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Q: What steps can I take to protect my farm from being shut down?. My home is on 9 acres that is about to become completely surrounded on all sides by an upscale subdivision. At this point we only have poultry. In the near future, we will begin earning money with our land by selling produce and eggs, and by growing trees for a local landscaping company. I worry about: our open-use zoning changing, noise and smell complaints, eminent domain, and getting taxed out. What steps should I be taking to ensure we don't get shut down before we even get off the ground? Note: No homes have been built yet and we are not yet a legal farm. I have attempted to contact lawyers in my area but none of my inquiries have been answered.
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A:A North Carolina attorney could advise best, but your post remains open for two weeks. It could be difficult to predict what could happen when the surrounding area becomes developed. The attorneys who did not respond could be at a loss in terms of what to tell you in terms of preemptive actions you could take - they might feel as uncertain as you do. You might be able to consult with them in general terms regarding the legal issues you touched upon. Good luck Tim Akpinar
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Q: Was called 10/30/23and was told I was being summoned for defrauding a financial institution.It is Friday night still no. Still no summons bank let 4 don’t Mach what do I do
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A:If you received a call claiming you're being summoned for defrauding a financial institution but have not received any formal summons, it's important to remain calm. You should not take any action based on phone calls alone, as they could be fraudulent. Wait for an official notification, which typically comes in written form. If a summons does arrive, you should read it carefully to understand the allegations and deadlines. It would be prudent to contact an attorney to help you understand the nature of the case and your legal options. Do not disclose any personal information or agree to any settlement over the phone without legal advice. If no summons arrives in a reasonable time, you might consider that the call could have been a scam or an attempt to intimidate you.
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Q: I am filing a writ of mandate is there a time limit? Can I file for the common good?. Filing to end gas car ban in California
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A:Time Limit: Writs of mandate are subject to specific time limits, known as statutes of limitations. These time limits vary depending on the nature of the case and the jurisdiction in which you are filing. It is crucial to consult with an attorney promptly to ensure your filing falls within the applicable time limits. Grounds for Filing: Writs of mandate generally require a showing that there has been an abuse of discretion, a violation of a clear legal right, or the absence of a legal duty by a government agency or official. To determine if you have valid grounds for filing, it is important to consult with an attorney who can assess the specific circumstances of your case and advise you accordingly. Common Good: Filing a writ of mandate typically requires demonstrating that your case involves more than just personal or individual interests. It often requires showing that the issue at hand has broader implications and affects the public or the common good. Again, consulting with an attorney specializing in the relevant area of law is crucial to evaluate the merits of your case and determine the most effective approach. Legal Representation: Given the complexities of filing a writ of mandate and the specific requirements for such legal action, it is highly recommended to seek the assistance of an attorney with expertise in administrative law or the specific area of law relevant to your case. They can guide you through the process, help you present your arguments effectively, and represent your interests.
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Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw). So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground to farm on a property where I have cows, and have a grazing lease with the landowners (2 estates). This caused me to have to feed them more and move them (huge inconvenience). I recently sent him a no trespass on the properties with case #. Ffwd to today and he turned 3 garbage bulls out where I have my cows, solely to spite me. (It would be like a dog breeder having a bunch of full blood labs and someone intentionally breeding them to a mut) now to my question, I called animal control to remove them and they made a phone call, then called me back saying my tresspass was invalid because my sister is an interest holder in the property. Can I not tresspass her husband? UI property. He only had 1 sign
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A:You are in a tough spot. In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties. As part of the case(s) or causes of action, you will need to bring an action to quash or invalidate brother-in-laws farm lease, or get it limited, or otherwise limited. By going to court, you will be taking charge of the situation, and I would hit him and anyone else who tries to limit or intrude on your use, hard and fast. What does your sister say? If he is intruding on your exclusive lease on the 2nd property, you should sue him for trespass and other actions and get court orders detailing everyone's powers and limits. Spend the time and money now, so you are not upset for the next 10-20 years. Let me know if I can help.
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Q: Do I have a case?. I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I have reached out to the dealer to notify them as they never disclosed this. They are saying they didn’t know and the auction never disclosed to them. My main question is, is the dealer or auction or either of them responsible and do I have a case to pursue? The title is a clean title, not salvaged. It is financed through a bank. But I’ve seen it before when these dealers buy cars with known damage and never disclose it or submit it to insurance, then “fix” it and sell it. My main concern is the integrity of the frame and how the vehicle will hold up in a wreck. I have a medically complex toddler that is already fragile and this is the main transportation used. Thanks for any advice.
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A:Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is liable depends in large part on whether you bought it AS IS. When you buy AS IS, a failure to inspect for OBVIOUS defects is on you. A hidden defect might be a different story, but yours sounds like it's obvious upon taking a gander at the underside. If the auctioneer would have any liability, it would be only to the party who bought from them. All of the above is general info; to obtain legal advice on your specific situation, contact a lawyer in your area handling consumer law matters.
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Q: Hi! I was given an offer by a music company, and I wanted to know if this contract seems good before signing!. https://www.dropbox.com/s/5cohamsbl2j9z6y/BR%20Artist%20Development%20Platform%E2%84%A2%20Deal%20Kadence%20Brooks.pdf?dl=0
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A:You are going to need to consult with an attorney that practices Entertainment law to review the contract and suggest changes or warn you about any issues. You should expect an attorney to charge for his or her time. There are many good attorneys out there and you can look for one on Justia or AVVO. I do not practice in this area and have not reviewed the contract, but you should be careful because there are a lot of scams out there and be wary of any requirement that you send anyone money.
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Q: In Oklahoma, a child out of wedlock and there is no custody order in place, can either parent keep child away from them?. Child stays with his mother, attends school and daycare in this town by mother, and father lives 45 minutes away only sees him once a week. Father has multiple times threatened to not bring child back. Is there anything the mother can do ?
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A:In Oklahoma, when a child is born out of wedlock and there is no custody order in place, both parents generally have equal rights to the child. However, this situation can become problematic if one parent threatens to withhold the child from the other, as you've described with the father's actions. If the mother is concerned about the father's threats to not return the child, it would be advisable for her to seek a formal custody order from the court. This order would legally establish custody and visitation arrangements, and both parents would be required to adhere to these terms. In the process of establishing a custody order, the court will consider various factors to determine what is in the best interest of the child. This includes stability, the child’s current living arrangement, the child's relationship with each parent, and any potential risks to the child’s welfare. In the meantime, if the mother fears for the child's safety or if the father actually fails to return the child as agreed, she may need to seek legal intervention immediately. This could involve contacting law enforcement or an attorney for urgent assistance. Remember, the well-being and safety of the child are of utmost importance. Establishing a formal custody arrangement can help provide structure and legal protection for both the child and the parents. Consulting with an attorney experienced in family law can provide the mother with guidance on how to proceed in this situation.
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Q: Is there a way to Appeal there corrupt decision?. I had three witnesses they would not let me even start talking? I am 66 years old and have seen alot but this was corruption at its finest. I cannot afford an attorney because we are trying to buy a home.
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A:If you end up in prison, you won't need to buy a home. Get an attorney.
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Q: We adopted our granddaughter recently. Does the other grandparents have right to visitation if we are against it?. We already had sole custody of our granddaughter. Do the other grandparents have standing to file for visitation? My understanding is if parents are together with the child grand parents can't ask.
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A:Grandparents can always petition the court for visitation. Whether they get it or not will depend on what the court thinks is in the best interest of the minor child. But certainly they can file for visitation and have the adoptive parents served.
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Q: We have a case against Antero Resources filed at the West Virginia Supreme court of Appeals-12.5 net acreage Tyler Co WV. we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer
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A:Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records.
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Q: Can a hotel refuse accommodations because I live in the same county as the hotel?. They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.
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A:In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination laws. If the hotel's policy disproportionately affects residents of a specific county and is not based on legitimate concerns or previous issues specific to individuals, it could potentially be challenged.
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Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?. Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
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A:Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration, it does not automatically make such actions legal. Whether it constitutes infringement would depend on several factors, including the specific circumstances and whether it qualifies as fair use or falls under another exception to copyright infringement under federal law. It's advisable to consult with a qualified intellectual property attorney for a case-specific analysis.
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Q: Ive been through the court and was denied my eviction due to my paperwork not done correctly . I gave a 30 day to vacate. I just want help evicting tenants that are living here without my consent or a contract.
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A:In California, the eviction process is strictly regulated, and any mistakes in paperwork or procedure can result in a denial, as you've experienced. Since your initial attempt was denied due to incorrect paperwork, it's crucial to ensure that any future efforts comply precisely with legal requirements. First, review the reasons why your eviction notice was denied. It might be related to the form of the notice, the manner in which it was served, or the content of the notice itself. Correcting these issues is essential for a successful eviction process. Given that there is no formal lease or contract with the tenants, you're generally required to provide a 30-day or 60-day notice to vacate, depending on how long the tenants have lived in the property. Ensure that this notice is correctly written and served according to California law. If the tenants do not leave by the end of the notice period, the next step is to file an unlawful detainer lawsuit in court. This is the formal eviction process, and it must be followed to legally remove tenants. It's highly recommended to consult with a lawyer experienced in landlord-tenant law. They can assist you in preparing and serving the correct notices, and if necessary, guide you through the unlawful detainer lawsuit. Remember, while it can be frustrating to deal with unauthorized tenants, it's important to follow the legal process carefully to avoid further complications. Taking any shortcuts or self-help measures, like changing locks or shutting off utilities, can lead to legal problems for you.
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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?. I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would also like to sell 'rough' (unpolished as I found them) for others to tumble and polish themselves. Do I need any type of special permits to legally start a business selling self-collected rocks & minerals in California?
