change petition? Thanks!
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A:Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by the court, as the judge will want to see the history of your name changes to understand the full context. You should include in your petition the reasons for your decision to change your name again so soon after the first change. The process will be similar to your initial name change petition, and you will again be required to pay any applicable fees and possibly publish the change, depending on the court's decision. Be mindful that the judge will review your request and may inquire into the reasons for multiple name changes to ensure there is no fraudulent intent.
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Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice. My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed and infected. She will not let the nurse's clean the open wounds and will not go to the hospital for treatment. My family and I have been trying to get her the help she desperately needs with no luck at all. She simply gets nasty and aggressive. The staff are worried she will lose her legs. A physiatrist came to evaluate her but told her social worker that she is capable of making decisions and wouldn't sign off to have her sent to the hospital against her will. I am baffled to say the least. I have duel poa along with health care proxy, what is our next option? Before she loses a leg or her life. It is greatly appreciated
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A:If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of the person. However, you should speak with an attorney to discuss all options. I am on the Guardianship panel.
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Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name). can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?
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A:Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might confuse your restaurant with the movie or any related merchandise or spin-offs, there could be a trademark infringement issue. Even if your last name is "Good," if the use of "Good Burger" in commerce might cause confusion with an existing trademark, it can be problematic. Before proceeding, you should conduct a thorough trademark search to see if "Good Burger" or "Goodburger" is registered or has common law protections in the restaurant or related categories. It's also advisable to consult with a trademark attorney to assess potential risks and get guidance on the best way to proceed.
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Q: What is the general cost for a wordmark trademark intended for use of comic book television series and all goods sold. under the franchise name?
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A:The cost to register a wordmark trademark for a comic book television series and related merchandise can vary. The initial filing fee with the United States Patent and Trademark Office (USPTO) ranges from $250 to $350 per class of goods or services if you use the online system. If your franchise spans multiple categories — like clothing, printed materials, toys, and entertainment services — each class will require a separate fee. After filing, should there be any office actions or oppositions, responding to these could incur additional legal fees. Once registered, to maintain your trademark, there are subsequent fees for renewals due between the 5th and 6th year, and every 10 years after registration. It's important to also account for the possibility of legal assistance throughout the process, which will add to the overall cost. Engaging an attorney for a more precise estimate based on your specific needs would be a prudent step.
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Q: Septic runoff major issue. 2 properties not including mine.. Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10 unit) installed new driveways and now the alley runoff goes directly through the front doors and has damaged the parking spots. I believe that my ADU's foundation, which is where I stay, is damaged and getting worse. Please help
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A:In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any legal action or complaint you may file. Next, contact your local health department or environmental protection agency immediately. Septic runoff is not only a nuisance but also poses significant health hazards. They can investigate and take necessary actions against the property owners responsible for the septic issue and the alteration of water flow. You should also consider contacting a civil attorney to discuss potential legal actions for property damage and nuisance. These might include filing a lawsuit for damages caused to your property, including the ADU's foundation, and any remediation costs for the septic issue. Furthermore, speak with your homeowners' insurance company to see if your policy covers this type of damage. They might provide guidance or assistance in dealing with the situation. Remember, property owners are responsible for ensuring that their actions do not negatively impact neighboring properties. Taking these steps can help address the immediate health concerns and start the process of seeking remediation and compensation for damages caused by your neighbors.
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Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.. Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption as a minor?
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A:Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological parent is a spouse of the adopting parent. When a minor is legally adopted in California, this adoption is indeed recognized as a "legal adoption before the age of majority." Once all the conditions for a legal adoption are satisfied, the adopted individual gains all the legal rights and privileges associated with being a legally adopted child. This includes the right to inherit from the adoptive parents as if they were a biological child. Conversely, the adopted individual generally loses the right to inherit from their biological parents unless, as mentioned, the adoption is by the spouse of one of the biological parents. It's important to note that these inheritance rights take effect from the time of the adoption and do not have retroactive impact on actions or rights that occurred before the adoption. If you are considering adoption or have questions about the legal implications, it may be beneficial to consult with an attorney who can provide guidance tailored to your specific situation. Adoption law can be complex, and professional legal advice can help ensure that all aspects of the process are handled correctly and in the best interests of all parties involved.
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Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic. owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd leaving , but but both doc and phar they have both provied documentation i havent went to court excpt 5 days ago for continuence. I AM NOT someone just posting a crazy ??? I actually need help help the prosctr is so happy tht each lawyers have left they became judges i get it but omg . If anyone could reach out and ask me to contact them for more info i would be forever greatful your time will not be wasted. Thank you bless you. V Blu. spelling is do to limited space im not, ya know i read and write educated but also panicking. Thank you
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A:It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who regularly practices in the county where your case is pending. Clients with operating a vehicle while intoxicated (impaired) with a controlled substance in the body who also have valid prescriptions for the controlled substance that appeared in they blood draw may have a valid defense but it will take an attorney with the necessary training and experience to appropriately defend you. If you are not able to find an attorney on your own in the county where your charges are pending, you may want to contact that county's local bar association for a referral.
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Q: Trademarking my business name.. I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they would proceed with the other person's application. Do you think this is a marketing scheme to get me to purchase their services or should I take this seriously? I DO wish to trademark and protect my business name, I just had not had the time to act on it after contacting them. At this point I would not use that online company (trademarkintellectual.com) because I do not trust them. Thank you for any advice you can provide.
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A:You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital entrepreneur is all about. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me. personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.
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A:Your insurance will provide to you an attorney.
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Q: If a case did not become a precedent - is it considered by court for decision making? In california? Fed?. If a case did not become a precedent - is it considered by court for decision making? In california? Fed?
