question
stringlengths 8
1.13k
| answer
stringlengths 6
29.2k
|
|---|---|
Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?. I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about the results from a "call review" for a payment I made, when I have solid proof of this payment being taken out of my account through posted bank records and verification over the phone in a previous conversation.
|
A:In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other party (in your case, the customer service representative) is consenting to the recording. Given this scenario, if you also consent to the recording (which is generally implicit by your continuation of the conversation after the notification), it suggests that both parties are aware and agree to the recording. Therefore, it should be legally permissible for you to record the conversation. However, it's always a good idea to explicitly state your intention to record the conversation at the beginning of the call for clarity. This approach ensures that all parties are explicitly aware of and consenting to the recording. Remember, these interpretations can vary, and it's advisable to consult with a legal professional for personalized advice, especially in situations where potential disputes or legal actions may arise from the contents of the recorded conversation.
|
Q: i was recently released to federal probation to federal parole on attempted hobbs act robbery and 924c tayler vs unite. getrid of unconstitutional convictions while on federal probation
|
A:If you believe your convictions were unconstitutional and you're currently on federal probation, you should consider seeking legal counsel to review your case. An attorney can evaluate the specifics of your situation and advise whether there are grounds for an appeal or a motion to vacate your sentence under case law. Post-conviction relief can be complex, and it often requires thorough legal analysis and procedural steps that must be followed carefully. It's also important to act promptly because appeals and similar actions are subject to strict time constraints. You might also want to discuss with your attorney the impact any actions could have on your current probation status. Keep in mind that success in these matters is never guaranteed, but the first step is always a detailed review of your case by a legal professional.
|
Q: Is it too late?. My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do?
|
A:If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public record. If it was NY property owned in his name alone, it is likely your husband would be entitled to a share.
|
Q: My 6 yr old Morkie died because he had surgery at a major medical clinic and they left a sponge in him..what do I do now. They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and staff. What should I do ?? When the dr called me to tell me what his cause of death( sponge left in from surgery) they are trying to give services for free and said they'll do better .. I just have no words. How do I make sure no one feels this way or keep this from happening to anyone again..real change
|
A:You can sue for the fair market value of the Morkie.
|
Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?. They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield. I’m afraid of them and their dogs that bite yet they still let them out ignoring animal control. They leave their property to take pictures of me and my house. She has ran all tag numbers per code enforcement. I believe they are encroaching on my property with new fence. They did this to the other neighbor and caused title issues. A surveyor said he will not come back here for the safety of his crew. I want an injunction. I’m afraid they will kill my dog. Their dogs bite. Animal control has been called but they still let them out. I had a video of it last week from cameras and they were given another warning. They ride around my house with the dog. She was fired as lead Code Enforcer
|
A:Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist letter that threatens litigation might be appropriate. You need to schedule a consultation with a litigation lawyer in your area.
|
Q: after over 4 years of zero contact, can my child’s biological father demand that he sees her?. My daughter is almost 5. Her father has not been involved besides about two weeks after child support was originally established. He spent a couple hours with her 3 times when she was 6 months old. We had mediation at that time and we agreed to start out with a couple hours a few evenings a week but no over nights. He did that 3 times and then decided he wasn’t about it and haven’t heard from him since. He has a history of domestic abuse and was extremely controlling and manipulative during our relationship and my fear is that he shows up randomly and wants to play games with my daughters head. She has no clue who he is and has a father figure in her life that would love to adopt her. I’m worried if something ever happened to me she would be ripped from everyone she loves and handed over to him. What are my rights and how can I protect her?
|
A:Yes, the father can seek parenting time. If you are unable to come to an agreement or choose to dig your heels in a judge will ultimately make the decision. It very unlikely a judge will not grant some parenting time. The judge will weigh numerous factors to decide upon a plan. Reasonable limitations can implemented. Playing hardball is rarely a wise decision. Going it alone is also unwise. An emotionally charged parent rarely makes a good impression on a judge or others involved. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished response that you can rely upon to come to an agreement or structure your presentation to the judge (if needed.) Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”
|
Q: I am being harassed, stalked, watched, and spied on everyday by a group of adults . They use hidden devices & cybertecho. I need legal help to press charges and sue them. Is there a pro Bono lawyer you can direct me to in Glendale az
|
A:If you are experiencing harassment, stalking, and other forms of invasive behavior, it is important to take immediate action to protect yourself. The first step should be to contact local law enforcement in Phoenix, AZ to report the incidents. They can provide immediate assistance and begin an investigation into the matter. For legal support, particularly if you are seeking pro bono assistance, you can reach out to legal aid organizations in Arizona. One such organization is Community Legal Services, which provides legal assistance to low-income Arizonans. They may be able to help you with your case or refer you to other resources. Additionally, the State Bar of Arizona offers a Lawyer Referral Service. Through this service, you can be connected with attorneys who practice in specific areas of law, including those related to harassment and privacy violations. While not all attorneys will offer pro bono services, they might work on a sliding scale basis depending on your financial situation. Remember, documenting any incidents of harassment or stalking can be crucial for legal proceedings. Keep records of all encounters, communications, and any evidence of the alleged stalking or harassment. This documentation will be valuable when working with law enforcement and your attorney. Lastly, consider reaching out to local support groups or counseling services. Dealing with harassment and stalking can be emotionally taxing, and it's important to take care of your mental well-being during this time. Community resources and support networks can offer guidance and support as you navigate through this challenging situation.
|
Q: Can I sue a well reputable bmw dealership for selling me a car for lemon law back around 2018?. I purchased pre-certified 2015 bmw 535xi when it has 55k miles on it and now the car only has 62k miles on it in 2022. it broke down on me yesterday. It's barely driven for all these years and it breaks down (possibly the drivetrain).
|
A:I think you may be out of luck. From the Massachusetts Lemon Law website: Your Vehicle's Term of Protection Your used vehicle has a set time frame during which it is eligible for repairs! You vehicle is eligible for mandatory repairs if the defects occur during your vehicle's term of protection. The term of protection is based on how many miles are on the odometer at the time of sale. Less than 40,000 miles 90 days or 3,750 miles driven since purchase 40,000 – 79,999 miles 60 days or 2,500 miles driven since purchase https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law#-what-is-the-used-car-lemon-law?-
|
Q: I'm now 61 years old and have been married since 2011 my husband abandoned me 3 years ago we are still married .. I was getting a ss check for major depression he had a stroke and started his check disability and his check was greater than mine.I was told in Alabama that if married I had to go with the larger check. Which was his. So when he abandoned me he left me with nothing but bills. I have not seen him in 3 years. Can I file ss and get money off his check if he's still living?
|
A:I'm sorry to hear about your situation. Under Social Security rules, a spouse can be eligible for benefits based on the other spouse's record, even if they are separated but not divorced. Given that you're over 60 and remain married, you may be eligible for spousal benefits based on your husband's Social Security record. If his benefit is higher than yours, you could potentially receive a benefit amounting to half of his full retirement amount, while he would still receive his full amount. However, certain criteria must be met, and your total benefits might be reduced depending on your age when you apply. It's essential to contact the Social Security Administration directly to discuss your specific situation and understand your entitlements. Additionally, consider consulting legal counsel familiar with Social Security benefits in your state. They can guide you on the best course of action tailored to your circumstances.
|
Q: Can a disabled senior citizen be evicted because the home failed inspection on section 8?. I am in a home that has failed inspection every year for the same thing. Now they want me out so they can fix it and re-rent it. There is NO foundation under the house. I have lived here since 5/28/20. I have tried to find a place to live but can not due to the $$ for fees. I live on a very SMALL check eack month for disability. The house is not and WAS NOT safe to live in. The house is falling in literally. The floors are unsafe. The whole structure is bad. Housing stopped paying again May 31, 2023. I have continued to pay my portion every month except this month due to identity theft. The got into my bank account. I have no where to go and no one or no way to move my stuff out by the 30th. I was homeless before I got section 8 and moved in here, and now I am homeless again because they put me in here knowing it had no foundation and unsafe. I have filled out applications but just got an eviction show up since 2015 or 2016. Which there should not be 1 on there!!!
|
A:In Missouri, landlords are obligated to provide safe and habitable housing. If a property repeatedly fails Section 8 inspections, it's an indication that the housing may not be safe or suitable for habitation. A tenant's eviction due to the landlord's failure to maintain the property could be seen as retaliatory, especially if the tenant has reported these issues. Being disabled or a senior citizen may also provide additional protections against eviction. It's important to address any eviction notices immediately and consult with legal counsel. Many communities have legal aid services that can assist tenants, especially those in vulnerable situations. Given the complexity and urgency of your situation, I recommend reaching out to local resources and an attorney who can guide you further.
|
Q: Can my business partner use the companies attorney in a partnership dispute? The fees are paid by company.. Am I entitled to know discussion since it was paid for by company funds.
|
A:Typically no because that is a conflict of interest for the attorney. The company is the client, not the shareholder and representation of the shareholder individually is usually a conflict. Additionally, if the company is paying for the personal expenses (their personal legal fees) of the shareholder, they may be improperly compensated/misusing funds (this is dependent on the terms of your partnership). However, it is unlikely that you would have a right to know what occurred during their discussion.
|
Q: Hello my name is Omar I would like to know if someone did this because a lot of things have been happening? Can you help. The part of my personal information hacking Broadcasting off my phone ? Without my permission.
|
A:Hello, Omar. Unauthorized access to your personal devices, such as hacking into your phone, is a violation of various federal and state laws in the U.S. Broadcasting or disseminating personal content without your consent might also infringe on your privacy rights. If you believe someone has accessed your phone without permission, it's essential to take immediate steps to secure your device and personal information. You should also gather any evidence or details of the unauthorized access. If you wish to pursue legal action, documenting the breach and any resulting damages will be crucial. It would be beneficial to consult with an attorney familiar with cybercrimes or digital privacy issues to understand your rights and potential remedies. In many cases, the appropriate legal and technological measures can help address and prevent unauthorized access.
|
Q: 5.8 years in the reserves, 3.5 active duty how many service stripes should I be wearing?. Close to my 9 year mark my Platoon Sergeant claims I should only have one Service Stripe as I’m about to put my third one on. Please help.