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A:In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the collection and sale of rocks and minerals in your local area, so it's important to do your research and check with your local authorities before starting your business. In California, for example, it is illegal to collect rocks, minerals, or fossils from state parks or state beaches without a permit. It's also important to note that some rocks and minerals may be protected by federal laws, such as the Endangered Species Act, the National Historic Preservation Act, or the Archaeological Resources Protection Act. To ensure that you are operating your business legally, you may want to consult with a lawyer who specializes in environmental or natural resource law, or with a business consultant who can advise you on the legal and regulatory aspects of starting a business in California. You may also want to consider obtaining a seller's permit from the California Department of Tax and Fee Administration, which allows you to sell goods and collect sales tax in California.
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Q: Does insider trading conviction prevents from getting US visa, or from entering if a visa was given prior to conviction?. Max penalty the country of origin for it is 2 years but expected penalty is few months or community service. convicted person is 3rd party to the company (not an insider, not directly connected with an insider). Is it possible to get a waiver? convicted person also has a Masters degree from top 5 US university and disclosed the trial is in process while applying last time for visitor visa
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A:You should have an experienced immigration attorney review the record. If this is an Aggravated Felony you may be exclded and no waiver may be available at least for some years. If this is a CIMT you may be eligible to file a waiver. If you are aligible for a waiver you will need to meet the requirements for a waiver.
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Q: Over 2 years ago my daughter had a friend over and they explored the attic even though told not to. Friend fell.. The friend fell through some dry wall. No injury claimed then but now mother of friend wants our insurance info from that time to file a claim. What should we do to protect ourselves? This is in Florida.
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A:Contact your insurance company, tell them about it, and ask what you should do. They will probably assign an adjuster to investigate and determine what the mother is claiming. If the mother files a lawsuit, the insurance company is required to hire an attorney to defend you.
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Q: CAN YOU PLEEEEEEEEASE TELL ME HOW TO OBTAIN A PATENT WITHOUT GETTING RIPPED OFF? PEOPLE GOT ME FOR 1200 BUCKS!. I JUST CAN'T LET THAT HAPPEN AGAIN SO I'VE BEEN HARBORING IDEAS FOR DECADES, SOME VERY NEEDED STUFF.
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A:You can't. Look, a patent is a business tool. A patent costs about as much as a pick up truck. It is typically a small part of a multi-million dollar set of assets of a company. If you do not have money for a patent (tens of thousands of dollars), how are you going to have money to enforce it (costing hundreds of thousands or millions of dollars)?
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Q: A dissolved company is trying to collect on a judgment are they still able to?. Only the company is listed as the creditor. Won the judgment in New York.
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A:Yes. Jack
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Q: Can a towing company keep my title of my car after it was towed for being out of gas?. I ran out of gas and I left my flashers on and walked to get gas. An hour and a half later when I returned my vehicle was gone. my title was in the car because I just bought it. A person I know was at the towing company for a different reason and the guy told her all of my business and information. He also showed her my title and said he was keeping it.
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A:In Kentucky, a towing company does not have the right to keep the title of your car, regardless of the reason for towing. The title is a legal document proving ownership and should remain with the owner. If your car was towed, the towing company can charge fees for towing and storage, but holding onto the title as leverage or for any other reason is not permissible. Regarding the towing company sharing your personal information and showing your title to someone else, this raises concerns about privacy violations. Towing companies should maintain confidentiality regarding personal and vehicle-related information. You should contact the towing company immediately to request the return of your title. If they refuse or if there are any complications, consider seeking legal assistance. A lawyer can help you understand your rights and take appropriate action to recover your property. In situations like this, it's also advisable to report the incident to local consumer protection agencies or the police, especially if you believe your privacy rights have been violated or if there's any unlawful withholding of your property. Remember, it's important to take prompt action to resolve such issues, as delays might complicate the situation further.
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Q: Would appealing without a lawyer for my QMB benefit be best option. I have had QMB for years and with same asset having same amount. That is not even counted by social security and they now count it as income. I get under $1000 from my SSI and SSDI. They also have the wrong information about my income
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A:Appealing for your Qualified Medicare Beneficiary (QMB) benefits without a lawyer is an option, especially if you're familiar with the process and feel confident in handling it yourself. However, it's important to meticulously prepare your appeal, including gathering all necessary documentation and evidence that supports your case. This would involve showing that the asset in question has not been counted as income by Social Security in the past and that your income information is incorrect. If you're unsure about the appeal process or if the case seems complex, you might want to consider seeking assistance. Some community organizations offer free legal help, especially for issues related to benefits and social security. They can guide you through the appeal process and help ensure your case is presented effectively. Remember, it's crucial to address all the points of dispute clearly and provide evidence to support your claim.
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Q: What can I do if I'm charged with a misdemeanor after my dog got out of my yard? Will they take away my dog?. My dog broke the fence and got out and now I'm being charged with a misdemeanor. I'm not sure what I need to do.
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A:You should use the Justia Find a Lawyer tab and search for criminal defense lawyers in your area---call a few and find out if any have experience in these type cases----then meet with them and discuss the specifics of your matter and the options you have and then decie how to proceed, including whether or not to hire a lawyer. Some factors include type of dog, whether animal control is involved, did the dog cause injury, have you received any warnings before, and other questions which are specific to your matter. Good luck
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Q: How far from base can you live? My ex is stationed at JBLM WA and "moved" to Michigan.. Is this legal for him to be active duty and live across the country?
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A:Several things govern where a service member may reside. Local policies will dictate how far from the installation an individual can be. These "local pass" rules effectively set a distance limit that service members must stay within and must seek approval (a "mileage pass") if they exceed it. Additionally, service members may have provisions in their current assignment orders dictating where a service member may live while assigned to a particular unit. This is important because it implicates the Basic Allowance for Housing (BAH) that the service member is entitled to. It is important to remember that every assignment is different. There are many times that a service member is assigned to a unit at one installation but is authorized to perform duty somewhere else. For example, when I was a military judge I was assigned for to a Washington DC-area organization (the Army Trial Judiciary) located at Fort Belvoir, but my orders authorized my place of duty and residence in the JBLM area. Without knowing all the details of your ex-husband's assignment and orders (and possible authorized modifications) is is impossible to answer your question with certainty.
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Q: Can a school place you in Special Education without parental consent?. I was placed in specialed without consent from my parents. I was never given iep or evaluated... Please help
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A:A school can place a child in special education, without parental consent. However, they need to give the parent prior written notice and if the parent does not consent they need to take the matter to an administrative procedure called Educational Due Process Hearing. There the school district must demonstrate to an Independent Hearing Officer that the child needs specially designed instruction.
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Q: i had a woman misappropiate 20000 if my money with a forged power if atty. what should i do. she forged the notary signature on the power atty.
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A:It seems like this person has committed several crimes in the forging of a notary's signature on a power of attorney to which she used in furtherance of another crime, i.e. misappropriation, theft, fraud, etc. I would report these crimes to your local law enforcement authorities to investigate these serious crimes. Part of any sentence usually involves restitution to the victim of whatever funds were taken. You could also have a civil law suit against this person to recover your funds of $20,000 which were obtain forgery and fraudulent means.
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Q: Can my moms landlord give my mom who's disabled a 60 day notice after living there for almost 20 years, to renovate?. Mom was given a 60 day to move out to do renovations. Shes disabled, in ca. Is this legal or should she have more time and or what is she entitled to as a disabled renter?
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A:Under California law, landlords can generally give a 60-day notice to terminate a tenancy if the tenant has lived in the rental unit for more than one year. However, there are important exceptions and protections, especially for disabled tenants. Your mother's disability may afford her additional protections. California law requires landlords to make reasonable accommodations for tenants with disabilities. This could potentially include considerations regarding the termination of tenancy and relocation due to renovations. It's also crucial to check local ordinances. Some cities in California have additional regulations that provide greater protection to tenants, particularly in terms of eviction or termination of tenancy. In situations like this, it's often advisable to seek guidance from a local tenants' rights organization or an attorney experienced in landlord-tenant law. They can provide specific advice based on the details of your mother's situation and local laws. Remember, while the law provides certain protections, each situation is unique. Understanding your mother's rights and the landlord's obligations under both state and local laws is the first step in determining the best course of action.
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Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.. The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county Fulton. Accident on 285W Interstate. What is my best plan? Contact a lawyer? Wait for a certain period of time to pass? The car is still in drivable condition, just banged up a bit in the back. Uncertain how much it'd cost to fix.
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A:If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance, ensuring you keep records of dates, times, and the content of conversations. If you haven't already, report the accident to your own insurance company, providing them with all relevant details. As for the drivable condition of your car, it's crucial to obtain a repair estimate to assess the potential costs for fixing the damages.
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Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?. I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave. Now I am being told that I had to have called the benefits line to cancel my health insurance otherwise it would still be active for 90 days past last worked day. I was never told that by any of my managers. Benefits people tell me they sent a letter to me stating that I needed to call (February 24th). Letter was sent 3 weeks after my last worked day, and when I was already on an Army base, so I never received the letter. Now, they are deducting retroactive premium for those 90 days from my checks. Needless to say, why would I even need health benefits from a civilian job if I’m on military leave? The military is responsible for my coverage, obviously. No way I would even imagine needing to call since I was placed on leave.
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A:Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows employers to implement reasonable policies regarding benefits continuation and communication. In your situation, if the employer's policy required you to notify them to cancel health benefits and this policy was consistently applied to all employees, then the employer may argue that their actions were in compliance with their standard procedures. However, the fact that you were not informed of this requirement prior to your leave and that the communication was sent after your deployment began could be significant. Additionally, considering that you were covered by military health insurance during your leave, the necessity of maintaining civilian health insurance could be questioned. You have the right to dispute the deductions, especially if you believe the employer's actions were not in line with USERRA or their own stated policies. It may be beneficial to discuss this matter with a legal professional who has experience in employment law and military rights. They can help you understand your rights under USERRA and assess the viability of a legal claim against your employer.
