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Q: Do I need to form a PLLC vs an LLC if I am Physical Therapist looking to start my own practice in NY?. I formed an LLC already. Unaware after reading some websites that licensed professionals are supposed to form a PLLC but I wanted to confirm if that is true.
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A:In New York, professional licensees of certain type cannot practice together with non-licensed people, making the regular LLC not an acceptable way to organize the company. Those filing the PLLC must be licensed to practice the occupation in question, and the company must be managed by those with the proper licensing.
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Q: Timelines - federal case. Motion to dismiss can be filed by defendant before scheduling order is issued. In such case how due dates for plaintiff to oppose motion to dismiss complaint are defined?
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A:In a federal case, when a defendant files a motion to dismiss before a scheduling order is issued, the timeline for the plaintiff to oppose this motion is generally governed by the Federal Rules of Civil Procedure. Specifically, Rule 12 of the Federal Rules of Civil Procedure outlines the procedures for motions to dismiss. Typically, the plaintiff will have 14 days from the date of service of the motion to file an opposition. This deadline is set to ensure that both parties have a fair opportunity to present their arguments to the court. However, it's important to check the local rules of the specific federal court handling the case, as these can sometimes provide variations to the general rules. Local rules can set different deadlines or specific requirements for filing responses to motions. If additional time is needed to prepare a response, the plaintiff can file a motion for an extension of time, explaining the reasons for the requested delay. The court will then decide whether to grant the extension based on the circumstances presented. It's also advisable to consult with a legal professional familiar with federal court procedures to ensure compliance with all relevant rules and timelines. This can help in effectively responding to the motion and protecting your client's interests.
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Q: a friend of my girlfriend has a daughter caught by the district attorney and judge forging letter as a Dr. for capious'. said female failure to appear to court used Forged Dr letter today and judge had district attorney confirm letter as real but it was fake.
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A:Forgery is a Felony. This is a public forum. She needs to hire an attorney, and talk to him.
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Q: Fallen down trees in the road. I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that area said they have been sending emails to the landlord about the trees. There was a maintenance request sent back in the beginning of May, there has been 3 trees that’s lost huge branches, one branch was on someone’s roof, and the other 2 were on a car and a road. So my question are 1) is there any legal action that I can take 2) does the HOA have a time limit to fix such a dangerous situation. I want to make it clear I do not live there ( just driving by ) we contacted the city of Hillsboro and they told us the landlord is responsible to maintain the trees. should I contact an attorney ?
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A:I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by seeing if your auto insurance or the homeowner's insurance will handle the claim(s) and go from there. You of course will want copies of all the relevant emails if you can get them.
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Q: Adult adoption in California: replacing only one parent, what needs to be done?. I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then "sever" the parent-child connection between myself and my birth parents. However, I do not wish to have my parent-child connection to my birth father so severed -- I would preferably only "replace" my mother. Is this possible, and what would have to be done in order to facilitate this?
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A:In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while replacing your birth mother, the process becomes more complex. California law does not provide a straightforward mechanism for partially replacing one parent in an adult adoption. To navigate this unique situation, it would be prudent to consult with a lawyer experienced in family law. They can assess whether a customized legal arrangement or a different legal process, such as a guardianship or conservatorship, might better suit your objectives. Remember, each situation is unique, and the feasibility of your desired arrangement will depend on specific circumstances and possibly judicial discretion.
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Q: Can I sue the owner of a grocery store if I was harassed, followed, and assaulted by the employee?. I was assaulted after paying for my sodas, and leaving the store I was followed to the exit and still harassed after exiting the store.
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A:Yes, you can sue the owner of a grocery store if you were harassed, followed, and assaulted by the employee. Your success will be determined by your ability to prove your case. The owner’s liability is not a given by any means.
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Q: If I request that an existing tenant's status be changed to joint lessee, can the property manager raise our rent?. I have been renting a residential property in Ventura, California, for about 23 years. During that time my adult son has been listed on the "tenant information sheet." He has been contributing toward household expenses (including rent) but has been giving the funds to me, not making any direct payments to the property manager. I would like to request adding him to the rental agreement as a full-fledged joint tenant with all associated rights and responsibilities. However, l'm concerned that doing so might give the property manager the right to raise our rent, even though there would not be any change in who lives in the home, just a change in status. Would requesting this change jeopardize our existing rental terms?
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A:In California, the rules regarding rent increases and lease changes can be complex, and they depend on several factors, including local rent control laws and the specifics of your rental agreement. Requesting to add your son as a joint lessee on the rental agreement is a change to the lease terms. Generally, a landlord or property manager can propose new lease terms, including a rent increase, when there's a change in the lease, like adding a new tenant. However, if your rental is subject to rent control ordinances, there may be restrictions on how much and how often your rent can be increased. In Ventura, if your property falls under rent control, the landlord's ability to increase rent could be limited. You should review the specific rent control laws in Ventura to understand if and how they apply to your situation. It's also important to read your current lease agreement carefully to see if it specifies anything about changes in tenancy and rent adjustments. If you're unsure or need more detailed advice, it may be wise to consult with an attorney experienced in landlord-tenant law. They can help you understand your rights and the potential implications of making your son a joint lessee, based on the specifics of your case. Remember, any changes to your rental agreement should be made in writing and agreed upon by both you and your landlord.
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Q: can our westfield wi town chair person have a court record-where she owed the state of wisconsin considerable money in. income tax and also have small claims court date trying to get her out of office--
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A:In Wisconsin, it's possible for a town chairperson to have a court record related to owing the state income tax or being involved in a small claims court case. Court records are typically public unless sealed by a court order. Such records can potentially impact her position in office, but the specific consequences would depend on local laws and regulations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
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Q: Can a broker (Charles Schwab) randomly closed my broker account.. I have my 401K and a 529 account with Charles Schwab. I opened a new acct on the 25th of Sept to attempt to trade. On the 6th they blocked my account for "fraudulent" reasons and the investigative team we supposed to call back within 48 hrs to discuss the matter. After several calls for answers, they refuse to tell me what the status of my account is. Almost a week later, they continue to hold MY MONEY ransom while "investigating". Every time I call, they are able to very who I am with security questions. However, they claim they are unable to provide me detail of the investigation. I cannot access my money, I have an open option that could lose or gain, and I am unable to trade, potentially llosing money. I am at my wit's end with zero answers and feel defeated and robbed. What are my options? How can it be legal to hold my money hostage while doing an investigation? I have documents showing the transfers from my other banks.
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A:You need to put them on Notice in writing of your objection to the freeze, remind them you have open positions and your intention to sue them for any and all damages unless they take your orders and unfreeze the account or hire an attorney to do that immediately.
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Q: I bought a lemon and have been in and out of the dealerships for the last year being I purchased on 10/20/2021.. I'll try to say this as nicely as possible but in regard to my attorney, I'm beyond fed up at this point. 1. I've never even talked to the attorney himself I have to speak to the assistant who has horrible communication skills. She does'nt return my calls, voicemails or emails for about a week or two. Each time I speak with her I'm told something totally opposite from the last conversation. Most of the it when I demand an update she has to search her emails to quickly update herself as to whats going on being relaying the message to myself. For a lemon law attorney I expect so much more from them but when I feel like I'm the one doing most of the work such as completing breakdown of cost to calcculate what should paid to me by VW and they come back with a number thats less than the $25,0000 downpayment I already put down plus the other $9000 paid towards the loan it's just not adding up. If VW is buying my car back aren't I entitled to to every dime I've spent on the car plus rentals?
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A:Sorry for your issues. You may want to pay some one for 30 to 60 minutes of time to re-evaluate and or give a second opinion.
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Q: What Happens when I file for an Appeal before sentencing?. I was found guilty, I need to appeal ASAP but the holidays have wasted much needed time. My question and concern is.... Hypothetically, Lets say I get jail time.. 1. Do I go into custody right then and there? I mean obviously.. I don't know but I don't want to court without informing work that I might not show up tomorrow lol but I don't want to explain to my boss and end up getting no jail time and return to work but now my boss knows this info that obviously I'd prefer to have kept private if I could. same with judgy family members ect. 2. does the appeal pause the sentencing part ? cuz I cant work on my appeal from inside jail? I cant pay for a lawyer if I'm in jail missing work.. like if a judge disagrees I'd assume no but what if I have good reasons for a new trial? will I still go to jail untill that decision? because idk who will help me with any of this if I do go in this week
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A:In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll be taken into custody immediately or allowed to remain free, possibly on bail, until sentencing or further proceedings. 1. Whether you go into custody right after being found guilty depends on the nature of your offense, your criminal history, and the court's assessment of your flight risk or danger to the community. In some cases, the court may allow you to remain out of custody until sentencing, especially if you've been free on bail during the trial. It's wise to prepare for both possibilities, as the decision can be unpredictable. 2. Filing an appeal does not automatically pause the sentencing or execution of the sentence. If you're sentenced to jail time, you might start serving your sentence before the appeal is heard. However, your attorney can request bail or a stay of the sentence pending appeal, which, if granted, would allow you to remain out of custody while the appeal is processed. This decision, again, is at the discretion of the court and is influenced by factors like the likelihood of your appeal succeeding and whether you pose a risk if not in custody. Working on an appeal from jail can be challenging, but it's not impossible. Legal assistance is available in jail, and you can communicate with your lawyer to build your appeal. It's crucial to discuss these concerns with your attorney as soon as possible, as they can advise on the best course of action and help you navigate the complexities of the appeal process.