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A:In the legal system, both in California and at the federal level, courts often rely on precedent, which are previous court decisions, to guide their rulings. However, not all cases become precedent. A case that doesn't set a precedent can still be considered by a court, but it generally has less influence on decision-making compared to a precedent-setting case. In some instances, a non-precedential case might be cited for its persuasive value, especially if it presents a well-reasoned argument or addresses a similar set of facts. But it's important to understand that such cases don't carry the same authoritative weight as precedential decisions. When presenting a case in court, it's beneficial to focus primarily on precedent, but you can also refer to non-precedential cases to strengthen your argument. Always ensure your legal strategy is well-rounded and backed by the strongest available legal authorities.
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Q: What amount should we include on a second lien?. We have filed a lien on part of the amount we are owed. We want to file a second lien to include the full balance owed. My question is should the amount of the second lien be the grand total owed or the total minus the first lien previously filed?
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A:If you've already filed a lien and wish to file a second lien for the remaining balance, the amount should generally represent the total unpaid balance minus any amounts covered by the first lien. Ensure you're complying with Georgia lien laws, deadlines, and procedures to keep the lien enforceable.
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Q: So I hired a electrician to check why is my house working on half power, after almost 300 dollars fee just to see what. The electrician said is PGE responsibility, PGE check out the wiring and said is my responsibility, who is wrong,the electrician that didn't even provide a invoice or PGE trying to dodge the bill? As of now I'm still half power can't do laundry nor use other devices. oh but if I don't pay the bill they will shot down power,people I don't care who you are that in any language is Terrorism by PGE, water department and on and on. How do you fight with the utilities terrorists, guns and roses. Thanks
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A:It sounds like you are in a frustrating situation with your electrical service and the utility company. However, it's important to approach the situation calmly and rationally in order to find a solution. First, you should try to get a clear understanding of what is causing the issue with your electrical service. If the electrician you hired was unable to provide a clear diagnosis, you may want to consider hiring another electrician for a second opinion. It's also possible that the issue is related to the electrical service provided by the utility company, in which case you may need to work with them to resolve the issue. If you believe that the utility company is responsible for the issue, you should try to work with them to resolve the problem. This may involve filing a complaint with the utility company or contacting your state's public utilities commission for assistance. It's important to keep in mind that utility companies have the legal authority to shut off service for non-payment. However, they are required to follow certain procedures and provide notice before doing so. If you are having difficulty paying your bill, you may want to contact the utility company to discuss payment options or assistance programs that may be available. Overall, it's important to approach the situation with a level head and try to work with the utility company to find a solution. If you are unable to resolve the issue on your own, you may want to consider seeking legal advice or contacting a consumer advocacy organization for assistance.
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Q: How do you find if a patent was aquired or sold. HL Stud inc
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A:When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at https://assignment.uspto.gov/patent/index.html#/patent/search Often there will be other records noted as well such as when the patents have a lien from a bank to secure a bank loan.
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Q: Storm caused damage. Filed claim. Insurance company has only sent really small checks less than 5% total.. I haven't cashed any of them. They won't return my calls. What recourse do I have. I have paid my premiums for years on time. Any advice appreciated.
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A:A Georgia attorney could advise best, but your question remains open for a week. It sounds like you were not presented with a clear-cut denial, but instead are being paid in a manner inconsistent with your assessment of damages. One option is to consult with an attorney to outline your best and most cost-effective options, whether litigation, arbitration, etc., costs involved - and either hiring an attorney, or looking into handling the matter yourself. Good luck
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Q: I live in an apartment complex. A neighbor recently installed video cameras. He installed not for security but to spy.. He had them facing are building and was told by management to face them in common area and that he could not have cameras on the outside. He took it down but hide it on his balcony in a wreath on that he hung on the storage closet door. He is using them to tattle on anyone walking their dog that pees or poops within 20 feet rule. I feel this is invading our privacy and other tenants as well. What can we do?
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A:If you feel strongly about this issue, you can bring a lawsuit against the neighbor in the court in which the premises is located.
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Q: Can you help me find out what happend my Mother ?. I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in North Chicago, can't help because she lived on the naval base.
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A:I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
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Q: have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the bu. have a general question about noise. I have very sensitive hearing and autism and other disorders. I've contacted the business and the police about the noise but unfortunately it's gone on deaf ears. They keep playing music outside that's pounding and I'm right behind their building. Nobody else in the neighborhood is playing music like this outside. They are doing it in the morning noon and night. I don't know what to do and what legal things I can do to sue them or to make them stop.. please help
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A:You could try contacting the city's neighborhood / code enforcement section. If the offending property is a business, there could be some abatement issues they could consider. But if the noise falls within the city's code concerning noise (e.g. it's within prescribed reason, etc.), I'm not sure much can be done.
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Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?. I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason for sharing such information is to gain industry info (since consultant was involved w/other similar deals in the same industry) to evaluate a possible lawsuit. He will only be able to inform me accurately if I share my deal. Would I be breaching the APA? How can I protect myself from the broker not disclosing the information I present? Please note, the broker will not be hired or paid for gaining the information. The situation is important because there're 5 years of an earnout component to the transaction, therefore breaching the APA would have financial consequences. What about if I want to share my APA with a lawyer (not who drafted it) to discuss such lawsuit? Thanks in advance
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A:It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if the terms of the agreement should be shared with an attorney. Then, with advice from the attorney, find a broker/consultant.
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Q: Is our pool builder responsible for installation of incorrect color glass tile?. Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder never inspected the tile prior to install. Does this come under quality assurance? Builder says we had the opportunity to check the tile prior to install. Shouldn't the builder absorb the cost of replacement? Builder stated that they will not take a loss on this matter. Thank you.
