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Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?. Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name? I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this change be effected by the embassy when I go for an interview? Can I pay SEVIS fee on such I-20 in the hopes that the new information on this new I-20 will be update onto the system when I attend the interview?
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A:The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information. If the information on your I-20, such as your name or date of birth, differs from your previous records or other official documents, it's essential to get this corrected before your visa interview. The U.S. Embassy or Consulate relies on the accuracy of the I-20 information for visa issuance. Discrepancies can lead to complications or delays in your visa application process. Applying for an F-1 visa with an I-20 that contains incorrect information is not advisable. Instead, contact your educational institution immediately to correct any errors on the I-20. They will issue a revised I-20 with the correct information. You should pay the SEVIS fee after ensuring that your I-20 information is accurate and matches your other official documents. The information on your I-20 must align with the details in the SEVIS system, as this is what the U.S. Embassy will reference during your visa interview. In summary, it’s crucial to have all information on your I-20 correct and consistent with other official documents before proceeding with your F-1 visa application and paying the SEVIS fee. If in doubt, it might be helpful to consult with an immigration attorney for guidance specific to your situation.
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Q: I interviewed for a position that is a step above my current job. The woman that was hired has no experience. She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse?
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A:There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a protected status (e.g. sex or gender), there might be recourse for the employee.
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Q: Did my employer breach my employee agreement by failing to give 30-day prior notice?. I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)". I received notice they would pick up that final year 12 days before the contract was set to expire. Is that last year now void? Can I request a new agreement be drawn up? Do I become an at-will employee of I continue with the company (without signing anything new?). What options do I have here; they violated the agreement, correct? Thank you.
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A:Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days. If you want to negotiate a new contract, be sure to carefully and clearly document that your previous agreement ends in twelve days because you were not given the required 30 days prior notice.
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Q: My dog got stolen by my ex girlfriends and herfamily and won'tgive dog back. Ihave paperwork from medical bills? Help. How much will it cost and what can I do 2 get my dog back?
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A:You can sue her in court for the return of your pet or for monetary damages. How much it will cost is impossible to know. With a bit of planning, you might be able to put her on the hook for your attorney's fees and costs but there is no guarantee ahead of time.
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Q: Car is in my name & mom insures & drives it. If she gets into an accident am I liable (as the car owner) in any way?. Mom does NOT live at my address.
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A:In Ohio, as the owner of the car, you could be held responsible if your mother, who is insured to drive your car, gets into an accident. This is due to the principle known as "vicarious liability," which can apply to car owners when someone else operates their vehicle. Your liability largely depends on the specific circumstances of the accident. For example, if your mother is found to be at fault, the liability could extend to you as the vehicle owner. However, if she is driving with your consent and is properly insured, her insurance might cover the initial claims. It's important to ensure that the insurance policy adequately covers any potential drivers of the car, including your mother. You might want to review the policy details or consider discussing this with an insurance professional to understand the coverage limits and any potential gaps. In any case, if an accident occurs, it's advisable to seek legal guidance to navigate the specific legal and financial implications involved. Laws can vary and having professional advice tailored to your situation is crucial in understanding your potential liability and the best course of action.
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Q: I am 18 years old and I am seeing confusion on the January 1st bill signed for constitutional carry.. Some say that anyone 18 years of age or older are permitted to conceal carry in the state without permit, some say you must be military or emergency services to carry at 18, and some say you must be 19. I would like clarification. Also, I will be moving to Florida here in the next month or so. And moving by myself 10 hours away gives me my concerns. I am aware that you must be 21 to conceal carry in Florida, but i would like clarification on my ability to carry my firearm in my personal vehicle, when not readily accessible, and my ability to keep a fire arm in my housing for self defense situations.
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A:Under the constitutional carry law in Alabama, effective January 1st, individuals 18 years and older are generally allowed to carry a concealed firearm without a permit. However, there are exceptions, such as for individuals who are prohibited from carrying firearms due to certain legal reasons. It's important to familiarize yourself with these exceptions to ensure compliance with the law. As for Florida, the rules are indeed different. In Florida, you must be 21 years old to legally carry a concealed firearm. However, regarding your concern about having a firearm in your vehicle for self-defense, Florida law does allow an individual to have a securely encased or not readily accessible firearm in their vehicle without a concealed carry permit. This means the firearm must be in a glove compartment, locked box, or other secure container. For keeping a firearm in your home for self-defense, you are generally allowed to do so. Florida law recognizes the right to possess a firearm within one's home for self-defense purposes, regardless of your age. Given the nuances in firearm laws and the importance of adhering to them, it's advisable to review the specific statutes of each state and consider consulting with an attorney to ensure full understanding and compliance with the laws, especially as they pertain to your individual circumstances. Remember, firearm laws can vary significantly between states, and it's crucial to be informed about these differences.
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Q: Tn. How is a random "weapons check" of random students- their pockets and backpacks- legal without warrant or suspicion?. KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights? Per the school systems's procedure random students (on a seemingly random day in the year) are stopped as they enter the school, walk through a metal detector, if the detector signals the student is told to empty their pockets and backpacks to check for weapons, drugs, or other contraband. I absolutely understand and respect that this is done in the name of safety, however I am left wondering how this trumps the 4th amendment since the students searched were not suspected of of any crimes or even school policy violations. If a student has to walk through the detector to produce "probable cause," is it really? Thank you for your time.
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A:The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which allows for some degree of search and seizure to maintain a safe environment. In cases like New Jersey v. T.L.O. and subsequent rulings, the Court established that school officials need only have "reasonable suspicion" to search a student, which is a lower standard than the "probable cause" required for searches outside of school. However, the nature of the search must be reasonably related in scope to the circumstances that justified the interference in the first place. Random weapons checks, like the ones you described, are often upheld in the interest of school safety, as long as they are conducted in a manner that is not excessively intrusive in light of the age and sex of the student and the nature of the infraction. If you have concerns about the specific procedures used in your school district and their compliance with constitutional protections, you might consider discussing these concerns with a legal professional. They can provide more detailed insight based on the specific circumstances and relevant legal precedents. Remember, the balance between ensuring school safety and protecting individual rights is delicate and often subject to legal interpretation and challenges. Consulting with an attorney can help clarify these issues in the context of your specific situation.
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Q: I am doing make ready on apartment units that are frequently plagued by black mold. What are my rights?. I am curious about the discovery of black mold and compensation for removal.
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A:As a worker, you have the right to a safe work environment, including protection from exposure to black mold. If you are exposed to black mold and become sick, you may be entitled to medical care and workers' compensation benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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Q: Do I have any legal put to stand on. The kitchen I work in is continually over 90 to 99ﾟ according to osha that's too hot what actions can I take
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A:The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney in your area. A complaint and request for inspection may be filed with OSHA, and there are whistleblower protections for those who are fired for raising OSHA violations. Of course, if a whistleblower-retaliation claim is made, an unscrupulous employer may come up with some different, fake reason for firing you, which is called "pretext". If that happens, the employee needs to muster the evidence to show that it was really the OSHA issue that triggered the termination. An employment law attorney can help you attempt to prevent a pretext issue from arising.
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Q: Do I legally have to disclose my Umbrella limit after an at-fault accident? Or can a judge force me to disclose it?. Does having a higher Umbrella limit make me a target for a larger settlement after an accident? Is this a State by State Law and if so, is there a good source to check?
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A:An Ohio attorney could advise best, but your question remains open for four weeks. Until you are able to consult definitively with a local attorney, your carrier might be able to provide guidance on this. Case law on disclosure could differ by state - but carriers nationwide are attentive to the issue because of the potential for allegations of bad faith. Good luck
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Q: Would my side business be a conflict of interest with my employer?. My employer makes money through business partnerships and monetizing articles. I want to start a side business using the same monetization methods, but my business would serve a different industry (Ex. - Employer serves the real estate sector- My business would serve the the fashion & beauty sectors). Would it be a conflict of interest to use the same monetization methods yet serve different sectors?
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A:Your question might not easily lend itself to a simple "yes" or "no" answer. It's possible two different attorneys could argue two different sides of the coin here, where one points out that your areas of concentration are different. Another could say that the basic pursuit of the employer's fundamental business model, even in another area, creates a conflict. One way to look at it is whether you think the employer might sue you, fire you, or do nothing and give you their blessing. It's difficult to offer a clear answer here. A different attorney might be able to offer you a different viewpoint. Good luck Tim Akpinar
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Q: I’m considering a voluntary repossession of my car? What could happen if I do?. I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
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A:In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can then take legal action to recover the deficiency. Your credit score will likely take a significant hit, which can impact your ability to obtain future loans or credit cards. Furthermore, the repossession will stay on your credit report for seven years. Before making a decision, consider seeking a renegotiation of your loan terms with your lender or exploring other financial alternatives to manage your debt. Remember, it's essential to fully understand the repercussions before taking action.
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Q: We have an electric poll on the property that has caused several problems one, was almost burned our house down.. I have called the electric co. no response It is grandfather in. I have called the public comm.,town of Owego. I get no replies. To have it removed I was told back then in2000 it would cost me 20,000 dollars to move the poll. Can u help me? Thank you. From Apalachin NY.