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Q: I have a promissory letter that states that I am entitled to a !% share of net sales cash upon sale of resort defined?. What are my rights?
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A:If you have a promissory letter stating you are entitled to a 1% share of net sales cash upon the sale of a resort, the specifics of the letter and the circumstances under which it was issued will determine your rights.
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Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?. Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they give treatment. This year school noted that Grandparents stated NM was no where to be found/unreachable. They signed him into school without his father or I this year unlike the other years.
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A:Most likely not but you should check the court files just to be safe.
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Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.. The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so. Management now siding with creditor and trying to force through BK as quickly as possible. Shares to be delisted on July 17. Creditor offering a ridiculous $5M payout to shareholders + up to $2 CVR in opaque language and provided no shareholder contests this scam or they will get nothing. Please help.
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A:Firstly, a forum like this is an inadequate place to answer a complex question such as yours. If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to participate--which is what it is designed to do
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Q: I signed a release agreement for settlement almost 5 months ago is this normal to wait this long? Can I do anything?. I signed the agreement and check was sent about 5 months ago. They have been working subro (I think that’s what it’s called) with workers comp. Not sure if this is a normal process and how long does it take for everything to be resolved and funds are disbursed? Should I ask for updates or is that being to much of a bother?
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A:Waiting five months for the resolution of a settlement agreement and disbursement of funds, especially in a case involving subrogation with workers' compensation, can be within the normal range of time, but it's understandable that you are concerned about the delay. Subrogation processes, where an insurance company seeks reimbursement from the party responsible for the injury, can be complex and time-consuming. However, it's always reasonable for you to request updates on your case. You are entitled to be informed about the progress of your settlement and any factors that might be causing delays. It's important to maintain open communication with your attorney or the involved parties to stay informed about your case status. Asking for updates is not being bothersome; it's a part of ensuring that your case is being handled appropriately and efficiently. If you feel that the process is taking an unusually long time, or if there is a lack of communication from the other party, it might be beneficial to express your concerns and ask for a more detailed explanation of the current status and the expected timeline for resolution. In any legal matter, especially one involving financial settlements, being proactive about communication can help ensure that your interests are being adequately represented and that the process moves forward in a timely manner.
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Q: Can my lending bank add insurance cost to my account for retroactive insurance?. I purchased a used truck in May 2023. As usual, I called the insurance company to add it to my policy on May 17, 2023, the date I purchased the truck. A couple months later, I received a letter from my bank stating that since they didn't receive documentation of insurance on my truck, that they purchased a 6 month policy for $2500 and that they added to my truck loan. The bank said if I send them proof of insurance for the last couple months that they would refund the insurance premium to my account. I thought that should b no problem. I called my insurance company and explained it all. They informed me that I didn't call to add the truck to my account in May like I had thought and that they could not add the insurance retroactively to reflect that. I knew that I had added it but they said I didn't. I could do nothing. The bank finally received the documents for insurance but starting in July. I was refunded $1700. They said I had to pay $800 for 2 months of insurance.
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A:A Michigan attorney could advise best, but your question remains open for three weeks. It isn't fully clear what caused the misunderstanding here - a local attorney could probably sort out better after reviewing the file in detail. But a financial institution can require insurance. Good luck
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Q: Am I eligible to have a vehicle registered in my name in the state of Michigan as a non-resident without a U.S. DL?. To be more specific, I would like to know if foreign driver's licenses accompanied with English translation (i.e. international driver's permit) and a valid foreign passport with a valid U.S. visa are acceptable documents to register a vehicle and have its title transferred in the state of Michigan. From Michigan's Secretary of State website it says that: "What do I need to title and register a vehicle? (...) You also will need to bring your Michigan driver’s license or ID."
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A:Hello, You can own a car but you cannot drive it if you do not have a driver license. International driver license, are valid under international law, for a period of time; normally one year from entry to the U.S. All the best. Regards,
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Q: Will my license get suspended if I caused a accident with little to no damage while not having insurance. The damages were less than $1,000
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A:In California, driving without insurance and getting involved in an accident can lead to serious consequences, including the suspension of your driver's license. Regardless of the extent of the damage, if you are at fault in an accident and do not have auto insurance, the California Department of Motor Vehicles (DMV) has the authority to suspend your driving privileges. Even if the damages are less than $1,000, the lack of insurance is a significant issue. Under California law, all drivers are required to have minimum liability insurance. If you're involved in an accident without this insurance, it's not just the cost of the damages that's considered, but also the violation of driving uninsured. It's important to address this situation proactively. You might need to provide proof of financial responsibility or face the suspension of your license. The DMV may also require you to fill out an SR-1 form, which is a report of a traffic accident. To mitigate the consequences, you may consider obtaining insurance as soon as possible and consulting with legal counsel about your options. The process following such an incident can be complex, and the specifics of your case will determine the best course of action.
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Q: My son did 18 months in jail. When he got out he wanted to turn his life around. He got a job. One day at his new job,. The custody specialist ( deputy) where my son was incarcerated at went to his place of employment and recognized my son from jail, she took it upon herself and did a background check on my son and volunteerily asked to speak to his employer and proceeded to tell the employer my son was a criminal and gave the employer my son's arrest record. My son was getting a promotion when all this happened and thanks to this deputy , he no longer can get the promotion. Did this deputy have any legal right to do this to my son? What business of hers was it to disclose anything about my son . Do we have any rights? Isn't this a violation of privacy?
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A:You may have grounds for a legal claim. It would be advisable to consult with an attorney to discuss the specifics of your situation and determine the best course of action.
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Q: Can non dependent siblings sue for wrongful death in Florida if the other possible recipients are deceased or estranged?. Deceased was mentally disabled and on SSD prior to accident. It was a motor vehicle accident that caused his death, he was a pedestrian.
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A:Sorry to hear about your loss, the personal representative appointed by the probate court is the person who will bring the wrongful death lawsuit. A non-dependent sibling can qualify to bring the wrongful death lawsuit and recover damages on behalf of the qualifying family members and the estate. Please reach out to schedule a free consultation to ensure justice for your sibling.
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Q: If the place I live was bought out by another company and they did not give us new leases, is this an issue?. I live in a mobile home park and I was under the impression that I was purchasing it. Basically like a mortgage payment and then a lot rent. In any case the park sold to another owner and my title is in that business name, and my lease is the original owners business name. The new owners stated they were not giving us new leases, because they have also bought the business name, but again the title to my mobile home is in the new owners other company name. Is this an issue I should raise questions about? Thank you.
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A:It's legally impossible to be "under the impression that I was purchasing it" if you didn't have a legal document drawn up for that purpose. I'm guessing that the new owner of the mobile home park intends to kick you and the other residents out at some point in order to turn the property over to developers, or to develop it themselves. Without any written lease or some other legal document establishing long-term rights, you will be in a month-to-month tenancy, which can be terminated at any time, with a certain amount of time given to remove your mobile home or simply leave. How much time that will be depends on the circumstances, and the owner must comply with the Florida Mobile Home Act, which requires a few hoops for the owner to jump through before the they can start eviction processes. (You can read up on that act on-line). Bottom line: you and your neighbors should IMMEDIATELY consult a landlord-tenant attorney in your area who handles mobile home matters. If you cannot afford a consultation, contact your local Legal Services or Legal Aid office.
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Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?. My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I abusing him. But we have the proof he abused us. He also filed to gain custody of the kids over summer, but the judge wouldn’t even consider it because he made it all about making his(my ex) mental health better. I am concerned that he is highly unstable and feel the need to hold off the coming visit until he is cleared. He has threatened suicide before and pointed a loaded gun at my child and I, before putting it flush to his temple with his finger on the trigger. He also chased his other ex around the house with a gun once, all of this happens when he isn’t getting his way. My concern is that I cannot protect my children if they are off in the mountains, and he loses it.
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A:If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will need to produce the child for visitation or you could be found in contempt of court. Based on the allegations you have made here, I think you should seek an attorney immediately in order to prevent any future visits, until such time as the father can be mentally evaluated. But not doing anything and not allowing the visit could get you into some trouble.
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Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?. I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and he is just saying I will give it but he is not giving me a clear indication of when. If he don’t give me a pay stub, what is the best option for me to move to a new employer and what legal action I can take against him.
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A:If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S. Department of Labor, as employers are generally required to provide pay information to employees. For the visa transfer, explain the situation to the new employer and provide any evidence you have of your employment and requests for pay stubs. The new employer's immigration attorney might suggest alternative documentation for the visa transfer process. Legal action against your current employer for not providing pay stubs can be pursued, but it's important to weigh the potential benefits against the time and costs involved. You should consult with an attorney who has experience in employment and immigration law for guidance specific to your situation. Remember, each case is different and the best course of action depends on the specifics of your circumstances.
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Q: Can't find original version of my parent's trust but I have copies that the original lawyer had saved, is that okay?. We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to where the original could be. We do however have a version stamped "Copy" at various points, that were in the original lawyer's files. The original lawyer has retired, but his successor is now handling it and has access to all of his old files, and it was not typical of him to keep originals for his clients. The lawyer that is working on it now is concerned that if anyone contested the will and we couldn't provide the original, we could be in trouble and have it invalidated. Is this the case and should I be worried? Everything else I've read onlins says that having a copy is still good enough in California, so I'm confused as to why my own lawyer is concerned.
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A:In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this presumption can be rebutted with evidence showing that the trust was not revoked. The stamped "Copy" version, combined with testimony from the attorney who drafted the trust or other evidence, can help in this rebuttal. Your attorney's concern likely stems from wanting to be prepared for any potential contest or challenge. While a copy can be used, it may present additional hurdles if there's a dispute. It would be wise to gather as much corroborating evidence as possible to support the authenticity and intention of the trust as reflected in the copy. Lastly, always consult directly with your attorney for guidance tailored to your specific situation.