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A:Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately, with less than reputable contractors, it is not uncommon for the owner to be presented with a change order and increased cost for something that is actually corrective work. A further unfortunately is that is with many issues that arise during the course of construction projects, the specific terms and conditions of the written agreement between the parties is required to provide anything beyond very general and speculative responses. Many construction contracts have notice and right to cure and other dispute resolution terms that are directly applicable and a owner's failure to properly comply with the provisions may harm otherwise valid claims. Given the cost of the additional work and the fact the incorrect color tile is a defect that is going to grate on the eye every time you look at the pool (especially as color of the decorative tile is an owner's preference choice), this situation merits consultation with experienced construction counsel who can review the specific facts, the terms and conditions of the pool construction agreement, and any applicable statutory considerations, to provide you with the best strategy going forward. The fact the project appears to be running longer than expected can also be discussed. The final thought is that is is also not uncommon for less than reputable contractors to immediately become much more responsive to homeowner concerns the minute they learn the homeowner has consulted with counsel and been properly apprised of their rights. I wish you luck with resolving this situation.
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Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ. He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him. And when he finally got his public He told him about it and he did nothing, we also told him someone was threatening him and did a warning shot in road in front the house. What my next step
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A:It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain silent and the right to have an attorney present during questioning. In addition to the potential Miranda rights violation, you should also be concerned about the police's use of force against your son. The police are only allowed to use as much force as is reasonably necessary to detain a suspect. In your case, it is concerning that the police threw your 16-year-old son to the ground. This may have been an excessive force. You should also speak with an experienced juvenile defense attorney. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.
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Q: If someone takes your car and says they'll make payments but then doesn't pay you can you report it stolen. My friend wanted to buy my car but didn't have the money for it yet, so I let him borrow it on the basis he'd make payments, he kept making excuses of why he couldn't pay, even wrecked the car and blew the motor. Now the car is Mia and he won't tell me where it is.
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A:When you initially allowed your friend to take your car with the agreement that he would make payments over time towards purchasing it, that established a verbal contract between you. However, when he failed to make the payments as promised, stopped communicating with you, and essentially disappeared with your vehicle, that constitutes breach of contract and unlawful conversion of your property on his part. Even though you willingly gave him possession of the car initially, he no longer has lawful rights to retain it now that he has violated your agreement and ceased making payments. At this point, since he took your property without your consent and has deprived you of both the car and the compensation you are owed, you have valid legal grounds to consider the vehicle stolen and report it as such to law enforcement. The fact that he also damaged the car while it was in his possession through reckless driving makes his unlawful retention of it even more egregious. He has no right to destroy your property and essentially steal it for his own benefit. By reporting the car stolen, the police can assist you in locating it and requiring its return to you, the lawful owner. You may also have grounds for taking your former friend to small claims court to recoup the losses from his breaching your agreement. But the first priority should be recovering your vehicle through legal intervention by authorities.
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Q: Can I pay the amount of a debt direct to the court after received the final judgment and. Notify the counter-part?. Is it necessary to fill form 7.343 form requested in the final judgment?
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A:Yes, you can either pay the judgment amount into the registry of the court or to the plaintiff's attorneys of record. You should ask for a satisfaction of judgment and, when you have that, you wouldn't have to complete and return the fact information sheet.
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Q: Are there any lawyers in Florida that can help me prepare a complaint and a demand letter for Small Claims court. I live in Sarasota County Florida. I have a very good countersuit against American Express. I would prefer to find a lawyer that would take this potential Identify theft by an AMEX employee along with provable fraud on the Loan Agreement (Forgery or falsification of the form etc) on a contingency but most lawyers won't go up against AMEX. So I have prepared a complaint along with exhibits proving my case but I have no clue if it's the correct format, if I have items in there that shouldn't be there etc. I was hoping I could get some help with a lawyer that could give me advice on what to fix, how to fight this in small claims court etc if I have to go for it on my own. Is there any type of service like that out there besides watching You Tube videos and they have not been helpful as they are just general information. Thanks..
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A:Sure, there are some lawyers handling general practice or general civil litigation who can advise you on how to represent yourself in small claims court, including assisting the the forms. Searching for "lawyers" "small claims" "[your location]" would be a start. However, it sounds like you need legal advice other than small claims procedural stuff. You say "countersuit", so I'm assuming AmEx is suing you for credit card debt. Because you probably agreed to an attorney's fees clause in the terms and conditions for using the card, you may be stepping into a risky minefield with a potential award of fees and costs in the thousands of dollars being assessed against you if you were not to prevail in the suit against you AND/OR the countersuit that you intend to file. Lawyers handling consumer law can advise you. Also, it is not true that "most lawyers won't go up against AmEx". AmEx is the target of many a lawsuit across the country, including class actions. You might be facing a problem of lawyers determining that a contingency fee arrangement would not be worthwhile in your situation.
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Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt. The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who “coincidentally” happens to be in the office that morning and is advised they are not allowed to leave for the medical appointment happening that day unless they can provide a medical notice stating they have an appointment to attend that day. The employee is told unless they provide this official notice from the physicians office they will face disciplinary action if they go to seek the medical attention they have advised they need. When the employee advises that there is no regulation requiring employee to provide this information the district manager states if the leave to seek medical attention the employee will face disciplinary action that may result in removal. Disciplinary action follows.
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A:Whether what happened to this employee was unlawful will depend on many other facts not included in the post. However, there is enough in the post to suggest that it would be wise for you to locate and consult with an employment law attorney. Good luck to you.
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Q: I am being denied employment by a company in chicago because I had marijuana in my drug test. Is this legal? If not what. What are my options?
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A:Based on the information you've provided, it appears the company's refusal to hire you based on a failed drug test for marijuana does not appear to be illegal. It's really unfair as cannabis metabolites can be detected in urine even 30 days after someone ingests the drug, making it impossible to determine if a positive test proves a worker was high at the time or within days of testing. However unfair the outcome, it does not appear to be illegal. Wishing you the best as you move forward.