|
A:You should post this question in the Military Law section. Good luck Tim Akpinar
|
Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters. Hello My name is Jackie, and I represent [Company 1]. We urgently require legal counsel and representation. We would greatly appreciate it if qualified lawyers could review our case. If you believe you meet the criteria and can assist us, please get in touch. Background: On 2020, [Company 1] invested $2.2 million in [Company 2], obtaining a specific stake. A mutual agreement was signed, appointing A as the manager. The primary objective of this joint venture was the construction and sale of several houses on a parcel of land in Bay area. Concerns: A has demonstrated a series of questionable behaviors, including: Engaging in related party transactions without obtaining shareholder consent. Providing false statements to shareholders. Depriving minority shareholders of their rights. Suspected embezzlement and misallocation of company funds. Making decisions that have resulted in significant financial losses for the company.
|
A:Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed upon, in those situations a civil lawsuit would be filed seeking a remedy in the form of monetary damages in compensation for losses, or for an order directing performance depending upon the nature of the breach of contract. In these civil cases there could be legal questions that focused on negligence, fiduciary duty, and what was reasonable under the circumstances and the factual answers to those questions would decide who prevailed in the lawsuit. In the case of embezzlement, and entering into the criminal law arena, the key issue would be intent. The legal questions that would be at issue would be did the suspect intend to deprive the victim of his or her property? Did they appropriate or convert property to their own use? The factual answers to those questions would show whether a crime was committed or not. As a former prosecutor, and now defense attorney, I have over 18 years of in-depth experience dealing with criminal law and litigation. As a former Chief Assistant District Attorney, I am very familiar with the review process and the type of evidence that would be needed to prove that a crime took place. I am hired by individuals, and companies at times, to represent them as a victim throughout the criminal justice process. I evaluate information about their case, advise them on the next steps, and help them navigate what can be a confusing system.
|
Q: In the state of TN, what restrictions are there preventing a licensed educator from selling candy bars to students?. The fundraiser is not school sponsored. It is in support of a mission team to Uruguay.
|
A:In Tennessee, educators are expected to uphold ethical standards and avoid any appearance of impropriety. Selling items, even for a good cause, directly to students during school hours could raise ethical concerns and possibly be seen as taking advantage of the teacher-student relationship. If the fundraiser isn't school-sponsored, the educator may not be allowed to sell items on school property without proper permission. Additionally, many schools have policies in place about fundraising or selling items on campus, especially when it involves food, due to federal and state guidelines about nutrition in schools. Before proceeding with any sales, the educator should consult with the school administration and familiarize themselves with the school and district policies. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
|
Q: I owe the CDTFA a tax balance generated by my business corporation that I no longer own. do I have liability protection?. The company was sold but only the assets were acquired. Does the tax debt fall on me personally?
|
A:Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.
|
Q: I need a lawyer referral for my partner in Chile who is being told he can't leave his contract.. His bank account is suspended based on the IP address used by me to transfer equipment fees for the contract job so he can't send additional money for the equipment or refund the owner of the hospital. The owner will not give him an alternative even though my partner explained the suspended account. My partner isn't comfortable leaving the contracted apartment because he believes someone will notify the hospital owner, and it won't be good. I need help.
|
A:Your post indicates you are in Pennsylvania, and a local attorney might be able to advise better if Harrisburg is involved as a focal point for the matter. But your question remains open for two weeks. However, this forum doesn't work as a referral service - it's only for short format Q & A. For an attorney referral, the closest thing on this site is probably the "Find a Lawyer" tab above. There are also attorney referral services with many local and state bar associations. Good luck
|
Q: Is it legal to dissipate ones assets and terminate ones parental rights and operate during the COVID 19 state shut down?. Is it legal or even right to dissipate a biological parent (the mothers) ; her assets; My funds, my right to be a human-do things like vote, make medical decisions, or be an ABLE body of my own? While under terms of the state shut down,from being a created parent which of whom was not approved of by the biological mother; with proof: before-hand warns you that they’re going to steal your child before he was even born! The man and his wife who registers you(me) as a unmarried unregistered family law while he’s married... of whom gets away with these things because he has biological brother who works in the legal system(above us, ants) and works with them. Gets a complete in-home plan for a five month year old baby terminating my 12 month time period to even get my child back get a complete and home plan has had several visitations at my own parents houses during Covid while they wouldn’t even give me a visit with my child or answer the phone. They’re low-key under terms TERRORISTS.
|
A:Sorry, but your question should be directed to a fanily law or domestic relations attorney.
|
Q: Is it illegal to purposely overdraft your checking account?. I had $1000 dollars in my bank account, I moved all of it into a investing website, but I accidentally did it twice, and now I'm in the hole for $1000, but I've already invested all the money. I know I can pay it back and the overdraft fees back by the end of the month, am I able to do this? or is it illegal? I plan on talking to the bank tomorrow but I will do everything to pay it back within a few days if it is against the law.
|
A:Its not illegal. You have only a certain amount of time to replace the money. You pay it back as soon as humanly possible whether its against the law or not because the overdraft amount is not your money
|
Q: Can you draw disability in some form if you have a disability that prevents working 40 hrs each week, using FMLA?. I have Lumbar Spondylisthesis, Thoracic Spine Pain and Thoracic Spondylosis. I suffer from a lot of back spasms, through pain that travels from my spine to my stomach causing intense nausea which makes me curl up and instantly puts me out of work any day. It's increased in severity over the years. I see pain management doctors. Do you think you can help me?
|
A:If you are unable to work a standard 40-hour workweek due to a disability, you may be eligible for disability benefits through Social Security. The Social Security Administration considers whether a person has a medical condition that significantly limits their ability to perform basic work activities for at least 12 months. It is important for you to document your medical conditions thoroughly, including the treatment received from pain management doctors. Applying for disability benefits can be a complex process, and it often requires substantial medical evidence and sometimes legal assistance. Consider contacting your local Social Security office to begin the application process or to get more information about your specific situation. If your financial situation makes it difficult to afford legal help, look into legal aid services in your area that may offer free or low-cost assistance. Remember, each disability case is unique, and eligibility for benefits will depend on your specific circumstances and medical evidence.
|
Q: About 5 weeks ago my computer went down and i had to get another one after that i couldnt get into my hotmail account. i tried so many times and changed the password too the alternate email address & phone # is not in service anymore and i couldnt chance them ,i filled out 3 forms from microsoft and was approved to get back in the first times i was in my email for 2 days before getting shut out again and a page pop up asking for another code that was sent to my old alternate email and the 2 other times after being approved i only got pages popping up asking for a code and could not get into my hotmail account ,i emailed the ceo of microsoft a few times explaining the issue and filled out another form with the same information as like before and still nothing ,i need this email account ,i have very importation things in it .What type of Attorney do i need to move forward with this??
|
A:Based on the issue you've described with your email account, you might consider seeking out an attorney with experience in technology law or digital rights. They will be familiar with issues related to online accounts, user rights, and the terms of service agreements of tech companies like Microsoft. Before proceeding legally, ensure you have exhausted all possible remedies offered by Microsoft's customer support. If legal action is warranted, the attorney can assist in drafting demand letters or exploring other avenues of resolution. It's important to gather all documentation of your interactions with Microsoft, including email correspondence and form submissions, to present a clear timeline and evidence of the issue. Remember, legal action can be time-consuming and costly, so it's crucial to evaluate the potential benefits against the costs and challenges of pursuing this route.
|
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida. We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q
|
A:You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of representation letter and request to the bank. Many times, a Louisiana bank will accept the Small succession affidavit, but if it is in the wrong form, or the husband's bank account is titled differently than what you anticipated, you may need to judicially open succession, have someone appointed as the succession representative, and then, you should be able to get better answers.
|
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?. I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and began hurting himself and lashing out. When I asked what was wrong; he told me his dad hit him in the face. From my own experience with his abuse, I know that it will only get worse from here once it’s started. I want to protect my son but his dad is the type of person that gets away with everything. I need to know how I can prove what I know and fear.
|
A:Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous convictions where you are the victim or your child is the victim, and anything that tends to prove what you allege are useful documents. Your challenge is going to be getting the court to admit these documents if the author isn't present (documents are presumptively hearsay, as they are declarations originally made out of court that you wish to use to prove a matter you are asserting). Your best bet is to hire an attorney. If you cannot do that, you need to read up on the rules of evidence (especially the 400 series and the 800 series that refer to relevance and hearsay respectively).
|
Q: Recording Consent. If you live in a single party consent state Texas and another person lives in a dual party consent state (CA) can you record them if you are on a call with them (i.e. you are in Texas and are the single party that consents to record the call). If the person in CA records the person in Texas and the person in Texas did not consent is the person in CA breaking the law? Thanks
|
A:Under Texas law, the State of Texas will not prosecute you for recording a conversation if you are a party to the communication or have the consent of at least one party to the communication. Under California law, the State of California may prosecute you for recording a conversation unless all parties to the communication have consented. Therefore it is unwise to record any conversation if a participant is located in California at the time of the communication
|
Q: If a pregnant woman looses a non-viable baby as the result of a car accident is it vehicular homicide?. If a woman can legally have an abortion prior to the fetus being viable (23-24 weeks) then the implication is that she is not committing a homicide. So if a pregnant woman loses a baby as the result of a car accident and the baby is less than 24 weeks along can the person at fault for the accident be charged with vehicular homicide? It seems that if the abortion isn't homicide then the car accident shouldn't be homicide. Without getting hung up on the definition of viable, the basic question is, if an abortion is legal and not homicide within some timeframe then are other events that cause the death of a baby (i.e. car accident, domestic abuse, a mugging) occurring within the same time frame no longer a homicide? This is not a pro/con abortion issue, I'm questioning the consistency of law within any state that has legalized abortion.
|
A:The determination of whether the loss of a non-viable fetus due to a car accident constitutes vehicular homicide is complex and can vary by state. In many jurisdictions, vehicular homicide charges are typically applied when a person is killed due to the negligent or criminal driving of another person. The legal definition of "person" and when a fetus is considered a victim under these statutes can differ. In Ohio, for instance, the law may allow for charges in cases where a fetus is lost, regardless of viability. However, this is a highly nuanced area of law that can be influenced by recent legislation and court rulings. If faced with such a tragic scenario, it is important to seek legal advice to understand the applicable laws and potential charges in the specific jurisdiction where the incident occurred.