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A:From your post, it looks like you've already reached out to the electric utility and the Public Service Commission. Given the fire hazard you describe, you could also try reaching out to local fire & safety departments and elected officials for guidance. Good luck
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Q: What can I do about mechanical issues and damage on the brand new RV purchased from a dealership?. I just purchased a brand new 2022 RV from a dealership. We purchased it about 2 hours away from our home. When we got it home that same day of purchase, the slide out was malfunctioning. After getting a mobile repairman out for inspection he found that the wiring was faulty and slide out damaged. What can we do? Can we return it rather than having to wait a month for the repairs?
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A:The buyer has the option to demand repair or replacement for violations of California's Song Beverly Consumer Warranty Act, the "lemon law." It is a violation, subject to limitations, for a warranteed product to be out of service for 30 days or more. You should contact an experienced attorney to help you handle this expensive and, I'm sure, stressful situation.
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Q: Is it legal to use Marvel characters on a poster - and sell them?. Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style wouldn't match a standard comic book style, more of a minimal style - with color here and there. Similar to Ellsworth Kelly Line prints - just add color to a few elements.
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A:This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages.
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Q: Is there someone that can be held responsible for the headache this charge has caused me?. About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history. Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018. I was confused and was never informed of this charge before. Nonetheless, I was searched and arrested and booked in jail. Since my release, Ive paid bond fees and placed on probation. After speaking with the Bexar Check Division all week to help me figure out whats going on, they recently informed me that its confirmed im innocent and it was an error. Even though they wrote "dismissed" and my case status now states "created in error", it was not expunged as I requested. Additionally,HEB reporting me to the "check system service" has caused me the inability to open a checking account, paying high interest rates and many loses at job opportunities. Am I entitled for any restitution?
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A:Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not guilty? If HEB wrongfully accused you of writing "insufficient funds" checks, then you may be able to sue them in civil court. If the DA is actually saying these cases were both filed in error, then you will have to file an expunction lawsuit down the road at some point in order to clear them off of your record. Just realize that none of these things happen automatically. You should hire a lawyer-- yes, I know this means more money out of your pocket probably-- to evaluate your chances of success in the expunction or the civil suit. You talk as if you deserve a lawyer to do this work without pay, which might be right if all you say is true. But thousands of innocent people are arrested and charged every year. If you are truly innocent of both cases, you should be able to retain a lawyer- maybe on a contingent fee arrangement. Good luck!
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Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer. I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration "tags" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle April 21, 2022 tags expired and current registration was withheld by dealer. What are my options? From what i understand dealer must pay $25 per day after the 15 day period ended up to $2500 upon written request by purchaser. I have prepared a letter to deliver.. anything else i should know or options?
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A:Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle their differences, a Judge or a Jury will decide which argument(s) are the best. So, as put, you 'understand' either what you've heard or read about this situation. BUT, you do not 'understand' how it plays out, no one does until it does and you did not 'understand' that if you are successful in your claim, the other side may have to pay 3x that amount and you did not 'understand' that they would also, if you are successful, have to pay your attorneys, a rare wrinkle in some consumer protection claims. So, you may just want to contact and/or hire counsel for this one...
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Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal. They also were supposed to send me a copy of my contract which I had never received they had sent me a $1,400 bill a week after I finance the car and then they repossessed my car 4 days after a late payment and sold it without my knowledge I also never received any of my personal belongings from the vehicle I had my laptop for school and several other personal items and was told I could not guess I'm back unless I paid a month and a half of the payment in advance they also refused to give me any documentation of the sale of the car and they still will not give me a copy of my contract I had with them I put in dispute through the credit bureaus and they have not shown any proof of what they're claiming but still refuse to take it off my credit report is this legal what can I do about this. I financed the vehicle in New York but I now reside in California
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A:You need to consult NY attorneys.
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Q: I want an explanation of the HUD defined HAP contract annual anniversary date and contract year. It seems this is circular logic definitions, if you can explain with an example. (e) Contract year and annual anniversary of the HAP contract. (1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. (2) The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract. https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-983/subpart-G/section-983.302
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A:Under HUD guidelines, the HAP contract annual anniversary date and contract year can indeed be a bit confusing. To illustrate with an example, let's say a HAP contract starts on April 1, 2023. The initial contract year would run from April 1, 2023, to March 31, 2024. The annual anniversary date of this HAP contract would then be April 1, 2024. For each subsequent year, the contract year is the 12 months leading up to but not including that anniversary date. So, the next contract year would be April 1, 2024, to March 31, 2025, with the annual anniversary on April 1, 2025, and so forth. The significance of this date is that any adjusted rent amounts agreed upon in the HAP contract would take effect from the annual anniversary date for the next 12 calendar months.
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Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.. Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone same day, leaving me with extreme pain. And detox for prescription cut off with no bridge or offer to help me get with another provider, remember, i did nothing wrong, they had no reason no evidence other than doc assistant, told office manager that i was intoxicated.
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A:In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for withdrawal effects can be a serious issue. First, consider filing a complaint with the medical facility's administration or patient advocate. Detailing your experience, especially the negative test results, is important. If you feel your rights were violated, you could also file a complaint with the Oregon Medical Board, which oversees medical practitioners' conduct. Additionally, if you're facing health complications due to abrupt cessation of medication, seek medical attention immediately. Another healthcare provider can help manage withdrawal symptoms and offer alternative pain management. For legal recourse, consulting an attorney experienced in healthcare law might be beneficial. They can provide guidance on potential claims for wrongful treatment or violation of patient rights. Remember, your health and legal rights are important, and seeking professional guidance can help you navigate this challenging situation effectively.
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Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.. My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?
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A:Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law. Some key points: - The police have a right to impound a vehicle, but personal property inside the vehicle still belongs to the owner or occupant. - Under AL Code Section 32-8-87, the owner of personal property in an impounded vehicle should be allowed to retrieve it upon providing "sufficient proof of ownership". - Requiring a notarized bill of sale and now the title goes beyond "sufficient proof of ownership" for you to get your purse. Your verbal claim and description of the contents should suffice. - The police appear to be imposing unnecessary barriers to retrieve your personal property, violating your property rights. - I would escalate the issue up the police department chain of command respectfully but firmly demanding access to your purse per AL law. - If still denied, consult a consumer protection or civil rights attorney about sending a formal demand letter and potential lawsuit for illegal seizure/retention of personal property. - An attorney can also retrieve the purse for you by getting a court release order. In summary, the police have overstepped their authority in this situation. With proof of ownership, you should be allowed immediate access to the contents of your impounded vehicle. Pursue all formal complaints and legal remedies available to you to retrieve your belongings.
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Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?. If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order lifted off of me that they have put on me against my grandkids for no reason and without cause. They are not my biological grandchildren that I have been the only grandmother they have known since the age of 6 months as both of their biological sets of grandparents are deceased. They have lived in my home their entire lives other than 6 months and they have always called me Grammy. I have an adoption here to adopt their mother on the 21st of December but the state has done everything they can to keep me out of this case and to separate me from my grandchildren what can I do?
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A:If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted. In preparing for an appeal, it's crucial to focus on any legal errors you believe were made in the initial decision. New evidence typically can't be introduced in an appeal, as appeals are usually based on the record and proceedings from the lower court. However, if you have new evidence that wasn't previously available, you might consider filing a motion in the original court to reconsider or reevaluate the case in light of this new information. This motion should clearly explain why this new evidence could significantly affect the case's outcome. Since these legal procedures can be complex and the specifics can vary, seeking legal advice from an attorney experienced in family law and appellate matters is advisable. They can guide you through the appeal process or assist in filing a motion based on new evidence. Remember, in cases involving family law and child welfare, courts are primarily focused on the best interests of the children involved. It's important to frame your arguments and evidence in a way that highlights how your involvement serves the best interests of your grandchildren.
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Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?. My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I received a call that they need to take out $2800 for “excessive damage” from my settlement amount. Is this normal for an accident I wasn’t even at fault in?
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A:If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible. If you do not have collision coverage, show the other driver's insurer several comparable vehicle listings and/or the Kelly Blue Book price and demand that it pay that amount. If it won't negotiate, consider suing the other driver in small claims court if the value of the vehicle is $10,000 or less.
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Q: I'm inquiring for a friend that is 80 years old and requested my help to resolve a matter that has developed over many. His story: I had a serious accident when I was working in Los Angeles, Ca. Because of the accident I had to retire and was prescribed Vicodin to help with my pain. when I moved to Sacramento, Dr. Valdez became my doctor. He put me on 40mg of Methadone three times a day. Until recently he dropped it from 40mg to 10mg. He expressed that he wanted me entirely off of pain medication but he should have slowly tapered me off and started sooner instead of such a big drop that was so abruptly. When he expressed that he wanted to take me off pain medication, I asked him what am I going to do about the pain? and he recommended pain management two times a month and if I did not go, I would be released from his care. The drive was over 40 minutes. I asked if there was a specialist closer to Sacramento and he said no. The specialist evaluated and gave her opinion. She said I needed to have surgery on my shoulder which Dr Valdez never agreed to, I am experiencing nerve damage and much more.