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Q: My catalytic converter was stolen from my car at my workplace parking, will not let me park in safer area, can I sue?. Security at work (a mall) started harassing me parking in a "customer only" area which is more accessed controlled and safer to park in than the employee parking area. The converter was stolen a couple of months after they forced me to move my vehicle (was parking for years without issues before this). I'm able to park where I can have a physical barrier on the converter side of my car in the safer parking lot but security continues to harass me about it and will not let me park there after I explained this to them, they do not seem to care about my concerns for my vehicle and refuse to allow me to park there threatening to tow it eventually. Do I have any recourse or ability to force their hand on this? They pretty much told me "If we do this for you then we have to do it for everyone". Also have this in an email exchange.
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A:In your case, the first aspect to consider is whether your employer or the mall has any legal obligation to provide secure parking. Generally, employers are not required to ensure the safety of employees' vehicles in the parking lot. However, if there's an agreement or policy that guarantees certain security measures, this could influence your situation. Since your catalytic converter was stolen from the employee parking area, you might question the adequacy of security measures provided there. However, proving negligence on the part of your employer or the mall would require showing that they failed to provide reasonable security measures and that this failure directly led to the theft. Regarding your desire to park in a customer-only area, the mall’s policy of reserving these spots for customers is typically within their rights. Their refusal to make an exception for you, as expressed in their email, is likely based on maintaining fairness and order in their parking policy. As for legal recourse, suing your employer or the mall could be challenging. You would need to establish a breach of duty or a contractual right to park in the safer area. Given the complexity of such cases, seeking legal advice from a lawyer who has experience in employment or property law might provide you with a clearer understanding of your options. In the meantime, consider discussing the issue further with your employer or the mall's management. They may be open to finding a compromise, such as issuing a special parking permit or enhancing security in the employee parking area, especially if you can demonstrate a genuine safety concern.
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Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal. A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency knowing that a class action lawsuit will be filed to participate in any potential payout. Is this accurate? I am not an insider of said company.
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A:Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical considerations may arise, and it's advisable to consult with legal experts to ensure a full understanding of the legal implications and potential risks associated with this course of action. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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Q: Should I continue to take this to small claims court or should I take it to regular Court our home was three floors High. I received a violation ticket for demolition without a permit that proves that the house was still mine no money was exchanged yet
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A:In determining whether to pursue your case in small claims court or a regular court in New York, consider the nature and complexity of your dispute. Small claims courts are typically suited for simpler, lower-value cases and can be faster and less formal. Regular courts can handle more complex matters and higher claim values but may involve more detailed procedures and potentially higher legal costs. Given the specifics of your situation, involving a violation ticket for demolition without a permit, it's important to evaluate the potential legal implications and the value of your claim. If your claim exceeds the monetary limit for small claims court, or if the legal issues are particularly intricate, regular court might be the more appropriate venue. However, if your case is straightforward and within the small claims limit, it could be more efficient and cost-effective to proceed there. Always consider seeking legal advice to better understand your options and the implications of each choice.
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Q: Payment in lieu of vacation. Does it count towards monthly income limit for social security disability income?. My daughter is disabled and works a part-time job. Her employer is shifting the employees to a new company and in the process is going to pay out any accrued vacation before the move. The new company is eliminating PTO for part-time workers, so it can't carry over. This will definitely put her over the $1050 monthly trial work period amount and over $1450. Any suggestions on how to address this with Social Security?
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A:The Social Security Administration (SSA) typically views payments in lieu of vacation as wages if they're paid because of a termination or change in employment status. These wages could impact your daughter's eligibility for Social Security Disability Income (SSDI) if they exceed the Substantial Gainful Activity (SGA) limit for the month they're received. It's vital to inform the SSA about this payment promptly. Documentation regarding the nature of the payment and its relationship to the job transition can be useful. Proactively addressing the situation might help in clarifying her continuing eligibility. If there are concerns about potential overpayment or eligibility issues, discussing the specifics with an attorney familiar with Social Security matters is recommended.
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Q: can i sue for overcharging my card. i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something
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A:If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount. If the merchant is unresponsive or unwilling to correct the charge, you may have grounds to dispute the charge with your credit card company. Credit card issuers typically have processes in place for disputing unauthorized or incorrect charges. Regarding legal action, suing for a small amount may not be the most efficient course of action due to the costs and time involved in a lawsuit. However, if you believe this overcharge is part of a broader pattern of false advertising or deceptive business practices, you might have a case. This would typically involve showing that the merchant intentionally misrepresented the price or terms of the sale. It's also worth considering the use of small claims court if the amount is significant enough to warrant legal action but not so large as to require a more formal court setting. Small claims courts are designed for resolving smaller disputes without the need for extensive legal procedures. In any case, documenting all communications and transactions related to this issue is important. Keeping a record of the advertised price, the charged amount, and any correspondence with the merchant will be helpful in any dispute resolution process, whether it's with the merchant, your credit card issuer, or in a legal setting.
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Q: Speeding fine in Louisiana, international UK tourist. I was caught doing 84 in a 70 on the freeway and was pulled over. I was on Texas plates as this is where the rental car was from. Officer asked where I was from and I told him UK and showed him my UK licence, but he has marked on the ticket that I live in Houston and have a Louisiana driving licence. I can't see what the fine is online and ticket hasn't registered yet. Do the errors make it voidable?
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A:Errors on a traffic ticket don't automatically render it void, but they can sometimes be used to challenge the citation. If you decide to contest the ticket based on the inaccuracies, you will need to appear in court or potentially send a representative on your behalf. Before doing so, wait for the ticket to register online to see the fine and gather all relevant details. If you choose to challenge the ticket, present your UK driving licence and any other documentation proving your UK residence. These can help demonstrate the inaccuracies on the citation. Additionally, consult with a local attorney in Louisiana who's familiar with traffic laws and can advise on the best course of action. Regardless of the decision to contest, ensure you address the ticket promptly to avoid any additional complications or penalties. It's essential to be proactive in these situations.