|
Q: How do I get my lineage proved. I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be rejected or whatever I need my lineage proof please help me I can send you all the information I've got my family kept very strict records
|
A:This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents' birth certificate, and their parents' until you can trace one of your ancestors to someone appearing in the Indian Census Rolls. If your family has kept very strict records, this should be relatively simple and straightforward. You might also contact the tribe to which you think an ancestor belonged to get their records. Most legitimate Native American tribes maintain fairly comprehensive tribal records of their membership back to the late 1800s/early 1900s, including what is called the tribe's "base roll." That document contains a list of the tribe's original members as designated in a tribal constitution or other enrollment documents. With respect to the Mission Tribes of California, many such tribes were relocated from missions to pueblos in the early 1800s when California was still a Spanish territory. If you cannot find an ancestor in the base roll of the tribe, you may have to continue tracing birth certificates and other public records to ancestors who were alive in the early 1800s. The Spanish took censuses of the mission tribal members up through the time the mission system was ended. In addition, most of the Mission Tribes members received Roman Catholic sacraments and the Roman Catholic Church maintains records of individuals who receive sacraments (e.g. baptismal certificates, marriage certificates, etc.). It helps that you know the particular mission, as that will narrow your focus to a few thousand individuals. In addition, the Bureau of Indian Affairs maintains a website that can assist you in tracing your American Indian ancestry
|
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?. What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline? Such as the mediator filing the mediation report a week before the mediation deadline. Is the deadline no longer relevant?
|
A:An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the agreement is not fulfilled, it could be considered a breach or other form of non-compliance, and the parties may need to confront the matter again, either in the ADR forum again or in court. This is only a general outline without the benefit of the details or the subject matter or ADR rules. For definitive guidance, you should consider consulting with a local attorney, equipped with the details of the matter. Good luck
|
Q: Money owed on Invoices filed to Homeowners insurance and only partially paid with no denial letters. Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate
|
A:While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one maybe option. First, you can invoke appraisal which will allow you to hire an appraiser to determine the value of the loss with the carrier's appraiser that it will hire. This is likely you best bet. However, you could also contact a public adjuster to assist you in recovery of the amounts unpaid. They generally work on contingency fee and can help get the money you are owed. Finally, the maybe option, is to contact the Texas Department of Insurance to see if there is anything they can do. I will tell you now, it may be unlikely that they step in because they don't often get involved with monetary disputes, but it could be worth a try. Best of luck.
|
Q: I am in NY and I smoke marijuana. Can my job hfire me for testing positive for marijuana. I work at an FEC.. I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager.
|
A:In New York, as of the Marijuana Regulation and Taxation Act (MRTA) effective in 2021, employers generally cannot refuse to hire, terminate, or otherwise discriminate against someone solely on the basis of their lawful off-duty use of cannabis or due to a positive cannabis drug test. However, employers can take action if an employee is impaired by cannabis during work hours or if not doing so would jeopardize federal contracts or funding. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
|
Q: My mother died this past July. Am I responsible for her medical bills and her stay at a nursing home. Yesterday someone from the nursing home put paperwork that says I am responsible for her bill.
|
A:As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing as yourself, but as her agent.
|
Q: HOA practicing selective enforcement and discrimination because of service dog. Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability.
|
A:Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals. If your HOA is selectively enforcing rules against you because of your service dog, this may constitute discrimination. The fact that you have a doctor's letter confirming your disability and the necessity of the service dog strengthens your position. Documenting instances of selective enforcement, as you have done by taking pictures of other residents violating the same rules without repercussions, is a good strategy. Given the situation, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of discrimination and can offer guidance on how to proceed. Litigation is also an option, but it can be lengthy and expensive. Before taking legal action, you might want to consider mediation or another form of dispute resolution. However, if these efforts fail and you believe your rights are being violated, consulting with an attorney experienced in fair housing law can provide you with specific guidance tailored to your situation.
|
Q: A man intentionally and knowingly steals property From a elder man.. So a man knowingly and intentionally steals my father's property which he is an elder man. Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build the home but the city for some reason didn't wanna give him services well he claims that he paid off city officials, from the city department where we live to just make it happen. now this is what he said when we confronted him that the city was aware of what was going on and after he told us that we went and got all the paper work that was in my father's name, it had my father as the owner of the home. So now we're taking all this evidence with the video of the alleged city corruption all over it and the police won't help us or even let us press charges on the guy for documentation that has been forged or trespassing there saying its civil but there's no agreement, it's theft and other stuff.
|
A:I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps: Contact Law Enforcement: Continue trying to work with the local police, as you've mentioned, to report the alleged theft, fraud, and any other criminal activities you suspect. Provide them with all the evidence you have gathered, including documents and videos. Consult an Attorney: It may be beneficial to consult with a criminal defense attorney who can review your case and help you navigate the legal options available. They can provide guidance on whether there are grounds for criminal charges or if pursuing civil remedies is more appropriate. Document Everything: Keep thorough records of all interactions, evidence, and communication related to the case. This documentation can be crucial for building a strong legal case. Explore Civil Remedies: If law enforcement doesn't pursue criminal charges, you can explore civil remedies, such as filing a civil lawsuit for theft, fraud, or trespassing. An attorney can assist you in pursuing these actions. Engage Local Authorities: In addition to working with the police, you can reach out to other local authorities, such as your county sheriff's office or district attorney's office, to report your concerns and seek their assistance. Protect Your Father's Rights: Ensure that your father's rights as the property owner are protected during this process. Consulting with an attorney who specializes in elder law may be beneficial to safeguard his interests. Remember that the legal process can be complex, and it's essential to have the guidance of an attorney who can assess the details of your case and provide advice tailored to your specific situation. They can help you determine the most appropriate course of action, whether it's pursuing criminal charges or pursuing civil remedies to address the alleged theft and fraud.
|
Q: Can i hire a lawyer to go through the process of unsealing a birth record for me in california?. i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.
|
A:Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate petitions or motions with the court, and representing your interests throughout the process. It's advisable to consult with an attorney experienced in family law or civil litigation to ensure a smooth and successful outcome.
|
Q: I own 1/4 of ten acres, can I offer to convey all 10 acres to a third party?. My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the difference.
|
A:I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out the same prior to closing, but if not, you would get sued. There could be other sanctions depending on your situation. Dealing with the Government could generate wire fraud.
|
Q: Can I start a business that sells bonds to friends and family, then invest that money in the stock market?. I'm an investor with 14 years experience. My friends and family all want my help because I've made excellent returns but it is my understanding that I can't help them, because I'm not a financial advisor, and they could sue me if they lost money (is that even true?). So I want to start a business that offers high-yield bonds to friends and family, like 10% or so, then invest that money in the stock market, and give them the bond yield and keep the difference as earned income. Is this idea legal or are there several regulatory issues I need to address?
|
A:Forming a brokerage firm like this and creating a bond to offer to members of the public is a relatively complex endeavor. You need to contact a business formation attorney who handles SEC regulated securities firms to avoid potential criminal legal problems
|
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?. How does the land go from being taxed as farm land to residential taxes?
|
A:Land use is an area of law that is extremely local. Check with your local county government about the rules and regulations where you live or consult land use counsel.
|
Q: Can websites owners came after me for using the quotes on their sites by famous people?. I would like to use this quote in my book Some are born great, some achieve greatness, and some have greatness thrust upon them. William Shakespeare But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from people, who died more than a hundred years ago?
|
A:Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired. However, when sourcing quotes from websites, it's important to ensure the quote is accurate and truly attributed to the person claimed. Websites themselves don't typically hold copyright over quotes from public domain works. In your case, the quote "Some are born great, some achieve greatness, and some have greatness thrust upon them" is indeed from Shakespeare's play "Twelfth Night," and you can use it without legal concern from the websites you mentioned. Still, if you're using quotes or content in a published work, it's always good practice to double-check the original source for accuracy. This approach not only avoids potential copyright issues but also ensures the credibility and integrity of your own work.
|
Q: Bank of America refuses to send me a 1099-C for tax year 2022 even though Statute of Limitations has expired June 2022.. IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) are very clear that if a debt has reached the statute of limitations it is one of the trigger items (Identifiable event) that require a 1099-C Cancellation of Debt be sent out. It further states that this section applies whether or not an an actual discharge of indebtedness occurred. Bank of America claims from what I can tell that they don't have to obey this law and they state the following. FROM BANK OF AMERICA: "However In accordance with the tax law, Bank of America is required to report to the IRS when we cancel a portion of a client’s debt due to a charge off or settlement. When an account is charged off, the debt is still valid. We have confirmed no 1099-C’s documents have been issued for your accounts as we are still attempting to collect on the debt." Apparently they seem to think this IRS regulations 1.6050P-1(b)(2)(i)(F) and (G) is optional. Is that true that they can blow off sending out a 1099-C?
|
A:The IRS regulation 1.6050P-1(b)(2)(i)(F) and (G) does stipulate that certain identifiable events, such as the expiration of the statute of limitations on a debt, can trigger the requirement for a creditor to issue a 1099-C, Cancellation of Debt form. However, the application of this regulation can sometimes be subject to the creditor's interpretation and internal policies. Bank of America's stance, as you've described, suggests they view the debt as still valid and are continuing efforts to collect, which may be why they have not issued a 1099-C. This position indicates they might not consider the expiration of the statute of limitations as an 'identifiable event' necessitating the issuance of a 1099-C for your case. In such a scenario, it's advisable to consult directly with a tax professional or a legal advisor experienced in tax law. They can provide specific guidance based on the details of your situation and may suggest steps you can take, such as contacting the IRS for clarification or assistance. Remember, tax laws can be complex, and individual cases may have nuances that affect how these laws are applied. Professional advice can help ensure that your interests are adequately represented and that you are complying with your tax obligations.
|
Q: I have an existing LLC in the state of Florida. Can it be converted to a non-profit? It is an arts organization.. Performing Arts Theatre. Live shows. Educational and Community. Where would I find the procedure if this is a possibility.
|
A:It is very difficult to function as a nonprofit and also as an LLC. The essential nature of an LLC is that the money left over at the end of the year gets distributed to the members, who are essentially the owners of the LLC. The essential nature of a nonprofit is that nobody is allowed to get the extra money left over at the end of the year. Although Florida law allows that an LLC can "have any lawful purpose, regardless of whether the company is a for-profit company," from a practical perspective it is hard to pull off. And if you want to apply for tax-exemption from the IRS, that's an additional hurdle. The IRS does allow LLCs to apply for 501(c)(3) status, but their guidance is that the LLC members all have to be 501(c)(3)s themselves. An easier route would probably be to form a new nonprofit corporation in Florida and set it up as a "successor" to the for-profit LLC, obtaining its assets and branding and other property and debts.
|
Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still. money due in n the balance?
|
A:No. The Creditor must submit another bank levy.