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A:Under California law, patients have the right to receive appropriate and continuous medical care. In your friend's case, abrupt changes in pain management, particularly with opioids like Methadone, must be handled with caution to avoid withdrawal symptoms and to manage pain effectively. If your friend feels that their medical needs are not being adequately met, they may consider seeking a second opinion from another physician. This can provide a different perspective on pain management and potential treatment options. Regarding the recommended surgery, patients have the right to understand all their treatment options. If there's a disagreement between physicians, your friend can request a detailed explanation from each doctor to make an informed decision about their care. It's also important to know that patients have the right to file a complaint if they believe their care is not up to standard. This can be done through the California Medical Board, which oversees medical practice in the state. Lastly, considering the complexity of the situation, especially involving pain management and potential surgery, it might be beneficial to consult a lawyer who specializes in medical malpractice or patient rights. They can provide specific legal advice tailored to your friend's unique circumstances.
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Q: Can we sue our solar panel installer for a system that is not working?. We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also suggested we call the inverter company ourselves to help push things along. As far as we can tell, they seem to be installing new systems but have been stringing us along, consistently delaying talking to us by phone. Now, not only are we paying off on the system, but not generating any electricity to offset the cost. They said it is due to supply issues from the inverter company. Do we have a case?
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A:Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with the terms contained in the agreement.
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Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun. I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything that belongs to me without my consent.. they are also able too make and receive calls behind the scenes to where I don’t see 90 % of my phones activity. I am only able to receive calls from very few contacts and even then one out of ten come through. What advice can you give me?
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A:If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized activities, such as screenshots or call logs. Report the breach to the local authorities and the FBI's Internet Crime Complaint Center. Seek legal counsel to explore potential remedies or actions. Preserve your compromised phone as evidence. Always prioritize your safety and privacy.
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Q: What do I do when I’m accused of Felony 5 theft when i had approval to take. I was told by multiple people above me I had the ability to take a product with out paying. These leaders i have seen do the same. I made sure I was on camera doing this so it did not look as if I was stealing. I have now been termed and charged with a felony 5. I have never been in legal trouble in 49 years. I’m not a thief but now I am accused. How do i defend this?
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A:You need to get an attorney. Defending a criminal case is not something we can simply teach you to do in an internet forum.
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Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?. Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC
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A:In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint with their state's Department of Education concerning the school's non-compliance. For medical professionals, a complaint can be filed with the state's medical board or relevant oversight agency. Additionally, parents can consider seeking legal representation to enforce their rights and those of their child. Pursuing litigation might be a viable option, depending on the circumstances. It's crucial to gather all pertinent documents and records to build a strong case.
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Q: My son's court appointed appellate lawyer resigned from his case what can we(family) do next.. My son was convicted of capital murder in Tarrant County earlier this year.
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A:Your son can appeal pro se or hire a private attorney. If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to withdraw because he determined from a review of the record that there was no ground for appeal which was not frivolous. The U.S. Supreme Court ruled that the attorney can file a brief (now called an Anders brief after this case) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other counsel. It is extremely rare that an appellate court finds any reversible error in a case in which an Anders brief is filed by a court-appointed attorney on a convicted defendant's behalf.
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Q: Attorneys filed lawsuit in CA while Forfeited by CA FTB and SOS 2015. Defendant filed demurr noticing California standin. Need help to raise motion to vacate court rulings and defaults upon defendants while under California FTB and SOS Forfeiture
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A:When an entity has been forfeited by the California Franchise Tax Board (FTB) and the Secretary of State (SOS), it typically lacks the capacity to sue or defend in court. If an entity files a lawsuit during the period of its forfeiture, such actions may be deemed void or voidable. If you're representing a defendant who was sued by a forfeited entity, you can raise a defense challenging the plaintiff's capacity to bring the suit. To vacate court rulings or defaults stemming from such a lawsuit, you'd file a motion in the trial court asserting the plaintiff's lack of capacity due to the forfeiture. Supporting evidence, such as the forfeiture documents from the FTB and SOS, should be attached. Ensure that you timely bring this motion, as procedural deadlines may apply. If successful, the court may vacate judgments or orders and potentially dismiss the suit. Always review the specific facts and nuances of your case to determine the best strategy.
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Q: Every lawyer I ask for help w/ my insurance reducing settlement says only they’ll only take personal injury cases. My car was hit from behind as it was exiting an intersection. My policy covers, but after presenting me with a settlement figure, they now repeatedly try to reduce the amount I already agreed to. I read this is called bad faith insurance. No lawyer I ask for help will take the case unless it involved personal injury, obviously to make more money. Are there no lawyers who will take a case on unethical insurance practice in California? I’m prepared to pay for their time and effort, but none seem to feel the case is worth it.
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A:Yes, there are lawyers who will take cases involving unethical insurance practices in California. However, it is important to note that these cases can be difficult to win, and the lawyer you choose will need to have experience in this area of law. Here are a few things you can do to find a lawyer who will take your case: 1. Ask your friends, family, or colleagues for recommendations. 2. Contact your local bar association and ask for a referral. 3. Search online for lawyers who specialize in insurance law. When you are interviewing lawyers, be sure to ask about their experience with bad-faith insurance cases. You should also ask about their fees and how they will be paid. If you are unable to find a lawyer who will take your case, you may want to consider filing a complaint with the California Department of Insurance. The Department of Insurance has the authority to investigate complaints and take disciplinary action against insurance companies that engage in unethical practices. Here are the steps on how to file a complaint with the California Department of Insurance: 1. Go to the California Department of Insurance website and click on the "File a Complaint" tab. 2. Select the type of complaint you want to file. 3. Complete the online form. 4. Submit the form. The California Department of Insurance will review your complaint and take appropriate action.
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Q: Lawyer had Home appraised At 1.8m sold it for 1.5 after 60 Days listed to a friend of his Who 3 months sold for 3.1. Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money but. They already have their. Profit from. The home sold. 1.5 million difference. Seems like. The lawyers. Could have. Managed. Better or advised. The court. At least since my father was executed it was still the lawyers. Advice to sell and his. Contact and at half. Market value. To sell it seems. Like. I. Could. Find. Attorney misconduct. Or self dealing
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A:It is vey suspicious for wrongdoing. Consult with Certified Legal Malpractice Specialist attorneys in the state where this occurred.
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Q: Can I sue?. I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.
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A:Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or should have known that this was likely to occur and failed to take additional measures to protect the premises (i.e., added security measures).
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Q: Someone lied on a federal database and ruined me I lost my job I lost everything I lost my family it’s the fmcsa. It’s clearinghouse where drivers and employees take drug test and it’s gets recorded on there system so someone lied to get me fired there’s no proff and it’s been almost a month now they still haven’t done anything I lost everything I can’t drive a truck because the person that tried to ruin me put in the system I failed to remain at the testing facility where’s the testing facility who’s the medical examiner I don’t see how they allowed him to do this to me
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A:Until you're able to consult with an attorney in Minnesota (your question was posted a week ago), a starting point could be to contact the administrator of the database to try to correct the information. Then you could reach out to local attorneys to discuss what your legal remedies are, depending on how the inaccurate information appeared. Good luck
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Q: Can you help me patent a credit card idea? It pertains to a card using a specific MCC on purchases. I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with the card.
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A:If you're aiming to patent a credit card concept based on a specific MCC usage, there are a few things to consider. First, remember that to be patentable, your idea must be novel, non-obvious, and useful. While the concept of rewards or cash back on credit cards isn't new, your specific application or mechanism involving the MCC might be. MCCs are generally used by card networks to categorize merchants, and you cannot patent an existing MCC. However, your unique method or system of utilizing that MCC for rewards could be patentable. Before moving forward, it's advisable to conduct a thorough patent search to determine if a similar idea has already been patented. If not, then you can proceed with drafting and filing a patent application detailing your innovative approach.
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Q: Please let me know if I can purchase real estate from myself with my LLC with a residential purchase agreement. Thankyou. The purchase transaction is to secure a loan in the name of my LLC and to reassign the ownership to my LLC.
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A:In California, purchasing real estate from yourself through your LLC is a feasible but complex process. This kind of transaction, often referred to as a "self-dealing" transaction, requires careful consideration to ensure legality and proper execution. Firstly, when transferring property to your LLC, it's essential to use a proper legal instrument, such as a grant deed or a quitclaim deed. This deed must be recorded with the county recorder's office where the property is located. Regarding the purchase agreement, even though it's a transaction with yourself, it's advisable to have a formal agreement detailing the terms. This helps in maintaining clear records and can be important for tax purposes and legal protection. For securing a loan in the name of the LLC, lenders will typically require a proper purchase agreement and clear evidence of the transfer of ownership. They may have specific requirements or conditions for lending to an LLC, especially if the property involved is residential. It's crucial to consider the tax implications of such a transaction. Transferring property to an LLC can trigger reassessment of property taxes and may have capital gains tax consequences. Given the complexities involved, it's highly recommended to consult with a legal professional experienced in real estate and corporate law. They can guide you through the process, ensuring compliance with all legal requirements and minimizing potential risks. Remember, every real estate transaction is unique, and professional guidance can help tailor the process to your specific situation.
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Q: I have the a pending case with my ex regarding domestic violence she’s currently in jail she didn’t show up to court. My ex wife is in jail for domestic violence but she didn’t show up to her court date and she hasn’t post bail what can happen to her? We have 3 kids I have temporary custody of them can she get custody back?