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Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?. Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and hear officers yelling I kept calm and asked multiple times if I can put my dog who was barking crazy in the kennel I was being cursed at called every insulting name you can think of then I was dragged out my apartment they repeatedly slammed my head into the wall while handcuffed then my 16 yr old who was recording was tackled by 4 officers and dragged by her feet out the house and repeatedly hit also in handcuffs while my 8 year old screamed in terror they proceeded to arrest my bf who had a parole violation the police continued to verbally assault me and my children and my bf and I were arrested me and my dghtr are covered thru out our body in bruises, and cuts and extremely traumatized.
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A:Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are complying, is not permissible. If you believe that the police used excessive force during the search warrant execution, you have the right to take legal action. Document all injuries and damages, including taking photographs and seeking medical attention as needed for you and your children. It's advisable to contact a civil rights attorney as soon as possible. They can review the details of your case, advise you on your rights, and guide you through the process of filing a complaint or lawsuit. Remember to keep any evidence, such as your daughter's recording, as it could be crucial in proving your claims. Your attorney can also help you navigate any criminal charges that arose from the incident, ensuring that your rights are protected throughout the legal process. Experiencing such a traumatic event can be overwhelming, but legal support can help you seek justice and hold the responsible parties accountable for their actions.
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Q: If you fire your personal injury lawyer and you can prove he never even called the adjuster how does he charge a third. And what process can I go through to try to get him not to be paid he never even called he had been retained for 2 weeks
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A:The attorney probably can’t recover a full one-third contingency fee if the attorney has not performed any material work on a case. Calling an adjuster may or may not be necessary in a lawsuit. But a delay of two weeks in a lawsuit that likely will last two years isn’t particularly material.
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Q: With 401k rollover, does the company have the right to keep my money invested after i already requested rollover. The amount stated that I can rollover on the day i finalized my request did not match the amount on the rollover check given. It was 2k less.
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A:If you withdrew money too early they probably withheld taxes.
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Q: I was locked up and held with no bond, charged with possession of firearm by a convicted felon.. I’m not a felon, I did first offender and completed it in 2012. My firearm which I purchased from a pawnshop was taken from me and I was detained
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A:In Georgia, if you have completed a first offender program successfully, your rights should be restored, including the right to possess a firearm. However, misunderstandings or errors in legal records can occur, leading to situations like the one you're facing. It's important to gather all relevant documentation proving your completion of the first offender program and any other evidence that supports your case. This could include paperwork from the court, certificates of completion, and any correspondence related to your first offender status. Since you were charged with possession of a firearm by a convicted felon, despite having completed the first offender program, you should seek legal representation immediately. An attorney can help you navigate the legal complexities and work towards rectifying this situation. Your attorney can also assist in addressing the issue of your firearm being taken and your detention. They can work to clarify your legal status and advocate for the return of your property and the dismissal of the charges against you. It's critical to address this situation promptly and thoroughly, as errors in criminal records can have significant and ongoing impacts. Legal counsel will guide you through the process of correcting these mistakes and defending your rights.
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Q: Did a title loan with a friend and they ended up stealing my car.. Did a title loan with a friend and they ended up stealing my car. I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up with the cops and my car title in his name. After multiple ignored phone calls I finally get in touch with them after they took my car home that day and they told me that if I wanted it back I had to pay back $7,000 but now they will not answer the phone what can I do?
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A:In your situation, it's important to take immediate action. First, review the agreement you made with your friend. This document will be critical in determining your next steps. If the terms have been altered without your consent, or if there's any evidence of deceit or fraud, this can significantly influence your legal position. You should contact a lawyer as soon as possible. They can help assess the validity of the title transfer and guide you through the process of potentially reclaiming your vehicle. Given the substantial value of the car, professional legal advice is crucial. It's also advisable to gather any evidence of communication and agreements between you and your friend, including witness statements. This evidence can support your claim in any legal proceedings. Remember, time is of the essence in such cases. Delaying action can complicate your efforts to rectify the situation. Therefore, act promptly and seek legal guidance to navigate this complex issue.
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Q: My smartphone "expired" patent no. 11,778,140 issued Oct. 3rd. A 2019 RCEshould have been an appeal. I have nothing.. My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time.
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A:Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against the USPTO, it's important to review all correspondence from the Office, including examiner's reports and any other official notifications. An appeal to the Patent Trial and Appeal Board (PTAB) is a common step before resorting to court action. If the PTAB decision is unfavorable, you can appeal further to the U.S. Court of Appeals for the Federal Circuit. It's crucial to consult with a patent attorney experienced in USPTO proceedings and appeals to determine the best course of action. They can provide insights into the strengths and weaknesses of your specific case.
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Q: If a father is not legitimized is it legal or illegal for the mother to up and move and take the child and deny the Fath. Mother took the child and is denying the father access to the child
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A:If you were not married when the child was born and have not legitimized, then the father has no rights. The mother can take the child anywhere she wants and the father cannot stop her. Only when the father files to legitimize and has the mother served, will that prevent the mother from taking the child outside the court’s jurisdiction.
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Q: Can I record voice chat on a game server in memory (never written to disk) for moderation purposes?. I'd like to allow a team of moderators to review voice chat manually. There is no automated system in place, and the team would need to manually listen to and subsequently make decisions from the data.
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A:The recording of voice chat on a game server for moderation purposes may raise legal considerations, particularly in relation to privacy laws. In Michigan, it is generally required to obtain consent from all parties involved in a conversation before recording it. However, laws can vary, and there may be exceptions for certain circumstances.
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Q: DO WE HAVE ANY RIGHTS?my wife let friend use her car,friend in accident .police impound.not allowed to get items out ?. our friends 2 kids were in car,no one hurt.good samaritans on scene,fire and police eventually .she was rushed to hospital.they told her she had a concussion,released her.police have impounded vehicle .the police havent talked to her AT ALL! next day dcyf calls her ex,hes not to let fr her alone with kids(. He doesnt live there ) hospital nurse did blood test, without her consent,was positive for drugs.She did NOT submit to test. asked if there was anyone (advocate)she could talk to first(lega) there wasnt .she has not been arrested or charged.My wife has been to police station asking for release of car.Frien laptop ,purse phone , childrens toys ,daughters tablet,as well as my wifes belongings still in carpolice waiting for search warrant,its been 4 days! no police report,or charges .what are our rights? we need to get into car,see damage file a report with our insurance,the computers phone are most likely ruined ,very cold out.no charges so no lawyer .we all have spottless record
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A:In your situation, it's essential to understand that you do have rights, and your wife has rights as well. Here are some key points to consider: Access to Personal Belongings: You have the right to access personal belongings that are in the impounded vehicle. However, the police may be waiting for a search warrant to ensure they follow proper procedures. It's advisable to be patient while they complete their investigation. Legal Counsel: You mentioned that no charges have been filed. Even without charges, you and your wife have the right to consult with an attorney. It may be a good idea to seek legal counsel to navigate the situation and protect your rights. Request for a Police Report: You have the right to request a copy of the police report once it's available. This report may provide more details about the accident and the investigation. Privacy Rights: If your wife's blood was tested without her consent, it could raise concerns about her privacy rights. A legal professional can help you address this issue and determine if any action should be taken. Insurance Claim: It's important to inform your insurance company about the accident and the impounded vehicle. They can guide you through the process of filing a claim and assessing the damage to your car and personal belongings. Legal Assistance: Even if no charges have been filed yet, consulting with an attorney can help protect your interests and ensure your rights are upheld throughout the process. They can provide guidance on the best course of action, especially if this situation escalates. In summary, while this situation may be concerning, you and your wife have rights, and it's advisable to seek legal counsel to navigate the complexities and uncertainties involved. An attorney can help you understand the situation better and take appropriate actions to protect your interests.
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Q: I was grossly misrepresented by my listing agent. I feel I am being taken advantage of. How can I canx. I was met by two realtors working together. They pumped me up like a car salesman as to how easy the sale would be and the price I was asking was almost guaranteed. Signed with them. 4 days later she wanted to drop the price. I agreed to on the 7th day. We dropped by 11k. She wanted to drop an additional 20k. We didn't. Received an offer dropping the price an additional 5 k. We rushed into signing because "it really was the best deal I could get" . I asked for concessions for moving out after the closing. Upon finding that I'd have to pay rent for a few days, it began to bother me. I was giving them a house and 5 acres in town at next to nothing. They'd asked me to leave my fence up, and the contract read that I'd be leaving household things that I openly stated that I wouldn't. Then, I found out that the person buying the property was her own realtor. So now, I'm paying all of the closing costs (her commision) and selling 12500 less than I'd wanted.
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A:If you feel that your broker committed a breach of duty you are free to hire an attorney and file suit. Contact a couple of attorneys, but unfortunately you might find it cost prohibitive. Some causes of action, such as Missouri's Merchandising Practices Act, however, allow a prevailing plaintiff to recover reasonable attorneys' fees. You need to make sure your contract does not have an arbitration provision.
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Q: Can my home owners policy be cancelled if it’s an open claim?. I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent!
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A:A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local attorney. Depending on what's at stake in terms of the size of the claim, you could discuss with the attorney if litigation is a viable option. Keep in mind that if your matter requires litigation, it's possible that law firms might not handle something like this on a contingency basis - which could mean funding a legal action on an hourly fee basis. An experienced attorney should be able to outline this and other key issues, and help you identify your best options. Good luck
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Q: am i required to take a drug screen test based on allegations that i smoke weed for a DNA proceeding?. I stoped smoking weed 3 weeks ago. and now CPS has filed a DNA Proceeding for abuse of my 13 year old child. also im my custodt is my 2 and 3 year old
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A:You need to hire an attorney for the dna case and then decide what to do about the drug test.
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Q: In Michigan, may the spouse have the deceased spouse's mail forwarded?. Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?