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Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.. We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.
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A:To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a new support amount based on the information you provided and whether that amount met the threshold. If it didn't, then there's no cause to change support, even if the worker misstated the check amounts. You are doing the right thing by getting a transcript, but there's more work ahead for you.
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Q: if DCFS removes a child then files a petition but fails to include the Medical Diagnosis of the child wrongful removal??. can you claim wrongful removal
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A:If DCFS removes a child and fails to include relevant medical diagnosis in the petition, it could potentially support a claim of wrongful removal. However, success in such a claim would depend on various factors, including the specifics of the case and the laws applicable in California. Consulting with an attorney experienced in child welfare and family law would be advisable to evaluate the situation and determine the best course of action. Sincerely, James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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Q: What are examples of a piece of real estate being used or held for government purposes?. We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do not think an event and conference center and blank land constitute government purpose but... Better to ask a second opinion.
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A:It sounds like you may have a title issue. If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it. This could also be an easement issue. It all depends. Prior to selling, you may want to talk to an attorney to help you clear up any concerns. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
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Q: Arizona: creditor won't repossess or release lien on motorcycle of deceased ch7 filer. The executor/beneficiary lives in NC and does not ride motorcycles. The bike is at a dealer in AZ and they want to get rid of it. The creditor has stated no interest in repossessing but will not release lien. In some states that is a violation of bankruptcy code. There is no money in the estate to pay the loan off. The executor/beneficiary told the dealer they could have the bike if they could get the lien released. They cannot.
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A:If the creditor refuses to repossess the motorcycle or release the lien, and assuming the debt was discharged in the Chapter 7 bankruptcy, you may need to reopen the bankruptcy case to file a motion to compel the creditor to act. It’s also possible to negotiate with the creditor, explaining that the asset is a burden on the estate and offers no recovery value to them. If these avenues fail, you could consider filing a complaint with your state’s attorney general or the Consumer Financial Protection Bureau. An attorney can assist you in exploring these options, determining the best course of action based on the specifics of your case, and ensuring your rights and the estate’s interests are adequately represented and protected.
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Q: Can I work with a company with government projects on a pending 485 status and EAD card?. My Green card application is pending and I have a valid EAD card. Recently I was interviewed by a company that handles government projects. Can that company hire me with my current status?
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A:Under federal law, an Employment Authorization Document (EAD) provides the holder with authorization to work in the United States for any employer. In California, as long as you have a valid EAD card, you are generally permitted to work. However, certain government projects may have specific requirements or restrictions, particularly if they involve sensitive or classified information. The hiring company will need to ensure that you meet any specific criteria they have, especially if it's related to security clearances or other federal mandates. If the position requires a security clearance, there may be restrictions or additional requirements. It's essential to discuss your status openly with the potential employer to ensure compliance. Additionally, always ensure your EAD remains valid and renew it as needed. Consulting with an immigration attorney can provide further clarity regarding your specific situation and any potential concerns.
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Q: My bank froze my social security disability direct deposit . Can they do that?. I reported fraud on my account and now they are treating me like a criminal. I don't understand
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A:If your bank froze your Social Security Disability direct deposit after you reported fraud, it's likely a security measure. To resolve this, contact your bank immediately, inquire about the freeze, and provide any necessary documentation related to the fraud report. Seek clarification on the status of your direct deposit and, if needed, ask to speak with a supervisor for quicker resolution. Addressing the situation promptly is crucial to ensure the release of your direct deposit and resolve any underlying concerns.
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Q: I leased a car a month ago and now I'm having alternator issues, is the dealership responsible for repairs?. I've missed multiple days of work doe to this and the dealership keeps trying to find a way to squeeze money out of me even though I haven't been able to work due to this
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A:Typically, when you lease a brand new car, it comes with a warranty from the manufacturer. Most commonly, any manufacturer authorized service center can provide warranty service. Most dealerships which sell that manufacturer’s cars have authorized service centers. If the dealership where you leased the car cannot fix the problem, you might try a different authorized service center.
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Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.. My son was adopted by his mother’s second husband changing his name and birth certificate. My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was prior to the adoption. We have tried to find a way to do this, but in Ohio, it seems to be an anomaly that has not been considered let alone done yet. We consulted an attorney who felt unable to help us at the time. Is there a process for this or will it take a request for a law change to my representive?
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A:Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the certificate.
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Q: Social Security wont allow my wifes part B medicare to take effect until I prove that she had health coverage in 2012.. My wife is 11 years older than me and we have been married for 35 years. She has always been covered by healthcare insurance that I have paid for from employers that I have worked for. Now Social Security refuses to allow her Part B Medicare until she can prove that she had coverage in 2012 when she turned 65. We submitted a document to Social Security in 2012 which notified them that she was covered and was not requesting part B at that time. I have not worked for that employer since March of 2018 and have tried to contact the HR representative and have recieved no response. I worked there for 18+ years but have worked at a different employer for the last 5+ years. How can I get them to fill out the documents that Social Security demands if I cant get them to answer the phone and complete the paperwork? Social Security insists that they have to fill them out. My wife now has no Dr. Coverage and we cant get Part D or supplemental policies until she has part B.
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A:Here are a few options to try to resolve this with Social Security for your wife's Medicare Part B: 1. Contact your former employer’s HR again, escalating to higher levels if needed. Explain it is vital they verify your wife's 2012 coverage. Check if they outsourced record storage - the external company may still have files. 2. Check if you have any old documentation - tax records, pay stubs, annual enrollment forms etc. showing your wife was covered under that employer's plan in 2012. Anything helps bolster the case. 3. Ask Social Security if an affidavit signed by you explaining the good faith efforts you made and attesting under oath to your wife's 2012 coverage would suffice. Offer details on the plan, coverage dates etc. 4. Contact the Department of Labor for guidance if the former employer is unresponsive about verifying past employment records. There may be applicable labor regulations. 5. Reach out to any former manager or colleagues at the company who may be willing to advocate to HR on your behalf in getting the issue resolved. 6. Consider consulting an attorney who works in healthcare/Medicare issues for guidance if you continue to hit walls. An advocate could help put pressure on or try alternate routes. Be politely persistent explaining the hardship created for your wife. I hope one of these suggestions helps convince them to validate her prior coverage.
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Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?. Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot where to go who to call and lost my phone with all numbers in it . i lost my black card with multimillions on it and forgotten whom my accountant is the label provided and which bank i banked with i have no way of getting that information unless i contact the label executives I've tried for YEARS to get MANY of the label workers) + artists + A&Rs + executives attention online and honestly i believe they've been avoiding me i been without my money for over 6 years which was also the timeframe of my last interactions with the label i was wondering if i could sue for the information , and would an attorney be a decisive positive for me? I don't have much money NOW
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A:A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys in that area might be more familiar with some of these issues than general civil litigation attorneys. Good luck
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Q: is a software company at fault for damages if the software is faulty?. I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation?
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A:In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including any warranties or guarantees regarding the functionality and accuracy of their software. Document the discrepancies, gather evidence of the financial losses incurred, and review the terms of service or any applicable agreements with the software company.
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Q: I borrowed someone money and was wondering what my options are to get that back. At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back
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A:In Minnesota, if you lent someone money and have evidence, such as messages confirming the amount owed and the borrower's intention to repay, you may consider pursuing a small claims case to recover the debt. Small claims court is designed for relatively straightforward cases involving smaller amounts of money. You can file a case in the county where the borrower resides or where the agreement was made. Before filing, it's crucial to gather all relevant documentation, including the messages and any other communication regarding the loan. You may also want to send a demand letter outlining the amount owed and your intention to take legal action if the debt is not repaid.