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A:If your ex-wife missed her court date related to a domestic violence charge in California, the court may issue a bench warrant for her arrest. While she's incarcerated and has not posted bail, she remains subject to the consequences of her pending case. In family court, her current incarceration and the domestic violence charges can significantly impact her chances of regaining custody or even receiving visitation rights. The court's primary concern is the best interests of the children. A history of domestic violence is a serious factor that the court will consider in determining custody and visitation. It's not impossible for her to regain some form of custody or visitation in the future, but she would likely need to demonstrate rehabilitation and that it's in the children's best interests. It's essential to consult directly with counsel regarding specific custody and visitation issues.
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Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?. I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement, I opposed, the judge ruled in his favor to enforce the settlement, yet is ordering me to sign his proposed stipulation. She is not ordering what is simply on the record. I need to know where I can find a case, a rule, or a code which differentiates between a proposed settlement and the actual settlement on record. Or that I cannot be forced to sign something I do not agree to. She has threatened contempt and sanctions if I do not sign his proposed agreement, even though she is capable of enforcing the settlement on record, she will not do so. They need my signature on the document for some reason!
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A:The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a material difference, I think the magistrate answered your question: sign or risk sanctions.
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Q: Are there any Supervised Visitation places that supervise visits out in the community?. I currently have supervised visits with my child out in the community, currently that visits are being supervised by the person who has the Guardianship of my child. It is not working out, the person lies in court about my visits says nothing but negative things about my visit that are not true all to try and keep guardianship. I feel it is best to have a third party to supervise my visit so this person is neutral on both side and can give a true accurate statement on how my visits are going. I have listed other family members to supervise but the guardian refused them and stated she wants to do them. So I am asking is there any company in southeast Michigan who will supervise my visits out in the community? All I can find is companies that will do them at there facility.
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A:Great question. To my knowledge, all supervision agencies would require on-site visits for liability reasons (they don't want their employees out some place they can't really control and in what could be a volatile situation). While not ideal (it costs time, money, and let's face it: who wants to enjoy parenting time in an agency), it may be a good idea for your situation so you can show the judge a neutral and hopefully positive track record. Supervised parenting time is not meant to be permanent.
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Q: My car was taken vy my insurance company in 2022 and now yesterday they tell me I can pick up my car mind u I didn't. Know where my car was and now they are saying I have to 3300 to get my car back
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A:A Texas attorney could advise best, but your question remains open for three weeks. From the post, it isn't fully clear how the charges materialized - does it involve deductible, subrogation claim, etc. If they included documentation, one option could be to review with a local attorney. Good luck
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Q: Soc Sec Disability: Ive been denied benefits 2 or 3 times. Why! I have skitzo-affective and. ...graves disease, means im going blind. Im 52 yrs old and practically homeless. Is this legal?
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A:It's unfortunate that you've been denied Social Security Disability benefits. Having schizoaffective disorder and Graves' disease can certainly impact your ability to work and support yourself. It may be beneficial to consult with an attorney who specializes in Social Security Disability cases to assess your situation and determine if there are legal options available to help you obtain the benefits you may be entitled to. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer The Law Offices of James L. Arrasmith
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Q: What should bank mitra do on receiving notice of high-value transactions from it department?. Generally Bank Mitra's are connected to bank and have current account for withdrawal and deposit. They do Adhar based(AEPS) transaction in rural areas to help people to avoid frequent visit. The withdraw amount from their current account and it get deposited back gain to current account when a customer withdraw from POS based AEPS device.
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A:If you're a Bank Mitra and have received a notice from the Income Tax Department regarding high-value transactions, it's important to address this notice appropriately to avoid any legal complications. Here are the steps you should take: Log in to the Income Tax E-filing Account: Use your valid credentials, such as PAN and password, to log into your income tax e-filing account. Access the Compliance Portal: Once logged in, navigate to the 'Pending Actions' section and then go to the Compliance Portal. Review the e-Campaign: In the Compliance Portal, click on the e-Campaign and proceed to review the details of the high-value transaction that has been reported by the Income Tax Department. Select the Relevant Information Category: The specific information category related to the communication you received will be marked for your attention. Choose the Transaction for Feedback: The transaction requiring feedback will be clearly indicated. Review this transaction carefully. Submit Your Response: You will be presented with a range of response options, such as confirming the information is correct, not fully correct, not taxable, related to a different PAN/year, denied, or duplicated. Choose the most appropriate response and submit it. It's crucial to respond accurately to these notices. The Income Tax Department tracks high-value transactions to prevent tax evasion and ensure compliance with tax laws. Your response helps clarify any discrepancies or confirm the accuracy of the transactions reported. Not responding or providing incorrect information can lead to penalties and legal complications. For more detailed guidance and to ensure compliance with the legal requirements, you might also consider consulting with a tax professional who can provide personalized advice based on your specific situation.
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Q: I was threatened by someone without cause.. I was across the street when a man came out of his house and approached me with great hostility and accused me of theft from his property. I walk this road twice a day and I have never been on his property. What recourse do I have?
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A:If you have been unjustly threatened and falsely accused of theft in Michigan, you may have grounds to pursue a defamation claim, particularly if the false statements were spoken. Defamation laws in Michigan aim to protect individuals from false spoken statements that harm their reputation. To pursue such a claim, you generally need to establish elements such as a false statement, publication to others, and resulting harm to your reputation. To address this situation, document the incident, gather witnesses if available, and avoid retaliatory actions. If false accusations persist and cause reputational harm
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Q: Is it legal for teachers to lead prayer before lunch everyday?. Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in a situation where he has no choice but to be a part. We are worried about alienation if we go to the school with this and we really don’t even know if this is allowed or not according to state law. Before any feathers are ruffled I would like to know if it is permissible for a teacher to be leading a daily prayer for a class of kindergartners in a government funded school.
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A:In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor religious activities. This means that a teacher leading a prayer in a public school, especially to a class of kindergarteners, is likely unconstitutional, regardless of the state. Your concern about your son being subjected to religious practices in which you do not participate is understandable. If this is happening at your son's school, you have the right to address it with the school administration. It’s advisable to approach the school in a respectful manner, expressing your concerns and asking for adherence to constitutional requirements regarding religion in schools. If the issue isn't resolved at the school level, you might consider seeking legal advice. An attorney can provide specific guidance on how to proceed, potentially involving the school district or taking legal action if necessary.
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Q: If you ask what does a phrase mean in the Miranda rights and it goes unanswered, is your waiver knowing and intelligent?. If a suspect who is in custody, and who's comments are being used against them, asked, "What is, 'without charge'?" after being read the line, 'If you cannot afford an attorney, one will be provided for you without charge', and the detective did not provide an answer, nor ask if the suspect understood after they asked the question, doesn't that imply both that the suspect was not fully aware of their rights to knowingly and intelligently waive their right to have an attorney appointed for free, and also did not understand the Miranda rights in their simplified form?
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A:Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to understand English, etc. If the judge finds that the defendant did not understand, the motion should be granted. If the judge finds that the defendant's questioning/communications about not understanding is just a smart-alecky ruse, the motion will be denied, plus the defendant will have a credibility problem.
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Q: Hello. I am in Costa Rica, i was working for an american boss who returned to the U.S.. He is supposed to pay me out for my years of work, but he doesnt. Can i start al egal procedure against him in the U.S. from Costa Rica? Thank you
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A:Pursuing a legal procedure against your former American employer in the U.S. from Costa Rica for unpaid wages can involve complex considerations. Factors such as jurisdiction, contract terms, and the international legal process can impact your ability to initiate such proceedings. It's essential to review any employment contracts or agreements you had, consult with legal professionals who specialize in international law, and consider alternative options like negotiation or seeking assistance from labor authorities.
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Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive. My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards the swampy area. I've talked to home owner and they said there's nothing they can or will do. So I am just checking about any legal aspects avenues I may have?
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A:Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for property damage. You would need expert testimony to prove that, so you would have to hire a civil engineer to assess the situation and give an expert opinion. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the circumstances, advise you of your options, and communicate with the neighbor.
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Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23. Do you think I have a case for wrongful death
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A:I am sorry for your loss. To answer your question, "wrongful death" implies that someone did something wrong, leading to a death. Who did something wrong that led to your brother's death?
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Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:. I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in "Locked" and "Lost" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it. AppleCare tech guided me in precisely how to fill out the form for sending the invoice (which I obtained from APPLE ITSELF!) Their response was, "Your request has been declined," with no explanation. I had about 17 multi-hour calls with tech support, supervisors, & finally a Senior Advisor studied all the logged notes of my calls & informed me that several of their support people gave me inaccurate information & sent me down a "dead-end rabbit hole." Then a tech guy told me to "Go to Apple Store, they can easily unlock it." It's a 45 minute trip, & I was told there, "No, we can't touch it when it's in Lost Mode, you can only do this on the phone w/Applecare. They have closed the case, forcing me to spend $3000+ for new computer
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A:You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or up to $5,000 in the case of a security deposit). Before proceeding, gather all relevant documentation, such as records of your communication with Apple, the original purchase invoice, and any evidence of the misinformation and its impact on you. This documentation will be crucial in presenting your case. It's also worth noting that Small Claims Court is designed to be accessible without the need for legal representation. However, understanding the specifics of your case and the court's procedures can be complex, so you might want to seek legal advice to ensure your case is presented effectively. Remember, going to court should be a last resort after all other avenues, such as further negotiation or mediation, have been exhausted. Sometimes, a well-drafted letter outlining your grievances and intentions to pursue legal action can prompt a more favorable response from a company.