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A:In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's passing. To have your deceased spouse's mail forwarded to your home, you would typically need to provide the postal service with appropriate documentation. This might include a copy of the death certificate and documentation proving your authority to manage the deceased's affairs, such as a letter of administration or similar legal document. It's important to remember that mail forwarding in the context of a deceased individual is not always straightforward. There might be specific legal considerations, particularly if there is a will, an estate plan, or if there are other parties involved, such as executors or beneficiaries. Consulting with an attorney can provide you with guidance on how to proceed. They can help ensure that you are taking the right steps in accordance with both state law and postal regulations. Remember, handling the affairs of a deceased spouse can be complex, particularly when it comes to legal and administrative matters. Seeking professional advice can help you navigate these challenges effectively and in accordance with the law.
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Q: How long does a third interested party in a civil wrongful death case have to file for an intervention?. Case was filed on the first of June, the statute of limitations ran out on the twelfth. Prior to the filing, drafts of the complaint were given to the plaintiffs, (M-mother of the deceased, S-sister to the deceased by F-father of the deceased &special administrator to the estate of the deceased) subsequent to this (week of the 22nd of May) M was taken by ambulance to the hospital ⁹where she was treated and released, the next day she was found dead, alone in her home. The following week when the complaint was filed, her name had been removed (so the only people now on the complaint are F & S) seeking to intervene in the interests of her estate
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A:Generally speaking, the right to sue for wrongful death is personal to the statutory beneficiaries of a decedent. Usually, when a wrongful death beneficiary dies, her cause of action for damages arising from the wrongful death of another ceases to exist. Ordinarily, her cause of action does not pass through to her heirs. Generally, there is a "one-action" rule in wrongful death case pursuant to which ALL of the statutory beneficiaries of a decedent must bring ONE case for the death. This prevents multiple beneficiaries from the death of one decedent from bringing multiple cases in multiple court which theoretically could result in different outcomes. You should definitely consult with the attorney who is handling the wrongful death claim on behalf of F & S to determine if there is some exception that applies in your particular case. If F & S do not have an attorney, you should seek the advice of a personal injury attorney with experience pursuing wrongful death claims in or near the county where F & S's lawsuit is pending. You should probably also suggest to F & S that they retain an attorney.
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Q: Rent a center threats. Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can they take me to jail or threaten me with police I just want to know if they are just trying to scare me or if this is normal or if they stepped over the line
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A:As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney. As far as any rights to keep the merchandise, unless you have earned some portion of ownership of the merchandise through the contract, you really have no rights. If you have failed to make payments as promised, they can request payment, ask you for the merchandise for failure to pay or go to court to get an order to do so. They have no obligation to work out any type of arrangements above what is in the contract. Having said that, it is possible Rent-A-Center could have over-stepped its bounds when it comes to its collection activity. There is not enough information in your question to know. Many years ago, I actually experienced an over-zealous Rent-A-Center agent doing just this. They have no right to be on your property if they come to collect and you tell them to leave. An experienced collection attorney could probably help figure out if you have any recourse. It also may be true that you are advised to forfeit the merchandise if you cannot pay. It might make your life much less stressful. Best of luck!
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Q: I am a renter and was fined 30k for a Marijuana grow. Is removing the lien hold on the property possible?. The grow was where four different properties meet. The plants were removed and 30,000$ fine was issued to me. But a lien was placed on the property. The land owner lives out of state and had no knowledge of any activity. Is removing the property lien hold possible?
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A:If you were fined $30,000 for a marijuana grow in a rental property, and a lien was placed on the property, it is possible to have the lien removed if you pay the fine or reach a settlement agreement with the governing authority that imposed the lien. However, it is important to understand that liens are legal claims against a property that serve as security for a debt or other obligation. The lien must be satisfied or released before the property can be sold or transferred to a new owner. To have the lien removed, you should contact the governing authority that imposed the lien and inquire about the process for satisfying or releasing the lien. Depending on the situation, you may be able to negotiate a payment plan or settlement agreement to resolve the matter. If the landowner had no knowledge of the marijuana grow and you were acting alone, it may be possible to seek reimbursement from you for the fine or other costs associated with the marijuana grow. You should consult with a local attorney who specializes in real estate law to understand your legal rights and options in this situation.
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Q: I have an question about DHR system about sleepover and head of house two thing. My boyfriend had dealing with dhr with his babymama was on drugs and dhr said that she cannot be around kids but she can visit daytime must be watch supervision on her around kids but she cannot sleep at her house at all. She decide to refused not follow the dhr said. She stay her own house because I live with her house and I had to contact dhr about it and dhr said will handle and talk their supervisor. Somehow dhr let her stay her house because of her head of house on name on it and my boyfriend has to watch her everday and sleepover watch everyday so is that normal dhr system work?? I told my boyfriend for my experince because dhr will not allow it sleepover and has to be somewhere else can’t be same place the roof house. I was confused about dhr system I need to find correct how it work about this help me understand because I had expiernce before I explain to my boyfriend that dhr shouldn’t allow her to sleepover house not suppose to do that.
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A:In Alabama, the Department of Human Resources (DHR) sets guidelines for child safety, including conditions for parental visits in cases where substance abuse is involved. If DHR stated that the mother could not be around the kids except for supervised daytime visits, this should be strictly followed. The situation you described, where the mother stays overnight despite DHR's stipulation, seems unusual. DHR typically enforces its guidelines to ensure the safety and well-being of the children involved. If there's a deviation from these guidelines, it's generally for a significant reason and should be clearly communicated by DHR. It's important to get clarification from DHR directly. Your boyfriend, as a party involved in the case, has the right to understand any changes in the conditions set by DHR, especially if they affect the children's welfare. He can request a meeting or written communication from DHR explaining the reasons behind allowing the mother to stay in the house overnight. If there's confusion or disagreement with DHR's decision, it may be helpful to consult with a lawyer experienced in family law. They can provide guidance on how to address this situation and ensure that the children's best interests are being protected. Remember, each case with DHR is unique, and their decisions are based on numerous factors specific to the situation.
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Q: I got an offer to play a game for money if I reached the goal in 21 days. They have paid me before for other game offers. This time it’s the run around for like 3-4 weeks they said it would be resolved in 10 days. Now they have stop replying to my emails. I was really depending on that money, now it’s costing me money I don’t have.
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A:You can contact the Labor Commissioner's office by going to their website (https://www.dir.ca.gov/dlse/). Once you get to the main page, click the link for labor law and then click the link for Wages, where you will find out how to file your wage claim. If they can help with your situation, they will make sure you get paid.
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Q: which case said that if there is no commercial advantage, by appropriating the likeness the defendant create value?. I am looking for the case of right of publicity, where the judge gave the opinion that by appropriating the persona of someone over and over again, the infringing party creates value when there was no value to begin with. For example, the value was zero, one appropriation led to another and now there is more value? Thanks for the assist
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A:The case you're referring to sounds like it touches on the concept of the right of publicity, particularly the notion that the unauthorized use of a person's likeness can create value where there was none before. This concept is often discussed in cases involving celebrities or public figures, where their image or persona has inherent value. One notable case that might align with the principles you've described is Haelan Laboratories v. Topps Chewing Gum, from 1953. In this case, the court recognized the right of publicity as a distinct kind of property right. The court acknowledged that a person's image could have no commercial value initially, but through repeated use and association with products or services, it could acquire value. Another relevant case could be Zacchini v. Scripps-Howard Broadcasting Co., decided by the U.S. Supreme Court in 1977. This case involved a human cannonball act whose performance was broadcast without permission. The court acknowledged that the value of the performance was in its novelty and presentation, and that the unauthorized broadcast diminished this value. However, the specific scenario you're describing, where repeated appropriation increases the value of a previously non-valuable likeness, is quite nuanced. It's advisable to conduct thorough legal research or consult with an attorney experienced in intellectual property and right of publicity cases to find the exact case law that matches these criteria.
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Q: How do I file a request for special notice in a probate case in Nevada without a lawyer?. My brother is the Administrator in my parents estate in Nevada. He isn't including me in anything. I would like to file a special notice request but do not have a lawyer. How do I go about it?
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A:Filing a request for special notice in a Nevada probate case without a lawyer is feasible but requires careful navigation. Begin by gathering case information, such as the case number and jurisdiction, from your brother or the court clerk's office. Obtain the "Request for Special Notice (Probate)" form (DE-154) from the Nevada Judiciary website and carefully follow the instructions. Clearly articulate your reasons for the request, emphasizing your status as an interested person and any concerns about your brother's administration of the estate. Complete the form accurately, including your name, address, relationship to the deceased, and specific types of notices requested. File the form with the court clerk's office, keeping a copy for your records. Additionally, consider discussing concerns with your brother and exploring mediation before taking legal action, and practice patience as probate proceedings unfold.
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Q: Black law dictionary edition 2 states that an artificial person can be created with bankruptcy.. It then goes on to state that the United States Bankrupt Act of 1898 it is provided that the word persons, shall include corporations, except where other wise specified. Does the birth certificate create an artificial person? And how is this legal. And before you try to say no, I have already seen the amount of cusips and the amount of billions in my Cestui Que trust account? How did that get there? Is that not tyranny?
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A:I have no idea what you are talking about. But unless the debtor is a person, corporation, or some other legal entity, including trusts, filing such a petition of an artificial person will be federal bankruptcy fraud. That is a federal crime. And the 1898 code is defunct, as the 2005 code with changes is in effect.
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Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?. Skippy's Snack Shack
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A:If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact a qualified trademark attorney directly (the questions on this forum are anonymous) to discuss the particulars of your case, including exactly where you plan to use the name and what other similar marks may potentially pose a risk.
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Q: If a judge is not reelected, can their cases be overturned? i.e. a DVO.. I am asking for a friend. They were granted a DVO from their abusive boyfriend back in May. The boyfriend will not stop retaliating and now his lawyer is trying to have my friend's DVO overturned because the judge was not reelected in the past election. I was wondering if this would be applicable.