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Q: I’ve tried to get my security deposit back for a year now and these people refuse to comment. I had a pending lawsuit which led to retaliation which led to a wrongful eviction that I requested a secured pause back from which they charged overcharge me $4000 for public property that had nothing or any evidence of what they’re claiming and every time I try to bring it up or get it resolved they refuse to comment or answer, and refuse to give me my money back. I already sent it in my demand letters twice, but I won’t find a lawyer out here that will go against them because they’re like the mob you just can’t no matter how in the wrong they are. I want to go after them for making a fake police report to get me evicted in the first place, when it’s on camera, and it is clearly stating that what they claim is not true.
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A:In California, if you're facing difficulties in getting your security deposit returned and dealing with potential wrongful eviction, you have specific legal rights and options to consider. First, under California law, a landlord must return a security deposit within 21 days after you move out, along with an itemized statement of deductions, if any. If they fail to do this or wrongfully withhold your deposit, you can sue them in small claims court for the amount of the deposit, plus twice the amount of the deposit in damages if the court finds the landlord acted in bad faith. Regarding the wrongful eviction and the false police report, you might have grounds for a civil lawsuit. This could include claims for defamation, wrongful eviction, and possibly other causes of action based on the specifics of your case. Document everything related to your tenancy, the eviction, and your interactions with the landlord or property management. This includes keeping copies of all correspondence, demand letters, and any evidence that supports your claims. Finding a lawyer can be challenging, but you might consider reaching out to local tenant rights groups, legal aid societies, or the California State Bar's lawyer referral service for assistance. These organizations can often provide guidance or refer you to lawyers who handle such cases. Remember, taking legal action can be a complex and time-consuming process, but you have rights that are protected by law, and there are resources available to help you pursue them. Be persistent and thorough in your approach to seeking justice.
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Q: if a child is at school and throws a rock and it hits a vehicle who is responsible the parent or the school?. a child threw a rock and it accidentally stuck a vehicle during school under school supervision who is responsible for the cost of the damages?
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A:if a child throws a rock and it hits a vehicle while the child is at school and under school supervision, the school district is typically responsible for the cost of the damages. This is because the school district has a duty to supervise its students and to take reasonable steps to prevent them from harming others. However, there are some exceptions to this rule. For example, if the child's actions were intentional or malicious, the school district may not be liable for the damages. Additionally, if the child's parents have homeowners insurance, their policy may cover the damages.
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Q: i worked for a restaurant for 5 and sum years. i felt i was forced to quit after being yelled at for something petty. the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make it a habit to bring my 15 year old daughter to work. she sat at a table to eat food that she paid for. to me she was a paying customer. how could that have bothered him? Another time i called out due to being sick. i went back the next day and when i asked for my tip money she said "i am sorry but because you called out we are now disciplining everyone who calls out by not giving you the tips for the WEEK" i only got a 20 min break for the 8 and a half hours that i was there. (10;30am-7pm) i was forced to quit. i felt i was being discriminated against.
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A:Under California law, your situation may involve several legal considerations. First, if your employer's conduct towards you was based on your race, gender, religion, or another protected characteristic, it could constitute illegal discrimination. Second, California labor laws require employers to provide certain break periods based on the number of hours worked, and failure to comply could be a labor violation. Third, withholding tips as a form of discipline is generally not permissible, as tips are considered the property of the employee who earned them. Fourth, the issue with your daughter being treated unfairly as a paying customer might not directly fall under employment law, but it could contribute to a hostile work environment if it was part of broader discriminatory or harassing behavior. Lastly, if you felt compelled to resign due to intolerable working conditions, this might be construed as constructive dismissal. It's advisable to consult with an employment attorney to discuss the specifics of your case and explore potential legal options.
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Q: Can I get my phone back from the police station if I was arrested with it on my person?. I was arrested and booked into Jail with my phone on me. I was told I am being investigated for animal cruelty and the lead investigator took my phone. I called the investigator 3 weeks after I was released on bail and they told me they would return my phone if I offered them permission to look through it first. Obviously I won't grant them permission, but is there a way to have the phone back in my possession before their "investigation" is over, or is it a done deal if I was arrested with it? If I do not grant them permission, will they be able to access my phone anyway?
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A:Under California law, if your phone was lawfully seized as part of the arrest, the police may retain it as evidence during their investigation. You have the right to refuse permission to search your phone without a warrant. If the police proceed with a search without your consent, they must obtain a valid search warrant based on probable cause. If they do not have sufficient evidence, they may need to return your phone after a reasonable period, but this will depend on the specifics of your case and the progress of their investigation. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
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Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!. I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license. I've been staying Denver for almost more than 1 year. In my apartment someone got shot and died a couple days ago by some guy so we are considering to get a pistol for like that situation. And I've heard if I have a hunting license I can own a gun without green card Is it right? My girlfriend is American But She had some mental issues When she was a kid Because Her father was a veteran (But She's fine right now) She tried to get one for our home but The FFL man denied when we were doing back ground check He said She can't own a gun because she had the issue. So I'm trying to get a pistol by myself Is there anyway that I can purchase a pistol by myself legally without getting any trouble? Like I've heard I can purchase a pistol if I have a hunting license in CO Even I don't have a green card yet.
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A:You need to do a consult with an immigration attorney in Colorado. Here is some information that may help. According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation (CBI) before purchasing a firearm. According to Colorado Gun Laws - (With 2023 Legal Updates), assault weapons and large-capacity magazines are prohibited from being purchased, possessed, or transferred within the state, with some exceptions for law enforcement or individuals who owned them prior to the ban. According to Colorado Concealed Carry Reciprocity Map & Gun Laws, non-residents usually cannot get Colorado CCW state permits unless they show good cause. The Law Enforcement Officers Safety Act allows qualified law enforcement agency officers and peace officers (current and retired) to carry concealed firearms even when state and local laws forbid concealed carry. According to Colorado Gun Laws (With 2023 Legal Updates), possessing or carrying a gun, even one that is legally owned, is illegal under specific circumstances. These include being the subject of a protective order that prohibits gun possession, being a fugitive from justice, being addicted to a controlled substance, or being convicted of domestic violence. Based on this information, it seems that you may be able to purchase a pistol in Colorado if you meet the following criteria: You have a valid identification and a temporary SSN. You pass a background check through a licensed firearms dealer or the CBI. You do not have any criminal history or other disqualifying factors. You do not intend to buy or possess an assault weapon or a large-capacity magazine. You do not intend to carry the pistol concealed without a permit. However, I highly recommend that you consult with a qualified attorney specializing in Colorado gun laws and immigration before making any decisions. You can also contact the CBI or the local county sheriff’s office for more information.