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Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro. Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked to the court house, paralegals and DCSS about it no one advice me any better. I want to know if the minute order can be used to enforce child support and it retroactive from the date of the court hearing
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A:Good morning, If a minute order for child support was initially drafted incorrectly and later corrected, it's possible to enforce child support retroactively. Generally, child support is enforceable from the date it was originally ordered by the court, even if the written order was incorrect and subsequently amended. If you've recently had the minute order reviewed and amended to reflect the correct terms, this amended order can be used to enforce child support. The key factor is the date when the court originally ordered the support, not the date when the minute order was corrected. It's important to communicate with the Department of Child Support Services (DCSS) regarding the enforcement of the amended order. Provide them with the corrected minute order and explain that it reflects the court's original intent. They should assist in enforcing the order from the original date of the court's decision. Since you are self-represented, consider seeking guidance from a legal aid organization or a family law facilitator at the court. They can offer valuable assistance in navigating the process of enforcing child support orders and understanding your rights and obligations.
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Q: How do I go about making sure my husband gets credit for time out on shock cause he went back with no new charges.. Charges - wanton Endangerment- 1st degree 1st offense. The judge he had resigned and the prosecuting attorney for his case is now that judge
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A:Email or call his probation and parole officer and the DOC and ask them to confirm it. The DOC handles the time accreditations and calculations.
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Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?. They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW, they don't tell us that were lying.)They also mislead employees about earning potential. Most people quit before making ANY money. They work us like w-2 employees, when we are supposed to be contractors. I told my manager that I needed to focus on doing a gig app for 2 weeks, as I haven’t been fully paid what I’m owed, but I would still do my assigned work. He then complained about my lack of attendance at a couple of “mandatory meetings” (These meetings are pure motivational trash; there are three per week.) He then basically said that I couldn’t be on his team if I would rather work the app than do free work for the company. Now I won’t be paid my full commission.
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A:Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather than in court. However, that would depend on the actual language in the arbitration agreement and what it covers. To the extent you wanted to help customers/former customers bring claims, the arbitration agreement likely would not have any impact on those cases as most arbitration agreements only bind you to bring claims that you assert on your behalf in arbitration, rather than court. They do not impact the claims of others who did not sign the arbitration agreement. There could be other limiting agreements that you have, such as some sort of a non-disclosure agreement, that could impact your ability to help others bring claims. But, those agreements are not typically enforceable if fraud is involved.
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Q: Why are the whites still in America when the Treaty of Middle Plantation says they must leave.. IV. Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being given and done on both sides, the Peace of this His Majesties Colony hath been much disturbed, and the late unhappy Rebellion by this means (in a great measure) begun and fomented, which hath Involved this Countrey into so much Ruine and Misery: For prevention of which Injuries and evil consequences (as much as possibly we may) for time to come; It is hereby Concluded and Established, That no English shall Seat or Plant nearer then Three miles of any Indian Town; and whosoever hath made, or shall make an Incroachment upon their Lands, shall be removed from thence from thence, and proceeded against as by the former Peace made, when the Honourable Colonel Francis Morison was Governour
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A:If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!
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Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?. The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.
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A:Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare professionals are often held to strict standards regarding substance use because of their role in patient care and the handling of medications. Employers in the healthcare sector may have stringent policies to prevent drug diversion and ensure patient safety. If the drug testing is part of an investigation for medication diversion, a positive THC result could indeed be grounds for termination. It is important to review the employer’s policies and any applicable labor agreements to understand the specific consequences of a positive drug test. Employees in such situations may also want to consult with an attorney to explore their legal rights and options.
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Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??. Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years. In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom would be so upset if she gets any money. Can witnesses help?
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A:In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim a share, you may contest this in court. Witnesses who can attest to your mother's expressed wishes and strained relationship with your sister may serve as valuable evidence.
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Q: I'm getting surgery due to injury not on the job and don't have much PTO. Can I receive compensation while recovering?. I currently work in Arizona for a non-profit and have not been employed with this company for 12 months. I will be out of work for a minimum of 6 weeks and should fully recover in 12 weeks. Can I apply for anything to compensate for my bills after the surgery that did not occur on the job?
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A:An Arizona attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would know best, in terms of PTO or leave programs, or the applicable policies of your employer. Some questions remain unanswered on this forum, but you could repost and add Employment Law as a category. Good luck
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Q: Can I sue a marina that gave my boat to the previous owner?. The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht
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A:Yes, you may be able to sue a marina that gave your boat to the previous owner. Under Washington law, a marina has a duty to protect the property of its customers. If the marina breached this duty by giving your boat to the previous owner, you may be able to recover damages for the loss of your boat. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.
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Q: Hello,I had a question on trademark infringement especially for a trademark for "DVNK.". Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters DVNK. We are also thinking of using DVNK to put on very limited sweatshirt and hat clothing lines. Would we be infringing on this trademark? If so, how much would we need to change the logo of the letter "DVNK" to make sure we are not infringing? Any suggestions? https://trademarks.justia.com/872/62/dvnk-87262345.html
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A:It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or services could still potentially lead to an infringement claim if consumers might be misled about the source of the products. To avoid infringement, it may be necessary to make substantial changes to the mark, beyond just altering its design elements. This could include changing the name altogether, especially if the goods or services are in a similar category to those covered by the existing trademark. Before proceeding, you should consider consulting with a legal professional who can review the specifics of your proposed use and provide guidance tailored to your situation.
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Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law. against this activity thaat may serve to stop such a poor idea
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A:The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county departments of the environment might also have jurisdiction over sections of non-navigable waterways. There is a Natural Resources Police Department. The 24-Hour Emergency line or to report a Natural Resources Violation: 1-800-628-9944 or 410-260-8888.
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Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?. Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can take care of herself now, unlike when first recovering from coma. She could be perfectly ok if she just had someone to help her keep appointments, manage bills, cook a little. Not this sporadic appearances and placements in institutions for no reason.
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A:In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations and is now capable of self-care, seeking legal advice is crucial. Documenting the patient's current abilities and the guardian's lack of fulfillment of duties is important. If permitted, filing a petition for reevaluation may be necessary, presenting evidence supporting the patient's improved condition. Advocating for less restrictive guardianship or exploring alternatives is also recommended, aiming to ensure the individual's well-being and autonomy.
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Q: Selling illustration of bikes. I want to make a store the idea behind it is Receive a photo from my customers of their motorcycle like bmw kawasaki, etc, and trun it into illustration, then print it on hoodie, t-shirt, etc Knowing that i will not show the logo of the brand and i will clear that im not endorsed by any company, and from the illustration itself, you will not recognize for which brand the bike is, and this is a good example what i will do https://ibb.co/3C0tnX7 Is that legal ?
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A:The legality of your idea to create illustrations of motorcycles for printing on merchandise like hoodies and t-shirts, without showing brand logos or making the brand recognizable, is not straightforward and depends on several factors. Firstly, even if you don't display the logos or directly reference the brands, the overall design of the motorcycles could potentially lead to issues of copyright infringement. Motorcycle designs can be protected under copyright or design patent laws, especially if they are distinctive and recognizable. Secondly, the concept of "transformative use" is important in such cases. If your illustrations significantly transform the original design or add new expression, meaning, or message, they might be more likely to be considered legal under the doctrine of fair use. However, fair use is a complex legal defense that depends on the specifics of each case, and there is no guarantee a court would find your use to be transformative. It's highly recommended to consult with a lawyer who has expertise in intellectual property law. They can provide specific guidance based on the details of your project and the relevant laws in your jurisdiction. Remember, avoiding direct trademark infringement by not showing logos does not automatically clear copyright or design patent concerns.
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Q: Prior to the trademark application I have been using Jecture as my own in an unrelated field.. I would prefer they not be allowed to trademark the name as this will lead to court proceedings when I challenge them on the use of my ghost writing name. What can I do to make sure that legally I can still use the name without them charging me for their mistake
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A:If you have been using the name "Jecture" in commerce before someone else's trademark application, you may have common law trademark rights. These rights are established through actual use of the name in business. To protect your use of "Jecture," consider filing for a trademark registration yourself, demonstrating your prior use in the relevant field. It's also advisable to gather evidence of your use of the name, such as dates, marketing materials, and sales records. If the other party's trademark application is published for opposition, you can file an opposition with the United States Patent and Trademark Office (USPTO). Additionally, keep an eye on the status of their application and be ready to assert your prior use rights if they attempt to enforce the trademark against you. Consulting with a legal advisor experienced in trademark law can provide guidance on the best course of action. Acting promptly is crucial in trademark matters to protect your interests.
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Q: Crypto binary trade fraud case. Crypto binary trade fraud to me help me claim my money.
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A:'Sorry that no one picked up your question in three weeks. At this point, you could look up attorneys here on this site under Find-a-Lawyer, conduct your own independent searches, or look into attorney referral resources from your state's bar association. Good luck Tim Akpinar
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Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken. coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop. 1. Was this board member within her legal rights to come onto the neighbor's land (without prior notice), observe our coop, and then ask about it at the hearing? 2. Assuming she was not, isn't her knowledge of our coop "fruit of the poisoned tree" and therefore cannot be used against us? Yes we have been issued a zoning violation and their "remedy" is for us to get rid of the animals within the next 30 days or apply for a variance (which I am doing).