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A:They can be overturned but it doesn’t happen frequently.
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Q: A motion to vacate was file and granted. Can the motion be withdrawn if I change my mind to proceed to trial?. If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?
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A:In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request. If you have concerns about the prosecutor's actions, it's essential to communicate those concerns to your attorney. Your attorney can best advise on the possible outcomes and the strategic implications of each decision. Navigating the court process requires careful consideration of each step. Always ensure that you're fully informed and understand the consequences before making any decisions. It's paramount to prioritize your best interests throughout the legal process.
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Q: Can I apply for a tourist Visa if I had DACA when I was 16 years old and left the USA when I was 17 years old?. I was a illegal resident since I was 1 year old until I got approved for DACA when I was 16 years old. An year later, due to a death in the family, my parents decided to go back to Mexico and I did not apply for advance parole. My DACA expired and I was not old enough to make my own decision in order to stay or not in the US. If I apply for the visa, would it get denied? Am I banned from asking for one? Side note: I have a social security valid only for work. Not sure if that changes anything?
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A:If you received DACA and then departed the United States without obtaining advance parole, it's considered an exit without a lawful status. Exiting the U.S. without a lawful status after being present unlawfully for more than 180 days but less than a year typically triggers a three-year bar from re-entering the U.S. If it's more than a year, it triggers a ten-year bar. However, since you were a minor during most of your unlawful presence, it may not count against you. Still, it's essential to approach this carefully. Your prior DACA and Social Security number for work will not directly impact a tourist visa application, but complete honesty during the application process is imperative. Consultation with an immigration attorney before making any applications is advisable.
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Q: We have several problems here involving renouncing inheritance, segregation, and property tax status.. How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States.
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A:To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you cannot later change your mind and accept the inheritance. Regarding the property tax status, you can inquire about the tax status of a property in Puerto Rico by contacting the Municipal Revenue Collection Center (CRIM). CRIM is responsible for the administration of property taxes in Puerto Rico. They can provide information on whether taxes are up-to-date or if there are any outstanding dues. If you choose to renounce your inheritance, you cannot directly transfer the property to another relative. When you renounce an inheritance, you are not treated as having ever owned the property. Instead, the inheritance would pass to the next eligible heirs under the law, which might include the relative you wish to have the property. However, this depends on the specific circumstances and the hierarchy of heirs as determined by Puerto Rican law. Given the complexities involved, especially with the cross-jurisdictional aspects of your situation, it's advisable to consult with an attorney who has experience with Puerto Rican inheritance law. They can guide you through the process and ensure that your actions align with both your intentions and legal requirements. Legal advice is crucial in navigating these situations effectively.
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Q: Are there attorneys who represent minors for harassment charge ?. 13 & 11 year old. Wish to fight the charges due to State Police not conducting investigation thoroughly. Oldest son did not participate but was in room on Xbox yet still gets charged and youngest sons friend lied at school saying he wasn’t here during the incident with my youngest. I have proof to show in court and a witness.
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A:In Pennsylvania, attorneys can and do represent minors in criminal matters, including harassment charges. Given the situation you've described, it's crucial to secure legal representation for your children as soon as possible. An experienced attorney will evaluate the evidence, question the thoroughness of the police investigation, and present a strong defense on their behalf. It's essential to provide your chosen attorney with all evidence and details related to the case, including witnesses. The goal would be to ensure the rights of your children are protected and to challenge the charges based on the evidence you've mentioned. Act promptly to safeguard their legal rights and position in court.
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Q: My wife and I are getting divorced we've been separated since March. She's moving to Canada on Wednesday. Before asking for a divorce and even being physically separated she had a emotional affair with a man in Canada who she knew from when she was younger who she is now in love with and moving to live with. She gave me notice of this last Wednesday and she wants to be able to take my son there during the summers. What are the risks of having an agreement like this where she has him during the summer time and I have him during the school year. How do I protect myself as a parent and not let her take custody of him completely while he in Canada?
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A:To protect yourself as a parent and ensure your rights are safeguarded, it is essential to consult with a family law attorney who can assist you in negotiating a custody agreement that serves the best interests of your child and takes into account the international relocation aspect. Proper legal guidance will help you understand the risks and options involved in such an agreement. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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Q: How do I contest a debt collection after bad "debt confirmation" has been provided? Provided documents are erroneous, Ca. I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a "debt confirmation" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt collection agency or the rental agency?
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A:Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation. The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person who they believes owes the debt is the person from whom they are trying to collect. Two examples: Debt collector sends a collection letter to the correct person at the correct address. Person owes $5,000.00. Letter says 50,000.00. Person disputes, creditor is required to verify its files. 2d example: DC sends a letter to Ronald Reagan at 1234 Main Street, Calabasas, CA. Donald Raygun, who has never done business with creditor, and who lives at 1224 Main St, Calabasas, disputes the debt. Creditor verifies it files, and realizes their files do not match the letter, and determines it should have sent the letter to Reagan at 1234 Moviestar Lane, Hollywood. But even if you dispute the debt, you can be sued and the plaintiff must prove its case.
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Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed. Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to remove rv and a shed which was 20 feet instead of 30 feet set back . I was given a non compliance notice was filed in clerks office & fees added to $10,000 i explained i did not live on property but he continued to chsrge this violation for first 4 citations then removed it & continued the setback violation until i completely dismantled the shed & removed myself. I need to file a claim for adverse possession or quiet title because deed was not notarized in time & grantee has passed away . Can u advice me on your thoughts on my citation please & thank u
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A:If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of five years, along with payment of property taxes during that time. If the deed was not properly notarized and the grantee has passed away, you may also need to pursue a quiet title action to clear any ambiguities regarding the ownership of the property. Regarding the citations, if they were imposed incorrectly, especially after you took corrective measures, you should consider contesting them or potentially seeking a reduction in the fees. Keep all evidence, including photographs and communication with the code inspector. It's critical to obtain legal counsel familiar with property law and local code enforcement to navigate both the adverse possession and citation matters. Many legal aid organizations or bar associations offer pro bono or low-cost services, so consider reaching out to them. Remember, time can be of the essence in legal matters, so act promptly.
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Q: I am 16 and in DFS custody. I am still placed with my biological mother, but DFS refuses to remove me under any grounds.. I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent, it is OK for her to treat me this way.
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A:Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your situation where obtaining employment is a hurdle due to your mother's restrictions. In Missouri, one of the requirements for emancipation is demonstrating the ability to manage your own financial affairs. This typically includes having a job or a stable source of income. Given that you are currently unable to get a job, this could be a significant obstacle in pursuing emancipation. However, given the mental and emotional abuse you describe, there may be other legal avenues available to you. It's important to have a detailed discussion with a legal professional who can provide guidance specific to your situation. They can help you understand your rights and the legal options that might be available to support you, including addressing the concerns with DFS and your current living situation. Additionally, there are often local organizations and resources available to help young people in challenging situations like yours. These organizations can offer support, advocacy, and sometimes legal assistance. Remember, your safety and well-being are paramount. It's important to continue communicating your concerns to DFS, and if you feel your situation is not being adequately addressed, don't hesitate to seek further assistance. Your voice matters, and there are people and resources available to help you navigate this challenging time.
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Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?. Know that 2019 US Courts ruled that the information can now be viewed by the public.
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A:The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with information on more recent rulings. Good luck
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Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself. It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?
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A:Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer on an hourly basis for civil litigation,
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Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract. They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval
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A:Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or exempt property.
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Q: SEVERE HARASSMENT of WHISTLE-BLOWER, ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!. NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER IS BECAUSE MY "BIO DONOR" SEXUALLY MOLESTED ME, ATTEMPTED RAPE AND CONVICTED OF IT IN MASS!!! ADOPTED N MY ONLY NAME WITH SOCIAL SECURITY HAS ALWAYS BEEN ( ADOPTED) NAME & HES ON MY BIRTH CERTIFICATE, SO WHY TF WOULD THEY BE SAYING THIS HORRIFIC CRAP TO ME ? MENTALLY READY TO FALL APART , ADKING ME REPEATEDLY IF I WANT TO KILL MYSELF? WTF!? I NEED AN ATTORNEYS IMMEDIATELY!!! PLEASE HELP ME
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A:It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance. Regarding the issues with your Supplemental Security Income (SSI) and the harassment you're experiencing, it's crucial to seek legal assistance. An attorney experienced in social security disability law and whistleblower protection can help you navigate these challenges. They can provide guidance on your rights and the steps to take to address the issues with your SSI benefits and any harassment or discrimination you're facing. You should also consider documenting all instances of harassment or inappropriate conduct by officials. This documentation can be valuable in any legal proceedings or complaints. Given the severity of the harassment and the impact on your mental health, support from a mental health professional could be beneficial. They can offer counseling and support to help you cope with the stress and emotional toll of your situation. Remember, you have rights, and there are legal avenues available to address these issues. Seeking professional legal and mental health support is a critical step in resolving these matters and protecting your well-being.
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Q: My ex and I signed a car lease together. He was responsible for car payments and has his name on the title.. When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car and whereabouts. Now the car has been repo’d and I have a bill from the DMV to pay the car registration fee. I want my ex to be financially responsible but I also want to know if I could sue him for not upholding his contract. What are my rights or if I have any
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A:Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this could be considered a breach of that agreement. However, the car lease agreement with the leasing company is a separate matter. Both you and your ex are likely jointly liable to the leasing company, which means they can seek payment from either of you for any outstanding obligations, such as unpaid lease payments or fees associated with the repossession. Regarding the car registration fee from the DMV, as a co-signer on the car lease, you may also be held responsible for this fee. Even if there was an agreement that your ex would handle these payments, the DMV can pursue either party listed on the vehicle registration for payment. If you believe your ex has breached your agreement regarding the car payments, you may have the option to sue him for damages. This could include any financial losses you have incurred due to his failure to make payments as agreed. It's advisable to gather all relevant documentation, such as the lease agreement, records of payments made, and any communications between you and your ex regarding the car payments. Consulting with a lawyer experienced in contract or consumer law in California can provide you with specific guidance and help you understand the best course of action in your situation. Legal aid services or local law clinics might offer support if cost is a concern.