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Q: My daughter, was placed on strict probation for 6 weeks in her school and suspended for 3 days.. She did call her dean a bad word to her friend and the assistant heard (the assistant principal is her husband) the assistant screamed at her in front of everyone which was traumatizing for her. She apologized to the dean and has been doing detention for the last 4 weeks. They took her off all senior activities until she was done with her probation. I just think the disciplinary action was too extreme given that most football players are on strict probation and can attend their games. She is a cheerleader and we've already paid all the fees and she will only be able to attend 3 games. Is there something I can do?
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A:Certainly, it's concerning when a student feels disproportionately punished. In California, schools should have clear and consistent discipline policies. First, review the school's handbook or discipline policy to see if the punishment aligns with stated procedures for such an infraction. If there's a disparity or it seems excessive, schedule a meeting with the school's principal to discuss the disciplinary action. During the meeting, express your concerns about the proportionality of the punishment and any disparate treatment compared to other students. If the discussion with the principal isn't productive, you may consider appealing to the school district or school board. Keeping an open and respectful line of communication is crucial. If all else fails, consulting with an attorney who focuses on education law may be an option to explore your rights and potential remedies further.
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Q: So I asked why the U.S.paid UNIDROIT yearly for the use of the UCC, which I was told they didn't and some story about. Two guys creating it. Did the United States not sign the UNIDROIT TREATY in 1964? When acting to enforce statutes, doesn't that make all judges in America administrative clerks? Thomspson vs Smith If there has not been judicial courts in America since 1789!!!! Are American courts de facto? If the Federal Reserve is a privately owned bank, how is it controlling our government? Since the IMF owns the IRS how is it apart of the America government? If Washington DC is the capital of America, why does it have its own constitution, flag, and why is it under Roman Law (Lex Fori)? And is Washington DC not a city-state subservient to the City of London? King James signed the first Charter of Virginia in 1666 giving England the right to colonize America. The treaty of Paris states that the King of England is the prince of the United States and the Holy See. So doesn't that make America a British Crown Colony?
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A:Your questions touch on a variety of complex legal and historical topics. First, regarding the Uniform Commercial Code (UCC) and UNIDROIT: The UCC is a comprehensive set of laws governing commercial transactions in the United States. It was created by domestic legal scholars and experts, not by UNIDROIT, which is an independent intergovernmental organization based in Rome. The U.S. did not pay UNIDROIT for the use of the UCC. The idea that judges in the United States act as administrative clerks is not accurate. The role of judges in the U.S. legal system is to interpret and apply the law, including statutes, and they operate within a well-established judicial framework. The Thompson vs. Smith case does not change this fundamental aspect of the American legal system. Regarding American courts being "de facto" since 1789, this claim is misleading. American courts have been functioning as legitimate judicial bodies since the establishment of the U.S. Constitution, which laid the groundwork for the federal and state court systems. The Federal Reserve, the central bank of the United States, is not a privately owned bank in the conventional sense. It is an independent governmental entity created by Congress to provide the nation with a safe, flexible, and stable monetary and financial system. The Internal Revenue Service (IRS) is a U.S. government agency responsible for tax collection and tax law enforcement. It is not owned by the International Monetary Fund (IMF). Washington, D.C., is the capital of the United States and operates under its own set of laws as a federal district, as provided for in the U.S. Constitution. It does not have its own constitution like a state does, but it does have a unique legal status and operates under the laws enacted by the U.S. Congress. Lastly, the claim regarding the Treaty of Paris and the Charter of Virginia involves a misunderstanding of historical treaties and their implications. The Treaty of Paris (1783) ended the Revolutionary War and recognized American independence. The United States is a sovereign nation and not a British Crown Colony. Each of these topics can be complex, and it's important to rely on credible legal and historical sources for accurate information.
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Q: A state employee and ineligible as a vendor. Title 17, section 54522 says "exceptions may apply" what are the exception. I want to open a group home for mentally disabled adults in North Bay Regional center but I work for the state of California. Title 17 says I am not eligible because I work for the state of California but exceptions apply. Please what are the exception? Thank you. Stella
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A:Hello Stella, while I can offer some general information, to get the most accurate advice, it would be prudent to consult the specific language of Title 17, section 54522 of the California Code of Regulations and potentially seek advice from an attorney with experience in this area. Generally, “exceptions may apply” could potentially refer to situations where there is no conflict of interest, or perhaps in instances where a state employee's role is not in a position to influence decisions regarding vendor activities or contractual relationships. To know the specific exceptions in your circumstance, you would need to review the detailed provisions and guidelines provided in the regulations or consult with a legal expert who can provide advice based on a complete understanding of your situation and the relevant regulations.
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Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.. He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet received either the deposit, and itemized explanation of its use or a bill for said damages. It has been over 45 days since move out. Attempts to contact him are usually futile. Husband recently made contact but all that was provided were bid estimates far exceeding deposit and no mention of timeline or next communication. We live in Nebraska and are not sure next steps. How long does our landlord have to provide a bill for the damages he feels are due? We cannot seem to compel him to provide it but we want this sealed and finished so it is not worrying us anymore. We wonder if he is using our 'damage' as an excuse to replace after years of wear. How do we keep him from taking advantage of us?