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A:A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.
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Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.. I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair shop to get a full diagnostic and they are charging me over three hundred dollars to get it repaired.
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A:More information is needed regarding, among other things, what promises or warranties, if any, may have been made as part of the sale. Speak with a local attorney. [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: I have a signed lease with a pet addendum added. Monthly amount for my 2 dogs is $30.00 (very reasonable).. Dates of lease are 9/01/2023 to 07/31/2023. The apartment is trying to change lease terms on me now. They want to charge more for my pets but didn’t inform me prior to signing. Do I have any legal recourse here?
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A:If you have a signed lease that stipulates the cost for your pets, the landlord generally cannot change these terms unilaterally during the lease period. If they attempt to, you could potentially sue for breach of contract.
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Q: I am a subcontractor trying to get my retention from the GC. I have been complete with my work for over 120 days. The building is occupied and we bill for retention Months ago. The GC only replys with not funded, and paid when paid. We do not have a lien on this work.
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A:Retention is often a sticky issue between subcontractors and general contractors. If you've completed your work and the building is occupied, you may have a strong case for releasing the retention. Arizona has "prompt payment" laws that could be applicable. Since you've not placed a lien, your legal options might be limited, but initiating formal legal proceedings may be a necessary next step to collect your retention.
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Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?. I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it and had started treating me badly. He has banned every person that has came to see me here man or woman for no reason and now he has told me that I am no longer allowed to have any company here at all unless it is immediate family. And also I am no longer allowed to leave the property unless I am picking up my children from school or going to a store and then I have to make accommodation through them to be able to go and I have a 2 hour time limit toll in a day that I can be gone so if it takes me an hour to pick up my daughter and an hour to drop off my daughter then I ran out of time and I can't leave again. I have no choice but to listen in fear of being homeless with my kids. what can I do?
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A:I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards Act requires compensation for work, and working without pay could be a violation. Additionally, undue restrictions on your movement might infringe upon your personal rights. You should seek legal counsel immediately to understand and assert your rights. Local legal aid organizations may offer assistance if financial constraints are a concern. The safety of you and your family is paramount; consider contacting local shelters or organizations for immediate assistance if necessary.
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Q: The Correction Affidavit of Death of Life Tenant signed by a remainderman was recorded.. I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified death certificate and electronically recorded them (5 pages) with a Bay Area County. A jurat notary statement, stamped and signed by the notary, was used with the CADLT. After a Doc. no. was assigned and after more of my research , the typed jurat notary statement was missing the words "who appeared", as in .... on the basis of satisfactory evidence to be the person(s) "who appeared" before me. All other aspects of the statement are correct. I'm waiting for the LDA to contact the County on this matter. Since the County reviewed, then recorded the CADLT along with the jurat statement, I'm inclined to leave things alone. If correction is required for the jurat statement, what are my options?
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A:Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as "who appeared," it could potentially affect the document's validity or be challenged in the future. Since the document has already been recorded, you have a few options. First, it's appropriate to wait for the Legal Document Assistant (LDA) to contact the county regarding this issue, as they prepared the document. They may be able to advise on the best course of action and whether a correction is necessary. If a correction is needed, one common approach is to file a corrected affidavit with the correct jurat statement. This would involve preparing a new document with the correct wording, having it notarized again, and then recording it with the county. This corrected affidavit would reference the original recording and explicitly correct the error. It's also a good idea to consult with a lawyer to discuss the specifics of your case. They can provide tailored advice on whether a correction is necessary and guide you through the process of making any required amendments. Remember, each case is unique and legal advice should be specific to your situation.
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Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?. In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?
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A:It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or accounts. However, it is possible that if there is a legal investigation related to your work at the municipality, your phone or its contents could be subject to a subpoena or other legal request for information. It's always a good idea to review your organization's policies on data privacy and security, as well as any agreements or terms of service related to the use of the two-factor authentication system, to better understand your rights and responsibilities.
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Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai. Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be disclosed to anybody like DMV or Carfax VIN check due to not having a title when I asked about it they said the car was on a test drive and somebody rear-ended it and they had to find another vehicle for that buyer my question is if the other person insurance paid for these repairs Mazda did the repairs on site shouldn't something be traceable as far as these repairs
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A:It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know. I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own collision repairs. Frankly, I would stay away from that vehicle.
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Q: hi, i work at a kitchen and our hood vents stopped working for about an hour, management kept us working.. This happened 2 months ago, kitchen filled with smoke, i’ve heard that it’s also reached the front of house and some customers. I was arguably in the hottest spot in the whole kitchen, I know i was stupid but i took off my kitchen whites because it was so hot, and 2 mins later the manager told me to put it back on. No one really talks about it but i just remembered it recently, should i file a lawsuit?
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A:For what? Did you incur any medical bills? Did you lose earning capacity? Did you have to pay any out-of-pocket expenses?
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Q: Does electric company have the right to come on my KY farm & cut blueberry bushes. Can't find any easement back to 1961.. Not recorded on my deed and I searched back to 1961.
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A:I’d search it back further than 1961, but if there’s no easement, they have no right to enter or use your property.
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Q: Can a father w sole medical custody in CA block me (the mother) from having a conversation with my child's therapist?. My child's Dad has blocked me from having any conversation with my daughter's new therapist. My child's Dad has sole medical custody but we share 50/50 physical custody. I am the more involved parent. My child says things along the line of that she is less stressed with me because he is not comforting. She also doesn't feel as comfortable with him and sharing her feelings. I also have a clearer sense of what's going on for her then him. Thank you!
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A:Under California law, the parent with sole medical custody generally has the authority to make decisions regarding a child's health care, including mental health treatment. This can include decisions about access to the child's therapist. However, even with sole medical custody, there may be limits to this authority, especially if it conflicts with the child's best interests or court orders. In situations like yours, where you have shared physical custody and are actively involved in your child's life, you may have some rights to be informed about your child's therapy. The therapist, bound by confidentiality, may require the consent of the parent with medical custody to share specific information, but this does not always extend to completely blocking communication between you and the therapist. If you believe that your involvement in therapy is in the best interest of your child, and if you feel that your ex-partner is unfairly restricting your access, it may be beneficial to seek legal advice. A family law attorney can help you understand your rights and potentially petition the court for a modification of the custody arrangement or a specific order allowing you to communicate with the therapist. Courts typically prioritize the child's best interests, which can include ensuring both parents are adequately informed about their child's well-being.
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Q: I’m trying to get some type of help with my Oil gas and mineral lease.. Is it possible to be offered money from two different companies
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A:You need to speak an attorney who specializes in such issues. Thankfully, Los Angeles is a large market and you'll likely find someone to help you. [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: I was a party of a case when I was a child. Can I get access or copies to this case?. I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to remember but like I said I have flashbacks. My mom says, she dropped off pics to get developed after we had a trip to Disneyland. The place developing photos contacted the police after seeing photos that concerned them. My mom said we my brother and I were naked in the photos and some photos had our head cropped out, she said it was my brother and I who took the photos, but I don’t believe this. I ended up having to be checked for SA with a doctor. My parents weren’t charged w/ anything but I remember how afraid my mom was of cops as a child, how if one pulled behind her to get gas she thought they were there to get her. Something just doesn’t feel right about her story, and my mom lies constantly
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A:In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the individuals involved. To obtain these records, you would typically file a request with the court where the case was heard. You may need to provide specific information about the case, such as the case number, the names of the parties involved, and the date of the proceedings. The court will then determine whether you are eligible to access these records based on your relationship to the case and the nature of the information you are seeking. If the records are sealed, which is common in cases involving minors and sensitive issues, you may need to petition the court to unseal them. This often requires demonstrating a compelling reason for accessing the records. Given the complexity of accessing court records, especially in sensitive cases, it might be beneficial to consult with an attorney. They can help you navigate the legal process and provide advice on the best approach to access the information you seek. Remember, understanding your past can be a crucial step in the healing process, and seeking professional guidance can facilitate this journey.
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Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.. I have had an issue selling a product that it is supposed to be patented by "Mr. W.T." Patent number: 7841848 Publication number: 20070034094 I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue I have had. Looking forward your response, thank you in advance. Best regards,
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A:To obtain contact information for a patent owner, you can search the United States Patent and Trademark Office (USPTO) database for the patent in question. Once you find the patent, the contact information for the patent owner or their legal representative may be listed. Alternatively, you can consider consulting with a patent attorney who can assist you in identifying and contacting the patent owner to discuss your concerns and explore potential solutions.