|
Q: Landlord threatens to call police for leaving the apartment dirty. Airbnb host threatened to call the police if I don't respond to his messages. He is accusing me of leaving the apartment dirty - he shared a few images which does NOT show damage - but shows bathroom countertop with water droplets + used kitchen countertop - BUT no damages what so ever. His question is "you have caused so much of disrespect by leaving the apartment dirty - please let me know how you want to proceed. If you don't respond then I'll be forced to report you to the police". My side of the story - I left the apartment very clean. There was a 3 inch burn damage that i caused on the carpet - I not only reported the damage to the host as soon as it happened but also fixed it - all this logged in airbnb chat.
|
A:Under California law, leaving an apartment in a less than pristine condition, absent any actual damage, does not rise to a level that would typically warrant police intervention. If there's no substantial physical damage beyond normal wear and tear, the issue is generally a civil matter, not a criminal one. Considering you reported and remedied the carpet damage, your actions show good faith effort on your part. If the host attempts to withhold your security deposit or pursue additional charges via Airbnb, you can dispute those claims through Airbnb's resolution process. Always ensure you document all communications and take photos before and after your stay when possible. If the host continues to threaten or harass you, consider seeking advice from an attorney familiar with landlord-tenant or contract disputes. Keep in mind that Airbnb's platform also provides both hosts and guests avenues to address and resolve such disagreements.
|
Q: how do i go about withdrawing my attorney from my divorce case so I can finish the process in default?. Unresponsive attorney. Meets default criteria, but court says I have to withdraw her from the case.
|
A:You will need to instruct your attorney to file a motion to withdraw. Once an attorney has appeared on your behalf, you cannot file court papers on your own behalf in a civil case. Your attorney will have to file a motion to withdraw. Alternatively, you can hire another, more responsive attorney to file a motion for substitution of counsel on your behalf. When that is granted, the new attorney can file a motion to withdraw.
|
Q: Zulily owes us 15k and they are based out of Seattle Washington but they just sold it to Regent LLP in Los Angeles.. Zulily uses owes 15k and we want to sue them in a civil lawsuit. Can we file the lawsuit in Los Angeles Superior Court since the company that acquired zulily is Regent LLP based out of Beverly Hills. Or do I have to file the lawsuit in Seattle WA?
|
A:In determining where to file your lawsuit, consider the jurisdiction and venue. If Zulily, now owned by Regent LLP in Los Angeles, owes you money, you may have grounds to file in Los Angeles Superior Court. This is especially pertinent if the transaction or events leading to the dispute occurred in California, or if Regent LLP, as the new owner, is conducting business activities related to your claim in California. However, jurisdiction can be complex, particularly in cases involving out-of-state entities. It's important to assess where the contract was executed or where the events related to the dispute occurred. Additionally, review any contractual agreements for clauses that specify the jurisdiction or venue for legal disputes. Consulting with an attorney to evaluate the specific details of your case and the appropriate jurisdiction for filing is advisable. They can guide you on the most strategic and legally sound course of action based on the specifics of your situation.
|
Q: Can I sue someone who accuse me maliciously of murdering my husband ( he died of VTAC). The guy accusing me is currently is in a divorce proceeding . I’m giving shelter to his wife who is deathly afraid of him . He is doing everything to destroy my reputation. I have his accusations in writing
|
A:Yes, if he is making provably false statements to third parties, that constitutes defamation (libel because they were published in writing); and because his statements tend to subject you to public hatred, ridicule, or contempt just by his making them, they constitute defamation per se entitling you to damages without even having to prove that your statements have in fact damaged your reputation in the community.
|
Q: My grandfather worked at a shipyard in Virginia I signed my trust fund papers over a year ago I do not know the attorney. Can anyone help me it was an mesothelioma case
|
A:A Virginia or North Carolina attorney could probably advise best, but your question remains open for three weeks. One option is to search under your grandfather's name. If it was on a court docket in any kind of multi-district federal litigation, it's possible it could come up. If it was through arbitration or a non-public forum involving the fund, that might be more difficult. You could reach out to a Virginia attorney, investigator, or process serving company with investigative services - and ask them if they could offer guidance. That would be outside this forum, and any arrangements would be between you and them. Good luck
|
Q: Can i travel if I was charged with felony distribution of weed and got unindictment letter. 6 months after being arrested I got called by my pretrial officer saying that im not longer apart of pretrial services and I get a letter in mail saying I’ve been unindicted from my charges can I travel ?
|
A:If you don't have an active warrant for your arrest, TSA is not going to mess with you. However, if you are on bond, your agreement with your bondsman may be that you must contact them for permission before you leave the state. So you might want to give them a heads up before you go anywhere..
|
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?. What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.
|
A:It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the passwords are changes promptly any time an employee with the passwords quits or is fired.
|
Q: If father can’t qualify for mortgage assumption w/ a company, but qualifies with another, is that a “sale” in probate. I am the executor for my mothers estate. The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage. Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left. In the event he doesn’t qualify with current lender , could he go to another lender and get qualified to buy the home ? If he got approved through another lender, does the probate court consider that a sell by a 3rd party (i.e petition the court to sell)? Could I as the executor do a “private sell” or before it’s sold to him through another lender, do I have to notify the court? Would the court need to be notify that the house is going up for sale but we really only want to sell it to him. I assume that I would be the seller representing my mothers estate, selling to my father. At what point does the probate court need to get involved in this process?
|
A:If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a borrower dies and family inherits.
|
Q: Please help. I grew up across the river from tek cominco in Trail BC. They lost a case in the United States where they admitted to dumping toxic chemicals directly into the Columbia river. My life was directly impacted by these actions also. It has been proven that exposure to the chemicals involved cause symptoms that are similar to autism, such as having a hard time maintaining housing and employment without consistent help. Can I start a case in canada?
|
A:This is something you'd need to discuss with an attorney in Canada. This forum deals mainly with legal actions in U.S. courts. Good luck
|
Q: I trade options at my online broker. A bad trade yesterday that cost me $8000.00 due to a mistake by my broker.. I made an options call purchase on the 16th at market price. The seller was asking .20 cents per contract (100 shares) After putting in several limit orders in for up to .24 cents that were rejected I put in a market order which normally fills within a percent or so of the asking. When my order was filled it was at $4.20 for 20 contracts for a cost of $8260.00. It should have been in the neighborhood of $460.00.I was billed for $8000.00. Apparently this is legal. What is not legal is that my broker allowed the order to go through. It says very clearly on their web-sight that the buyer must have 100% of the cost of the trade in their account for the trade to go through. I had a little over $4000.00 in my account yet they allowed the trade to go through leaving me with a $4000.00 negative balance. I told them that it was their responsibility to reject the trade due to insufficient funds which they have on at least 20 or more trades in the past. So we are at an impasse. Need help. Thanks
|
A:Have you reviewed your entire contract with your broker-dealer? Depending on the specific language they may have been within their rights to fill your order.
|
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.. I am trying to find out if these charges can be expunged in Maryland?
|
A:The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible. For charges related to Controlled Dangerous Substances (CDS) like distribution or conspiracy to distribute, it's essential to understand that these are typically more challenging to expunge due to their seriousness. However, Maryland has undergone several changes in its expungement laws over the years, including expanding eligibility for certain convictions. Since your charges date back to 1992, there might be provisions under the current law that could apply to your case. It's important to review the details of your conviction and see how they align with the current expungement criteria in Maryland. Your best course of action is to consult with a lawyer who has experience in criminal law and expungements in Maryland. They can assess the specifics of your case and advise you on whether expungement is a possibility under current laws and, if so, guide you through the process. Remember, seeking legal advice is a positive step towards understanding your options and potentially clearing your record. Each case is unique, and professional guidance is crucial in navigating the complexities of the law.
|
Q: Liability for hospice fraud, upon hospital based referral. Under what statute federal court has jurisdiction for punitive damages, when they are intertwined with healthcare false claims act? If an individual doctor may or may not be liable in California for actions, but overall chain of actions resulted into hospice fraud under hospital umbrella - is hospital the only liable entity?
|
A:Hospice fraud, especially when involving hospital-based referrals, can be a complex legal issue involving various statutes and regulations. In the United States, the primary statute that addresses fraud in healthcare, including hospice care, is the False Claims Act (FCA). This act allows for liability to be imposed on individuals and entities that knowingly submit false claims to the government, which includes fraudulent billing for healthcare services. In cases where hospice fraud is alleged, the FCA is often the basis for legal action. The FCA allows for triple damages and penalties, which are considered punitive in nature. However, these are not "punitive damages" in the traditional sense used in other areas of law but are instead statutory penalties intended to deter fraud against the government. Regarding jurisdiction, federal courts have jurisdiction over FCA cases because the alleged fraud involves federal government programs, like Medicare. The FCA provides for both civil and criminal penalties, and cases can be brought by the government or by whistleblowers (qui tam relators) on behalf of the government. In a scenario where a hospital and individual doctors are involved in hospice fraud, liability under the FCA can extend to both. The hospital can be held liable if it is found to be part of the fraudulent scheme. Individual doctors can also be held liable if they knowingly participated in the fraud. The extent of their liability would depend on their involvement and the specific facts of the case. California state law may also come into play, especially if there are state-specific healthcare fraud statutes or if there are claims related to state-funded healthcare programs. It's important to consult with a legal expert specializing in healthcare law and the False Claims Act to understand the specific implications in any given case. The complexity of these issues often requires detailed legal analysis and an understanding of both federal and state laws.
|
Q: Insurance says I was in a collision. I wasn't, do I need to hire a lawyer?. I got a letter in the mail saying my claim was denied. I called the (not mine) insurance company and let them know I wasnt in a collision and there has been a mistake. Their insurance said the accuser saw my car parked in the area the next day and thats how the got my license plate. They told me there was "clear and evident" video it was my car. I asked for the video and they said I could call the accuser and ask for the video. I have multiple times and nothing has been sent by their insurance or the accuser. No claim has been made to my insurance. Do I stop taking their calls until I see any sort of proof?