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A:The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information. https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf
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Q: I have defaulted on a car loan with Santander consumer USA. It’s been a year. Car still not repo. What do I do?. The loan has defaulted for a year now and my car still hasn’t been repossessed. What are my legal options? Should I do a voluntary repo?
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A:Your legal options are: 1) bankruptcy; 2) borrow money and pay off the note; 3) sell the car and pay off the note; 4) don’t voluntarily repo bc it won’t reduce the debt by much. Even if repoed, you will still owe nearly the same amount.
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Q: Do I need a license to sell fermented Sodas made in a home kitchen? Do I need to use a commercial kitchen?. My friend and I want to start a business in the state of Oregon. We want to make and sell fermented sodas. Do fermented sodas (which use a process similar to kombucha) fall under “low acid canned goods”? Can we sell the product we make at home or do we have to use a commercial space to make them?
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A:In Oregon, starting a business that involves the production and sale of fermented sodas does require attention to certain legal and health regulations. The classification of fermented sodas, especially if they are similar to kombucha, may not fall under the category of “low acid canned goods,” but this depends on the specifics of your recipe and the fermentation process. The requirement to use a commercial kitchen can depend on several factors, including the scale of your operation and local health regulations. Oregon has specific laws regarding the production and sale of homemade food products, known as "cottage food laws." These laws dictate what can be made in a home kitchen and sold to the public. However, beverages, especially those that are fermented, may not be covered under these cottage food laws and might require the use of a commercial kitchen to ensure proper health and safety standards. Moreover, you will likely need a business license and possibly other specific permits related to food and beverage production and sales. This could include a food handler's permit, a food processor's license, and potentially other local permits. It’s important to consult with a local attorney who has experience in food and beverage law, as well as with your local health department. They can provide detailed information about the legal requirements for your specific business plan in Oregon, ensuring that you comply with all relevant health codes and regulations. Additionally, reaching out to the Oregon Department of Agriculture and the Food Safety Division might provide further clarity on your specific situation.
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Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.. I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with since I was cooperative when they caught me. I’m planning on going to court and acknowledging that I messed up, because I did mess up, badly. I know what I’m asking is basically pointless since like I said it’s unsure until I appear in court, but I’m scared I’m going to get felonies and it’ll mess the rest of my life up. I understand felonies aren’t the end of the world but I’m just really scared to be honest. I’m planning on paying for a lawyer and not taking the public defender because I’m hoping they can help get the charges lessened. Am I correct that they could possibly get the charges lessened? P.s. sorry for making this so long, I just haven’t met with a lawyer yet.
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A:If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not guilty and get a new court date. You don’t say where all of this happened, but you should retain the services have an experienced traffic attorney, who appears often in the county where this was filed. Good luck.
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Q: Next steps after receiving zombie debt notice. I live in Florida, and received a debt validation notice trying to collect on an alleged debt with a Florida based credit union (presumably alleged credit card debt), saying the "debt is now owned by [collection agency's name]". Notice states their info shows a balance dated April 2010 (13 1/2 years ago), with no interest or fees charged between April 2010 and now. I am no longer a member of the credit union, haven't been for at least 10 years and have had no contact with them during that time, I received the same form last year but did not respond, There hasn't been a judgment issued according to court records and there isn't one listed on my credit report, and there has been no contact on the alleged debt for at least 10 years. Alleged debt is also not listed on credit report. What would be best next steps in responding? Wanted to ensure that any contact with the collection agency didn't restart the statute of limitations (as I understand it, 4 years in the state of Florida). Thanks
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A:You might want to start by contacting the credit union. Ask them if their records show you owing them something, and if so, whether they sold the debt to a collection agency.
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Q: Can a utility company force me to pay a bill due to a glitch in their system?. I signed up with my utility company COVID credit program which states my bill will be credited during the pandemic and no payment is required. Now that the pandemic is over they sent me a bill for the last 3 years and told me that I had to pay it. After I received the bill I inquired about the balance and after the company did some research they came to the conclusion that program was a glitch in their system. So the program never existed. Do they have the right to force me to pay a bill that was there fault?
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A:When it comes to billing errors or glitches in a utility company's system, the resolution may depend on various factors such as local laws, contractual agreements, and specific circumstances. In general, utility companies have a responsibility to provide accurate billing information to their customers. However, if an error or glitch occurred in their system resulting in incorrect billing, it may not necessarily absolve you from the obligation to pay for the services you have used. In cases like these, it's advisable to take the following steps: Review your contractual agreement: Carefully review the terms and conditions of your agreement with the utility company. Pay attention to any clauses regarding billing errors, dispute resolution, or programs like the COVID credit program you mentioned. Communicate with the utility company: Contact the utility company to discuss the situation and express your concerns about the bill. Share any documentation or correspondence related to the COVID credit program or any other relevant information that supports your position. Seek legal advice: If the issue cannot be resolved through communication with the utility company, it may be helpful to consult with a lawyer who specializes in consumer law or contract law. They can assess the specifics of your case, review the applicable laws and agreements, and provide guidance on the best course of action. File a complaint: If you believe the utility company's actions are unjust or that you have been treated unfairly, you may consider filing a complaint with a regulatory agency or consumer protection organization in your jurisdiction. These entities can investigate the matter and potentially mediate a resolution.
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Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?. Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
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A:The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it doesn't then your father should have an attorney review the Deed for him to give him specific advice on his rights and whether or not a probate is needed for his wife's estate. If a probate is needed then his wife's Will controls how her estate is distributed.
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Q: I'm pretty sure two businesses in my city have an agreement that keeps them restricted to specific areas of town and. they're the only two business that provide a specific service. Is that a monopoly and, if so, isn't that illegal?