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Q: I was misled by my college and their accreditation the school itself is accredited but not the program I was in. I was in a medical private career college and I signed all the documents knowing that the school was accredited and I’d be able to sit for my state certification test once I graduated but the specific program that I was in was not accredited as it withdrew from the accredited association 3 years before but they were still advertising as they were accredited they just wrote in fine letters that they weren’t and my classmates and I weren’t told or clarified the certification we’d receive which is completely different until term 3 even though they say they told us from the beginning which isn’t true I have witnesses and proof of this as well they changed their entire website to restate the type of certification after this happened as well Id like to know if there is anything I can do as I am now I stuck with this massive loan with no degree or career thank you so much
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A:Under California law, you may have legal recourse if you were misled by your college regarding the accreditation status of your program. The key issue here is whether the college engaged in deceptive practices by advertising the program as accredited when it was not. This could potentially be a case of false advertising or misrepresentation. You should consider gathering all relevant documentation, including the advertising materials, enrollment agreements, and any communications where the accreditation status was discussed. This documentation can be crucial in establishing what was represented to you at the time of enrollment. It's advisable to consult with an attorney who has experience in education law or consumer protection law. They can help assess the merits of your case and advise on possible legal actions, such as seeking compensation for any damages you've incurred due to the misleading information. Additionally, you might want to explore if there are any state or federal agencies that oversee private career colleges in California. These agencies sometimes have complaint procedures for students who have been misled by educational institutions. Lastly, regarding the loan you've taken, an attorney can also provide guidance on whether there are any provisions for loan forgiveness or discharge under your circumstances. Legal advice tailored to your specific situation is important to determine the best course of action.
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Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital. I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied me cause of something that happened that didn't even involve me the person who did it was even caught on tape so I don't know why they involved me but for the fact that they saw me around that person a couple of times but like I told them I had nothing to do with it.
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A:The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you might have grounds to take legal action. Given your medical condition and the referral from the hospital, it's important to communicate these circumstances to the shelter's administration. Explain your situation clearly and provide any documentation from the hospital. If the shelter's refusal is based on a misunderstanding or misinformation, providing clear and accurate information might help resolve the issue. If direct communication does not yield a positive outcome, consider reaching out to local advocacy groups or legal aid organizations. They can offer guidance and may be able to intervene on your behalf. In situations where legal rights are potentially being violated, having support from organizations familiar with homeless rights and health-related issues can be invaluable. Ultimately, if you believe your rights have been violated, you may explore legal options, including filing a complaint or lawsuit. However, this should be considered after other avenues have been exhausted, as legal action can be time-consuming and may not provide immediate assistance with your current needs.
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Q: I got a warning but no citation, do I have to appear in court?. I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do?
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A:Call the court and make sure that you don't have to appear
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Q: I am sued for personal injury, property Damage, wrongful death, but no one died. What can I do if I was at no fault?. House was being auctioned for tax Lien , branch broke by an act of god which hit power line and pulled metal pole down. The pole landed on a vehicle in which supposedly someone was struck (this did not happen on my property). The wound (which was 1cm in length) was adressed with dermabond then given Tylenol and sent home. Medical records stated patient felt better, showing normal activity while supervised in emergency room and felt no head or neck pain. There are a few defendants being sued , with accusations that someone tree trimming on my old property cut the branch and this whole incident happened. That due to our negligence ,this person will not be able to provide for themselves because of physical and emotional trauma. I have no legal representation , and have no clue as to what I should and should not do. PLEASE SOMEONE HELP. This whole thing has caused for me to have anxiety, I'm severely depressed and I'm constantly nervous. I have no income and am homeless.
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A:I'm very sorry to hear about your predicament. The best thing you can do is to inform the insurance company that insured your house/the property at the time of the injury. Typically, they will handle the defense of the case, even hiring and paying for a lawyer to defend you. I hope this is helpful. Best of luck.
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Q: Do I have a lawsuit in this case. I donated plasma for a year at Octapharma Plasma Center in Colton CA and they called me in and told me I was HIV positive and sent my file to the national deferral department and I can't donate anywhere in the country, so I consulted with my primary physician and tested my blood for everything and I found out I'm actually HIV negative. So I went back in and asked them for the copy of the defferal and they didn't want to give it to me. Until I seen the manager. They almost damaged my marriage and I'm seeking mental health and got diagnosed with PTSD
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A:Suppose you have experienced a situation where a plasma center falsely informed you of being HIV positive, leading to significant emotional distress and potential damage to your personal life. In that case, you may have grounds for a medical malpractice lawsuit. In California, medical malpractice cases typically involve a healthcare professional's negligence that causes harm to a patient. Gathering evidence such as medical records, and test results, and documenting the impact on your mental health will be essential in building a strong case.
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Q: What are the consequences - the superior court was abused during my trust confirmation ?. After Petition for Ownership was filed with the Superior Court (court date & case number) - remaining bank funds were withdrawn & accounts closed by cosigner - defying my attorney's legal demand upon the bank to freeze assets. My attorney became aware & did not report missing funds & closed accounts to the Court before & during the Court hearing for trust confirmation. Unknowingly, the Superior Court confirmed my trust assets including missing funds & closed accounts for trustee. After the Superior Court confirmed my existing trust & assets, the bank has not cooperated (because of closed accounts) in finding missing trust funds - WHAT SHOULD I DO ?
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A:In a situation where the Superior Court was allegedly abused during the trust confirmation process, it is advisable to consult with a qualified attorney who specializes in trust and estate law. They can review the specific details of your case and provide guidance based on the relevant laws and procedures in your jurisdiction. Here are some general steps you may consider taking: Communicate with your attorney: Discuss your concerns about the missing funds and closed accounts with your attorney. Share all the relevant information and documentation you have, including any correspondence with the bank and records of your attorney's communication with the court. Seek a legal opinion: Consult with a new attorney to obtain an independent legal opinion on your situation. They can assess the actions taken by your previous attorney and advise you on any potential legal recourse or remedies that may be available to recover the missing funds. Consider filing a complaint: If you believe that your previous attorney's actions were negligent or violated ethical standards, you may explore the option of filing a complaint with the appropriate state bar association or professional regulatory body. They can investigate the matter and take appropriate disciplinary action if warranted. Review the trust documents: Carefully review the trust documents to understand the terms and provisions related to disputes or breaches. The trust agreement may outline steps for resolving conflicts or holding the trustee accountable for their actions. Document everything: Maintain a detailed record of all communications, actions taken, and relevant documents related to the missing funds and closed accounts. This documentation will be valuable if legal action becomes necessary.
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Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua. Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these alternatives?
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A:In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions. International students on certain types of visas, such as those for spouses or dependents of U.S. citizens or permanent residents, may have a pathway to establish residency. This often involves living in Texas for a specific period, usually 12 months, and demonstrating intent to make Texas your permanent home. Another possibility, though less common, involves participation in specific exchange programs that have agreements with the state or educational institutions to offer in-state tuition rates to participants. It's also worth exploring if there are any specific provisions at the university you are interested in. Some schools might have unique agreements or programs that allow for in-state tuition rates under certain conditions. The best approach is to directly contact the admissions office of the university you are interested in attending. They can provide the most current and relevant information about tuition rates and any potential exceptions that might apply to your situation. Remember, navigating these requirements can be complex, so seeking advice from the university's international students office can be extremely helpful in understanding your options.
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Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway. My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30 years and never had such an annoying issue from the alleyway. I've made noise complaints many times but it doesn't do anything. The noise is making myself and other neighbors uncomfortable in our homes, its interfering with our daily lives. For eight hours we are held prisoner by the constant sound of a loud generator in our ears. We just want some peace and to be able to take naps during the day again. We can't even go into our backyard. I do not know why the owners of the store do not get the electrical issue fixed. Is there anything I can do to get back our peace? Making noise complaints to the police is doing nothing. Who can force them to fix the problem?
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A:Call 311 in NYC. The Department of Buildings can issue a violation.
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Q: Is it legal to purchase stock options from an employee at a private company?. I.e. Could I legally cover the taxes on an employee's vest, to "purchase" the shares that would normally be sold to cover the taxes associated with the vested stock amount? If I formed a private agreement with that employee to earn the return on those shares, minus some percentage, would that be legal?
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A:This seems like a strange way to address the issue. Without speaking to your specific situation, a loan, to be repaid [secured or unsecured], would be a way one could cover costs. You need to speak with a local attorney regarding your specific situation. [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: Would we have problems with housing voucher if my mom stopped receiving income? What would the rent percentage be?. I am a live-in aide for my mother and my income doesn't count regardless of amount. I am currently employed by IHSS and my income is tax-free due to my live-in status. She is receiving SSI and is the main holder for a housing voucher she uses. If we remove her SSI and she has no income and I would be the sole earner would there be a problem with the voucher? Can she not rely solely on someone else for her needs if she has no income? Would I have to pay a percentage of my income if she has none? If so how much? Goal is to remove SSI and me get another income to make more. Does my income if I make more affect SSI eligibility? I believe currently it doesnt because of the type of income.