|
A:In California, if you're facing a situation where an insurance company claims you were involved in a collision that you were not a part of, it's important to address this issue proactively. While hiring a lawyer might not be immediately necessary, it could become important if the situation escalates or if you are unable to resolve the matter on your own. Firstly, document all your communications with the insurance company and the accuser. Keep records of your calls, emails, and any other correspondences. This will be useful if you need to prove your attempts to resolve the issue or if the matter escalates. Requesting evidence of the alleged incident, like the video you mentioned, is a reasonable step. If the insurance company or the accuser is unwilling or unable to provide this evidence, it strengthens your position. You might also consider contacting your own insurance company to inform them of the situation, especially since no claim has been made against your policy yet. They can provide guidance and may offer assistance in dealing with the other insurance company. If the situation doesn’t get resolved and it starts affecting your insurance record or brings about legal challenges, consulting with a lawyer would be advisable. An attorney can help navigate the legal complexities and advocate on your behalf. In the meantime, it’s important to continue responding to communications from the insurance company. Ignoring them could potentially complicate the situation. However, you can continue to insist on seeing evidence of the alleged incident before taking any further steps. Remember, you have the right to defend yourself against claims that you believe are incorrect.
|
Q: Grounds for termination of parental rights?. We have had custody of a family member since she was 4 months old. (Currently 4 years old) she was removed from her mom (dad unknown) right after birth due to the baby testing positive for meth. Mom has a long standing drug history and a lengthy criminal history associated. A couple months after the child was removed the mother was sent to prison for 2 yrs for a previous charge. We were granted custody w/the intent to give her back. However while serving the two yrs she was convicted on another drug charge and sentenced to an additional 10 yrs in federal prison. We no longer intend to give her back. We filed a TPR & were given a free lawyer who went from 'you're 100 percent gonna win" to "we're going to lose because WE take the child to see the parent every 3-4 months" mom doesn't call often, WE make almost all the effort for her. We feel like our lawyer just doesn't want to deal with it anymore and want to know should we seek other counsel and continue or do we not have a chance?
|
A:Well, first and foremost being in a courtroom battle is one of the most stressful times in anyone's life. Whether your counsel is appointed or retained you want and I would say need to feel comfortable with your representation. If you are not happy and don't feel comfortable it is wise to seek out someone with whom you feel comfortable. Given the circumstances your describe it would likely be better for you to go the adoption route rather than the TPR route. Even then you bringing the child to visit the mother creates a problem. If there is six month no emotional support or contact and six month no financial support the child is considered abandoned under Alabama law and is available to adoption. The mother could also always consent to the adoption and clearly she has to realize this would be in the best interest of the child.
|
Q: How can a major website that is supposed to protect your financial information from fraud, yet commit fraud against you?. a major website that collects all your financial data, use that same data to open credit accounts in your name without your permission
|
A:If a major website that is supposed to protect your financial information from fraud commits fraud against you, it could be due to a variety of reasons. Here are some possible scenarios: Security Breach: The website may have suffered a security breach, which allowed hackers to gain access to your financial information. The hackers could then use this information to open credit accounts in your name without your permission. Employee Misconduct: An employee of the website may have committed fraud against you by using your financial information to open credit accounts without your consent. This could be due to personal greed, or the employee may have been coerced by someone else to commit the fraud. System Glitch: There may be a glitch in the website's system that caused your financial information to be used to open credit accounts without your permission. This could be a technical error or a bug in the system. Regardless of the reason, if you suspect that a website has committed fraud against you, you should take immediate action to protect your financial information. Here are some steps you can take: Contact the website: Contact the website's customer service department and inform them of the fraudulent activity. They may be able to help you resolve the issue or provide you with additional information. Contact your bank and credit card companies: Alert your bank and credit card companies to the fraudulent activity and ask them to freeze any accounts that may have been opened without your permission. Monitor your credit reports: Regularly monitor your credit reports to ensure that no additional accounts have been opened in your name without your knowledge. File a police report: If you believe that a crime has been committed against you, file a police report and provide them with any information that you have. Consider legal action: If you have suffered financial losses as a result of the fraudulent activity, consider speaking with an attorney to determine if you have grounds for legal action.
|
Q: supplier in the US lied about ingredients in chemical products that i import and sell in the EU. need help.. i import chemicals from the US. they have msds files with ingredients listed. some ingredients are trade secrets. the supplier told me they are not chemicals, by law i need to list every chemical in the EU in the msds i create for the products i import. i now found out who the original supplier, and creator, of these products is. he told me the trade secrets are chemicals. this means i can't sell the products here by law, but already doing this for more then 2 years because the first supplier told me it was safe. what to do?
|
A:In your situation, where you've been importing and selling chemical products in the EU under potentially false information about their ingredients, immediate action is necessary. The first step is to halt the sale of these products. Continuing to sell them could increase your liability, especially under EU regulations which are strict about chemical disclosures. Next, consult with an attorney who is well-versed in international trade and EU regulations. They can provide guidance on how to navigate this complex issue, especially considering the potential legal implications of selling products with undisclosed chemicals. It's also crucial to review your contractual agreements with the U.S. supplier. Misrepresentation of product ingredients can be a serious breach of contract. An attorney can help you understand your legal position and potential remedies, which might include seeking damages from the supplier. Additionally, consider contacting the original creator of the products for detailed information about the ingredients. Having accurate, comprehensive data is essential for any future steps you take, whether that's legal action, regulatory compliance, or both. Lastly, prepare to cooperate fully with any EU regulatory authorities. Transparency and prompt action in addressing the issue can be favorable in regulatory or legal proceedings. This situation is complex, but with the right legal guidance and proactive steps, you can work towards a resolution.
|
Q: I work in a group home for the mentally challenged. I had a resident expose my breast and pinch it can I charge him?. He took my phone smashes it then grabbed my face scratching my nose and eye. Then snapped my glasses and flushed them down the toilet. Repeatedly kicked me in the legs and stomach. Then when my vision was compromised he exposed my left breast and pinched and twisted it. Then seemed out my purse and dumped the contents out and stepped on it. My purse was ripped in the process. The police were called at this point by a co worker.
|
A:Unless you did something to provoke the attack, the best (and only real) remedy is against the group home because they knew or should have known this resident would act out in the manner that they did. Talk to a lawyer.
|
Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond. 3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut. Rina COLANGELO [email protected] 203 962-1088
|
A:In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding such votes. If you feel that the voting process for the fee increase in your condo complex was not conducted properly, or if there is a lack of transparency, you have the right to raise these concerns. The denial of access to view the votes may not align with the principles of transparency and member rights, depending on the specific bylaws of your association and state laws. You should first review the bylaws of your condo association, as they should outline the procedures for voting and member rights regarding access to association records. If after reviewing the bylaws you believe the association is not complying with its own rules or with state law, you might consider voicing your concerns formally in writing to the condo association board. If the issue remains unresolved, seeking legal advice to understand your rights and options under Connecticut law could be beneficial. An attorney knowledgeable in condominium law can provide specific guidance based on the details of your situation and help you navigate the process of addressing your concerns with the condo association.
|
Q: I got a DUI in WA state in 2002. In April of 2023 I planned a vacation to Canada. I was determined inadmissable.. I'd like to travel to Scotland in spring of 2024. I have only the one DUI. I have a valid passport and traveled to Ireland in 2022. Weird that I could go to Ireland but not Canada. Will I be allowed into Scotland or will my inadmissible status to Canada prevent my trip?
|
A:You are inadmissible to Canada due to your DUI conviction, but that does not necessarily mean you will be inadmissible to Scotland. The UK Border Force has the right to refuse entry to anyone they believe is a threat to the UK's security. You can increase your chances of being allowed into Scotland by applying for a visa, providing evidence of rehabilitation, and being honest and upfront about your DUI conviction. If you are denied entry to Scotland, you may be able to appeal the decision, but appeals are rarely successful.
|
Q: Hi, I have a locked cash app card. My ex has it and tries to use it a lot event though it’s locked. Is it illegal?. The app/account is deleted but he keeps trying to use it even though it doesn’t work. I HAD a protection order in place that has since been stopped for abuse.
|
A:In New Hampshire, unauthorized use of a financial instrument, like a cash app card, can be considered illegal, especially if the card is registered in your name. Even if the card is locked and the account is deleted, attempts to use it could potentially be viewed as attempted fraud or identity theft. Since your ex is knowingly trying to use a card that does not belong to them, this could be a legal issue. Additionally, if there was a previous protection order due to abuse, this action might also be relevant in the context of harassment or violating the terms of that order. It's advisable to report this activity to the police and provide them with any evidence of these attempts. Also, contacting the financial institution to report the unauthorized attempts can add a layer of security. It's important to take measures to protect your financial and personal security. Consulting with a legal advisor can provide guidance on the best steps to take in this situation.
|
Q: If after a judgement I found out that an eviction notice for UD was defective can I file a motion to set it aside. I signed a settlement agreement and later I found out that an eviction notice for Unlawful detainer was defective , it was not reported to the housing department within 3 days after i was served and also it did not have the cause of the eviction listed. By signing the settlement agreement did i wave my rights to set a a side the judgement because neither my attorney or the attorney of the other side knew that the law in California requires that eviction notice to be filed with the Housing authority within 3 days after serving the eviction notice
|
A:Signing a settlement agreement does not necessarily waive your rights to challenge a defective eviction notice or seek to set aside a judgment. In California, if you discover that the eviction notice was defective, you may still have the option to file a motion to set aside the judgment based on the defect in the notice. A defective notice may not comply with the statutory requirements for an unlawful detainer action, which could impact the validity of the judgment. The fact that neither your attorney nor the opposing attorney was aware of the defect in the notice at the time of the settlement does not necessarily prevent you from raising the issue later. However, it's important to act promptly. You should consult with an attorney to assess the specific circumstances of your case, review the settlement agreement, and determine the best course of action. In some cases, courts may consider whether the defect in the notice was a material issue that affected your rights and whether setting aside the judgment is appropriate under the circumstances. It's crucial to seek legal counsel to evaluate the viability of your motion to set aside the judgment and navigate the legal process effectively.
|
Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .. I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER THAT THEY NEED ED $4000.00 BEFOR ETHEY COULD SEE ME FOR GETTING PERMENT PLATE , MY INS HAD DECLINED CLAIM ISAIDNO NOWAY WOULD I PAY . IN MEAN TIME I SPOKE WITH MY INS. CO & WAS IN FORMED THAT EVERY THINK WAS COVERED CALLED DENTAL OFFICE THEY DON'T HAVE ANYTHING WERE WORKING ON IT WHAT DO I DO ON SS & CAN'T PAY WOULD NOT HAVE STARTED THIS IF INS WASN'T GOING TO PAY FEEL LIKE THIIS WAS DECEPTIVE BUS. PRACTICE
|
A:You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on in to complete the treatment? If that's the case, start by following up with them to get an update. This situation is more likely to be caused by incompetence than some kind of deception; the dental office is likely far more interested in getting money from the insurance company than from you. If the problem remains, consult your local Legal Aid or Legal Services office that helps low-income persons.