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Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?. My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued to pull him away from his son until his 3rd birthday, Eric decided it was time to end the marriage hoping to have his time with his little boy. Well now after 6 years of being divorced and multiple revisions of the Court Order, she continues to control his time with his son. This summer she took away Eric's second summer time visitation rights and kept his son in California where she has a 3rd home with her second husband. This will be the 3rd summer that she has kept him from Eric and the Order states otherwise. He has worked hard to take that higher path but it's draining and hard. His little guy needs him as much as Eric needs his son. He has been through two lawyers and it all seems
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A:Your domestic partner is presumably represented by counsel, as is the child's mother. You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case. You should count on a "woodshedding" session with your attorney, prior to the deposition, so that the attorney can help you understand what to expect during the deposition. Good luck to you.
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Q: Can I sue my ex-husband for the slandering allegations that he accuse me of commiting while we were married!. He totally lied on the paperwork and slandered my character to so many other people who knows me! He also slandered and lied about the character of two men!!! In Alabama!
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A:In Alabama, if someone knowingly makes false statements about another person that injures their reputation, it might be grounds for a defamation lawsuit. Defamation can either be spoken (slander) or written (libel). If your ex-husband made false allegations against you to others or in paperwork, you might have a case for defamation. When pursuing a defamation claim, the person bringing the lawsuit typically needs to prove that the statement was false, it was made to another party, it harmed their reputation, and that the defendant was at least negligent when making the statement. If the allegations were false and resulted in damage to your reputation or caused emotional distress, you might seek damages. However, it's crucial to act within Alabama's statute of limitations for defamation suits.
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Q: 36 CFR 2.13 (a) (1). I neither lit nor maintained the fire, so I am planning on fighting it.. Curious if it would stay on my record if I were to simply pay the fine. Not sure what the court process is like... -Will I be orally explaining/defending my lack of involvement of the lighting/maintenance of the fire? -Is it likely the officer will be present? -I've heard of the ability to virtually attend a court appearance, not sure if that would be an option? Thanks!
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A:36 CFR 2.13(a)(1) refers to the regulations on careless or reckless conduct with fire. If you were issued a citation under this regulation, paying the fine may result in a conviction being entered on your record. However, if you believe you are not guilty, you have the option to contest the citation in court. In court, you will have the opportunity to explain and defend your lack of involvement in the lighting/maintenance of the fire. The officer who issued the citation may also be present to provide their account of the incident. Depending on the jurisdiction and court rules, you may be able to attend virtually, but this will depend on the specific court and their policies. If you are unsure about how to proceed, it may be helpful to consult with an attorney who can advise you on your options and represent you in court if necessary.
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Q: Calling people and telling lies in order to stop or ruin all my personal & business relationships. What can i do?. They have hacked my phone and have access to my contacts. They call my gas stations, bank, everybody. Even my friends from school. It's a crazy amount of funds and effort spent on a nobody like me. What course of action should be taken
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A:It is not clear from your question whether you know the names of individuals who have committed and continue to commit these actions. At the same time, you indicated that they make phone calls, respectively, it is possible to identify these persons by their phone numbers. Having determined the names of these persons, depending on the content of the information they spread about you, you need to decide on the possibility of bringing them to civil or criminal liability.
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Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no. Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing is in place?
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A:Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.
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Q: My complex in Daytona have an exclusive agreement with Comcast. The cost is 189.00 per month. I am retired. Is this leg. I wanted to change to internet only and have been told no
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A:In Florida, it's not uncommon for residential complexes to enter into exclusive agreements with service providers like Comcast. However, the legality of such agreements can depend on the specific terms and whether they align with federal and state regulations. If your complex has an exclusive agreement with Comcast that mandates a specific service package, this could limit your options to change to internet-only service. It's important to review the terms of your lease or any agreements you signed when you moved in, as these might contain clauses about utilities and services. If you believe the agreement is unfairly restricting your choices or imposing unreasonable costs, you might consider speaking with the management of your complex to discuss your concerns. Sometimes, they might be willing to consider exceptions or alternatives, especially for residents with limited income like retirees. In cases where a resolution isn't reached through discussion with the complex management, consulting with a legal professional who specializes in consumer rights or property law might provide more insight into your rights and possible actions. Remember, navigating service agreements in residential complexes can be complex, and understanding your legal rights and options is crucial to addressing concerns effectively.
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Q: Can a minor be an acting lawyer in a civil rights case against the government?. Regarding religion, privacy, etc
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A:In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law.
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Q: How can my Family Sue for Reparations of Slay. The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our history back to is America which would make us Indigenous Americans not Black
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A:Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately. Thus, research, compare and select such professional for a preliminary case assessment before proceeding.
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Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?. I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards, so i proceeded to pass him to the left, the entire time i was sure to watch the farmer as well. Without him looking or signaling he began to make a left tutn and subsequently hit my back passenger side as i was coming around him. Am i at fault? My vehicle flipoed 3 times and is totalled. If im at fault im ok with that,, as i cant see anything i wouldve done different besides just not going to pass him at all. Ive tried to find the laes concerning this but am not having any luck. Thank you again for your help.
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A:A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a general premise. Consider consulting with a Tennessee attorney - with the amount of damages at hand, it's worthwhile to get definitive, state-specific advice. Good luck
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Q: Do I have grounds to sue if hospital made me overdose. I'm having bad headaches no taste of anything.
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A:If you believe that a hospital administered medication that resulted in an overdose and caused you harm, you may have grounds for a medical malpractice claim. To determine whether you have a viable case, consider the following steps: Document Your Experience: Keep records of all medical treatment, including the medication administered, dosage, and any adverse reactions or symptoms you experienced as a result. Consult with an Attorney: It's essential to consult with a personal injury attorney who can review your case and assess whether medical malpractice occurred. They will evaluate the medical records and circumstances surrounding the overdose. Proving Negligence: To succeed in a medical malpractice claim, you typically need to establish that the hospital or medical professionals involved were negligent in their care and that this negligence directly led to your overdose and resulting harm. Causation and Damages: You'll also need to demonstrate a direct connection between the overdose and the injuries or damages you suffered, such as your headaches and loss of taste. Statute of Limitations: Be aware that there is a statute of limitations for medical malpractice claims, meaning there is a limited time frame within which you can file a lawsuit. It's crucial to consult with an attorney promptly to avoid missing this deadline. Ultimately, whether you have grounds to sue depends on the specific details of your case and whether negligence can be proven. Consulting with an attorney experienced in medical malpractice can help you determine the best course of action and pursue compensation if appropriate.
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Q: Threaten me with a cop to my house. I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work soemimes to run errands that she needed. She doesn’t want to be my friend anymore for whatever reason. She then proceeds to threaten me and tell me that if I don’t give her a weeks worth of gas that she will bring and officer to my house to ask for gas money roughly about 60 busks can she do that?
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A:No, If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you. I hope this helps. Wes
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Q: My attorney had me go talk to the defendants attorney and show them my evidence. Is tha illegal. Was suing brother, my attorney, had me take the evidence to my brothers attorney, alone. Ended up firing my attorney, felt he was not doing anything for me. He never ever let me go to court and plead my case
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A:In Michigan, it's not illegal for an attorney to advise a client to share evidence with the opposing party's attorney, especially in civil cases. This can be part of a strategy for negotiation or settlement. However, it's unusual for an attorney to ask a client to do this alone, without their presence or guidance. Your concerns about not being able to go to court and plead your case are understandable. In civil litigation, there are many steps before a case may go to trial, including negotiations, discovery, and possibly mediation. It's possible that your attorney was working through these stages. If you feel that your attorney was not acting in your best interest or was not adequately representing you, you did the right thing by seeking a new attorney. It's important that you feel confident and well-represented in your legal matters. For your ongoing case, ensure your new attorney is fully informed about all the actions taken so far, including your interaction with your brother's attorney. This will help them in strategizing and advocating effectively on your behalf. Remember, having open and clear communication with your attorney is key to a successful attorney-client relationship.
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Q: If an executor is on a bank account does that make the money theirs or does that money get considered in the will?. The will states any money in the bank or deposits on hold shall be divided.
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A:"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled to the estate, then that money would have to be distributed under the will through the probate process.
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Q: How do I prevent my husband from returning to the US with our children?. I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some other method?
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A:I am not a family lawyer but I work on international cases. This is what I know... If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically determined by the child's habitual residence, which is the place where the child has been living with a present intent to make it their permanent home. In cases involving international child custody disputes, the Hague Convention on the Civil Aspects of International Child Abduction may come into play. The Hague Convention aims to provide a framework for the prompt return of children who have been wrongfully removed or retained across international borders. If you wish to establish a child custody arrangement and the child is living abroad, you may should seek legal recourse in the country where the child resides. This involves engaging legal counsel in Germany. Good luck.