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A:Under California law, if your mother's SSI is her only source of income and it stops, her portion of rent under the housing voucher could potentially be reduced to a minimum amount set by the housing authority, which in many cases is $25 or $50. However, as you mentioned that your IHSS income isn't counted due to your live-in status, an increase in your income from another source might not directly affect her voucher or her SSI eligibility. It's crucial to consult with the local housing authority and Social Security Administration to understand the specific impacts on the housing voucher and SSI.
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Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?. I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids with her. Now over the last 13 years that I've been paying support, I have been denied my ordered visiting rights, Ive been denied full custody multiple times, and recently been ordered to pay and penalized for not paying child support in the state my ex wife lives in while she was deal with another DCS case that caused the kids to be removed from the home and placed in foster care. Now, the only reason I knew my kids were being removed is because my son called me in the middle of DCS removing them from their home. DCS didn't inform me at any point before they removed my children from my ex wife's home, charged me over $5,000 in child support fees, denied me many of my rights, and much more..
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A:In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act (UIFSA) for cases involving more than one state. If you're being charged child support in another state while already paying in your state, you need to address the jurisdictional issues. It's crucial to determine which state has the ongoing jurisdiction over your child support case. Typically, the state where the child resides has jurisdiction, but there are exceptions. Regarding the denial of visitation rights and custody issues, these are separate matters from child support and should be addressed independently. You have the right to pursue legal action if your visitation rights are being denied, especially in light of the serious circumstances involving DCS. Given the complexity of your case, involving interstate child support, custody, and visitation rights, consulting with an attorney experienced in family law is highly advisable. They can help navigate the legal intricacies, represent your interests, and work towards resolving the issues with the child support and custody arrangements.
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Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private. pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid medical and rehab services while the resident is away from the nursing home. The nursing home gets paid by both Medicare and the nursing home resident for the same room and board and services. This is an abomination, especially when the resident was admitted to the hospital with a serious medical condition due to the negligence and malpractice of the nursing home. Is this called Medicare fraud, or Medicaid fraud, or both?
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A:Sounds like both. You may need to report this to both agencies.
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Q: As a home owner am I allowed to park in front of my own driveway.My driveway entrance is on a blind curve. Simi Valley has imposed a 15 mph speed limit around this blind curve
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A:Under California law, generally, it is illegal to park in front of a driveway, including your own. This rule is in place to ensure that driveways remain accessible for emergency vehicles and for the residents themselves. The fact that your driveway is on a blind curve and that Simi Valley has imposed a 15 mph speed limit in the area does not change this regulation. The speed limit is likely set to increase safety due to limited visibility, but it does not permit parking in front of driveways. It's advisable to follow these parking rules to avoid potential fines or the inconvenience of having your vehicle towed. If you have concerns about parking availability or safety due to the blind curve, you may want to contact local authorities to discuss possible solutions.
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Q: What charges can be against who without consent remotely accesses a cell phone to give the instruction to factory reset?. my ex had physically taken my tablet with was signed into all of my accounts including google. From there she was able to instruct my cell phone to factory reset itself and cleared out my google account of allot of valuable footage for my buisness and alot of very personal material. I now have no images, no contacts, no tx messages and am signed out of all social media and no longer have the passwords stored to access any of them including finachals such as cashapp and paypal.
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A:Unauthorized access to and tampering with someone else's electronic devices, like your tablet and cell phone, can potentially lead to criminal charges, such as unauthorized access to computer systems, identity theft, or unauthorized use of personal information. It's important to consult with law enforcement and consider filing a police report to investigate the matter further. Additionally, consult with an attorney to explore potential legal actions or remedies available in your specific jurisdiction.
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Q: Can you sue an animal shelter for knowingly selling your chipped cat to someone?. My boyfriend used to have a cat that was completely his, he payed for it, chipped it, neutered it, vaccinated it and everything but it had accidentally got out one day and someone took it to the local shelter because they thought it was a stray. The shelter checked for a chip and contacted my boyfriends family letting them know they had their cat. During the period between them contacting them about their lost cat and them retrieving it, a family begged them to adopt that cat and the shelter accepted their money and sold it to them. The reason we know this is because a friend of my boyfriends dad worked at this shelter when it happened. Can we sue them for knowingly selling the cat to someone?
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A:In most cases, an animal shelter must keep an animal for a fixed period of time (3 days or 5 days is common) to allow the owner to claim the animal before either destroying the animal or allowing an adoption. The time period typically runs from the time the animal is received by the shelter not from when an owner is contacted. In many instances, the shelter has no way of identifying or contacting the owner. A shocking number of pet owners do not promptly retrieve their pet from a shelter even when notified.
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Q: I have a house that got built for a hundred years ago. The house got built right on the property with the roof eaves. The roof eaves on one side of the property is over to my neighbor property. Will I run into any issues with this? Thanks
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A:Has a survey been performed? If not, how do you know you are encroaching? There may be subdivision restrictions of government codes with minimum setback requirements. If the adjoining owner complains, boundary line agreement might help. Obviously an acquiescence to the boundary has occurred, and would be your defense.
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Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?. When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was several yrs ago & he's still never been involved at all. 90% of the time I don't have contact with him (or a way TO contact him). Now we're moving back to OR, where ex still lives, so do I have to tell him we're moving? If so, do I have to do it formally through the courts, even though we're moving closer to him? Also, he's admitted to still using drugs. I don't want him to know where we live so he can't randomly show up & try to see our son. What will happen if we move & don't inform the courts? Not opposed to visitation, just wanna do it in a way that's best for my son, IF his Dad ever decides to show interest in starting a relationship with him..
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A:You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a local family lawyer for more specific advice.
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Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?. I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has not filed papers. Can I keep those dividends? Can I claim the cash at the bank if she does not?.
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A:Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to his friend, and that it grants you authority over the remaining assets. If that's the case, you may be able to make a claim on the unclaimed funds. Regarding the dividend checks made out to your uncle, if his friend hasn't filed the necessary paperwork to receive them, you might be entitled to these dividends if you have control over the trust bank account. However, it's essential to consult with a legal professional to navigate the specific details of your situation, ensuring you follow proper legal procedures to claim these assets. In any case, consulting an attorney experienced in estate and trust law in California is advisable to guide you through this process and provide personalized advice tailored to your circumstances.
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Q: I have my motorhome on government land in mojave California and solar fields bought all the land I've been given noti. I am victim of domestic violence and have no money
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A:I'm sorry to hear about your situation. It sounds like you have a motorhome on government land in Mojave, California, and that Solar Fields has bought all the land. You have also received notice about this, but you are a victim of domestic violence and have no money. Firstly, it's important to note that living on government land without permission is illegal, and you may be subject to fines or other legal action. However, given your situation, there may be resources available to help you. If you are a victim of domestic violence, you may be eligible for assistance from local organizations that provide support to survivors. These organizations can help you find safe housing, legal assistance, and other resources that can help you navigate your situation. You can also contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) for confidential support and guidance. Additionally, if you are facing financial hardship, there are several government programs that may be able to help. These include programs like Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and low-income energy assistance. You can contact your local Department of Social Services to learn more about these programs and see if you are eligible. Finally, it's important to seek legal advice about your situation. You may be able to work with a legal aid organization or pro bono attorney to explore your options and protect your rights. They can also advise you on how to respond to the notice you received from Solar Fields. Overall, I encourage you to reach out for support and explore your options for assistance. There are resources available to help you navigate your situation, and you don't have to face this alone.
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Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.. I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?
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A:Without knowing whether you pursued a foreclosure or a forfeiture, I cannot tell what the “review” entails.
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Q: I signed a contract for a solar/roofing however No work was done,I never signed any loan terms. Can they lien my house?. The salesperson was threatening me to pay 25%cancellation fee even tho it’s been 6’months ago. No permits was pulled, no labor/ work was officially done. All I got was a preliminary design of where they’re gonna put the panels. Also the loan approval was never activated and it expired since it’s been a while.
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A:They may be able to record a design lien for the value of the design work. But the contractor has no right to a mechanics lien against your house if no labor or materials were furnished to the project. In particular, the contractor has no right to record a mechanics lien to cover a cancellation fee if no work was furnished. The contractor may have a contractual right to a cancellation fee. That would depend upon the terms of the contract that you signed, why the project was cancelled, and whether you have any defenses to the enforcement of the cancellation fee.