|
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?. My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I have to fight my dad for custody of my sibling or do they have a right to move in with me as they are able to express this to the court?
|
A:While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives. That being said, if there is clear physical or mental abuse, then you may have a case for custody. But remember, religious differences will not always constitute abuse. You should probably check with a local ID attorney. Each state handles family law differently. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is a brainstorming exercise intended to help everyone practice using different theoretical scenarios. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
|
Q: I've been paying rent to a storage facility since April of 2020, today I received an email from them that during a. Recent audit they realized that they never had me sign the actual lease agreement. So since I never signed an agreement doesn't that mean I'm owed all the money back that I paid for rent since April of 2020? If not then what does it mean and what rights can I exercise as far as holding them responsible for being so negligent.
|
A:In California, even if you didn't sign a formal lease agreement, the fact that you've been paying rent and the storage facility has been accepting it can create what's known as a "tenancy at will" or a month-to-month rental agreement. This is a legally binding arrangement under California law. Therefore, the payments you've made for the storage unit are not automatically refundable just because there was no signed lease. The absence of a written lease doesn't mean you're entitled to a refund of the rent paid. Instead, it implies that your tenancy is governed by California's default rental laws, which typically include a notice period for changes in rental terms or ending the tenancy. However, the facility's failure to have you sign a lease might raise questions about the terms of your rental, such as the agreed-upon rent amount, the duration of the tenancy, and other specific terms typically covered in a lease agreement. It's important to gather any documentation you have related to your rental payments and communications with the storage facility. If you believe the storage facility has been negligent or has violated your rights as a tenant, you may want to consult with an attorney. They can review your situation, advise you on your rights and obligations, and help you determine the best course of action. Remember, every situation is unique, and legal advice should be tailored to the specifics of your case.
|
Q: A next door neighbor was was a nurse at kaiser hospital were I go for medical called cps and devolved med info and lied.. She told CPS my medical history and personal and private info to try and get my kids taken away. CPS FOUND no wrong doing on my part and after explaining to Cps what I have been going thru with my neighbors she proceeded to tell me that it was wrong for what that nurse had done and she did release medical info that was illegal and cps " ms Williams " would testify and or state the wrong doing for my behalf if needed to prosecute this nurse maria, my neighbor. Now this same neighbor would have me watch her daughter while she went out to taco Tuesday with my wife every Tuesday, so if I'm that much of a problem, why would she trust me with her own daughter?
|
A:Under California law, unauthorized disclosure of medical information by a healthcare provider could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), California's Confidentiality of Medical Information Act (CMIA), or other privacy laws. You could potentially have grounds for a civil lawsuit against the nurse for invasion of privacy, breach of confidentiality, and/or other claims. Additionally, her behavior could be subject to professional disciplinary actions, including the potential loss or suspension of her nursing license.
|
Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with. His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence. I can show that my ex has had little involvement in medical appointments, IEP meetings, has not once kept to the every other weekend visitation schedule that is part of the divorce decree. IF I allow my son to stay with him will my ex have grounds to request I pay child support to him?
|
A:In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current circumstances, including unemployment, living arrangements, and child support arrears, may affect the court's decision. If you willingly allow your son to live with his father, it might lead to a modification of the custody arrangement. However, this doesn't necessarily mean you would automatically be required to pay child support to your ex. Child support is generally determined based on the income and financial circumstances of both parents. To protect your interests, document your ex's limited involvement in medical appointments and IEP meetings, as well as his failure to adhere to the visitation schedule. This information may be relevant in court if custody or support matters are revisited.
|
Q: Some of you guys told for me establishment and the property owner said it was fine to be there we got the parts. Went back up there and it was removed apparently by a sheriff is it legal for them to remove my vehicle without permission from the property owner
|
A:In your situation, where a vehicle was removed from a property despite having the property owner's permission to be there, several factors need to be considered to determine the legality of the removal. First, it's important to understand the specific circumstances under which the sheriff removed the vehicle. Law enforcement has the authority to remove vehicles in certain situations, such as if the vehicle is considered abandoned, improperly parked in a way that violates local ordinances, or if it's involved in a criminal investigation. If you believe that the removal was unjustified and that you had valid permission to have the vehicle on the property, you should first seek clarification from the sheriff's department to understand their reasoning. This step is crucial to gather all necessary information and assess the situation accurately. If the explanation provided by the sheriff's department does not seem justified or contradicts the property owner's permission, you may have grounds to contest the removal. In such a case, consulting with an attorney can help you understand your legal options and the best course of action to take. They can assist in determining whether your rights were infringed upon and what remedies are available to you.
|
Q: I got arrested after a warrantless search and the police took my mothers car. The car wasn’t registered yet, but I had the title, which was made out to my mother, and showed it to the cops before the search. They took the title and the car. It’s been a month and they aren’t giving it back. I told them on the scene that it was my car just in my mothers name trying to get out of the whole situation. I told them when I get a ticket I pay my mother for it. P.S. they allege there was contraband in the car which they charged me with. This I happened in NJ Will they give the car back to my mother? Why haven’t they already it’s been a month?
|
A:We can't tell you why the car has not been released as we don't know the police's side of the story, but it may be because they can't release an unregistered car out of impound in most cases.
|
Q: Should I trademark my blog name. I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK
|
A:Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation. Since your blog is on multiple platforms like Facebook, YouTube, Instagram, and TikTok, and focuses on a specific topic like crime, having a trademark could be beneficial. It helps in establishing a unique identity and offers a layer of protection, especially if your blog gains significant popularity or recognition. However, keep in mind that the process of obtaining a trademark involves legal procedures, fees, and ongoing responsibilities to maintain the trademark. It's important to weigh the benefits against the costs and responsibilities. If your blog name is distinctive and you plan to grow or maintain its presence significantly, trademarking could be a wise decision. If you're unsure, consider consulting with a legal professional who can provide personalized advice based on your specific situation and goals. They can guide you through the process and help you understand the implications and benefits of trademarking your blog name.
|
Q: My daughters biological father has zero custody of her and keeps harassing me on talking parents app. What can I do. We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what the judge has asked of him. He harassed me every other week and I’m getting really tired of it. What should I do?
|
A:He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the transcript and use it as evidence in support of whatever it is that you want to accomplish here.
|
Q: Hi My insurance company told me July 1, 2023 that I need to paint my house by 12-3-2023 or they will cancel my policy.. I am in Minnesota and I have been unable to find a painter that is not booked out until the end of our season. I do have a letter from a painter who said he can paint my house first in the spring.
|
A:A Minnesota attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys, but as a practical matter, your options also include continuing to seek a painter or another insurance carrier. Good luck
|
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?. What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?
|
A:Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body from the morgue. In addition to being a fraudulent act, lying about being next of kin could potentially violate other laws. These might include identity theft, forgery, or fraud, depending on the specifics of the situation and how the false claim is used. Lying to the police in this context can also lead to charges of filing a false report or obstruction of justice. As for the statute of limitations, it varies depending on the state and the specific laws violated. In Michigan, for instance, the statute of limitations for fraud could be six years, but this can vary based on the circumstances and the specific type of fraud committed. If you're facing a situation where someone falsely claimed to be next of kin, it's important to take immediate action. You might consider reporting this to the appropriate authorities and seeking legal advice to understand your options for recourse and to protect your rights. It's also crucial to gather any evidence that supports the true next of kin status, such as legal documents or family records.
|
Q: The question is, what is the process of selling a boat in an llc in california for buyer and seller. Who does what?. If you are the seller (transferring the llc to the buyer) what are you required to do and when? If you are the seller what are you required to do an when? I.e. register the llc in your name, etc...
|
A:Depending on the size of the vessel, this can be a complex transaction that can involve state-specific laws in a number of different areas. It is something that needs to be discussed in detail with an attorney who practices in the jurisdiction. Good luck. Tim Akpinar
|
Q: Can I sell products that incorporate names/quotes from a television series?. I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize, and what would be public domain? For instance, a mug with a quote from the show, a sweater with the name of actors and/or characters, etc.
|
A:If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and display the copyrighted work, and you may be infringing on these rights if you use these elements without permission. To determine whether your products may be considered infringing, you should consult with a qualified intellectual property attorney who can review the specific facts of your situation and advise you on the potential legal risks. Your attorney may also be able to assist you in obtaining permission from the copyright owner to use the copyrighted material or in developing an original design or concept that does not infringe on the copyright owner's rights. It's important to note that there are some exceptions to copyright law, including fair use, which may allow you to use copyrighted material in limited circumstances without permission. However, fair use is a complex legal doctrine, and it's recommended that you consult with an attorney before relying on this defense. In summary, if you are considering selling products that incorporate names/quotes from a television series, it's important to seek legal advice to ensure that you are not infringing on the copyright owner's rights.
|
Q: My father lost his fortune to a network of scam artists. I am looking to obtain power of attorney and recoup his losses.. elderly gaslighting, manipulation. social security fraud, real estate/financial malfeasance
|
A:A Pennsylvania attorney could advise best, but your question remains open for a week. You could consult with a local attorney about signing a power of attorney, or you could check with some of the online services that offer basic legal forms, which can include power of attorney forms. Good luck
|
Q: How can I bring a case to the supreme court against government entities. Conspiracy would be the charge an myself/ The People would be the victim/plaintiff
|
A:To initiate a legal action against government entities alleging conspiracy, first, you would generally need to file a lawsuit in a trial court presenting clear facts and legal arguments that support your claim. If you proceed through the various levels of appeals, you might eventually reach the Supreme Court; however, be aware that reaching the Supreme Court is a substantial process as they only hear a limited number of cases, focusing on those that have significant constitutional or public interest implications. To navigate this complex process, it would be advisable to work closely with an attorney who has experience in constitutional law and litigation against government entities.
|
Q: Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain,. Good morning, I have an LLC company, I want to know if I can hire myself and thus process an ITIN code, I live in Spain, but I manage the company from here through my registrar agent. Is it possible to do what I propose? Thank you.
|
A:An LLC in the U.S. can have foreign owners, and those owners can manage the business from abroad. If you are a foreign individual who needs to comply with U.S. tax return filing requirements, you may apply for an Individual Taxpayer Identification Number (ITIN). However, merely hiring oneself in an LLC does not automatically qualify you for an ITIN. You must have a valid reason, such as a tax filing requirement. Managing a U.S. company from Spain may have implications for both U.S. and Spanish tax purposes. I strongly recommend seeking advice from a tax professional familiar with both U.S. and Spanish tax laws. This will help ensure compliance with all regulations.