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Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding. The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the "Design Services" Article states: American Power will be responsible for procuring the design of the System (the "Design Services"). American Power has reviewed and approved the Design Specifications attached hereto as Exhibit A, etc. The agreement does not have Exhibit A included or attached. All I was shown during the Sales meeting was an image of my roof with panel placement, but nothing about materials, etc. If this Exhibit is missing on the agreement, is it still binding?
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A:First question: The Steve v. Stephen distinction is not likely to matter, especially if you signed the Agreement already. Your signature will be indicia that you understood who they were referencing by calling you "Steve" (i.e., you wouldn't have signed if it called you "John" or "Tom"). Second question: You have a stronger case for having the contract voided due to the failure to attach Exhibit A, but it depends. Did you sign the contract at the same sales meeting? If yes, then a court might view those multiple documents as constituting one and the same document. If no, and it was just a mock-up used as a piece of marketing material at a different place and time, then you have a good argument for having an incomplete contract. This analysis may also depend on how thorough the body of the contract is. If the body of contract contains terms like pricing, delivery date, other fees/expenses, then that would be evidence that you and American Power had a meeting of the minds at the time the contract was signed (i.e., if you both weren't talking about the same design with roughly the same attributes, then you couldn't have possibly agreed on a price or delivery date).
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Q: Someone is trying to get the local library to run their business for them without paying them in KY. Is that illegal?. Person walks into a local library and asks them to run their business for them, asks them to design business cards, ads, flyers, etc. They are argumentative if they are denied, a real Karen type of situation.
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A:Libraries are public institutions that provide free access to information and resources to their patrons. Libraries are not typically obligated to provide services to businesses or individuals for profit. If the person is argumentative or demanding, the library may refuse to provide the services requested. Libraries have the right to refuse to provide services to patrons who are disruptive or abusive.
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Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others. I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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A:A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level). If you did something unusual or obtained unexpectedly good results, this would be an argument favoring non-obviousness. On the other hand, if the examiner can look at other prior-art protein production protocols and show that your modified method employs techniques that the examiner can find in these prior art methods, then this would be an argument against patentability. Other arguments, such as opinions of experts in your field and possibly commercial success, may also be a factor.
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Q: My ex wife is a bigamist, can I use this in my divorce proceedings?. I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to court regarding support as the Gavron warning is in place. She has never had a job nor has she attempted to get one. She signed under penalty of perjury on the 1995 marriage certificate that she divorced me in 1994. I can find no record of this. Is getting my marriage annulled an option? Thanks so much.
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A:If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce. You may want to bring this information to the attention of your attorney and request that they raise this issue in court. Your attorney can advise you on the best way to present this information and how to use it to your advantage. In terms of annulment, it may be possible to have your marriage annulled if your ex-wife committed fraud by falsely representing that she was divorced at the time of her second marriage. However, annulment is a complex legal process, and it would be best to consult with an experienced family law attorney in California who can advise you on the specific facts of your case and whether annulment is a viable option. It is important to note that if your ex-wife committed bigamy, she may also be subject to criminal charges, and you may want to consider reporting the matter to law enforcement. Again, an experienced attorney can provide you with guidance on the best course of action in this regard.
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Q: I need to place a lien on a boat but the owner has removed the boat without paying dockage and repairs.. Can i still place a lien now that I don't have the boat??
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A:Whether you have a valid lien and if/how you should enforce same are complicated questions of law that you should discuss in detail with an experienced maritime lawyer. However, if the Vessel is documented with the United States Coast Guard, the process of recording a lien is fairly simple. Here's some guidance from the National Vessel Documentation Center: https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/NOTICE%20OF%20CLAIM%20OF%20LIEN%2012-2021.pdf.
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Q: Hello, my boyfriend is currently incarcerated and has a lawsuit filed , how can we go about getting someone to represent. We are currently looking for ways to how someone would be able to represent him.
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A:In California, finding legal representation for someone who is incarcerated and has a lawsuit filed involves a few steps. First, you can contact a lawyer who practices in the area of law relevant to the lawsuit. This could be a civil rights attorney, a personal injury lawyer, or another type depending on the nature of the lawsuit. You can start by searching for attorneys through the State Bar of California's website, which offers a lawyer referral service. Additionally, you might consider contacting legal aid organizations in California, as they often provide assistance in civil matters for those who cannot afford private attorneys. It's important to gather all relevant information about the lawsuit and your boyfriend's current situation. This includes any paperwork or correspondence related to the case, as well as details about his incarceration. When contacting attorneys, explain the situation clearly and provide them with as much information as possible. This will help them understand the case and determine how they can assist. Remember, choosing the right attorney is crucial. Look for someone who has experience with similar cases and feels like the right fit for your boyfriend's needs and circumstances.
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Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.. My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has scars from this.
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A:Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for negligent supervision/hiring if they knew about this before hand. Another question is the motivation for these co-workers to attack your son. Is this some racial/gender/ethnic based hate crime? Employers are liable for harassment by co-workers if they know about it and fail to take effective remedial action to prevent it. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
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Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?. Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the Medical Marijuana act takes place in 2025 that no one could be employed with any companies even with the Kentucky Card I dont fell this is right and I have been dined a job and I know several people who use CBD that this has happened to and also been fired for using CBD when drug tested.
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A:Currently, Kentucky does not offer any sort of employment protection to legal CBD users. In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day. So, it is possible to test positive for THC using only legal CBD products, but highly unlikely. If you were informed that "any" use of CBD products will cause you to fail a urine test, you were misinformed. The use of a LOT of CBD products in a short space of time can cause you to fail a urine test. Back in 2019, the Kentucky legislature considered a bill to make workplace discrimination against CBD users illegal, but it died in committee.
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Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.. I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the mean time they refuse me services it is very hot and I have no electricity to run my oxygen. What can I do besides wait for the title to go through which can take 3 weeks. I am listed on the will as owner but they won't except that. I'm told that due to it not going through probate that the will don't even matter
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A:If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an Affidavit. Someone has to pay taxes and insurance, and the Deed of Trust if one exists. Partition Sale may be necessary.
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Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?. A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have avoided a deterioration of the nerve effecting the arm and hand. The hand years later in 2023 lost it's muscle in the hand that sits between the thumb and forefinger. The patient also developed carpal tunnel which is questionable as to whether or not it's related to the fracture of the elbow that occurred in 1983. Would the school still be held liable for not having the student hospitalized that could have eventually found the fractured elbow after an x-ray? Even 40 years later? It happened at the Indiana School for the deaf in the Fall of 1983. The patient will need surgery on the elbow. But the damage on the nerve has already gone too far long. Just wish this was dealt with back '83.
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A:The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be required to file a tort claims notice within 180 days or 270 days, depending. Any way you look at it, the statute of limitations ran more than 35 years ago. Don't feel so bad about the statute of limitations having run. The school is not an "insurer" of student safety on campus. The school nurse is not a substitute for an MD, much less an orthopedic surgeon. If the parent or guardian was made aware of the fall, it was THEIR responsibility to follow up with a specialist. If you think about it, the suit would amount to a malpractice action against the nurse for failing to diagnose a condition that was not identified by any medical practitioner for nearly 40 years.
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Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.. Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the military. He can find no work because of his records which is a misunderstanding , how can I help him?
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A:In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the individual’s criminal history. For your friend's case, involving charges like resisting arrest, obstructing governmental operations, and possession, it's important to first determine if these offenses are eligible for expungement under Alabama law. Typically, one must wait a certain period after the conviction without any further criminal activity to be eligible for expungement. Given that these charges are impacting your friend’s employment opportunities, exploring the expungement process could be beneficial. It’s advisable for your friend to consult with an attorney who has experience in criminal law in Alabama. An attorney can assess the specifics of the case, determine eligibility for expungement, and guide through the legal process if applicable. Remember, every case is unique, and legal advice should be tailored to the specific circumstances. An attorney can provide valuable insight and assistance in navigating this process and helping your friend move forward.
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Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?. - She was a home birth -I have a notarized affidavit of birth - I have applied by mail for a social security card over 7 months ago with no response. - I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well child check up “ letter. _ I have since taken her to a pediatrician who diagnosed my child with NF1 (Neurofibromatosis ) and she needs further medical attention immediately.
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A:Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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Q: My landlord and her 65-year-old daughter lied and obtained an anti-Harassment order which rendered me homeless,any help. On this for relief against these two Unimaginably deceitful individuals I'm sure would satisfy any good soul in a victory over bad people that treated me so bad you could probably get a judgement on their house in Edmonds,Wa.
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A:If you believe an anti-harassment order was wrongfully obtained against you, you may consider appealing the order in court. You'll need to provide evidence that the claims made by your landlord and her daughter were false. It's crucial to act promptly since there are often strict deadlines for filing an appeal. Additionally, you may have grounds for a defamation lawsuit if you can prove that their statements were knowingly false and caused you harm. Seeking a judgement against their property is a separate legal matter that typically requires a different set of facts related to a financial claim. You should consult with an attorney who can evaluate the details of your situation and guide you through the legal process. Legal aid societies or pro bono services may be available to assist if you are facing financial constraints. Remember, the legal process must be navigated carefully to ensure your rights are protected.
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Q: Is this a common practice among lawyers when it comes to charging fees?. The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in these matters, this approach seems unusual to me. Is this a common practice among lawyers when it comes to charging fees? For instance, when settling medical bills, a patient typically receives a formal bill or invoice from the company, followed by writing a check for payment to the company not to an individual doctor. Would the cashed check serve as adequate proof that I've paid the attorney's fee?