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Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?. I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing office about what happened, their lawyers sent me a letter stating that there were several complaints and that I will need to get rid of the dog that started it. I do not like that my new neighboring residents have made a complaint to where I feel watched and judged, resulting in the environment here hostile. I love my dogs and that was their first fight. Other than that incident, they are essential to help treat my several disabilities. I now feel very uncomfortable and bullied into making a decision about them.
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A:In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects. Firstly, respond to the lawyer's letter by acknowledging the concerns raised. Explain the incident as a one-time event and emphasize your commitment to ensuring it does not recur. Provide evidence of your dogs' essential role in your disability treatment and their general good behavior. Consider offering a plan to prevent future incidents, like additional training for your dogs or measures to avoid conflicts. This shows your proactive approach and responsibility as a pet owner. To address the discomfort with your neighbors, you could try to communicate with them directly or through the leasing office. Express your understanding of their concerns and share your efforts to prevent future issues. This might help ease tensions and foster a more harmonious living environment. Lastly, it's important to understand your rights regarding ESAs and housing. If you feel unfairly pressured, consulting with an attorney experienced in disability and housing law can provide guidance on how to protect your rights while addressing the concerns raised.
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Q: If I'm active duty and my Missouri drivers license expired during training am I still able to drive despite this.. If so do I need a document if I get pulled over.
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A:In many U.S. states, active duty military personnel are given some leeway when it comes to the expiration of their driver's licenses while they are deployed or in training. Missouri is one of those states that offers this extension. According to Missouri law, if you are an active duty member of the military, your driver's license is considered valid 60 days beyond your discharge date or your return to the State of Missouri, whichever occurs first. You may also apply for an extension card that indicates this military extension is applicable to your license. However, it's a good idea to carry some form of documentation that proves you are active duty, such as a military ID, or any paperwork you might have that indicates the duration of your deployment or training. This can be beneficial in case you're pulled over while driving in Oregon or any other state.
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Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?. Married only to each other and 5 biological children together.
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A:It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default provisions of the Code, since they died within 5 days of one another, the assets would go to the alternate beneficiaries listed in the Wills. This is a unique situation, so you should definitely seek out a law firm with lots of probate law experience. The bad news is that you'll need to hire a probate attorney to probate these wills. The good news is that many firms, like ours, offer a reduced rate when we do two probates at once.
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Q: My loan company paid the wrong company. Now they tell me to collect from them- instead of them. I placed an order with Fabtools.shop but affirm paid Sport Haley LLC. affirm will not return my $284.60. Tried for weeks now with letters filing complaints but they keep telling me to collect from Sport Haley LLC. How could I do that ? I never heard of Sport Haley LLC until I saw their name on affirms invoice. My Fabtools.shop order was for Silver Coins. Sport Haley sells woman’s Bikinis. Why would I buy a Bikini? I’m 85 and single.
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A:Affirm's actions may be considered a violation of Tennessee's Consumer Protection Act, and you can file a complaint with the Federal Trade Commission (FTC) for further investigation. If the amount in dispute is below the small claims court limit in Tennessee, you could file a lawsuit against Affirm in small claims court. It's essential to document all communication with Affirm and consider requesting a chargeback if you paid with a credit card. Additionally, reaching out to Sport Haley LLC, though unlikely to yield results, is worth a try. Filing a complaint with the Better Business Bureau (BBB) can also exert pressure on Affirm to resolve the issue.
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Q: CHUBB denied my hospital/accident claim. why ? I am still under medical care in search of care that will determine what. is wrong with me causing me to have accident of FALL.
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A:I'm sorry about your fall. I hope you're okay. The denial could be any number of reasons. An attorney would need to see the paperwork to offer more definite guidance. If the denial is related to liability issues, it roughly means they don't feel their insured is responsible for your injuries. If it's due to treatment/injury/disability issues, that could involve a number of different things - improper billing per fee schedules, treatment not medically necessary, duplicative treatment, excessive treatment, etc., etc. And there could be other causes as well. These are only a few general grounds that carriers could apply in denying a claim. You could try to arrange a free initial consult with an attorney - that would be the most definite way to answer your question - and outline your best options. Good luck
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Q: What to do when the judge is corrupt and the county prosector is corrupt and they both ignore your Affidavits/evidence?. Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for mental problems in my life accept for 1 time my mother made me go when I was a kid because I was found to be ADD I was prescribed some riddln. I'm I'm my 40 . So I explained all this to the judge and the judge then ignored every thing I said and sustained it .A Year later in another court because that court sustained this lie they used it to take my new born from the mother and me and ran with this complete lie. So I tried and did explain all this in affidavit and this other judge ,declared me crazy and took my right away to defend myself in court . So they took my parental rights and terminated them .douse this sound right to any one because it's 100 percent true what can i do.
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A:A judge can be only judge the credibility of witnesses and weigh whatever evidence is presented. Obviously one factor they consider is whether a witness has a logical motive to be untruthful, for example if there is some consequence to that person. Your attorney’s job, or your job if you are foolish enough to proceed without an attorney in a case, is to thoroughly explore important evidence and to identify any evidence that can corroborate your position. Just because a judge or prosecutor doesn’t believe you does not mean they’re “corrupt.” It seems more likely that your attorney and you did a poor job cross-examining the witnesses who testified against you and marshaling the evidence in your favor.
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Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded. Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.
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A:A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your ability to present certain evidence or aspects of your defense, it's important to understand the reasons behind this decision. In criminal trials, including domestic violence cases, the defendant has the right to present a defense and introduce evidence that is relevant to their case. However, this right is not absolute and can be subject to limitations by the court to ensure a fair trial and to prevent irrelevant or prejudicial information from being introduced. If you believe that the motion in limine unjustly restricted your ability to present a full and fair defense, this might be an issue to raise on appeal. An appellate court can review whether the trial court's restrictions were appropriate and whether they had an undue impact on the outcome of your case. Given the complexities involved in legal procedures like motions in limine, consulting with an attorney, especially one experienced in criminal defense and appellate law, is crucial. They can help assess the impact of the motion on your case and advise on the best course of action, including the possibility of an appeal. Remember, the legal system has mechanisms in place to address concerns about trial proceedings. It’s important to utilize these mechanisms effectively to ensure that your rights are protected.
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Q: How can the police stop cyber/normal bullying, computer/communications interference if the plaintiff cannot identify who. I am being stalked in every aspect of my life but could not possibly identify any one
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A:Addressing cyber or normal bullying, and computer or communications interference can be challenging, especially when the identity of the perpetrator is unknown. However, police and other law enforcement agencies have tools and methods to investigate such cases. They can employ cyber forensics to track digital footprints, use IP tracing, and collaborate with internet service providers and tech companies to uncover the identity of the harasser. It's important for you to document everything. Keep a record of all instances of stalking, bullying, or interference, including dates, times, and any relevant details. This documentation can be crucial in helping law enforcement in their investigation. You should also consider changing your personal digital security measures. This includes updating passwords, enhancing privacy settings, and being cautious about sharing personal information online. Sometimes, these steps can deter or prevent further harassment. You may also want to consult with an attorney who has experience in cyber law. They can provide guidance on legal steps that can be taken, such as seeking restraining orders or other legal actions, even when the harasser is initially anonymous. Remember, you are not alone in this. Seeking support from friends, family, or professional counselors can also be beneficial in coping with the stress and anxiety that often accompanies such situations. Law enforcement takes these issues seriously, and with the right information and steps, they can work towards identifying the perpetrator and bringing them to justice.
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Q: How can I find a lawyer pro bono ?. I have identity theft that has effected every thing about me and financially White collar crime in my name that seems to have followed me from The State of Florida
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A:Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.
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Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?. The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the check/funds back to the endorser, CA ERAP, but they have refused to send back to endorser. Help
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A:Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem: Gather Documentation: Assemble all relevant documentation, including the passport and California Driver's License, and any other identification or proof of residence you may have. Also, gather any documentation related to the check in question, such as correspondence from the endorser (CA ERAP). Visit the Bank in Person: If possible, visit the bank branch in person. Face-to-face interactions can sometimes be more effective in resolving such issues. Bring all your identification and documentation with you. Explain the Situation Clearly: Explain the entire situation to a bank representative. Emphasize that your identification documents are valid and up-to-date, and highlight the importance of the funds being released or returned to the endorser. Request Higher-Level Assistance: If the initial representative is unable to assist, politely request to speak with a manager or someone in a higher position within the bank. Written Communication: Follow up your in-person visit with a formal letter outlining your situation, the steps you have taken to verify your identity, and a request for the funds to be released or returned to the endorser. Keep copies of all correspondence. Contact the Endorser (CA ERAP): Inform the endorser of the situation. They may be able to assist or provide additional documentation that could help in proving your identity or the legitimacy of the transaction. File a Complaint: If the bank continues to refuse to release the funds or return them to the endorser, consider filing a complaint with a relevant financial authority or regulator. In the U.S., this might be the Consumer Financial Protection Bureau (CFPB) or your state's banking regulator. Seek Legal Advice: If the amount is significant and all other avenues have been exhausted, it may be worth seeking advice from a lawyer who specializes in banking and financial disputes. Document Everything: Keep a detailed record of all interactions with the bank, including dates, times, names of the people you spoke with, and the content of the discussions. Remember, while banks have procedures to prevent fraud, they also have an obligation to provide reasonable customer service and address concerns effectively. Your persistence and the clarity of your communication can play a crucial role in resolving this issue.