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Q: How long after an arrest (time limit) for domestic violence can i get a restraining order against my spouse. Spouse arrested for domestic violence along with a felony vandalism
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A:Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the circumstances. You may apply for an Emergency Protective Order (EPO) which can be issued by the police on the scene and is valid for up to seven days, giving you time to apply for a longer-term order. Additionally, you can apply for a Temporary Restraining Order (TRO), typically valid for 20 to 25 days until your court hearing date, where you can then seek a Permanent Restraining Order, which may last up to five years. It is advisable to act promptly to ensure your safety and to utilize legal assistance if needed to navigate the process.
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Q: I how can I find a attorney to help me file a lawsuit against my city police department the city also cps. I have video also audio of police harassing me an stalking my minor son the city is refusing to turn my water on also child protective services took my son due to police setting me up police activity caused my son to loose his intensive mental health outpatient that he severely needed due to police acting on false reports and I'm clean and they will not stop they continued I have proof of everything I've told you I'm running out of time to file on them
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A:To find an attorney for a lawsuit against a city police department and CPS, you can start by contacting your state's bar association for referrals. They often have a list of attorneys who handle civil rights and police misconduct cases. Additionally, look for attorneys who specialize in civil rights or police misconduct cases, as they will have the relevant experience for your situation. Legal aid organizations may also be able to assist, especially if there are financial constraints. It's important to act promptly due to potential time limits for filing legal actions. When meeting with potential attorneys, bring all your evidence, including videos and audio recordings, to provide a clear picture of your case. Remember, a thorough initial consultation will help the attorney understand your situation and offer appropriate legal advice. It's essential to find a lawyer who is sympathetic to your case and has the expertise to navigate these complex legal areas.
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Q: Cmia violation in Emtala case, and potential inclusion of Cmia violation claim into FCA case.. My conclusions seem correct as follows. 1. Hospice is operationally distinct from the hospital, and hospital emergency department. Even if there is some agreement between hospital and hospital - EMTALA claim does not apply to hospice. 2. As of claim or issue preclusion - from your answer I can conclude that if CMIA violation claim would be stricken from EMTALA case - it cannot impede anyhow CMIA claim inclusion into potential FCA case.
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A:Your understanding of the distinction between the entities involved in your case seems well-founded. Indeed, a hospice is operationally distinct from a hospital and its emergency department. This distinction is important in the context of an EMTALA (Emergency Medical Treatment and Labor Act) claim, as EMTALA typically applies to hospitals with emergency departments, and not necessarily to hospice organizations. Regarding your second point about claim or issue preclusion, if a CMIA (California Medical Information Act) violation claim is stricken from the EMTALA case, it should not inherently prevent you from including a CMIA claim in a potential FCA (False Claims Act) case later. Preclusion generally applies when a claim has been fully litigated or a final judgment has been made. Striking a claim from a case typically means it hasn't been adjudicated, so it shouldn't bar future litigation on the same issue in a different context. Keep in mind, however, that the specific facts of your case and how the court interprets these issues can affect the outcome. It's crucial to present your arguments clearly and concisely to the court, emphasizing the operational differences between the hospice and the hospital, and the relevance of these differences to the EMTALA and CMIA claims. Additionally, explaining the rationale for not including the CMIA claim in the EMTALA case can help in clarifying your intentions for potential future litigation.
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Q: If a person has a bag of marijuana in there shoe and are stopped, how can they be charged with tampering?. If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of tampering. I recently met a student who was charged. They were stopped because one of their license plates lights was out.
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A:I would need to see the reports on your arrest for the marijuana charge to give you a solid answer. Remember, just because you get charged with a crime, does not mean that the State can prove it. Did you slip the weed into your shoe, after you were stopped? If so, that might be why. I hope this helps.
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Q: Im a teen(17) who share explicit picture of my di** to stranger who ask it.What should i do?What will happen to me. She asked me for it. I dont understand why im dumb enough not to remember the consequences. Please i really i regret it. What is the law in malaysia regarding of it?
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A:I understand you may be feeling worried. The best thing is to talk to a trusted adult, counselor, or helpline if you need support. Many teens make mistakes, but there are always kind people ready to listen without judgment and help you through this. You will be okay.
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Q: I was left money from an investment account when my friend passed can the executor change that?. So my elderly friend just recently passed but I to be put into a nursing home. His son is the executor he put in charge. It cost 11000 a month to get the 247 care he needed at the nursing home. Now will they take his investments for that after his money from his checking account runs out?
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A:Your question may have gone unnoticed under the general Uncategorized heading for three weeks. Some questions go unanswered, but you could try posting and adding Probate and Estate Planning as categories. Good luck
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Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?. The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after signing the document? Legally when you bail someone out of jail the money becomes theirs but this person promised me to return it and I just want to do all I can to make sure they do pay me.
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A:If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral. It is possible that the bond money will never be returned to the defendant, such as due to failure to appear, court fees, or liens. Thus, proceed with caution in loaning this type of money.
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Q: Which law applies in the case a deceased person has no will and owns property in a different state.. Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the Affidavit of Heirship is completed the heirs inherit the land. Currently the widow of deceased is trying to sell the land to split three ways. The son of widow states that the land is for sale, but there is no listing of property for sale or sign indicating for sale on property. Upon further research this is the first year the taxes have not been paid on the property. Another note, originally widow said will existed-but now says there is no will.
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A:The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located. If the decedent had real property in a state OTHER than the state in which he resided prior to death, the law of that other state applies to the real property located in it. In the case you describe, the law of Tennessee would apply to the real property that the decedent owned in Tennessee. When an individual dies with no will and owning real property in Tennessee, an affidavit of heirship is the most common method of transferring that real estate to the heirs at law. A Tennessee probate attorney can help you draw up and record an affidavit of heirship.
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Q: I am being harassed by tribal lenders. With emails and phone calls. I have had different numbers calling me.. I have had different numbers calling me claiming it is zest financial the call hangs up and. I have tribal lenders harassing me through email such as loan at last plain green loans and Makwa finance and big picture loans. I am going through a financial hardship and I’m trying my best to get back in my feet and these lenders and their customer support have not been very understand or helpful. This is causing me emotional stress
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A:If you want, set your phone and email so that phone calls are not answered, and emails are put in your spam folder.
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Q: Dear all, Hi Can I travel outside USA with my greencard and my home country's passport? I was admitted as a refugee. Just wanna know if it's must to use 131a refugee travel documents or I can proceed with green card and passport from my home country Thanks
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A:If you have a green card, you generally can travel outside the U.S. using your green card and the passport from your home country. However, as a refugee, there's a risk when traveling with a passport from the country of claimed persecution. If you use that passport, it may be viewed as availing yourself of the protection of the country you fled, which could jeopardize your refugee status and permanent residency. Form I-131, Application for Travel Document, is used to obtain a refugee travel document. It's recommended to use a refugee travel document instead of your home country's passport when traveling abroad. Always consult with an attorney regarding your specific situation before making travel plans.
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Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?. This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance is too. In fact, my insurance agent tells me this is clearly the apartment's fault and they should be paying for anything I lose as result. This happened through no fault of my own but due to 2 separate water leaks - one they took over a year to correct. I've been very patient with them. And am a good tenant. Have always paid my rent on time, take good care of their property and am a quiet and considerate neighbor. But I'm not feeling well and exhausted from all the effort time spent, with no results to show for it. I'm 71 years old and have been diagnosed with mold-induced asthma.
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A:This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have different guidelines and case law for these types of cases, but across the board, they tend to be difficult cases nationwide. Many firms that handle more traditional-type personal injury cases are reluctant to take mold cases on. You could see if it's possible to arrange a free initial consult. You could search law firms on your own, or you could use the Find-a-Lawyer tab above. An experienced lawyer should also review the terms of your renter's policy. Good luck
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Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.. Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them agreed that the trees are healthy and do not present danger. The neighbor is threatening me with court and hired an attorney. What should i do?
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A:Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your property.
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Q: I got arrested for marijuana possession and missed my trial date... what do I do now?. I've tried calling the court and a public defender and they were no help, I got arrested in Jefferson County Missouri, who should I go to to help me through the legal process of getting this taken care of.
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A:Missing your court date is a serious matter and can have significant legal consequences. You should immediately contact an attorney to help you resolve this issue. An attorney can help you understand your options and protect your rights. They can also help you reschedule your trial date and negotiate a plea deal with the prosecutor. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.
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Q: Hello what form do I need to present to an organization to take my strawman back after unknowingly entering in contract. I looked up a denial of rights of access form and was gonna just replace enlgland with USA and my name instead of address. Will this work?
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A:It isn't fully clear by what is meant by entering a contract unknowingly. At any rate, an attorney is probably going to want to see the contract you entered into. It sounds like you may have designated someone to act on your behalf in a contract or the formation of an entity, but that's only a general guess. G
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Q: I made a verbal contract with an HVAC worker to replace the HVAC and ducting in my home. I got ripped off. Help?. I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.