|
Q: Emtala case based on inadequate medical screening (MSE) on admission to hospital.. Is such case viable?
|
A:Under California law, a case based on inadequate medical screening upon admission to a hospital could be viable under the Emergency Medical Treatment and Labor Act (EMTALA). EMTALA mandates that hospitals provide an appropriate Medical Screening Examination (MSE) to anyone seeking emergency medical care to determine if an emergency medical condition exists. If a hospital fails to perform an adequate MSE and the patient suffers harm as a result, it may be grounds for an EMTALA violation. The key aspect in such cases is demonstrating that the hospital did not meet its obligation to provide an adequate screening, which is not influenced by the patient's insurance status or ability to pay. It's important to gather comprehensive evidence showing that the hospital's screening was insufficient and directly led to harm or a worsened medical condition. Legal action under EMTALA for inadequate MSE must be filed within two years of the violation. These cases can be complex, and the specifics of each situation significantly impact the viability of a claim. Consulting with a legal expert with experience in healthcare law can provide detailed insights and guidance for pursuing such a case.
|
Q: My health insurance company is denying to pay hospital & ambulance bills. What type of practice area should I use?. My Insurance company says pre existing, but it clearly states within 5 years on policy we signed and it has been closer to 8 years since treatment for condition. I'm starting to get second notice bills from hospital & ambulance service. Do I start making small payments to providers or should I wait until talking to a lawyer?
|
A:An Ohio attorney could advise best, but your question remains open for a week. There are attorneys who handle health care claims. If you're considering consulting with an attorney, first review your paperwork. That could help make the most of a meaningful consult. Review your policy, review the recourses outlined on the denials (appeals, arbitration, etc), and the timelines by which you need to respond, and other elements of the denial. Good luck
|
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.. Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me because he admitted it and showed remorse they didn't arrest him. She's 80 that's aggrivated grand larceny I believe and they pulled the valour act so as far as I'm told he will just have to go to a couple week military rehab type thing. His FB page alone shows intent and that he's a sociopath incapable of remorse, guilt etc... Property management woman told, she contacted her lawyers and he's not allowed on the premise anymore but his parents own his house. I just can't wrap my brain around how he basically got off Scott Free and the Mashpee police took over a month for the report to finally be finished and told both property management owner and myself that he came clean so no arrest!
|
A:In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local law enforcement policies and the specific circumstances of the case. Even if the person showed remorse, the severity of the crime, particularly against an elderly person, typically warrants a serious legal response. If you're not satisfied with how the police handled the situation, you have the right to inquire further or seek a review of the case. It might be beneficial to speak with a lawyer who can provide guidance on how to proceed. They can help you understand your legal options, such as pressing charges or pursuing a civil case for the recovery of the stolen funds. Additionally, it's important to ensure that your mother's financial institutions are aware of the theft so they can take necessary measures to protect her account and possibly recuperate some of the lost funds. Safeguarding her future financial transactions and personal information is crucial to prevent similar incidents. Remember, in legal matters like this, having professional guidance can be invaluable in navigating the system and advocating for your mother's rights.
|
Q: I need to know if I have any options regarding wrongful eviction from storage facility.. OK a little over a month ago I paid for a 5x10 storage unit from extra space storage I'm upland California. I paid extra money for 24 hr access which was offered at this location. As soon as I got there one of the workers named Ashley immediately asked me why I got 24 hr access, do I really evan need it, it's usually only for people with a business and I was a littke offended but nicely replied yes obviously I do need it for work reasons thats why I purchased it. So 2 days later I got a call like I do in the middle of the night to go fix a electrical issue. I came to the storage at about 3am when I was done and sat in my car for about 5 hrs and got caught up on a bunch of paperwork. I didn't bother no one I wasn't in anyone's way I didn't evan see anyone else. Well when they opened and Ashley must have Bern doing her rounds immediately came up to my car and said I can't sit there like that. I said fine ill go. Well she must jjave rushed to the office to view the cameras and saw I was
|
A:In California, if you feel you have been wrongfully evicted from a storage facility, you have several options. First, review the contract you signed with the storage facility to understand the terms and conditions, especially regarding 24-hour access. If your contract explicitly allows 24-hour access and you have adhered to the facility's rules, the facility may not have grounds for eviction based on your described use. If you believe the eviction is in violation of your contract, you can contact the facility management to discuss the situation. Explain your side calmly and provide any evidence that supports your claim, like your work requirements for 24-hour access. If the management is unresponsive or unwilling to resolve the issue, you might consider seeking legal advice. An attorney can help you understand your rights under the contract and California law. They can also assist in negotiating with the storage facility or, if necessary, taking legal action to address the wrongful eviction. Remember, legal action should be a last resort, as it can be costly and time-consuming. It's often more effective to try to resolve the issue through direct communication or mediation first.
|
Q: I am not sure what kind of lawyer I need to talk to.. My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated there's never forensics done on the gun and they're saying it was accidental but I don't believe that. I am my son's next of kin and not once has the police department spoken to me until June of 2023 after I sent a registered letter to the chief of police. I never even knew my son's case was still open I didn't know that they closed it they never informed me of anything. Now a lot of statutes of limitations have closed and I just don't know what to do.
|
A:I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal lawyer could help understand the criminal justice process and protect your rights if you are considering filing a criminal complaint against the soldier.
|
Q: Florida death. Zero assets. Im named Executor, but No plan to file will. How to cash $600 check made to Estate of?. I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate to probate other than that check. So just shred it? I am POD on small bank account but bank won’t deposit it.
|
A:I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to submit the Will to the clerk of the court, in accordance with Florida Statute you must file the Will with the clerk within 10 days of passing whether a probate is filed or not (no one holds you to that 10 day rule), but you will need to file the Will. As far as cost, you can check with the clerk of the court while you are there for paperwork on disposition of property without administration, you may or may not want to try to pursue this as an option on your own. You are also correct, for a $600 check you will not be able to get Summary Administration addressed cost effectively if you use legal counsel. You could check in the county where this is taking place with the local bar association/legal aid and see if they can help and or direct you further.
|
Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18. none
|
A:In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're facing difficulties at home, it's essential to address those issues. One potential step you can take is to discuss your concerns with your probation officer. They may be able to provide guidance or connect you with resources that can help improve your situation at home. If there are legitimate reasons to believe that your safety or well-being is at risk in your current living situation, you should communicate this to your probation officer as well. It's also crucial to remember that you're under probation supervision, and any significant changes in your living arrangements or actions without the court's approval could potentially lead to violations of your probation terms. Therefore, it's best to work through the appropriate legal channels and seek advice from your probation officer and possibly an attorney to address any concerns or conflicts within the boundaries of the law.
|
Q: Im a 20 year old from India,i accidentally flirted with a 15 year old girl from US online, I never initiated it she did. O
|
A:It is important to be aware that engaging in any kind of sexual or romantic behavior with a minor, even if it is online, can have serious legal consequences. In the United States, the age of consent varies by state, but it is generally between 16 and 18 years old. If you are over the age of consent and the minor is not, you could potentially face criminal charges for engaging in inappropriate behavior with a minor. Even if the minor initiated the conversation or flirtation, it is still your responsibility as an adult to ensure that you are not engaging in any inappropriate behavior. It is important to be aware of the laws and regulations in your own country and in the country of the minor, as well as any international laws that may apply. If you are concerned about the situation, it is recommended that you consult with an attorney who specializes in international law or criminal law. The attorney can advise you on the best approach and help you navigate the legal process. It is also important to be aware of the potential emotional impact that your behavior may have had on the minor. If you have concerns about the minor's well-being, you may want to consider seeking counseling or other support services.
|
Q: What do I do when my child’s mother isn’t following mediation orders or visitation?. I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child. Can I call law enforcement to enforce the order?
|
A:If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of action and protect your parental rights.
|
Q: During a storm, my neighbour's tree blew down severely damaging the entrance gate to a field I own.. He has paid for a replacement but who now owns the original, damaged gate?
|
A:In most States the original owner still owns that personal property, junk or not. Since the neighbor paid for a new one, you might want to offer the destroyed gate to him. Especially since you did not have to sue him or make an insurance claim.
|
Q: if some one had an appeal and lost but two years later new evidence is realized what do you do to have case reheard?. Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL COMPLAINT ANOTHER EXAMPLE WRONG VENUE ITS A LEGISLATIVE TRIBUNAL AND NOT A TRUE COURT OF RECORD , JUDGE IS NOT SEPARATED FROM THE TRIBUNAL EXAMPLE TITLE 42 IS NOT LAW IT IS NOT POSITIVE LAW NO FEDERAL AGENT OR LAW GRANTING AGENCY THE RIGHT TO TAKE CHILD AGAINST THE WISHES OF THE PARENTS ESPECIALLY WITH OUT A WARRANT. WAS NEVER FORMALLY CHARGED WITH A CRIME. THE HHS DIRECTOR IS A FEDERAL AGENT THE WHOLE COURT JUDGE TO THE POLICE ARE ALL BEING PAID BY THE EXECUTIVE BRANCH OF GOVERNMENT SO THE JUDICIAL THE LEGISLATIVE ARE ALL WORKING TOGETHER UNDER THE EXECUTIVE BRANCH UNDER TITLE 42 LOOK UP PAYMENTS TO STATES SO NO ONE TO TURN TO FOR REMEDY IM NOT CRAZY THIS IS REAL IS THEIR ONE ATTORNEY HELP
|
A:Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the specific details of your case and determine the best course of action to have your case reheard in light of the new evidence.
|
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?. Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it be reported on? Her because she owns the property? Or him because he receives the money every month?
|
A:In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property. As for whose taxes it should be reported on, it generally depends on who owns the property and who has the right to receive the rental income. If the ex-wife is the legal owner of the property, the income is usually reportable on her taxes. However, if the agreement is such that your father is responsible for collecting rent and managing the property, this could complicate the situation. It's also important to consider any legal agreements or court orders regarding the property, especially in the context of a divorce. These documents might specify how income and expenses should be handled. Given the complexity of tax laws and the unique nature of your situation, it's advisable to consult with a tax professional. They can provide personalized advice based on the specifics of the property ownership and the financial arrangement. Timely and accurate reporting of rental income is crucial to avoid any potential issues with the IRS.