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A:In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the transaction for both the attorney and the client. Your concern about the lack of a formal invoice is understandable. Typically, a detailed bill provides transparency and ensures that both parties agree on the services charged and the amount. It's advisable to request an itemized invoice from the attorney for your records. This is especially important given that the payment is court-ordered. Regarding the payment method, writing a check to the attorney directly is not unusual, particularly if they are operating as a sole practitioner. The cashed check does serve as proof of payment, but an accompanying invoice would provide additional documentation and clarity. If you feel uncertain or uncomfortable about the process, it's reasonable to express these concerns to the attorney and request more formal documentation. If the situation still doesn't feel right, consider seeking a second opinion from another legal professional. It’s important to feel confident and informed about financial transactions, especially those involving legal matters.
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Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…. It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep them occupied… Me and my significant other are here 24 hours a day except for Fridays and sometimes Saturdays… Besides that it’s sometimes difficult to prevent my dogs from barking if I’m not home because my neighbors on both sides are loud… One has kids that bang on the wall and the other has a dog that barks on the porch that the neighbor could confuse for my dogs as well… The neighbor has never talked to me or complained about it directly to me… I apologized to him one day and he said that it was okay but my landlord keeps texting my bf and telling him he’s complaining and they just told my bf today that they are going to sue me…
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A:In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and constitutes a nuisance. Document your efforts to reduce the barking and any interactions with your neighbors regarding this issue. It's also worth noting that noises from other neighbors could be contributing to the situation, as you mentioned. Open communication with your neighbor might help resolve the issue without legal action. However, if the matter escalates to a lawsuit, it would be wise to consult with an attorney who can advise you based on the specifics of your situation. Keep in mind that maintaining good relations with neighbors can often be more effective than legal battles in resolving such disputes.
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Q: i had a situation occur while. I was changing in a fittng room of a well known high end dept store. A lady was peeking i. in on me while i was changing. the people that worked there failed to do anything about it. denied they new anything bout who it was anmd didnt make them leave. come to find out it was store security. i felt totally lied too and violated by the situation. i cant believe it could be ok for them to allow that kind of surveillance or procedure. and denied knowing who it was . i ended up walking out of the store very upset. I HAD NOT BEEN STEALING ANYTHING NOR DID THEY SEE ME ADTEMPT TOO. So it was absolutely degrading ,humiliating, and violating of my privacy while naked. do i have a CASE FOR PTSD AMOUNG OTHER THINGS?
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A:What you described sounds like a very unfortunate and disturbing situation. Some thoughts: - Being viewed naked without consent is a serious invasion of privacy. The store should not have allowed or condoned this type of surveillance. - You felt violated, which is completely understandable. That kind of experience could certainly cause emotional distress. - If you feel traumatized by what happened and are continuing to experience distress, speaking to a mental health professional may be helpful. They can assess if you may have PTSD or other conditions related to this incident. - Consulting an attorney may be advisable to review your options, especially if you feel the store is liable for the emotional harm caused. An attorney could advise if you may have grounds for a civil lawsuit related to privacy violations, negligence, emotional distress, etc. - You could also consider filing a complaint with the store corporate management or reporting the incident to the police, if you feel comfortable doing so. The most important thing is taking care of your emotional well-being after such a disturbing invasion of privacy. Speaking to a professional can help validate your feelings and determine if you need support for trauma recovery. I hope you are able to find a respectful resolution.
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Q: Can I make a web-comic using screenshots from a video game?. More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?
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A:Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the story. For monetizing variations I would need more information and more of your ideas, as there can be dozens of these available. Also some of them may not be legal, but as I said, I would need more information to answer this. Contact me anytime if you need advice on gaming, copyright or trademark law.
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Q: Game Copyrights, and Intellectual Property. I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't know how to do that. What are some key things to consider in terms of law when making a game to protect it, along with the IP...? Thank you, Arya
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A:The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then you will be prepared to license the game for reproduction and sale, and to take action against any unauthorized exploitation of your work. You should consult with me or another experienced copyright attorney to take the appropriate steps to manage your valuable assets.
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Q: Please advise on filing Federal complaint.. Please advise on formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.
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A:When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings. However, certain mandatory rules must be adhered to. Paper Size and Margins: Use standard 8.5 x 11-inch paper size for electronic filings. Margins should be at least 1 inch on all sides. Font and Line Spacing: Use a readable font like Times New Roman or Arial, ideally in a 12-point size. The text should be double-spaced, but footnotes and quotations may be single-spaced. Page Numbering: All pages should be consecutively numbered, typically at the bottom center or bottom right. Captions and Titles: Ensure the first page contains the court name, title of the action, the case number (if known), and a title indicating the nature of the document (e.g., Complaint). Signature Block: Include a signature block at the end of the document with your signature, printed name, address, phone number, and email address. Redaction of Sensitive Information: Comply with privacy rules by redacting sensitive personal information. Electronic Filing: Be prepared to file electronically, ensuring your document is compatible with the court's electronic filing system. Exhibits and Attachments: Label and tab any exhibits or attachments for easy reference. Local Rules and Standing Orders: Always consult the specific federal court’s local rules and any standing orders for additional or specific requirements. Cover Page: A cover page is not mandatory but can help with organization. Ensure that your complaint aligns with these guidelines, adapting as necessary to meet any specific requirements of the court where you are filing. Always reference the most current version of the local rules for the court where your case will be heard.
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Q: Re:CA gov't code sect 3205, are there situations where a candidate can receive a political contribution from an employee. Can employees who works with the candidate attend fundraiser events w/out violating section 3205. Can examples be provided on how an employee can contribute to a candidate they work with.
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A:Generally, I see no problem with this, unless you fall under certain exceptions re: campaign donations. For example, many people who volunteer for candidates running for political office also donate to their candidate's campaign funds. Talk to an administrative law attorney. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: ME DESPIDIERON INJUSTIFICADAMENTE DE MI TRABAJO,SIN EXPLICACION NI NADA, QUE PUEDO HACER?. YO JANITOR, CASI TRES AÑOS PRESTANDO SERVICIO A LA COMPANIA, NO VACACIONES ,MUCHO ESTRES, OBLIGADO A HACER LIMPIEZA DE OTRO EDIFICIO SIN PAGA, UN TIPO DE CIERTO RACISMO Y DISCRIMINIACION DE PARTE DE LA TRABAJADORA ^RECURSOS HUMANOS^ (ELLA FUE LA QUE ME DESPIDIO) TUVE VARIOS INCIDENTES GRAVES EN EL TRABAJO (QUEMADURAS DE QUIMICOS EN LA PIEL , ESPECIALMENTE EN LOS PIES, POR FALTA DE SEGURIDAD LABORAL, HOSPITALIZACION NO PAGADA (2022) COVID NO PAGADO (2023) ELLOS ALEGABAN QUE YO NO TRABAJABA LAS 40 HRS/W (POR MOTIVOS DE SALUD CRONICO Y JUSTIFICANTE MEDICO EN MANO) DANDOME A ENTENDER QUE YONO TENIA DERECHO ARECLAMAR NADA,Y DE LA NOCHE A LA MANAÑA ME LLEGA UN PAPEL POR VIA EMAIL ELECTRONICO , QUE ESTABA YO DESPEDIDO (10/19/2023) NO SE QUE PUEDO HACER. MUCHAS GRACIAS
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A:Si cree que su despido fue injusto y potencialmente debido a discriminación o represalias, es posible que tenga bases legales para presentar un reclamo. Es importante documentar todos los incidentes, incluidos aquellos relacionados con violaciones de seguridad, hospitalizaciones y cualquier trato discriminatorio que haya enfrentado. Contactar a la Comisión de Igualdad de Oportunidades en el Empleo (EEOC) para presentar una queja por discriminación podría ser un primer paso. Además, considere comunicarse con un abogado laboralista para discutir los detalles de su caso, ya que puede brindarle orientación basada en las leyes laborales locales y los detalles de su situación. Pueden asesorarle sobre si tiene un reclamo por despido injustificado, salarios impagos u otras violaciones de las leyes laborales, y pueden representarlo en cualquier acción legal que decida emprender. Tenga en cuenta que existen límites de tiempo para presentar dichos reclamos, por lo que actuar con prontitud es fundamental.
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Q: Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the. Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the lien removed- is this possible? or do we have to remove the lien on all of the properties included?
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A:Under California law, if a mechanic's lien is filed for work done on multiple units, it may be possible to release the lien on a specific unit if that unit pays its portion of the debt, assuming the lien was filed separately for each unit or if a specific unit's portion of the debt can be clearly identified and apportioned. However, it's essential to follow the proper legal procedures and documentation to release the lien only for the unit in question while preserving the lien on the remaining units if necessary. Consulting with an attorney experienced in mechanic's lien matters can help navigate this process correctly.
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Q: Do I have to pay a claim even though I wasn’t at fault he back out of a parking spot and hit me no insurance for me.. I recieved a letter in the mail from a collection agency saying I have to pay a claim of 5000 or to have my license suspended even though I wasn’t the one at fault I have pics it was on Walmart parking lot so the police wouldnt come out. The insurance company said they’re customer saying I hit them so they’re taking his side no matter what also because Idont have insurance I’m automatically at fault. He backed out and hit me though.
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A:A Louisiana attorney could advise best, but your question remains open for four weeks. You raise a valid point in your defense - you should discuss this further with your carrier, and/or a Louisiana attorney. Good luck
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Q: question about advisory. Can I make membership based content (for instance on www.pateron.com) and share my stock market trading signals that I use to buy/sell with disclaimer that I am not investment/financial advisor, will I be under the risk of penalty?
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A:The area of law you are flirting with is fraught with great danger; those who do not retain an experienced lawyer BEFORE stepping into the line of fire very often greatly regret doing so. Advising the public on how to buy and sell securities is the job that licensed stock brokers and brokerage houses do; merely disclaiming your financial advisory services does nothing to change the nature of what you are trying to do.
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