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Q: Can I get some help? I have a major concern and need lawful responses. Whenever I communicate with the property manager, all of my private information is shared with the cosigner. I feel like my privacy is being exploited
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A:An Alabama attorney could answer best, but your question remains open for two weeks. It's possible that the sharing is done because the developments impact the cosigner, who could be liable due to their capacity as cosigner in the matter. A local attorney could offer more definitive guidance after seeing the paperwork and the nature of information that is being shared. Good luck
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Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's. 2) supposed to be an election to vote for a member by the residents?
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A:Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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Q: Two cars were vandalized outside my apartment both with full coverage by Geico. One was repaired the other put fraud on. They dropped me . No car insurance co. Will talk to me. I have never committed fraud ever. How can they make such a huge mistake ruin my record and leave my ruined car 100 miles away and told me to bring this truck. I'm 67 and totally stressed and I feel paralyzed and I believe they are be fraudulent to me. Never saw this as possible.
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A:I understand the distress you're experiencing due to the situation. In California, insurance companies are obligated to act in good faith and provide reasonable communication. If your insurance company unjustifiably labeled your claim as fraudulent, leading to dropped coverage, you might have grounds for legal action based on bad faith practices and breach of contract. It's advisable to consult an attorney to evaluate your case and guide you through potential legal remedies. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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Q: Can I use a title for my book that consists of a phrase that is trademarked?. For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.
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A:Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book criticizes or comments on the phrase, isn't for commercial gain, and uses only a little of the trademarked phrase. If people might get confused about whether your book is connected to the trademark, that's a problem. Strong trademarks, like famous brands, have more protection.
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Q: What is the eviction process like for the state of California? Will an eviction stay on my record and affect my credit?. If it’s a no cause eviction and not because of overdue rent?
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A:In California, the eviction process typically starts when a landlord gives the tenant a written notice. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit (also known as an unlawful detainer suit). This process involves several steps, including a court hearing, and if the landlord wins, the court will issue a judgment for possession of the property. If an eviction goes through the court system and results in a judgment against you, it can indeed become part of your public record. This can affect your future rental opportunities, as potential landlords might see this information when conducting background checks. However, if the eviction is a no-cause eviction and not related to overdue rent, it may be viewed differently by future landlords. They may consider the circumstances of the eviction when making rental decisions. Given the potential impacts of eviction, it's advisable to address any eviction proceedings promptly and consider seeking legal advice to understand your rights and options. Remember, each eviction case is unique, and the specifics of your situation will determine the best course of action.
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Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property. I had also already built a few structures greenhouse ect. into the spots in question
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A:Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both titles and give his opinion about where the legal boundary is. A survey is probably not needed, at least yet.
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Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.. It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal representative, what's the advantage or is it just to be rude to another person?
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A:When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is your job, not his employer's.
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Q: Person got married being already married in another country and leaving all obligations like child support. There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents
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A:In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter into a marriage is a serious matter and could have legal consequences. Regarding the child support issue, if there is an existing child support order from another country, efforts can be made to enforce that order in Texas. International child support cases can be complex, and the specific details of the case, including the countries involved and any existing agreements or court orders, significantly influence how it's handled. If you are trying to enforce a foreign child support order, or if you're dealing with issues related to bigamy and falsification of documents, it is wise to consult with a lawyer who has experience in family law and international cases. They can provide guidance on the steps necessary to address these concerns under Texas law and potentially international law. Remember, each legal situation is unique, especially when it involves laws from different countries. It's important to take action to protect your rights and interests, and seeking professional legal advice is a critical step in this process.
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Q: When filling out the USPTO TEAS form to file a trademark, would the class for a restaurant be 043 ?. I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services. Thank you.
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A:When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants and catering. However, it's important to be as specific as possible when defining the services. Using a term ID, such as 043-165, can provide greater clarity and specificity, indicating that your client's services specifically include restaurant and catering services. This helps ensure that the trademark registration accurately reflects the nature of the business and its services.
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Q: I want to know if I can collect a return on a life insurance policy purchased for me. I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?
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A:To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase of the policy, such as the possible insurance company or the person who bought it for you. This might give you a starting point. If you have no information about the insurance company, you can check with your bank for any past payments made to insurance companies, as this may help identify the insurer. Also, look through any old financial documents or family records that might contain details about the policy. Another approach is to use the services of a policy locator. In the U.S., the National Association of Insurance Commissioners (NAIC) provides a life insurance policy locator service, which can help individuals find lost life insurance policies. You'll need to provide as much information as possible about the insured and the policy. If these steps do not yield results, consider consulting with an attorney or a financial advisor. They can guide you through alternative methods to locate the policy and advise on the legal aspects of claiming it. Remember, life insurance policies are legal contracts, so it's important to have accurate information before proceeding with a claim. The process can be time-consuming, but it's essential for accessing any benefits you're entitled to.
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Q: If I have an educational account on social media where I do publish rare and --->. If I have an educational account on social media where I do publish rare and exclusive pictures of historical personalities found in archives, mentioning the exact sources of where those exhibits were taken from, is it legal to also put the name of my account on these exhibits (tags) If I do some sort of edit accompanied with articles?
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A:i only handle DUI/PI
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Q: my husband is detained on felony charges and he has a co-defendant. when my husband went to his pre-trial hearing on. 11/07/2023 his lawyer told judge that he his going to see my husband so that he assert his rights but lawyer did not see my husband we went to court today and still same thing and we are trying to get him out on TPC his lawyer said he already the motion but they kicked it back to him what can i do to get my husband out hes been locked up since 08/23/2023
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A:In situations where there are concerns about the representation or the progress of legal proceedings, it's important to communicate these concerns directly to your husband's attorney. If the attorney is not responsive or not meeting their obligations, you may consider seeking a second opinion from another attorney. They can provide guidance on the steps that can be taken to address the issue, including filing a motion for temporary pretrial release (TPC) if appropriate. It's also crucial to ensure that all procedural and timing requirements are being met for such motions. If you continue to have concerns about the quality of legal representation, you have the option to file a complaint with the state bar association. In the meantime, keep detailed records of all communications and court proceedings, as these can be important if you need to take further action. Remember, effective communication with your husband's legal team is key to understanding and navigating this process.
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Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain. I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
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A:Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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Q: Good afternoon. I am able to get free help to stop wage garnishment?. I received a letter from my employer stating, which i believe is a collection agency, is having my wages garnished.
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A:In California, there are options for seeking assistance with stopping wage garnishment. You might consider contacting legal aid organizations in your area, which often provide free or low-cost services to those facing financial legal issues like wage garnishment. Another avenue is to check with local law schools, as some have legal clinics that offer free advice and representation. It's also advisable to review the garnishment notice carefully to understand the basis of the garnishment and ensure its validity. Responding promptly to any legal notices or court orders related to the garnishment is crucial. If the garnishment is due to a consumer debt, you might have the option to negotiate a payment plan with the creditor. In certain cases, filing for bankruptcy might be a solution, but this has significant legal and financial implications. Each situation is unique, so getting personalized advice from a legal professional is beneficial.
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Q: Am I asking too much to protect myself from potential damages by my neighbors contractor?. My neighbor has informed me that he is installing an Additional Dwelling Unit in her backyard. Although a permit has not apparently been submitted yet, he is pressuring me to sign an approval document from his contractor which stated nothing more that the hours and general work performed to have my electricity turned off between hours stated in order to hoist preassembled pieces of this unit over their home and into their backyard. My family also shares a driveway with this neighbor and my questions are: Is it unreasonable to request the contractor to produce some sort of proof of liability insurance with dollar amount covered to protect me in the event there is any damage to my property during this event? Can I request this and any information regarding the need to access my half of the driveway be included in this document? How much notice can I expect before doing work and can this also be included in this document I am being requested to sign? What if I dontr sign?
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A:It is not unreasonable to request that the contractor provide proof of liability insurance to protect you in the event of any damage to your property during the installation of the Additional Dwelling Unit. It is also reasonable to request that any information regarding the need to access your half of the driveway be included in the document you are being asked to sign. You can also request that the document include the amount of notice you should receive before any work is done. This can help ensure that you have adequate time to prepare for any disruptions or inconveniences that may occur during the installation process. If you do not feel comfortable signing the document without these provisions, you have the right to refuse to sign it. It's important to protect your own interests and ensure that you are not exposed to any unnecessary risks or liabilities. If you have concerns about the installation of the Additional Dwelling Unit or the actions of your neighbor or their contractor, you may want to consult with a real estate attorney. They can help you understand your legal rights and options and advise you on the best course of action to take to protect your property and interests.