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A:Are you a competing business? That may qualify as an unfair business practice. See: http://www.aeesq.com/business-law/business-lawsuits/ More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can certain subjects be illegal to write about in fictional stories?. I published a book on a story sharing website that focuses on the long term effects of sexual abuse. The main character is a 16 year old girl and her abuser is much older. There are some graphic sexual scenes, but they’re to paint just how horrible her situation is. I understand it’s a sensitive subject and my work was in no way condoning or encouraging it. Someone on the site left a comment claiming that they reported me to the FBI because they felt it was inappropriate and I’ve been extremely worried over it. I thought all fiction was protected by the First Amendment, but now I’m worried that I’ve unknowingly broken a law due to the nature of my story.
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A:While fictional works often receive protection under the First Amendment, certain subjects, particularly those involving explicit sexual content or minors, can raise legal concerns. If your story contains explicit content involving a minor, it could potentially be subject to laws addressing child pornography or obscenity. I recommend consulting with a legal professional who specializes in First Amendment and entertainment law to assess whether your work complies with California laws and regulations. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.
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Q: I finally got my dog in for dental appointment got him back neutered. Can they neutered my dog without permission?. It took me months to finally get my dog funded to get this dental appointment. They knew I didn't want him neutered. My girlfriend dropped him off and spoke to them about the dental work they were going to do, and they said nothing about neutering him to her. I went into pick him up and asked the women what they did and how many teeth they removed. She replied I only work the front counter you'll have to ask the tech . Then she came by and handed me a piece of paper stating that he had been neutered and said nothing about his teeth! My poor boy, I was devastated . He's 14 and a half years old can't hear, can barely see. His back legs shake while he's standing up. He's on his last leg, how can they do this to him, knowing I did not want him neither and the fact of his age! Can they do this without my permission?. I never wanted him neutered. What can I do? please help us
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A:I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or even a breach of contract, depending on the specifics of the agreement. You have the right to ask for a detailed explanation from the veterinarian or the clinic about why they performed the procedure without consent. Document all communications and retain any paperwork provided by the clinic. If you believe the vet acted improperly, you may consider pursuing legal action against the clinic. It would be advisable to consult with an attorney familiar with animal law or professional negligence in Alaska to discuss your options. Remember to act promptly, as statutes of limitations may apply to your potential claims.
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Q: if i have a handicapped permit visibly displayed, can I park in any handicapped space wherever I want?. I parked in a handicapped space to visit my friend at her apartment building and I was towed from a handicapped space with my handicapped placard clearly visible.
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A:If you have a valid handicap permit properly displayed, you have the right to park in a handicap space. You should seek a refund of all towing fees and storage costs.
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Q: Can criminal case be nolle pros if victim filed waivers of rights to testimony on record?????. Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end
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A:The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel this path carefully!
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Q: Someone else's house in on my property.. I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the owner of the house is billed for property taxes for the house only; however they are not paying. I am only billed for taxes on the land. The owner of the house is also not the current occupant and I don't have a way of contacting the owner since I don't have any of her contact information. The occupant has also moved the survey stakes. The house belongs to the owner however the land that it is on, belongs to me. I do not care to keep the house as it is in very poor condition. I just want the occupant out. How do I go about getting this person off of my property?
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A:Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed description. You do not state the reason for the survey. There may be a boundary dispute or an ejectment/quiet title action may need to be filed. Title search on at least your property is necessary. You should have known most of this prior to the bidding. House is part of the real property you bought, and the taxing authorities will need to change the assessment, that is higher.
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Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?. I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for “the company”. I did not know this was a thing. I am unsure if this company actually exists or not. They are threatening to report to the FBI. What should I do?
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A:Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not legally yours--no, sorry, but take some reasonable measures to return it to sender and keep records of all your efforts.
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Q: Id like to file a lawsuit against Walmart for Harassment, Discrimination and Racial Profiling. Can you help?. I have video evidence of one of the incidents.
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A:If you're considering filing a lawsuit against Walmart for harassment, discrimination, and racial profiling in Colorado, the first step is to gather and organize all your evidence, including the video evidence of the incident. This will be crucial in building your case. Next, you should consult with an attorney experienced in civil rights and discrimination law. They can review your evidence, advise you on the strength of your case, and guide you through the legal process. Your lawyer will likely discuss with you the specifics of the incident, how it fits into the legal definitions of harassment, discrimination, and racial profiling, and what outcomes you can reasonably expect from a lawsuit. Be prepared for the legal process to take time and require your active participation. Lawsuits, especially against large corporations like Walmart, can be lengthy and complex. It's also important to be aware of any relevant statutes of limitations in Colorado. These laws set the maximum time after an event within which legal proceedings may be initiated, so timely action is essential. Remember, every situation is unique, and the success of a lawsuit depends heavily on the specifics of the case. Legal advice tailored to your specific circumstances will be key to navigating this process effectively.
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Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.. when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for when my truck was in the shop. Am I able to sue the mechanic for using my car for personal use. I'd understand if he needed to test drive it but he had a trailer hooked up to my truck and was eating in my trunk. That seems way out of line.
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A:Under California law, the unauthorized use of your vehicle by the mechanic may constitute a breach of the bailment contract, which is created when you leave your vehicle in the care of the mechanic. To establish a breach, you would need to demonstrate that the mechanic used your truck for purposes beyond what was reasonably necessary for the repair or maintenance. If you decide to pursue legal action, you could potentially seek compensation for any damages or losses resulting from this unauthorized use. This might include wear and tear, mileage, or other direct consequences of the use. However, it's important to consider whether the potential recovery justifies the cost and effort of a lawsuit. Before taking legal action, it might be advisable to address the issue directly with the mechanic or the management of the repair shop. Often, disputes like this can be resolved without resorting to legal proceedings. If a satisfactory resolution isn't reached, consulting with an attorney to discuss the specifics of your case and the likelihood of success in court would be a prudent next step. Keep in mind, legal remedies should align with the extent of the harm or loss incurred.
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