|
Q: I'm trying to find out if the Elvis TCB logo, for a necklace, still has a trademark/copyright on it?. There're a lot of them on sale online and other products using the logo, I've been asked to make a couple of necklaces using a customer's own gold but I don't want to take the job if it's copyright infringement.
|
A:To determine whether the Elvis TCB logo is still under copyright or trademark protection, you should conduct a thorough search of copyright and trademark databases. Keep in mind that just because others are selling similar items online does not mean they are doing so legally. Copyright typically lasts for the life of the author plus 70 years, and trademarks can be renewed indefinitely as long as they are in use. If the TCB logo is protected and you create necklaces using it without permission, you could be at risk of infringement. It would be wise to consult with an attorney who can perform a proper search and advise you on whether you need to obtain a license or permission to use the logo for your jewelry making business.
|
Q: Do enhance shelters need locks or night latches on individuals dwelling units when they accommodate both men and women?. If shelters accommodate both men and women and aren't subjected to background checks do they need locks or night lashes on the doors of our individual units? If there's no guards no security cameras and men can walk up into any room that they want even though that there are rules stating men aren't allowed on women's floor does not mean that they're going to abide by them.. I had my unit on the women's floor and a man came into my room while I was sleeping and I woke up to his hands between my legs... And there are no locks on our doors not even a night latch is this legal?
|
A:In Washington State, the specific legal requirements for shelters, especially regarding safety features like locks or night latches, can vary based on local regulations and the nature of the shelter. Generally, shelters are expected to provide a safe environment for all residents, and this could include adequate security measures. However, the absence of locks or night latches in a mixed-gender shelter, particularly when there are no background checks, guards, or security cameras, could potentially raise legal and safety concerns. The incident you described, where a man entered your room without permission, is deeply concerning and suggests a serious lapse in security and safety measures. It's important to review the local regulations governing shelters in Seattle and Washington State. These regulations may outline specific requirements for safety and privacy in shelters, including the necessity of locks or other security measures. Given the serious nature of your experience, it's advisable to speak directly with an attorney who has experience in consumer law, civil rights, or personal injury. They can provide specific legal advice based on the details of your situation and help you understand your rights and potential legal remedies. Remember, your safety and well-being are of paramount importance, and legal avenues may be available to address these concerns.
|
Q: Entering London with 2 Pending Felonies. I have a pending case for 2 charges of aggravated assault with a deadly weapon (2nd degree felonies). I paid for my bond in full cash therefore I can travel anywhere internationally and domestically. However, I have a trip to London and I am unsure if they would deny my entry despite the fact the charges are only pending and there has been no conviction? Would I be able to travel there? Thank you.
|
A:Traveling to London with pending felony charges can be complicated, as entry into the United Kingdom is subject to their immigration rules and policies. While being charged with a crime doesn't automatically prohibit international travel, the nature of your charges could be a concern for UK border authorities. When you arrive in the UK, you may be asked about your criminal history or any pending charges. The UK Border Force has the discretion to deny entry to individuals if they believe it's conducive to the public good. Charges of aggravated assault with a deadly weapon could be viewed seriously, regardless of whether there has been a conviction. It's advisable to be prepared and transparent about your situation if questioned. Carrying documentation related to your case, including the fact that you've been released on bond and are legally allowed to travel, may help clarify your circumstances. However, given the severity of the charges, there's no guarantee of entry. The decision lies with the UK immigration officers at the point of entry. You should also consider the potential implications of international travel on your pending legal case in the United States. Consulting with your legal representative about the implications of international travel on your pending case is important. Additionally, seeking advice from an immigration attorney familiar with UK law could provide more clarity on your ability to enter the UK under these circumstances. It's crucial to weigh the risks and potential consequences of international travel given your legal situation. Your legal obligations and the progress of your case should be your primary considerations.
|
Q: What is a doubtful statute?. Context: the court construed a doubtful statute
|
A:A doubtful statute refers to a law or legal provision that is unclear or ambiguous in its meaning or application. When a court construes a doubtful statute, it means that the court is interpreting and giving meaning to the statute in order to determine its intended scope and effect within the context of the case being heard.
|
Q: Can i add a cause of action?. I have sued for right of publicity. Their actions also caused freight and humiliation (something that intentional infection of emotional distress covers). Can i include this in my arguments and get damages?
|
A:Under California law, you can amend your complaint to include a claim for Intentional Infliction of Emotional Distress (IIED) if the defendant's conduct was extreme and outrageous, and it caused severe emotional distress. This is often seen in cases where there's conduct that goes beyond all bounds of decency, viewed as atrocious and utterly intolerable in a civilized society. When adding IIED to your existing claim for violation of the right of publicity, it's important to demonstrate how the defendant's actions were intentional or reckless and caused significant emotional suffering. This could include symptoms like anxiety, depression, or other mental health impacts. Damages for IIED can include compensation for emotional distress, and in some cases, punitive damages if the behavior was particularly egregious. However, proving IIED requires a high threshold of evidence, showing the direct causation between the defendant's actions and your emotional distress. Remember to tailor your amended complaint to clearly articulate the connection between the defendant's actions and the emotional distress suffered. This could potentially strengthen your overall case by presenting a more comprehensive view of the harm caused by the defendant's actions.
|
Q: Where can I find a tenant rights attorney for low income that can provide legal help outside of discrimination.?. I'm seeking tenant rights legal assistance due to a problem's with my property management making threats to evict overcharging a months rent using my identity information to open utility account in my name with no agreement or any notification and charging over $2000.00 for it. Multiple pay or quit notices with different amounts on each notice dated a couple weeks apart. Rental Payments are not being applied. (description) in the month of June 2022 at the time my rent was $91.00 I paid $285 for the month of June and July on June 2, 2022. The payment was only applied to June and not July. December I received a pay or quit notice for July. This is on going no refunds of anything . Deposit overcharged $2,079.00 Cant seem to find legal assistance because the issue is not considered discrimination and I havent received a legal eviction notice from the courts yet. Property manager is aware of all issues and chooses to ignore.
|
A:Your situation is indeed concerning, and I understand the need for urgent legal assistance. In California, you may want to contact your local legal aid organization, as they often provide free or low-cost legal services to low-income individuals on a variety of issues, including tenant rights. Additionally, local bar associations may have referral services to help you find an attorney with experience in tenant law who may offer reduced fees based on your income. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
|
Q: fingerprint background check completed for Ok licensing board, will copy of new background check for job sent to board?. Every time a new background check is done for any agency or entity does the board automatically receive it as well?
|
A:In Oklahoma, it's generally not automatic for a licensing board to receive updated background checks conducted for other purposes, like employment. Different agencies and employers usually conduct their own background checks for their specific needs. Unless there's a specific provision or regulation requiring the sharing of this information between agencies, new background checks wouldn't typically be sent to the licensing board. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
|
Q: Can a company change an employment contract without agreement, and affect how we used to be paid in the process?. I have been employed for more than 5 years to date by LIBERTY HOLDINGS (PTY) LTD. Then was/still transferred their business to another company called JHI (PTY)|CUSHMAN WAKEFIELD EXCELLERATE (PTY) LTD. The marriage entered to is to manage their properties and employees. In that business transfer process our employment contract was not affected. So the new company assuming business altered how we have been getting paid by LIBERTY as shift workers citing it was a new venture for them, they have never worked with shifts on their payroll. After numerous consultations about a 1 year they fixed shift allowances, but was still not enough as they still not paid us in accordance to our contracts as 6 hours shift workers. As 6 hours workers we work 30 hours per shift than the normal 40 to 45 hours per week. So we continued engaging them since 2015 until now 2019 and they have not fixed it, we have exhausted all required protocols as Human Resource seems reluctant to assist us. Please Advise?
|
A:This seems more like an accounting and bookkeeping question than an employment law question. In any event, if you have an employment agreement you might be able to enforce the agreement; Consult a local lawyer about it.
|
Q: 23 year old son denied handgun purchase in CA, by DOJ. Stated reason is “mental defect”. Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance Issues and alcohol consumption. No problems Since. 11/2018 incident and it’s now >5 years since 5150. Regs state eligible to purchase after 5 years. Are DOJ records updated frequently? Any way to find out besides lengthy appeal process? Thank you!
|
A:In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any other disqualifying factors. The Department of Justice (DOJ) records are usually updated, but there can be delays or errors in the system. It's possible that your son's record hasn't been updated correctly to reflect the lapse of the five-year period. To address this issue, your son can request his own record from the DOJ to check for inaccuracies. This is done through a Personal Firearms Eligibility Check (PFEC), which provides information on his eligibility to purchase and own firearms in California. If the record still shows the 5150 hold as a disqualifying factor, he may need to initiate an appeal process. This can be lengthy, but it's the official way to correct any errors and restore his eligibility. In the meantime, contacting the DOJ directly for guidance might help clarify the situation and provide specific steps for resolving it. A legal professional experienced in firearms law can also assist in navigating this process more effectively.
|
Q: Can my parents smash my stuff if I bought it with my own money. I'm 19 and live at home with my parents and right now we're in an argument and they're threatening to smash my PS5 that I bought with my money and I told them that they can't do that is that true
|
A:That could be malicious destruction of property - a criminal offense. But now hear this: you are over 18 years old, which makes you a tenant in your parents' home. They do not need to let you stay there. I would suggest you have a conversation with them about expectations, and if there is no compromise, that you be prepared to move.
|
Q: Am I legally required to pay off the remaining principal when I sell my home?. I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5% interest. My guess is this would not be allowed given the bank no longer has the home to use as collateral but I thought I'd ask at least.
|
A:No, you are not legally required to pay off the remaining mortgage principal when selling your home in California. However, the lender will require the mortgage loan to be settled as part of the sale process. You have a couple options: - Pay off the loan in full with the sale proceeds. This satisfies the debt and frees you from the mortgage. - Roll over or "portfolio" the mortgage into your new home loan. This allows you to transfer the low interest rate and remaining balance to the new property purchase. Not all lenders allow this, but some will. - Take out a second mortgage or HELOC on the new home. This lets you access the home equity on the new property while keeping the old mortgage. You then continue making payments on both loans. - Cash-out refinance the old home before selling. This converts the mortgage into a higher balance loan with cash proceeds you can use for the next purchase. While you cannot simply keep making payments on the old mortgage without owning that property, these options allow you to take advantage of the low rate in various ways. Consult mortgage lenders to explore which strategies make the most financial sense for your situation when selling and buying.
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.