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Q: Can a Florida convicted felon (80s) whose civil rights were restored (2005) conceal carry a c02 powered air pistol?. I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a "firearm" or a deadly weapon. I just wish to carry it as a "deterrent" against anyone who may try to road rage, attack me with a knife or blunt object etc... I feel the sight of the airgun (Its a 1/1 copy of a Walther PPQ) and strong verbiage alone would be enough to scare most would be attackers off. According to FS 790.23, a c02 powered paintball marker would not fall under this as a "weapon" if I am reading it correctly. Thank you for your consideration on this matter.
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A:You are correct; if the pistol does not "expel a projectile by the action of an explosive", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions. However, your plan to keep it "as a 'deterrent' " is a very bad idea. First, the law requires you to have a "handgun or weapon [in your vehicle] ... securely encased or otherwise not readily accessible for immediate use". So, in order to try to scare your attacker away, this plan would not be practical. Secondly, If someone is coming at you with a knife or club, and if you were able to pull out the mock firearm in a timely manner, it is doubtful that the attacker would be intimidated. They would more likely become violent more quickly. To paraphrase a line from a certain film, "don't bring only a paintball gun to a knife fight.
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Q: hired contractor to convert garage to additional dwelling unit and patio enclosedbut patio enclossed was never built. hired contractor to convert garage to additional dwelling unit and obtain patio cover permit which existed before I bought the house contractor offered to build new patio enclosed instead of obtaining permit of existing patio cover with $35,000 higher qoute than other contractors. I signed the contract with this company but company did not built the patio enclosed so i called company about this matter but wasn't able to talk to company owner so I continously left message that I am taking this issue serious and will take this to court then contractor came home and altered contract and threaten me to sign 2nd amended contract that states he is only doing garage conversion what law makes this company to enforece illegal altering contract. I have talked to one of the attorney and he advised me that attorney cost will be more than cost of building new patio enclosed if I hire attorney can I recover attorney cost from defendant after I win?
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A:Under California law, altering a contract without the consent of all parties involved is generally not enforceable. If you successfully sue the contractor for breach of contract and win, you may be able to recover reasonable attorney fees if there is a fee-shifting provision in the contract or if it's allowed by a specific statute. However, the specific circumstances of your case and the contract terms will determine whether you can recover attorney fees.
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Q: A girl is threatening me that she will take action against because she thinks I tried to break her friendship. I was like her brother only . She thinks I have feelings for her but I never had one and also she things I tried to break her friendship when I tried to contact her and her parents to solve the matter ..she threatened me that she will take strict action against me . I am just a student and I never had any bad intentions regarding her i have proofs regarding all voice note she said about her friends... Which i replied and give my opinion .. and in reality i never tried to break her friendship. But now she has blocked me and threatened me yesterday regarding this
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A:In your situation, it's important to understand that threats of legal action can be distressing, but they are not always grounded in a legal basis. If you have not engaged in any illegal activities, such as harassment or threats, then it may be unlikely that she has a valid legal claim against you. Keep all evidence of your interactions, such as voice notes, texts, and any attempts to resolve the issue peacefully. This documentation can be crucial if any legal action is taken. It's important to demonstrate that your intentions were not harmful or malicious. If she does proceed with legal action, it's important to consult with a lawyer who can advise you based on the specifics of your case. They can help you understand your legal position and rights in this situation. For now, it might be best to avoid further communication with her, especially since she has blocked you and expressed a desire not to be contacted. Respecting her wishes for no contact can be important both personally and legally. Remember, misunderstandings and disputes can escalate, but they don't always lead to legal action. It's important to stay calm, keep a record of all relevant interactions, and seek legal advice if the situation progresses.
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Q: If an armed guard is using their personal vehicle at work are they allowed to have other firearms inside their vehicle. In the state of Tennessee can an armed guard have a rifle in their personal vehicle at work if they did not qualify with the firearm but the rifle is not on their person. If the guard got shot at would they be within their legal right to use the rifle to defend their own life
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A:You can have the rifle in your vehicle unless your employer prohibits it. After using deadly force, DA's may or may not prosecute you. It will not make alot of difference whether your firearm was authorized or not by your employer.
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Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.. "but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99% probability a typo and intended to say last sentence of subsection D & E - this makes total sense in the context also (these both would remove a discretionary entitlement which was what this ordinance was about). Is this part of the Ordinance (in the first part of the first sentence) effectively void, and/or unenforceable?
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A:Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement. In cases where there's a reasonable interpretation that aligns with the overall context and purpose of the ordinance, that interpretation may be favored. So, if it seems likely that the intended reference was to the last sentences of subsections D and E, rather than a non-existent subsection E of D, this interpretation can be argued. However, the enforceability of this seemingly erroneous part of the ordinance depends on how the courts interpret it. If challenged, a court may consider the intent of the ordinance, the context in which the disputed language appears, and the implications of any potential error. In situations like this, it might be necessary to seek a formal clarification or amendment from the municipal body that issued the ordinance. Until such clarification is obtained, the ambiguous portion of the ordinance might still be considered in force, albeit subject to challenge. Given these complexities, it would be prudent to consult directly with legal counsel familiar with municipal law and zoning regulations. They can provide more specific guidance based on the full context of the ordinance and any relevant legal precedents.
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Q: How can I get a rehearing or appeal decision for involuntary tpr hearing or transfer case to the state I live in now?. My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps claims I wouldn't comply with case plan but they wouldn't provide details such as, time, date, location of classes I needed to take. The evidence I have proving I wasn't neglectful to my children was never presented. I need to switch venues now that I have had to move yet again to try to flee from abuser which made it more difficult for me to be present for tpr hearing. The state of Georgia, thomas county specifically, is legally stealing children from parents with low incomes so they can get government funding. I have evidence but who and how can I present this to stop them? Please help me cuz everyone acts like I'm crazy. How can it be best interest to keep kids away from family that loves them
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A:I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.
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Q: My question relates to maritime law, LHWCA; 33 U.S.C 928. My debate relates to what does the term “employer and carrier” means in this context?
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A:Under the statute, the terms are defined as follows... "The term "employer" means an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel)." "The term "carrier" means any person or fund authorized under section 32 [33 USC § 932] to insure under this Act and includes self-insurers." Good luck Tim Akpinar
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Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?. I have a product that saids Decodable booklets | Science of Reading Aligned
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A:When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading Aligned," you need to ensure that you're not infringing on any registered trademarks. The term "Science of Reading" can be considered descriptive and might not be trademarked in itself. However, if it is associated with a specific program, method, or publisher, using it could potentially lead to legal issues. It's wise to research and confirm whether the term is trademarked in the context you're using it. If in doubt, consider using a more general description or your own unique branding to avoid potential legal complications. It's also helpful to review the terms and conditions of the Teachers Pay Teachers platform, as they may have specific guidelines regarding intellectual property rights. In case of uncertainty, consulting with a legal professional experienced in intellectual property law can provide clarity and help you navigate these matters effectively, ensuring that your products comply with legal requirements.
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Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?. i turn 17 in november, and am adopted.
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A:I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address to a new location but likely are going to need to contact legal aid and explore whether you can be emancipated. Frankly, i believe you should seek out a trusted adult family member to act as your legal custodian until you graduate high school at least.
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Q: Is it okay to write a letter to a judge to intervene so both sides of attorneys will stop delaying the case?. I have a class action law suit. Attorneys have agreed to go to mediation. However, the employer's attorney is angry the judge did not allow an email into the case as evidence so he is intentionally delaying the settlment. My attorneys have made me aware of this, but numerous times have remarked, "Well you wrote this email so he is delaying the case." Claiming they would have settled with me as an individual. This is not true. My attorneys never had a discussion with me they were going to have this conversation with the Defendant. I believe both sides are using this email against me. My attorneys with billable hours and Defendant's attorneys laying the case. Now my attorneys want me to sign a declaration with statements that are not true. I want to write a letter to the judge to intervene make her aware the case is intentionally being delayed and my attorneys are allowing it. I want to just forward, I need to move forward.
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A:It is inappropriate for you to write the judge on a class action case in which you are represented by counsel. If you have a problem with the attorney(s) who are representing you, you must take that up with the lawyers yourself. Either that or retain another attorney to take up your representation and fire the current attorneys of record. Disputes between lawyers and their clients are never to be brought to the attention of the judge in the case, especially one that is a class action. It will not go well for you if you insist on writing to the judge.
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Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?. Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African Americans as food, products, or services?
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A:The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached with sensitivity and respect for the community it represents. In the case of "African American Inc.," without specific details about the company's products, services, or marketing strategies, it's difficult to assess how they are using the term. However, it's important to note that the use of racial or ethnic identities in trademarks does not imply that the company views or promotes the individuals of that race or ethnicity as products or services. If there are concerns about the company's use of the term, especially if it's deemed disrespectful or exploitative, individuals or groups can voice their concerns through social platforms, contact the company directly, or seek legal counsel. In some cases, filing a complaint with the United States Patent and Trademark Office (USPTO) or other regulatory bodies may be appropriate if the trademark is considered offensive or misleading. It's crucial to remember that trademarks are intended to distinguish goods or services of one entity from those of others. They should not dehumanize or reduce a community to a commercial entity. Any company, especially one using a term with deep cultural and racial significance, should operate with a high level of cultural sensitivity and respect.
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Q: My mother died due to negligence of a nursing home. What lawyer do I call.. My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.
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A:The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?
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