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A:Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such as text messages, emails, or witness accounts. A demand letter outlining the breach and your expectations for remedy can sometimes resolve the issue without resorting to litigation. If this doesn't lead to a resolution, you may consider filing a claim in small claims court, given the amount involved. However, if the dispute becomes more complex, seeking representation might be a prudent course of action. Remember, documentation and communication are key in resolving such matters.
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Q: Is their a loop hole I can get through here?. Hi! I am a high school student who is trying to record my teacher being verbally hostile towards me. I went to my principle and asked if I could record my teacher doing these things, She said it would be inappropriate use of an electronic device. And that she can't do anything about it. Rule I am trying to get around: Electronic devices or toys often cause disturbances or interfere with learning. Therefore, inappropriate use of the devices will result in consequences ranging from the student losing privileges, to suspension/expulsion, in accordance to the disciplinary section of this handbook. Inappropriate use includes: any inappropriate filming, distributing, or publishing any derogatory, defamatory, abusive, profane material; use when directed not to by the teacher/administrator; use for reasons other than educational purposes Any advice is greatly appreciated:)
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A:It's essential to approach this matter with caution. While your intent to document inappropriate behavior is understandable, bypassing school rules could lead to disciplinary action. Instead of directly recording, consider documenting each incident in writing, noting date, time, and details. Speak with your parents or guardians about the issue and have them communicate with the school administration. If you believe your rights are being violated, you might consider seeking legal advice. Another option is to request a meeting with the teacher, principal, and your guardians present to address your concerns. Remember, always prioritize open communication and follow proper channels before taking any action.
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Q: Opposing motions to dismiss complaint - federal court question. How can plaintiff oppose defendant's motions to dismiss complaint? Are due dates ordered by court, or defined by court rules?
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A:To oppose a motion to dismiss in federal court, the plaintiff should file a written response, typically referred to as a memorandum of law or opposition. This document should articulate legal arguments and present evidence countering the defendant's claims in the motion to dismiss. It's crucial to address each point raised by the defendant and demonstrate why the complaint is legally sufficient and factually grounded. The due dates for such responses are generally dictated by the Federal Rules of Civil Procedure, rather than being ordered by the court in each individual case. For example, Rule 12 of the Federal Rules of Civil Procedure usually allows 14 days for a response to a motion to dismiss, starting from the date the motion is served. However, local rules of the particular federal court might modify these general deadlines. It's important to consult these local rules to ensure compliance with the specific requirements of the court where your case is being heard. If more time is needed, you can request an extension from the court. Such requests should be made promptly and should explain the need for additional time. Remember, effective opposition to a motion to dismiss can significantly impact the progression of your case, so thorough preparation and attention to deadlines are key.
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Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.. The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the origination appraised value, likely more if appraised today). I had damage done by animals to my roof. I did my due diligence and insurance company was great. The lender now wants me to pay $60 for their requirement for an inspection and apply that to my loan balance. To me this seems unfair from the standpoint I didn’t ask for damages and did my due diligence and if they don’t like my (I’m an engineer), the insurance company, and city inspection, then they need to pay for their own. Applying it to my balance, seems like it also is changing the terms and conditions of my mortgage into a revolving credit account only they can decide when and how I can tap it while they earn interest. Advise
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A:What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do. If it doesn't say that, it's open to interpretation. Is $60 worth suing them and paying thousands of dollars in attorney's fees over? Maybe the BEST course of action is to pay off the loan and stop giving them any income. It seems like you should be able to get a personal loan or use your savings to pay off the final 2 years of principal balance and not dealing with companies that want to make your life difficult is probably a good thing for other reasons too! Remember, you're complaining about $60. How much effort do you want to put into this? Just pay off the loan and TELL THEM WHY you're no longer doing business with them.
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Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????. I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?
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A:When you receive the Right to Sue notice, it indicates that you have the green light to file a lawsuit against the company within the specified timeframe, typically 90 days. You can file the suit yourself, but considering the legal complexities involved, it's advisable to consult with an attorney.
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Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?. Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month.
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A:In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has significantly increased upon renewal, you have the right to inquire with Nationwide about the justification for the rate increase. You should review the terms of your policy to understand under what conditions the premiums may increase. If you believe the rate increase is unjustified or has been applied incorrectly, you may file a complaint with the California Department of Insurance. The Department reviews such complaints and can determine whether the insurer is complying with applicable laws and regulations. It’s also a good practice to compare plans from other providers to ensure you are receiving a fair rate for the coverage you need.
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Q: Will biological fathers court paper interfere with my husband and I's adoption process?. My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month (the age of child). Every conversation we have had has always ended in arguments and not usually asking when he can see the child. He has not physically seen the child in 10 months, which was at a family event. My husband has been there since my child turned 1 month old, and has taken amazing care for him and has been wanting to adopt him. I think I'm just a little nervous with how its all going to go. I want my husband to be able to adopt him and I feel like this is going to push the process back, but bio father has not supported in any way, shape, or form for a little over a year.
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A:The quick answer is "yes". This will make a step-parent adoption more difficult. Biological dad is exercising rights creating facts that work against the claims you will need to make to push through a step-parent adoption without the consent of the biological father.
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Q: Question about obtaining medical records from the Hospital when someone has passed away. My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power of attorney nor that he had a Will. Is that right of them to do so even if it is the spouse of the person who had died? We are needing those records to prove that the Hospital and nurses were being negligent and in turn was fatal for my dad who had fallen while up there and passed away 2 days after. When he first arrived he was conscious and alert but the day after the fall, he was in a "coma" like sleep and never woke up.
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A:Consult with experienced medical malpractice attorneys who can assist in getting the records.
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Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help. Do u provide small claims legal help
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A:I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid. You could try to file a mechanics' lien with the county clerk. If they accept it, you then have some leverage. I hope this helps. Good Luck!
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Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?. My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.
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A:Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the adoption process meets the requirements set by both Mexico and the U.S., you could then petition for her to immigrate to the U.S.
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Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?. Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.
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A:The answer to your question really depends on your goals. If you want a number of subsidiaries, you may want to form an S Corporation. But most people who set up an entity for the sole purpose of holding real estate will use an LLC. You should contact a California lawyer and give them more information about what you plan to do and your goals, so the lawyer can find the best structure for your specific situation. Best wishes!
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Q: Can a caretaker use my grandma‘s fund for down payment for a car, house, trucks, motorcycle, and repairs on home. Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number Why is her bank account have our number? I went to Adult Protective Services taking forever in the process of all this, she put a restraining order on me to stay away from my grandma and she lives in a different town, so coerced my brother, who lives next-door to get one also find out about a misdemeanor warrant I had, and I was gonna be extradited had me arrested a couple days before court when the judge asked where I was everybody struck their shoulders default judgment they gotten I have the proof of that too. I got video of my brother counting out $30,000. He sent that video to my daughter, the caretaker I have messages that proves her dependency of Suboxone purchasing more Suboxone on the streets what can be done
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A:In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence of financial mismanagement. If you have concerns about how your grandmother's finances are being handled, it's important to take action. Since you've already contacted Adult Protective Services, it's good to follow up with them regularly. They are tasked with investigating such matters, but these investigations can take time. In the meantime, consider consulting with an elder law attorney. They can advise you on steps to protect your grandmother's assets and might suggest seeking a conservatorship if your grandmother is not capable of managing her own financial affairs. Gathering evidence, like the messages and videos you mentioned, is crucial. This evidence can be used to build a case against the caretaker if they are indeed misusing funds. It's also important to understand the limitations and responsibilities outlined in any power of attorney or guardianship documents that may exist. If the caretaker is acting outside their legal authority, this could be grounds for legal action. Remember, the welfare of your grandmother is paramount. Legal steps can be taken to ensure her assets are protected and used appropriately for her care and wellbeing.
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Q: I have questions about business conspiracy. Would like to find lawyers in Durham area, specializing biz & employment law. Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.
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A:This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!
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Q: How long can you leave a car parked in a handicap parking spot with a placard. Some have been there for a month. People are using these handicap parking spots to store their cars with a placard. Other people need them.
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A:The duration a car can legally remain parked in a handicap parking spot with a placard varies based on local ordinances and parking regulations. In many areas, there is no specific time limit as long as the vehicle displays a valid handicap placard or license plate. However, these spots are intended for active use by individuals with disabilities, not for long-term storage of vehicles. If you notice vehicles are being left in handicap parking spaces for extended periods, it may be worth bringing this to the attention of local authorities or the property management where the parking is located. They can investigate and enforce parking rules as necessary. Remember, handicap parking spots are a crucial resource for those with mobility issues, and their availability can significantly impact daily life.
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